The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
That so much of the standing orders be suspended as would prevent Senator Lambie moving that the document be tabled.
The leadership knew. This went beyond the patrols. This was known up the chain.
… the regiment is bigger than an individual and the integrity of the regiment must come first … he informed me the regiment will handle this internally.
Education Legislation Amendment (Startup Year and Other Measures) Bill 2023
The committee divided. [12:22]
(The Chair—Senator McLachlan)
The committee divided. [12:26]
(The Chair—Senator McLachlan)
The committee divided. [12:34]
(The Chair—Senator McLachlan)
(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).
The committee divided. [12:43]
(The Chair—Senator McLachlan)
The committee divided. [12:48]
(The Chair—Senator McLachlan)
Treasury Laws Amendment (2022 Measures No. 4) Bill 2022
Schedule 9 to the bill will ensure that veterans affected by the Full Federal Court decision in Commissioner of Taxation v Douglas will not face worse income tax outcomes as a result of the court's decision. The government's objective is that nobody is worse off. The legislation will preserve the preferable tax and outcomes for affected veterans as a result of the decision.
Areas which are not supported:
Our coastal communities in NSW ask that MPs from ALL sides of politics work together to cancel the PEP 11 lease once and forever, and pass legislation that prevents fossil fuel mining off our coastline. No grandstanding, no wedging, just quiet cooperation to get this done legally, legislatively and above all—permanently.
From my memory, I did not receive a brief or any advice from my department. I think it was quite detailed in terms of any other advice that may have come to the office. I would just want the opportunity to check that.
If it had come to me, I would have declared a conflict, but it didn't. It didn't cross my desk. I did not get a brief. If there is anything further that I can update the Senate about on that, I will.
I certainly had no contact with the Attorney-General. Again, just for the purposes of being absolutely clear to the Senate, I will take other aspects of that on notice, because that would require me going and speaking with other people. But, from my point of view, no.
Members noted that the new policies announced in the Australian Government Budget had not had a material effect on the staff forecasts for economic activity and inflation.
Members observed that it was understandable that the lowest paid workers would be compensated for high inflation …
… a triple dividend by lowering bills, emissions and the pressure on our energy systems as they transition.
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 McGrath today relating to the budget.
… the new policies announced in the Australian Government Budget had not had a material effect on the staff forecasts for economic activity and inflation.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice I asked today relating to plastic pollution.
That leave of absence be granted to Senator Dean Smith for today, 20 June, for personal reasons.
GOVERNMENT BUSINESS NOTICE OF MOTION NO. 1
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—Facilities to support JP9101 Phase 1 enhanced defence high frequency communications system—'Project Phoenix'.
GOVERNMENT BUSINESS NOTICE OF MOTION NO. 2
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—Fishermans Bend redevelopment.
GOVERNMENT BUSINESS NOTICE OF MOTION NO. 3
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
National Capital Authority—Commonwealth Avenue Bridge (Canberra, ACT) renewal project.
That there be laid on the table by the Minister representing the Treasurer, by no later than 5 pm on Wednesday, 28 June 2023:
(a) all documents, including but not limited to correspondence, file notes, minutes and briefing materials relating to any communication between the Australian Taxation Office (ATO) and the Australian Federal Police (AFP) in relation to the PricewaterhouseCoopers (PwC) tax scandal, from January 2016 to date;
(b) all information, including but not limited to emails, notes and correspondence shared by the ATO with the AFP from January 2018 to July 2020 in relation to the PwC tax scandal; and
(c) all documents, including but not limited to correspondence, file notes, minutes and briefing materials relating to the decision by the AFP and the ATO that there was insufficient information to refer the PwC tax scandal to the AFP for investigation.
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 failure of the Albanese Labor Government to consult with the community pharmacy sector, particularly small and rural and regional pharmacies, prior to the announcement of their 60 day dispensing policy, which may see hundreds of community pharmacies closed, thousands of jobs lost and free access to critical primary healthcare ripped away from vulnerable Australians."
That, in the opinion of the Senate, the following is a matter of urgency:
The failure of the Albanese Labor Government to consult with the community pharmacy sector, particularly small and rural and regional pharmacies, prior to the announcement of their 60 day dispensing policy, which may see hundreds of community pharmacies closed, thousands of jobs lost and free access to critical primary healthcare ripped away from vulnerable Australians.
To have been assessed as 'good practice' under the Guide, the IA—
would have benefited from more recent public consultations on potential stakeholder impacts, particularly for small businesses and pharmacies in rural and remote areas. Moreover, where stakeholder impacts are difficult to ascertain at this point in time … the IA would have benefited from a more detailed evaluation plan that outlines metrics and data required to monitor the impacts on stakeholders following implementation.
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.
The Senate divided. [16:18]
(The President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
His Holiness the Dalai Lama is a leader of peace, compassion and non-violence in Australia and the world; the severe violations of religious freedom in Tibet and the policy of sinicising Tibetan culture and religion is concerning, and; decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the Tibetan Buddhist tradition and in the context of the will of practitioners of Tibetan Buddhism.
Once a nationality's language, costume, customs and other important characteristics have disappeared, then the nationality itself has disappeared too—that is to say, it has turned into another nationality …
… what appears to be a policy of forced assimilation of the Tibetan identity into the dominant Han-Chinese majority through a series of oppressive actions against Tibetan educational religious, and linguistic institutions …
… "colonial" in design and practice, serving the Chinese Communist Party's goals of "Sinicizing" Tibetans through immersion in Mandarin Chinese instruction and a "highly politicised curriculum."
His Holiness the Dalai Lama is a leader of peace, compassion and non-violence in Australia and the world; the severe violations of religious freedom in Tibet and the policy of sinicising Tibetan culture and religion is concerning, and; decisions regarding the selection, education, and veneration of Tibetan Buddhist religious leaders are exclusively spiritual matters that should be made by the appropriate religious authorities within the Tibetan Buddhist tradition and in the context of the will of practitioners of Tibetan Buddhism.
That the Senate take note of the report.
I was quoted $8960 … there was no way I was able to pay … My teeth are extremely damaged, decayed, and another tooth has fallen out. I have pain in my mouth almost daily … I am not able to eat all foods … Currently, my wife and I are saving for a house … At this point it would be a house deposit—
or fixing my teeth, not both.
… … …
Making access to dental care free would have a tremendous positive impact on my life. I would be able to rid myself of pain, sleeping troubles, and the shame around my teeth.
I began my apprenticeship in 2016, and like many adult apprentices, I struggled to make ends meet. The meager income I received barely covered my living expenses, leaving me with no room for additional costs such as dental care.
… … …
Those years of forced neglect have now culminated in a diagnosis of Advanced Late-Stage Gum Disease, I am only 30 years old. I discovered this 6 months ago, after saving for three months to afford the cost of a check-up and clean which cost $290 including 1 x-ray. The dentist referred me to a periodontist gum specialist who had a waiting list of 6 months. That appointment cost $350 just for the initial 30-minute consultation—
I ate 1 meal a day for 2 months to save for the appointment and lost 11kgs in that time. I was already thin to begin with, now I just look—
The cost of treating my gum disease is staggering. Restoration of the gum is expected to cost upwards of $2,500 for just one area that has gum recession. Facing this reality, I have come to the heartbreaking realization that I cannot afford this treatment.
… … …
Many Australians, especially those in low-income and disadvantaged situations, face similar challenges in accessing affordable dental care. The consequences of neglecting dental health can be severe, impacting not only our oral health but also our overall well-being, self-esteem, and quality of life. I'm becoming increasingly depressed and suffer from anxiety.
That the Senate adopt the recommendations contained in the report proposing orders for the production of documents.
That the Senate take note of the report.
That the Senate take note of the document.
Working an additional day for no or virtually no take-home pay is understandably not a choice many find attractive.
That the Senate take note of the report.
The Coalition members of the Committee recommend that the Electoral Act be amended to allow for the obligations of Registered Political Parties to be applied to independent candidates where the Australian Electoral Commissioner believes those candidates are conducting their activities in a manner consistent with a Registered Political Party.
It has been recognised through the course of the Committee's inquiry that the 2022 Election saw a series of successful independent candidates, now known as the Teal Party, contest a number of seats.
There has been evidence presented to the Parliament, and through this inquiry, that suggests that this was done, in part, as a coordinated effort and that this coordination was either not presented in a transparent manner, or was unable to be categorised under the current electoral law.
It is concerning that allegations of this activity were made, while the candidates in question claimed to be unaffiliated independent candidates.
The statement from Teal members of parliament and candidates that they are not a political party is as offensive as it is wrong. Creating a level playing field between established political parties and the Teal Party will ensure equal treatment and limit the ability of 'political players' to game the system.
The Coalition members of the Committee recommend that the Government give consideration to the adequacy of the current electoral regulatory framework to nominate as a candidate at a Commonwealth election, and in particular any measures that could be implemented to strengthen the integrity of the system.
The Committee, and the Parliament more broadly, has heard evidence in relation to the ability for the nomination of large numbers of candidates for election that create burdens on electors, barriers to entry for some candidates or parties, and the potential for candidates to be utilised purely for preference distribution.
It is imperative that electors are provided a choice of candidates that is reflective of the community support and that the system of nomination is transparent and effective.
… a maximum of one week prior to election day and that the Australian Electoral Commission provide parties and candidates with the earliest possible advice about prepoll locations.
The reason for the proposed reduction is twofold. Firstly, a reduction in the length of the pre-poll period would sizeably reduce the administrative burden on both the AEC and election candidates. Secondly, reducing the length of the pre-poll period would also allow for voters to make their voting decisions with the most current information.
… that a new offence of 'electoral violence or intimidation' be added to the Electoral Act. This amendment is fundamental to address behaviour arising in an election such as violent, obscene or discriminatory abuse, property damage, and stalking candidates or their supporters to intimidate them or make them feel unsafe.
No one should feel unsafe while participating in our democratic process.
Over an extended period, the Committee and the Parliament has been presented evidence that political volunteers and supporters have been subject to politically motivated abuse, violence or harassment. The strength of our electoral system rests on the contestability of ideas and the presentation of that contest to electors. But this contest must be safe for the participants engaging in it. There is no greater importance than securing this contest in the electoral system for the ensuring of free and fair elections.
Following the removal of any restrictions that were placed upon electors who are participating in Commonwealth elections relating to the COVID-19 pandemic, the Coalition members of the Committee believe there is no justification for any measures that were put in place to ensure the conduct of pandemic-elections …
The Coalition members of the Committee recommend that vote counts after polling day for each electorate should be carried out in the electorate itself, not transported considerable distances.
The Coalition members of the Committee strongly support the counting of votes in locations within local electorates as far as possible. The Commission made extensive comment about their support for local campaign workers in the electoral process, including the scrutiny of the vote.
By removing votes for counting at other and distant locations, campaign workers who are unable to travel for those counts do not have the ability to participate in the scrutiny of their local electorate. This is an important part of the democratic process, and the Australian Electoral Commission should recognise and support that participation, particularly at the point of scrutiny of the vote after polling day.
That senators be discharged from and appointed to committees as follows:
Environment and Communications References Committee —
Discharged—Senator Reynolds
Appointed—
Senator Duniam
Participating member: Senator Reynolds
Foreign Affairs, Defence and Trade — Joint Standing Committee —
Discharged—Senator Van
Appointed—Senator McLachlan
National Capital and External Territories — Joint Standing Committee —
Discharged—Senator Van
Appointed—Senator O'Sullivan
Public Works — Joint Statutory Committee —
Discharged—Senator Van
Appointed—Senator Rennick
Scrutiny of Delegated Legislation — Standing Committee —
Discharged—Senator Van
Appointed—Senator Reynolds
Treaties — Joint Standing Committee —
Discharged—Senator Van
Appointed—Senator Fawcett
Treasury Laws Amendment (2023 Measures No. 2) Bill 2023
Home Affairs Bill 2023
Treasury Laws Amendment (2022 Measures No. 4) Bill 2022
The Bill proceeds on the unreliable assumption that cryptocurrency is a form of property.
There is no current Australian statute that anoints cryptocurrency with property status. Accordingly, to be treated as a form of property, the status must derive from common law.
(2) Schedule 7, page 119 (line 1) to page 120 (line 18), to be opposed.
(1) Clause 2, page 2 (table item 4), omit the table item.
(1) Schedule 1, item 2, page 11 (after line 18), after subparagraph 378-25(7)(c)(i), insert:
(ia) a game that contains, or allows access to, a digital container of randomised virtual items that can be obtained for consideration (commonly known as a loot box);
(1) Schedule 2, page 32 (line 1) to page 35 (line 23), to be opposed.
The committee divided. [18:11]
(The Chair—Senator McLachlan)
(1) Schedule 4, item 1, page 39 (after line 21), after subsection 328-445(3), insert:
Limit on deductions relating to training provide d by non-registered training providers
(3A) Despite subsections (1) to (3), the total of your deductions under this section for an income year in relation to expenditure that is not covered by subsection (3B) cannot exceed $20,000.
(3B) This subsection covers expenditure you incur for any of the training mentioned in section 328-450 provided by a particular provider if, at the time you incur the expenditure:
(a) the provider is a registered body of any of the following kinds:
(i) a registered higher education provider (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011 );
(ii) a NVR registered training organisation (within the meaning of the National Vocational Education and Training Regulator Act 2011 );
(iii) a registered education and training organisation (within the meaning of the Education and Training Reform Act 2006 (Vic.));
(iv) a registered training provider (within the meaning of the Vocational Education and Training Act 1996 (WA)); and
(b) if the provider is a registered body of a kind mentioned in paragraph (a)(ii), (iii) or (iv)—the training is within the provider's scope of registration for that kind of registered body.
(2) Schedule 4, item 1, page 40 (line 10), omit "(1)".
(3) Schedule 4, item 1, page 40 (lines 15 to 22), omit paragraph 328-450(1)(b).
(4) Schedule 4, item 1, page 40 (lines 31 and 32), omit the note, substitute:
Note: Paragraph (c) means this section will not apply to expenditure for training provided by you in house.
(5) Schedule 4, item 1, page 40 (line 33) to page 41 (line 11), omit subsection 328-450(2).
The committee divided. [18:17]
(The Chair—Senator McLachlan)
(1) Schedule 5, item 1, page 46 (after line 4), after section 328-460, insert:
328-465 Additional technology investment boost deduction
Normal or late balancers — deduction for 2023-24 income year
(1) You can deduct for the 2023-24 income year an amount that is equal to the sum of the lower of $20,000 and 20% of the total amount (which may be nil) of your expenditure to which subsection 328-470(1) applies.
Early balancers — deduction for 2024-25 income year
(2) Subsection (1) does not apply if your 2023-24 income year starts before 1 July 2023. Instead, you can deduct for your 2024-25 income year an amount that is equal to the sum of the lower of $20,000 and 20% of the total amount (which may be nil) of your expenditure to which subsection 328-470(1) applies.
These are bonus deductions under the Income Tax Assessment Act 1997
(3) The Income Tax Assessment Act 1997 has effect as if this section and section 328-470 of this Act were provisions of Division 25 of theIncome Tax As sessment Act 1997 .
(4) Sections 8-10 and 355-715 of the Income Tax Assessment Act 1997 do not apply in relation to a deduction under this section.
328-470 What expenditure qualifies for the additional technology investment boost
(1) This subsection applies to an amount of expenditure if:
(a) you are a small business entity for the income year in which you incur the expenditure; and
(b) you incur the expenditure in the period starting on 1 July 2023 and ending on 30 June 2024; and
(c) you can deduct the amount of the expenditure under a provision of a taxation law (other than section 328-465 of this Act) whether or not in, or wholly in, the income year in which the expenditure was incurred; and
(d) you incur the expenditure wholly or substantiallyfor the purposes of your digital operations or digitising your operations; and
(e) the expenditure is on acquiring, or acquiring a right to use:
(i) a product covered by subsection (3), in circumstances where you did not use the product (or a different version of the product) in your operations before 1 July 2023; or
(ii) an upgrade, of a product covered by subsection (3) that you were already using in your operations, in circumstances where the upgrade includes one or more substantive additional product features that provide you with a new digital adaptation capability; and
(f) if the expenditure is on a depreciating asset:
(i) the only balancing adjustment events that occur for the asset at a time during the period referred to in paragraph (b) when you hold the asset occur because you stop holding the asset because of an event or circumstance referred to in subsection 40-365(2) (about involuntary disposals) of the Income Tax Assessment Act 1997 ; and
(ii) you start to use the asset, or have it installed ready for use for a taxable purpose, before 1 July 2024.
Working out whether you can deduct an amount of expenditure on a depreciating asset
(2) For the purposes of paragraph (1)(c), in working out whether you can deduct an amount of expenditure on a depreciating asset, assume that:
(a) you will continue to hold the asset throughout its effective life; and
(b) throughout that effective life, you will use the asset for a taxable purpose to the same extent as you use it, or have it installed ready for use, for a taxable purpose in the income year in which you start to use it, or have it installed ready for use, for a taxable purpose.
Covered products
(3) The following kinds of products are covered by this subsection:
(a) digital business management tools;
(b) digital accounting tools;
(c) website creation and/or management tools;
(d) e-commerce tools;
(e) digital end-to-end retail solutions tools;
(f) digital analytics tools;
(g) digital marketing tools;
(h) cybersecurity tools.
Excluded expenditure
(4) To avoid doubt, subsection (1) does not apply to the following kinds of expenditure:
(a) salary or wage costs;
(b) capital works costs for which you can deduct an amount under Division 43 of the Income T ax Assessment Act 1997 ;
(c) financing costs, including interest, payments in the nature of interest and expenses of borrowing;
(d) training or education costs;
(e) expenditure that you incur that forms part of, or is included in, the cost of your trading stock.
Note: For deductions relating to training or education costs, see section 328-445.
These measures are not yet law. You cannot claim the boosts until the law is enacted.
Schedule 8, page 121 (line 1) to page 122 (line 2), to be opposed.
Migration Amendment (Giving Documents and Other Measures) Bill 2023
Clearly there is evidence emerging that forum shopping is about how people, with the assistance of people smugglers, try to make arrangements to end up in the country of their first desire, where they think would be the nicest place for them to go, and the place that would provide the best facilities and the best future. We cannot blame people for having that view; that is a natural human reaction. But when it gets to the stage where, in one form or another, the international and national procedures for dealing with refugees are being, if not abused, at least bent, so that countries like Australia are unnecessarily targeted, we have every right as a nation to make laws in respect of those arrangements.
This Subdivision is enacted because the Parliament considers that a non-citizen who can avail himself or herself of protection from a third country, because of nationality or some other right to re-enter and reside in the third country, should seek protection from the third country instead of applying in Australia for a protection visa …
The government's position remains unchanged: those who can avail themselves of protection from a third country because of nationality or some other right to re-enter and reside in the third country, should seek protection from the third country instead of applying for a protection visa in Australia.
(1) Clause 2, page 2 (table item 3), omit the table item.
(2) Schedule 2, page 11 (line 1) to page 12 (line 4), to be opposed.
The people responsible for handing out cash for no effort are condemning them—
to oblivion. No man can continually accept hand-outs without losing his initiative and self-respect.
… deal in protest; we focus on progress. They see issues to campaign on; we see challenges to act on. They want to build their profile; we want to build more homes.
My name is Paul Campion, and I am the father of a beautiful 14-year-old biological female.
The fact I have to explain her biology is part of the reason I wish to be heard.
My daughter is facing an uphill battle on two fronts from this onslaught of gender ideology.
The first battle is at high school in Queensland.
For the past year, public schools in Queensland have allowed biological boys to declare themselves to be girls, and this gives them the 'right' to enter the change rooms of young biological girls!
My daughter is a champion swimmer at her school and has been subjected to biological boys entering the facilities, with phones, here she and other girls dress and undress.
When my wife and I approached the school administration after our daughter told us what was happening, the school told us there are no boys in the change room, they are girls!
My daughter is not stupid.
She can tell the difference between girls and boys, unlike many of the men and women in this parliament! Especially the Greens.
Those MPs and Senators should be ashamed of themselves; this is the most insane case of the emperor's new clothes the world has ever seen!
It is a Marxist ideology disguised as the word woke!
The Queensland Government is wearing a trench coat and exposing itself to young women and children.
It's a disgrace!
The young ladies are not in cubicles; these are the old-style open change rooms with a bench.
These young girls are being denied a safe and secure place to change at school swimming events.
That's just not acceptable.
The Queensland government has declared anyone can identify as a woman.
The pathetic Minister for Women, Shannon Fentiman, actually said this: "anyone who identifies as a woman is a woman".
This opens up a whole new set of issues, as any male teacher who decides he is now a woman could potentially enter the change rooms and toilet facilities of girls as young as 12.
My daughter's case is a case in point.
Her basic human rights as an adolescent girl are being denied by the school allowing trans boys into her change room.
She has a right to privacy and safety while changing and using the facilities and so does every other young lady
Young women and girls have enough to worry about while going through puberty, without having to worry about this child abuse from our own government.
The threat, if not physical, is certainly psychological and these young impressionable biological females should not have to deal with the mental health issues and gender dysphoria of the opposite sex.
The second front my daughter faces is in her chosen sport.
Not only is she a champion swimmer.
She is also an aspiring tennis player who, if she persists, may be good enough to earn a living from the sport.
However this may not be achievable following the comments made recently by Australian Tennis CEO Craig Tiley, who said he'd like to see trans women compete amongst biological women.
The fact that biological men who play tennis as women will dominate and win all the money doesn't make it much of an opportunity for aspiring young biological female tennis players.
As her father I am offended.
How dare this government abuse young children like they are.
The mental health of these young ladies is being abused and it will only be a matter of time until something more abhorrent happens to them physically thanks to this deranged ideology.
Let's stop using the Latin word 'phobia' and use another that is more suitable. This is not 'trans-phobia'.
It is 'trans fastidium'—fastidium meaning disgust!
Leave my daughter alone.
Let her grow into the beautiful young woman she wants to be without the threat of delusional and perverse men intruding on her life.
It is sinister and those who support this ideology should be ashamed for not standing up for women and children!
People who are opposing (the voice referendum) are saying we are destroying the fabric of their sacred Constitution. Yes, that's right, that is exactly what we are doing.
It would be terribly unfortunate for all Australians if the debate sinks into a nasty, eugenicist, 19th century-style of debate about the superior race versus the inferior race.
… he found it 'unbelievable' that 5 per cent of Tasmanians now identify as Aboriginal or Torres Strait Islander.
… "identity seekers" who are "poor and white" and believe they will have more cultural cachet if they identify as Aboriginal.