The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Broadcasting Services Amendment (Ban on Gambling Advertisements During Live Sport) Bill 2023
Aware of the latest crossbench push on this, the opposition has recently suggested banning gambling ads during sporting events and one hour either side. The evidence shows that this will not fix the problem. In fact, recent policy interventions to restrict the timing and proximity of gambling ads around broadcast sport has only pushed gambling into other programming—including programming that appeals to children like comedy shows and Marvel movies.
Just like you go to a restaurant and you buy a meal—that's entertainment. As long as you're responsible with what you're spending with that entertainment, it's no different to anything else.
Sporting organisations have such an important role to play in promoting the health and social wellbeing of our community, but they continue to have a complete blind spot when it comes to gambling, which is linked to some of our most pressing health and social problems.
That the question be now put.
The Senate divided. [10:01]
(The President—Senator Lines)
Social Security (Administration) Amendment (Income Management Reform) Bill 2023
Consideration resumed of the motion:
That this bill be now read a second time.
At the end of the motion, add ", but the Senate:
(a) notes:
(i) the Coalition introduced the Cashless Debit Card to protect vulnerable communities reducing the amount of welfare payments available to spend on alcohol, gambling and illegal drugs,
(ii) since the Cashless Debit Card program commenced more than $988 million has been spent using cashless debit card accounts; participants making more than 20 million approved transactions with over $273 million spent where the primary business is food,
(iii) the harm and hardship the Government's abolition of the Cashless Debit Card has caused some of Australia's most vulnerable communities,
(iv) the Government's hypocrisy by reintroducing the Cashless Debit Card and rebranding it the SmartCard with the new card supported by the same provider Indue,
(v) the Government has committed over $217 million of taxpayers' funds to this expensive rebranding exercise,
(vi) the Government has failed to provide details of the total cost to taxpayers of the new SmartCard, and
(vii) the Government has rushed and total mismanaged transition to the SmartCard; and
(b) calls on the Government to, without delay, reverse its decision to abolish the Cashless Debit Card program and stop the alcohol-fuelled violence, drug abuse and childhood neglect in our most vulnerable communities".
Our fundamental principle on the basics card and the cashless debit card, it should be on a voluntary basis … If people want to be on those sorts of income management, then that's their decision. It's not up to Labor or anyone else to tell them what to do. At the moment it's compulsion and that's not Labor's position.
Controlling how a person spends their money is a drastic interference into the way a person manages his or her life and family, and human rights require a proportionate response to a problem. In the context of the NT legislation, this means that governments are obliged to consider less intrusive or voluntary option as a first response before moving to options as broad-reaching as compulsory income management.
The evaluation data does not provide evidence of income management having improved the outcomes that it was intending to have an impact upon.
… evidence before the committee indicates that compulsory income management is not effective in achieving its stated objective of supporting vulnerable individuals and families.
The trial evaluations and reviews raise a range of concerns as to whether the cashless welfare scheme is effective to achieve its stated goals, and whether it has caused or contributed to other harms.
… we are, to put it frankly, horrified by what is proposed both in the legislation and in the documentation which has been provided to the parliament in the form of the explanatory memorandum.Turning to the explanatory memorandum and the document which underpins and is cited in the impact analysis executive summary, the department's Reforming the cashless debit card and incom e management , the statement grossly distorts the evidence base relating to the effectiveness of the programs.
… in 2007, when income management was first introduced, I opposed it as lacking policy logic and lacking any evidence from anywhere globally that it might work to improve the circumstances of targeted Indigenous people in the Northern Territory. Instead, I suggested, it would be expensive to administer and likely ineffective. Sadly, nearly 16 years on, that prediction had proven correct—not just today in 2023 but over many years, many evaluations and many Senate inquiries.
It is disappointing to yet again be making submissions on a Bill that clearly ignores the evidence that has debunked compulsory income management.
… … …
APO NT reminds the Government of our support for the repeal of the Cashless Debit Card. We note that while this has allowed some participants to exit income management or voluntarily opt into income management, this is not the case for the majority of NT participants who remain on compulsory income management. Therefore, Aboriginal people in the NT have suffered the longest under this regime and this Bill does nothing to change this.
Despite the Albanese Government's stated intentions of consultation, or stated long term aim that income management is on a voluntary basis, it is important to view the practical and legislative effect of this Bill. The Bill continues the trend of making income management, and in particular compulsory income management, a permanent feature of social services in Australia, without adequate consultation.
The legislative effect of the Bill is the opposite of the Albanese Government's pre-election statements that income management should only occur on a voluntary basis.
How many times do we have to say it until the government listens to our voices?
Since Income Management was introduced in 2007 as part of the Commonwealth Government's Intervention in the NT, we have said no.
A different card, a different colour—it is all for the same purpose: to control our lives.
We are not guinea pigs.
The CLC calls on the government to end all forms of compulsory income management now.
It is the ALPA board's position that income management should only ever be voluntary, regardless of whether participants have been long-term welfare recipients or not … We have run our own voluntary income management program, known as Foodcard, since 2004 … the introduction of compulsory income management saw the usage of the ALPA Foodcard drop off dramatically. In October 2008 there were over 11,000 community transactions on the Foodcard in ALPA stores and, by 2010, this was below a thousand. The ALPA Foodcard is evidence that community members are more than capable of identifying and engaging with services which can support financial management when they feel that they need to.
In summary, the consultation has been through brief phone conversations and online briefing to the CLC policy team. It's been quite limited, the consultation process. We want the consultation process to be properly carried out and to be an extensive consultation process.
Both the Northern Territory and federal governments said they were open to extending the program beyond the cape, with sources revealing senior commonwealth bureaucrats were pushing for its expansion behind the scene.
Closer examination of the FRC's welfare control measures, which require state and federal support, began after the Albanese government fulfilled an election pledge to scrap compulsory income management last year.
… the government is delivering on its commitment to abolish the Cashless Debit Card program …
The Albanese Labor Government is delivering on its election commitments and will today introduce legislation to Parliament to abolish the Cashless Debit Card.
… we're about empowering communities, not taking power away from them … not a patronising position that says, 'We know best,' not one that extended the cashless debit card into communities.
The Government will abolish the cashless debit card program.
The Albanese Labor Government has today delivered on a key election commitment and secured the passage of legislation to abolish the failed cashless debit card program.
SELECTION OF BILLS COMMITTEE
REPORT NO. 7 OF 2023
22 June 2023
MEMBERS OF THE COMM ITTEE
Senator Anne Urquhart (Government Whip, Chair)
Senator Wendy Askew (Opposition Whip)
Senator Ross Cadell (The Nationals Whip)
Senator Pauline Hanson (Pauline Hanson's One Nation Whip)
Senator Nick McKim (Australian Greens Whip)
Senator Ralph Babet
Senator the Hon. Anthony Chisholm
Senator the Hon. Katy Gallagher
Senator Matt O'Sullivan
Senator David Pocock
Senator Paul Scarr
Senator Lidia Thorpe
Senator Tammy Tyrrell
Secretary: Tim Bryant 02 6277 3020
1. The committee met in private session on Wednesday, 21 June 2023 at 7.16 pm.
2. The committee recommends that—
(a) the provisions of the Biosecurity Amendment (Advanced Compliance Measures) Bill 2023 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 27 July 2023 (see appendix 1 for a statement of reasons for referral);
(b) contingent upon introduction in the House of Representatives, the provisions of the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 beref erred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 26 July 2023 (see appendix 2 for a statement of reasons for referral);
(c) contingent upon introduction in the House of Representatives, the provision s of the Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023 bereferred immediately to the Environment and Communications Legislation Committee for inquiry and report by 27 July 2023 (see appendix 3 for a statement of reasons for referral);
(d) the Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 27 July 2023 (see appendix 4 for a statement of reasons for referral);
(e) contingent upon introduction in the House of Representatives, the provisions of the Migration Amendment (Strengthening Employer Compliance) Bill 2023 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 31 August 2023 (see appendix 5 for a statement of reasons for referral);
(f) the provisions of the Public Service Amendment Bill 2023 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 30 August 2023 (see appendix 6 for a statement of reasons for referral);
(g) the Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023 be referred immediatel y to the Community Affairs Legislation Committee for inquiry and report by 24 July 2023 (see appendix 7 for a statement of reasons for referral);
(h) the provisions of the Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023 bereferred i mmediately to the Economics Legislation Committee for inquiry and report by 24 July 2023 (see appendix 8 for a statement of reasons for referral); and
(i) contingent upon introduction in the House of Representatives, the provisions of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share— Integrity and Transparency) Bill 2023 bereferred immediately to the Economics Legislation Committee for inquiry and report by 31 August 2023 (see appendix 9 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
4. The committee deferred consideration of the following bills to its next meeting:
National Occupational Respiratory Disease Registry (Consequential Amendments) Bill 2023
5. The committee considered the following bill but was unable to reach agreement:
(Anne Urquhart)
Chair
22 June 2023
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Biosecurity Amendment (Advanced Compliance Measures) Bill 2023
Reasons for referra1/principal issues for consideration:
Unclear as to degree of consultation (awaiting response from Government) Although sold as being administrative, EM is 90 pages long
Possible submissions or evidence from:
Biosecurity stakeholders (e.g. Invasive Species Council, trade stakeholders, farmers groups)
Committee to whi ch bill is to be referred:
RRAT
Possible hearing date(s):
On papers?
Possible reporting date:
31 July
(signed)
Nik McKim
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred.
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
June-July
Possible reporting date:
26 July 2023
( signed)
Wendy Askew
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023
Reasons for referra1/principal issues for consideration:
We know nothing about this bill prior to be tabled tomorrow
Possible submissions or evidence from:
Ocean stakeholders (e.g. AMCS, Greenpeace, Sea Shepherd)
Committee to which bill is to be referred:
Environment and Communications
Possible hearing date(s):
August
Possible reporting date:
1 September
(signed)
Nick McKim
Appendix 4
SELECTION OF BILLS COMMITTEE
P roposal to refer a bill to a committee
Name of bill:
Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred.
Environment and Communications Legislation Committee
Possible hearing date(s):
June -August
Possible reporting date:
27 July 2023
(signed)
Wendy Askew
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Strengthening Employer Compliance) Bill 2023
Reasons for referra1/principal issues for consideration:
provisions of the Bill will provide additional powers to the ABF, and without proper protections, will have the potential to further victimise vulnerable, exploited migrants.
Possible submissions or evidence from:
migration, human rights, and workplace relations experts, academics, and advocates.
Committee to which bill is to be referred:
Legal and Constitutional Affairs
Possible hearing date(s):
on the papers
Possible reporting date: 31 August 2023
(signed)
Nick McKim
Appendix 6
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Public Service Amendment Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be re ferred.
Finance and Public Administration Committee
Possible hearing date(s):
June -August
Possible reporting date:
30 August 2023
(signed)
Wendy Askew
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Public Service Amendment Bill
Reasons for referra1/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
(signed)
Nick McKim
Appendix 7
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Social Services and Other Legislation Amendment (Strengthening the Safety Net) Bill 2023
Reasons for referra1/principal issues for consideration:
Parliamentary scrutiny of a bill combining several Budget measures
Possible submissions or evidence from:
Committee to which bill is to be referred:
Community Affairs Legislation Committee
Possible hearing date(s):
Week commencing 10th July (or before/ after)
Possible reporting date:
24 July 2023
(signed)
Nick McKim
Appendix 8
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a commjttee
Name of bill:
Treasury Laws Amendment (2023 Law Improvement Package No. 1) Bill 2023
Reasons for referral/principal issues for consideration:
Complicated issue
Possible submissions or evidence from:
Sector, Groups Individuals that are affected.
Committee to which bill is to be referred.
Economics Legislation Committee
Possible hearing date(s):
June -July
Possible reporting date:
24 July 2023
(signed)
Wendy Askew
Appendix 9
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Reasons for referra1/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
(signed)
Senator McKim
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Making Multinationals Pay their Fair Share: Integrity and Transparency) Bill 2023
Reasons for referra1/principal issues for consideration:
The Bill implements elements of the government's Multinational Tax Integrity package, announced in the October 2022-23 Budget, comprising measures to improve tax transparency of corporates, and tax integrity measures to strengthen the thin capitalisation rules to address the use of excessive debt deductions. This will ensure multinationals pay their fair share of tax.
The measures in the Bill reflect several rounds of public consultation to balance this policy intent while continuing to support genuine commercial activity and being mindful of compliance costs. It will ensure that debt deductions are linked to genuine economic activity.
The amendments to the thin capitalisation rules are significant, introducing earnings-based interest limitation rules for general class investors to replace the existing asset-based rules.
The amendments are in line with the OECD's best practice framework and similar amendments have already been adopted by most OECD countries including the United Kingdom, United States, and most of the EU.
The amendments also introduce a new third-party debt test which is expected to be used by the property and infrastructure sectors, as they generally have low earnings in the construction phase of a project. The test means that these entities can continue to deduct genuine third-party debt, without an earnings limitation, subject to eligibility rules.
Treasury has worked constructively with affected stakeholders to address unintended consequences identified through two separate rounds of consultation on the policy design and the exposure draft legislation.
However, the changes are highly complex, and as a tax integrity measure, there are sensitivities, and questions of interpretation that will benefit from the scrutiny and explication possible in the committee process.
A committee process will ensure that the Bill considered in parliament has had the benefit of an open and thorough conversation on the full text of the Bill.
Possible submissions or evidence from:
ASX, Corporate Tax Association, The Tax Institute, Law Council of Australia, Dr Kerrie Sadiq, Tax Justice Network, CICTAR, Property Council of Australia, Business Council of Australia, Australian Shareholders Association, Chartered Accountants, Department of the Treasury, ATO.
Committee to which bill is to be referred:
Senate Economics Legislation Committee
Possible hearing date(s):
throughout July/ mid August
Possible reporting date:
before August 31
(signed)
Anne Urquhart
That the report be adopted.
At the end of the motion, add "and the Australian Capital Territory (Self-Government) Amendment Bill 2023 not be referred to a committee".
The Senate divided. [11:20]
(The President—Senator Lines)
At the end of the motion, add: "and, in respect of the Australian Capital Territory (Self-Government)Amendment Bill 2023 the bill be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 9 August 2023".
The Senate divided. [11:28]
(The President—Senator Lines)
That—
(a) government business orders of the day as shown on today's Order of Business be considered from 12.15 pm; and
(b) government business then be called on and considered till not later than 1.30 pm.
That the following matter be referred to the Community Affairs References Committee for inquiry and report, with an interim report to be presented by
23 September 2023 to aid in the deliberations of the National Cabinet on renters'
rights, and a final report to be presented by 28 November 2023:
The worsening rental crisis in Australia, with particular reference to:
(a) the experience of renters and people seeking rental housing,
(b) rising rents and rental affordability;
(c) actions that can be taken by governments to reduce rents or limit rent rises;
(d) improvements to renters' rights, including rent stabilisation, length of leases
and no grounds evictions;
(e) factors impacting supply and demand of affordable rentals;
(f) international experience of policies that effectively support renters;
(g) the impact of government programs on the rental sector; and
(h) any other related matters.
The Senate divided. [11:38]
(The President—Senator Lines)
Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023
That the following bill be introduced: A Bill for an Act to amend the Migration Act 1958, and for related purposes.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Introduction
I rise to commend this Bill to the Senate.
The amendments proposed in the Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 are sensible and non-controversial, but they are also meaningful improvements that will advance Australia's mission to uphold and enhance human rights -both here and around the world.
Organ trafficking is a uniquely appalling violation of the dignity of the individual, defined by the unethical removal, transfer, or commercialisation of human organs for transplantation outside legal frameworks.
The matter of organ harvesting and trafficking has been the subject of discussion and inquiry over many years.
Features of this Bill derive primarily from inquiry and recommendations made by the Human Rights sub-committee of the Joint Standing Committee on Foreign Affairs, Defence and Trade report Compassion, Not Commerce: An inquiry into Human Organ Trafficking and Organ Transplant Tourism , which wastabled in November 2018.
This report recommended a mandatory reporting scheme, where medical professionals would carry an obligation to report any knowledge or suspicion of a commercial transplant taking place.
Balancing the need to report data that can be used to counter organ trafficking practices internationally with the need to preserve an individual's right to reasonable medical privacy, this Bill instead proposes the mandatory reporting of overseas transplants mechanism be undertaken via the incoming passenger card.
What the Bill does
The amendments provided for in this Bill:
If this is the case, the individual will be required to disclose the name of the medical facility where that transplant occurred, and the town and/or city and country of the facility.
This information is to be disclosed by persons entering Australia via the incoming passenger card.
The resulting data will then be made available to the responsible Minister, who will be required to table an annual report in the Parliament detailing:
These measures are purposefully designed to assist in global efforts to prevent organ trafficking.
Australia's approach thus far
In 2005, the Australian Government criminalised organ trafficking under the Criminal Code Act 1995 and, in 2013, strengthened the Commonwealth Criminal Code by introducing four stand-alone organ trafficking offences.
Australia's organ trafficking offences criminalise the movement of people to, from, or within Australia for the unlawful removal of their organs. An organ does not have to be removed for an organ trafficking offence to be committed.
In addition, Australia has several non-legislative measures in place to complement the legal framework and ensure a holistic approach to address organ trafficking.
The Australian Government is set to conduct training programs for officials in law enforcement, immigration compliance, the Fair Work Ombudsman, and diplomatic and consular position, to increase awareness of the indicators of organ trafficking.
The Commonwealth Criminal Code also stipulates that organ transplant tourism constitutes an organ trafficking offence if a person organised or facilitated the transport, or proposed transport, of the donor to, from or within Australia.
The incidence of organ harvesting and trafficking
When organs are provided to recipients through illicit means of coercion or compulsion, the result is a tragedy in which one human life is prized more than another.
This represents an egregious attack on the foundations of the Universal Declaration of Human Rights and the commitment contained within it that "all human beings are born free and equal in dignity and rights".
Every time a person is pressured to sell an organ to another, or when a prisoner of conscience is executed and their organs harvested, this principle of universal human equality and dignity is transgressed.
Importantly, the clandestine nature of both harvesting and trafficking makes the trade in human organs difficult to quantify.
However, concerns about the occurrence and scale of organ trafficking are justified given the significant imbalance between the number of patients globally who are awaiting an organ transplant and the limited availability of consensual, legal organs for transplantation.
Several recent events have made the need for remedies to this international crime more urgent.
In September 2021, the Australian Government responded to the Compassion, Not Commerce: An inquiry into Human Org an Trafficking or Organ Transplant Tourism report, describing the issue of organ trafficking and related crimes as "a complex, evolving problem, encompassing many countries".
This evidence—procured from a variety of global bodies, governments, and NGOs—coincides with increasing reports and examples of organ trafficking and harvesting across the world, with concern the scale of the activity is more widespread that previously imagined.
Importantly, the Bill fulfils a number of recommendations of the Compassion, Not Commerce: An inquiry into Human Organ Trafficking or Organ Transplant Tourism report, including:
Of relevance here is recent evidence provided to the Joint Standing Committee on Foreign Affairs, Defence and Trade by the Australian Government in response to questions raised about the Government's position on revelations regarding organ harvesting in our region.
The Australian Government's evidence cited the June 2021 report of the 12 UN Special Procedures experts, which identified "credible evidence" that ethnic, linguistic or religious minorities may be subject to organ harvesting in our region.
In addition, Deakin University has reported that the number of people waiting for an organ transplant globally outweighs the number of organs available for ethical and legal transplantations. This deficit is estimated to have resulted in a black market of more than 10,000 unethical transplants a year, or more than one every hour.
Consistency with international efforts
The amendments contained in the Bill compliment efforts taken internationally to respond to the growing prevalence of organ trafficking.
In May 2021, the United Kingdom House of Lords amended the Human Tissue Act 2004 following passage of theOrgan Tourism and Cadavers on Display Bill [HL] and it awaits debate in the House of Commons.
The Bill prohibits citizens and residents of the United Kingdom from travelling internationally to receive material for a transplant that was obtained without the consent of a donor and a donor's next of kin.
The Organ Tourism and Cadavers on Display Bill [HL] is aimed at preventing the rising prevalence of organ tourism, characterised as the practice by which citizens of a country that has a rigorous legal framework preventing unethical transplant travel to countries with weaker legal frameworks to receive an illicitly purchased organ.
In December 2022, the Canadian Parliament amended the Criminal Code and theImmigration and Refugee Protection Act to create new offences in relation to trafficking in human organs and to provide that a permanent resident or foreign national is inadmissible to Canada if the appropriate Minister is of the opinion that they have engaged in certain activities relating to trafficking in human organs.
The penalty for breach of the Canadian organ trafficking offences is 14 years in prison.
I agree with this sentiment wholeheartedly. While there are limitations regarding the extent to which we, as Australians, can prevent human rights violations abroad, Australia maintains a responsibility to do everything within our Parliamentary mechanisms to uphold the inviolability of universal human dignity.
It is not enough to be a signatory to international conventions such as the Universal Declaration of Human Rights, or the Genocide Convention, without doing what we can to ensure the tenets of these conventions are upheld globally. This amendment is a step forward toward that eternal and noble goal.
Conclusion
The amendments contained in this Bill are designed to be a practical and least intrusive tool to support global efforts in combatting organ trafficking.
They should be seen as sensible and timely initiatives that add to the suite of other measures that have already been incorporated in the law and support other non-legislative measures being used by Australian authorities.
I commend this Bill to the Senate.
(1) That a select committee, to be known as the Select Committee on the Perth Mint and Commonwealth regulatory compliance, be established to inquire into and report on the corporate and regulatory compliance of Gold Corporation and its trading entity, the Perth Mint, with Commonwealth legislation, with particular reference to:
(a) current and historical compliance with Australian anti-money laundering regulatory requirements, specifically:
(i) the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 ,
(ii) the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1),
(iii) the Privacy Act 1988 ,
(iv) the National Measurement Act 1960 ,
(v) the National Trade Measurement Regulations 2009, and
(vi) any other associated Commonwealth laws and regulations or instruments;
(b) events that led to the Australian Transaction Reports and Analysis Centre ordering the appointment of an external auditor to Gold Corporation under subsection 162(2) of the Anti-Money Laundering and Counter-Terrorism Fin ancing Act 2006 ;
(c) events that led to the London Bullion Market Association initiating an
'Incident Review Process';
(d) matters concerning the corporate and statutory governance of Gold Corporation;
(e) the extent to which Australia's reputation as a precious metals producer, refiner and exporter may have been damaged by Gold Corporation's failure to comply with all necessary corporate and regulatory requirements; and
(f) any other related matters.
(2) That the committee present its final report by 13 December 2023.
(3) That the committee consist of 7 senators, as follows:
(a) three nominated by the Leader of the Opposition in the Senate;
(b) two nominated by the Leader of the Government in the Senate;
(c) one nominated by the Leader of the Australian Greens in the Senate; and
(d) one nominated by minority party or independent senators.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator;
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee; and
(c) a participating member shall be taken to be a member of a committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.
(5) That 3 members of the committee constitute a quorum of the committee.
(6) That the committee may proceed to the dispatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.
(7) That the committee elect as chair a member nominated by the Leader of the Opposition in the Senate and, as deputy chair, a member nominated by the Leader of the Australian Greens in the Senate.
(8) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(9) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(10) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(11) That the committee have power to appoint subcommittees consisting of 2 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(12) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(13) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.
(14) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
The Senate divided. [11:48]
(The President—Senator Lines)
That there be laid on the table by the Leader of the Government in the Senate, by no later than midday on 7 August 2023, for each question on notice from the 2022-23 supplementary Budget estimates that was unanswered, as at 1 April 2023:
(a) the date the responsible minister or their office first received a draft answer in relation to the question; and
(b) the date when the final answer was provided to the relevant legislation committee.
(1) That the Senate notes that:
(a) order for production of documents no. 200 agreed by the Senate on 27 March 2023, relating to the 22 March 2023 Jervis Bay incident involving an MRH-90 helicopter, has not been complied with; and
(b) the order included that information identifying personnel and information in relation to training techniques may be appropriately redacted.
(2) That there be laid on the table by the Minister representing the Minister for Defence, by no later than midday on 1 November 2023, all documents required by the order of 27 March 2023 and information in relation to tactics, techniques and procedures may be redacted.
That the Senate—
(a) notes that:
(i) order for the production of documents no. 253 relating to the National Disability Insurance Scheme Financial Sustainability Framework, made on 19 June 2023, has not been complied with, and
(ii) the Treasurer, in his response to the order, made a claim of public interest immunity on the basis that it would be detrimental to relations between the Commonwealth and the states and territories;
(b) rejects the public interest immunity claim made by the Treasurer, noting that the public interest in disclosing the document outweighs any potential prejudice to relations between the Commonwealth and the states and territories; and
(c) requires the Minister representing the Treasurer to comply with the order by no later than 4.30 pm on 22 June 2023.
The Senate divided. [11:57]
(The President—Senator Lines)
That there be laid on the table by the Minister for Agriculture, Fisheries and Forestry, by no later than 9.30 am on Thursday, 29 June 2023, any memorandums of understanding, protocols or other agreements between the Australian Government and the Kingdom of Saudi Arabia entered into between 1 January 2012 and 21 June 2023 which include reference to the trade in livestock by sea.
The Senate divided. [12:06]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) order for production of documents no. 247 agreed by the Senate on 15 June 2023, requiring the Minister representing the Attorney- General to table briefing notes, file notes and any written communication in relation to the resignation of the President of the Administrative Appeals Tribunal (AAT), and
(ii) the Minister representing the Attorney-General, in his response to the order, made a claim of public interest immunity on the basis that frankness of future communications between statutory office holders and ministers would be impacted by the disclosure;
(b) rejects the public interest immunity claim made by the Minister representing the Attorney-General, noting that frankness of future communications between statutory office holders and ministers is not an area for public interest immunity claims that is accepted by the Senate;
(c) requires the Minister representing the Attorney-General to comply with the order by no later than midday on 28 June 2023; and
(d) requires the Minister representing the Attorney-General to attend the chamber at the conclusion of formal business on Thursday, 22 June 2023 to provide an explanation of no more than 10 minutes concerning the resignation of the President of the AAT, the Honourable Fiona Meagher, and the knowledge of the Attorney-General, or his office, of the circumstances leading up to her resignation, and:
(i) any senator may move to take note of the explanation required by paragraph (d), and
(ii) any motion under paragraph (d)(i) may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
Paragraph (d), omit "on Thursday, 22 June 2023", substitute "on the next day of sitting".
That Senator Shoebridge replace Senator Steele-John on the Foreign Affairs, Defence and Trade Legislation Committee for the committee's inquiry into the performance of the Department of Defence, and that Senator Steele-John be appointed as a participating member.
Treasury Laws Amendment (2022 Measures No. 4) Bill 2022
Veterans' Affairs Legislation Amendment (Miscellaneous Measures) Bill 2023
That this bill be now read a third time.
Veterans' Affairs Legislation Amendment (Miscellaneous Measures No. 2) Bill 2023
That this bill be now read a third time.
Social Security (Administration) Amendment (Income Management Reform) Bill 2023
The Senate divided. [12:38]
(The President—Senator Lines)
The Senate divided. [12:49]
(The President—Senator Lines)
(1) Page 66 (after line 14), at the end of the Bill, add:
Schedule 3 — Obligations of Minister: reporting
Social Security (Administration) Act 1999
1 At the end of Part 7
Insert:
243B Tabling of report relating to effect of cessation of cashless welfare arrangements
(1) As soon as practicable after the end of each reporting period, the Minister must prepare a report on the social effect of the cessation of cashless welfare arrangements in each of the program areas.
(2) Without limiting subsection (1), the report must outline, in respect of each of the program areas, rates of, and trends in:
(a) violent crimes reported to police;
(b) presentations to hospital emergency departments, as follows:
(i) overall presentations;
(ii) drug or alcohol-related presentations;
(c) ambulance call-outs, as follows;
(i) overall call-outs;
(ii) drug or alcohol-related call-outs;
(d) reportable incidents of domestic violence;
(e) referrals from Services Australia to:
(i) social workers; and
(ii) alcohol counselling services; and
(iii) domestic violence counselling services; and
(iv) gambling counselling services.
Note: Examples of violent crime include, but are not limited to, the offence categories of homicide, assault, sexual assault and robbery (both armed and unarmed).
(3) The Minister must cause a copy of the report to be:
(a) published on the Department's website as soon as practicable after the completion of the report; and
(b) tabled in each House of the Parliament within 15 sitting days of that House after the report is published under paragraph (a).
(4) In this section:
cashless welfare arrangements has the same meaning as set out in Part 3D of theSocial Security (Administration) Act 1999 as in force immediately before the day on which Part 2 of Schedule 1 to theSocial Security (Administration) Amendment (Repeal of Cashless Debit Card and Other Measures) Act 202 2 commenced.
program area has the same meaning as set out in section 124PD of theSocial Security (Administration) Act 1999 as in force immediately before the day on which Part 2 of Schedule 1 to theSocial Security (Administration) Amendment (Repeal of Ca shless Debit Card and Other Measures) Act 2022 commenced.
reporting period means the following:
(a) the period of 6 months beginning on the day this section commences;
(b) each subsequent 6-month period ending 3 years after this section commences.
The committee divided. [13:01]
(The Chair—Senator McLachlan)
(1) Page 66 (after line 14), at the end of the Bill, add:
Schedule 3 — Sunsetting of compulsory enhanced income management and compulsory income management
Social Security (Administration) Act 1999
1 After section 123SW
Insert:
123SX Sunsetting of compulsory enhanced income management
(1) The following provisions cease to be in force at the start of 24 March 2025:
(a) Subdivisions A to F and H of Division 2 of this Part;
(b) Subdivisions A to B of Division 3 of this Part.
(2) At any time before 24 March 2026, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the provisions mentioned in subsection (1) ceasing to be in force.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of the Act.
2 After section 123ZO
Insert:
123ZP Sunsetting of compulsory income management
(1) The following provisions cease to be in force at the start of 24 March 2025:
(a) sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA;
(b) Subdivisions BA, BB and C of Division 2 of this Part;
(c) Subdivisions B to DAA of Division 5 of this Part.
(2) At any time before 24 March 2025, the Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the provisions mentioned in subsection (1) 6ceasing to be in force.
(3) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of the Act.
Our fundamental principle on the basics card and the cashless debit card, it should be on a voluntary basis.
Labor's fundamental position is that we do not believe in mandatory income management.
The committee divided. [13:13]
(The Temporary Chair—Senator Fawcett)
(2) Page 66 (after line 14), at the end of the Bill, add:
Schedule 4 — Obligations of Minister
Social Security (Administration) Act 1999
1 After section 123SV
Insert:
123SVA Periodic estimates of cost of enhanced income management regime
(1) As soon as practicable after the end of each reporting period, the Minister must prepare a written estimate of the full cost to the Commonwealth (as at the end of the period) of the operation of the enhanced income management regime established by this Part.
(2) The Minister must cause the estimate for a reporting period to be:
(a) published on the Department's website as soon as practicable after it is prepared; and
(b) tabled in each House of the Parliament within 7 sitting days of that House after the estimate is published under paragraph (a).
(3) In this section:
reporting period means the following:
(a) the period of 6 months beginning on the day this section commences;
(b) the period of 12 months beginning on the day after the end of the period mentioned in paragraph (a);
(c) each subsequent 12-month period.
(3) Page 66 (after line 14), at the end of the Bill, add:
Schedule 5 — Review by Parliamentary Joint Committee on Hum an Rights
Social Security (Administration) Act 1999
1 After section 243
Insert:
243AA Review by Parliamentary Joint Committee on Human Rights
(1) The Parliamentary Joint Committee on Human Rights must conduct reviews under this section and report the Committee's findings of each review to both Houses of the Parliament.
Requirements for review
(2) A review under this section must examine Part 3AA and Part 3B, so far as they relate to compulsory enhanced income management or compulsory income management, for compatibility with human rights.
First review
(3) The first review under this section must be completed within 12 months after this section commences.
Subsequent reviews
(4) Each subsequent review under this section must be completed within 3 years after the completion of the previous review.
When review is completed
(5) For the purposes of this section, a review is completed when the Committee's findings of the review have been tabled in both Houses of the Parliament.
(6) In this section:
compulsory enhanced income management means the enhanced income management regime set out in Subdivisions A to F and H of Division 2, and Subdivisions A to B of Division 3, of Part 3AA.
compulsory income management means the income management regime set out in sections 123UC, 123UCA, 123UCB, 123UCC, 123UD, 123UE, 123UF and 123UFAA, and Subdivisions BA, BB and C of Division 2, and Subdivisions B to DAA of Division 5, of Part 3B.
human rights has the same meaning as in theHuman Rights (Parliamentary Sc rutiny) Act 2011 .
(4) Page 66 (after line 14), at the end of the Bill, add:
Schedule 6 — Review by Senate Committee
Social Security (Administration) Act 1999
1 At the end of Part 7
Add:
243B Review by Senate Committee
The Senate Community Affairs References Committee, or such other committee constituted under a resolution of the Senate, must:
(a) begin a review of each legislative instrument made by the Minister for the purposes of Part 3AA or Part 3B within 3 months after the day the instrument is tabled in the Senate; and
(b) report the Committee's findings to the Senate as soon as practicable after completing each review.
(5) Page 66 (after line 14), at the end of the Bill, add:
Schedule 7 — Exiting compulsory enhanced income management and compulsory income management
Social Security (Administration) Act 1999
1 After section 123SH
Insert:
Subdivision GA — When persons not subject to the enhanced income management regime
123SHA Person's mental, physical or emotional wellbeing at risk
(1) A person, other than a person in relation to whom a voluntary enhanced income management agreement is in force, may apply to the Secretary for a determination that the person no longer be subject to the enhanced income management regime under this Part.
(2) The application must:
(a) be made in writing using a form approved by the Secretary; and
(b) be accompanied by the documents and other information required by the form.
(3) The Secretary must determine that a person is no longer subject to the enhanced income management regime under this Part if the Secretary is satisfied that being subject to the regime would pose a risk to the person's mental, physical or emotional wellbeing.
(4) A determination under subsection (3) has effect accordingly.
(5) A determination under subsection (3) is not a legislative instrument.
2 In the appropriate position in Division 2 of Part 3B
Insert:
Subdivision DA — When persons not subject to the income management regime
123UOA Person's mental, physical or emotional wellbeing at risk
(1) A person, other than a person in relation to whom a voluntary income management agreement is in force, may apply to the Secretary for a determination that the person no longer be subject to the income management regime under this Part.
(2) The application must:
(a) be made in writing using a form approved by the Secretary; and
(b) be accompanied by the documents and other information required by the form.
(3) The Secretary must determine that a person is no longer subject to the income management regime under this Part if the Secretary is satisfied that being subject to the regime would pose a risk to the person's mental, physical or emotional wellbeing.
(4) A determination under subsection (3) has effect accordingly.
(5) A determination under subsection (3) is not a legislative instrument.
That this bill be now read a third time.
The Senate divided. [13:27]
(The Acting Deputy President—Senator Fawcett)
The biggest government policy force driving inflation is arguably Burke, who pressed Fair Work to lift wages sharply and raise expectations—exactly what Lowe did not want to happen. Burke's industrial relations legislation lowers productivity.
What does "relating to" mean? … The proposed subsection does not make any reference to "core" matters. The words "in relation to" are words of the broadest possible import. Again, in the end, the High Court will decide what matters relate to Aboriginal and Torres Strait Islander Peoples. It should be carefully noted that the proposed amendment is unqualified; it does not say core matters, or matters wholly, predominately, substantially, partially, exclusively, essentially, basically, largely, entirely, currently, broadly, especially, or even beneficially related to Aboriginal and Torres Strait Islander People. Everything is at large.
23. The matters may relate to Aboriginal peoples or Torres Strait Islander peoples, or both.
24. The phrase 'matters relating to Aboriginal and Torres Strait Islander peoples' would include …
A PwC spokesman said the firm thanked the Senate "for its important work".
"We acknowledge today's interim report. We will carefully consider its contents and await the government's response."
… take all reasonable steps to ensure that they do not mislead the public or the Parliament.
At Senate estimates on 4 June 2021, the then Minister for Defence, Senator Reynolds, said:
'I know where this started.'
She went on to say:
'I was told by one of your senators two weeks before about what you were intending to do with the story in my office. Two weeks before.'
I was shocked at the assertion made by Senator Reynolds, with the clear implication that I was responsible for or had some involvement with making that story public. That was not true. It was never true. I responded to that allegation by saying:
'No-one had any knowledge.'
I explained that to Senator Reynolds in a wideranging private meeting that night, where several matters were discussed. I informed Senator Reynolds that I'd been given a heads-up about the allegations in the days before they became public, an explanation she accepted at the time, some two years ago. In fact, Senator Reynolds even said so on the record in Senate estimates that same night:
'I would like to say, in relation to the matters raised before the dinner break, Senators Wong, Gallagher and I had a very respectful discussion during the dinner break, and they've assured me they were not involved in that matter becoming public. I accept their assurance.'
I repeat, she said:
'… they've assured me they were not involved in that matter becoming public. I accept their assurance.'
This proves that Senator Reynolds knew that the context of our exchange that evening was around whether I was involved in that matter becoming public—and I was not. Senator Reynolds and Senator Ruston—
have known that for two years and have never since raised a concern about that with me.
Ministers are required to provide an honest and comprehensive account of their exercise of public office … in response to any reasonable and bona fide enquiry by a member of the Parliament …
That the Senate—
(a) notes:
(i) that the Albanese Government promised before the last election, and on numerous occasions since, that it would display a new era of integrity and transparency, and
(ii) ministerial accountability to this Chamber is a cornerstone of our Parliamentary process and an essential responsibility of all Ministers of the Crown; and
(b) censures the Minister for Finance for:
(i) stating at Senate Estimates on 4 June 2021 that "no one had any knowledge" of an alleged sexual assault in Parliament House before those allegations became public on 15 February 2021.
(ii) subsequently telling the Senate on 13 June 2023 that "I was provided with information in the days before the allegations were first reported."
(iii) continually refusing to acknowledge this blatant and wilful act of misleading the Senate.
(iv) failing to take responsibility for misleading the Senate by appropriately apologising and correcting the record.
That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely, a motion to give precedence to a motion of censure of the Minister for Finance, Senator Gallagher.
I was provided with information in the days before the allegations were first reported …
That the motion be now put.
The Senate divided. [15:14]
(The President—Senator Lines)
The Senate divided. [15:17]
(The President—Senator Lines)
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to provide that a motion relating to the consideration of general business notice of motion No. 266 may be moved immediately.
I can tell you what the Voice will not be giving advice on. It won't be giving advice on parking tickets. It won't be giving advice on changing Australia Day.
The Voice will have the capacity to decide for itself what matters it makes representations on …
That the question be now put.
The Senate divided. [15:29]
(The Deputy President—Senator McLachlan)
Appropriation Bill (No. 1) 2023-2024
Appropriation Bill (No. 2) 2023-2024
Appropriation (Parliamentary Departments) Bill (No. 1) 2023-2024
Australian Security Intelligence Organisation Amendment Bill 2023
Customs Tariff Amendment (Incorporation of Proposals) Bill 2023
Defence Legislation Amendment (Naval Nuclear Propulsion) Bill 2023
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) in his second reading speech, Deputy Prime Minister and Minister for Defence, Richard Marles MP, stated this bill would allow Australia to take 'the first legislative step in support of Australia's acquisition of conventionally armed nuclear-powered submarines',
(ii) there are significant environmental, health, security and social risks associated with every facet of the nuclear industry and these risks disproportionately impact First Nations peoples and their lands,
(iii) nuclear weapons, nuclear accidents or attacks on reactors all pose unacceptable risks of catastrophic consequences for humans and the environment,
(iv) the inquiry into this bill was pushed through the Senate without adequate time for proper consultation, scrutiny and transparency, and no public hearings, and
(v) AUKUS undermines Australia's sovereignty and under AUKUS, Australia would be the only non-nuclear weapons State to have nuclear powered submarines; and
(b) agrees that this bill is the first step in the largest nuclear program in Australian history, which is strongly opposed by millions of Australians, the peace and environment movements and a broad range of unions, including the Electrical Trades Union and the Australian Manufacturing Workers' Union, a former Labor Prime Minister, a former Labor Foreign Minister, the Queensland Labor State Conference as well as former senior military officials".
Excise Tariff Amendment (Product Stewardship for Oil) Bill 2023
Customs Tariff Amendment (Product Stewardship for Oil) Bill 2023
At the end of the motion, add ", but the Senate:
(a) is of the opinion that:
(i) building a circular economy is a critical factor in tackling climate change,
(ii) voluntary measures and incentives have had limited success in promoting a circular economy, and
(iii) incentives for oil product stewardship will achieve 65% as the maximum feasible collection rate; and
(b) calls on the Government to:
(i) support mandatory design standards and national targets for product stewardship schemes; and
(ii) provide clarity on how the amendments to these bills and related legislation that impact product stewardship schemes, inform and support a circular economy trajectory".
Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023
1) Page 3 (after line 8), after clause 3, insert:
4 Review of operation of unpaid parental leave amendments
(1) The Minister must cause a review to be conducted of the operation of the amendments made by Schedule 2 to this Act.
(2) Without limiting the matters that may be considered when conducting the review, the review must:
(a) consider whether the operation of the amendments made by Schedule 2 is appropriate and effective; and
(b) identify any unintended consequences of the amendments made by Schedule 2; and
(c) consider whether amendments to the Fair Work Act 2009 , or any other legislation, are necessary to:
(i) improve the operation of the amendments made by Schedule 2; or
(ii) rectify any unintended consequences identified under paragraph (b).
(3) The review must start as soon as practicable after the end of the period of 6 months after the commencement of Schedule 2.
(4) The persons who conduct the review must give the Minister a written report of the review within 3 months of the commencement of the review.
(5) The Minister must cause a copy of the report of the review to be tabled in each House of the Parliament within 15 sitting days of that House after the Minister receives the report.
(1) Schedule 2, item 49, page 11 (lines 11 to 13), omit the item, substitute:
49 Subsection 74(3C)
Repeal the subsection, substitute:
(3C) If any of the leave covered by the notice is to be taken under section 72A, the notice must specify:
(a) the total number of days ( flexible days ) of flexible unpaid parental leave that the employee intends to take in relation to the child; and
(b) the intended start and end dates of the leave, or each period of the leave.
(2) Schedule 2, item 51, page 11 (lines 18 and 19), omit the item, substitute:
51 Subsection 74(4) (heading)
Omit " 72 ", substitute "72A ".
(3) Schedule 2, items 53 to 56, page 11 (line 23) to page 12 (line 8), omit the items, substitute:
53 Subsection 74(4)
Omit "72", substitute "72A".
54 At the end of subsection 74(4)
Add:
Note: Whether or not it is practicable for the employee to advise the employer of any changes to the intended start and end dates of the leave will depend on the employee's personal and family circumstances. For example, it may not be practicable for the employee to advise the employer of any changes to the intended start and end dates of the leave where the employee experiences a health issue, a pregnancy complication or an unexpected change in the employee's child care arrangements.
55 Subsections 74(4A) to (4C)
Repeal the subsections.
(4) Schedule 8, item 1, page 32 (line 7), omit "or (4B)".
(1) Schedule 3, item 2, page 19 (after line 19), at the end of Division 10A, add:
116F Pecuniary penalty orders
A court must not make a pecuniary penalty order against an employer for a contravention of a civil penalty provision that relates to a contravention of this Division if the conduct constituting the contravention was in accordance with binding advice given by or on behalf of the Commissioner of Taxation.
(2) Schedule 3, Part 1, page 19 (after line 19), at the end of the Part, add:
2A Subsection 546(1) (before the note)
Insert:
Note 1: Pecuniary penalty orders cannot be made in relation to certain conduct that contravenes Division 10A of Part 2-2 (see section 116F).
2B Subsection 546(1) (note)
Omit "Note:", substitute "Note 2:".
(1) Schedule 3, Part 2, page 20 (after line 21), at the end of the Part, add:
5 After subsection 739(2)
Insert:
(2A) The FWC must not deal with a dispute to the extent that the dispute is about the operation of a Commonwealth Act or instrument relating to superannuation.
(1) Schedule 5, page 22 (after line 25), at the end of the Schedule, add:
4 At the end of section 324
Add:
(4) If the deductions are for amounts as varied from time to time, any variation that increases the amount of one or more of the deductions must be authorised in writing by the employee.
(1) Schedule 6, item 9, page 26 (line 28), omit "and bonuses", substitute ", bonuses and casual loading but excluding any other monetary allowance, loading or other separately identifiable amount".
(2) Schedule 6, item 13, page 27 (line 26), omit "and bonuses", substitute ", bonuses and casual loading but excluding any other monetary allowance, loading or other separately identifiable amount".
(1) Schedule 3, Part 1, page 19 (after line 19), at the end of the Part, add:
Taxation Administration Act 1953
2C Subsection 255-5(2) in Schedule 1
Omit "The Commissioner", substitute "Subject to section 255-6, the Commissioner".
2D At the end of Subdivision 255-A in Schedule 1
Add:
255-6 Commencing certain proceedings relating to superannuation guarantee charge
Proceedings cannot be commenced under subsection 255-5(2) to recover an amount of a *tax-related liability of yours that is superannuation guarantee charge payable under the Superannuation Guarantee ( Administration) Act 1992 if:
(a) a person has applied for an order under Division 2 of Part 4-1 of the Fair Work Act 2009 in relation to a contravention, or alleged contravention, by you of a civil remedy provision within the meaning of that Act that relates to a contravention of Division 10A of Part 2-2 of that Act; and
(b) your *superannuation guarantee shortfall in respect of which the superannuation guarantee charge is imposed includes an *individual superannuation guarantee shortfall for an employee to whom the contravention, or alleged contravention, wholly or partly relates; and
(c) the proceedings for the order have not been finally disposed of or discontinued.
The Senate divided. [15:44]
(The President—Senator Lines)
(3) Schedule 6, page 23 (line 1) to page 28 (line 33), to be opposed.
(1) Title, page 1 (lines 2 and 3), omit "and the law relating to long service leave in the coal mining industry".
(2) Clause 2, page 2 (table item 8), omit the table item.
Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2023
National Vocational Education and Training Regulator (Data Streamlining) Amendment Bill 2023
The Senate divided. [15:56]
(The President—Senator Lines)
Northern Australia Infrastructure Facility Amendment (Miscellaneous Measures) Bill 2023
(1) Schedule 1, page 4 (after line 3), after item 6, insert:
6A At the end of Part 2
Add:
8A Prohibited financial assistance
(1) Financial assistance must not be provided under this Act if it would:
(a) directly finance the extraction of coal or natural gas; or
(b) directly finance the construction of pipeline infrastructure primarily for the extraction of natural gas; or
(c) directly finance the logging of native forests.
(2) In this section:
native forest does not include a plantation.
plantation means an intensively managed stand of trees that is created by the regular placement of seedlings or seed.
The Senate divided. [16:01]
(The President—Senator Lines)
Special Recreational Vessels Amendment Bill 2023
At the end of the motion, add ", but the Senate calls on the Government to:
(a) pursue reform to ensure that special recreational vehicles (SRVs, otherwise known as 'superyachts') are required to pay adequate additional tax for mooring in Australian waters; and
(b) ensure that economic benefits from SRVs are shared with the broader community, including First Nations groups, whose sovereign lands and waters the 'superyachts' benefit from accessing".
Treasury Laws Amendment (Financial Services Compensation Scheme of Last Resort) Bill 2023
Financial Services Compensation Scheme of Last Resort Levy Bill 2023
Financial Services Compensation Scheme of Last Resort Levy (Collection) Bill 2023
At the end of the motion, add ", but the Senate:
(a) calls on the Assistant Treasurer, Mr Stephen Jones, to honour his commitment given to victims of the Sterling First financial fraud that managed investment funds would be included in this bill; and
(b) notes the failure of this Government to include provision in this bill for historical cases of banking fraud, including those for which evidence was taken during the Senate Select Committee on Lending to Primary Production Customers and the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry".
That senators be discharged from and appointed to committees as follows:
Legal and Constitutional Affairs Legislation Committee —
Appointed—
Substitute member: Senator McKim to replace Senator Shoebridge for the committee's inquiry into the provisions of the Migration Amendment (Strengthening Employer Compliance) Bill 2023
Participating member: Senator Shoebridge
Perth Mint — Select Committee —
Appointed—
Senators Brockman, Cox, Payman, Reynolds, Dean Smith and Sterle
Participating members: Senators Allman-Payne, Antic, Askew, Bilyk, Birmingham, Bragg, Cadell, Canavan, Cash, Chandler, Ciccone, Colbeck, Davey, Dodson, Duniam, Faruqi, Fawcett, Green, Grogan, Hanson, Hanson-Young, Henderson, Hughes, Hume, Kovacic, Liddle, McDonald, McGrath, McKenzie, McKim, McLachlan, Nampijinpa Price, O'Neill, O'Sullivan, Paterson, Payne, Barbara Pocock, Polley, Pratt, Rennick, Rice, Roberts, Ruston, Scarr, Sheldon, Shoebridge, Marielle Smith, Steele-John, Stewart, Urquhart, Walsh, Waters, Whish-Wilson and White
That—
(a) the Senate, at its rising, adjourn till Monday, 31 July 2023, at 11 am, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator; and
(b) leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.