The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022
The committee divided. [12:07]
(The Chair—Senator McLachlan)
That this bill be now read a third time.
Financial Accountability Regime Bill 2023
Financial Accountability Regime (Consequential Amendments) Bill 2023
The committee divided. [12:16]
(The Chair—Senator McLachlan)
That these bills be now read a third time.
Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022
… provide that the head or deputy head of an agency within the IGIS's jurisdiction is not to be appointed as the Inspector-General immediately following their service in an intelligence agency.
3.11 The Committee recommends that the Australian Government consider amendments to the Inspector-General of Intelligence and Security Act 1979 and the Intelligence Services Act 2001 to provide for greater information sharing between the Inspector-General of Intelligence and Security and the Parliamentary Joint Committee on Intelligence and Security.
3.12 The Committee recommends that the Government report to the Committee within twelve months of the presentation of this report on the outcomes of such consideration.
3.15 The Committee recommends that Item 86 of Schedule 1 of the Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022 be amended to align the provisions relating to abrogation of legal professional privilege with equivalent provisions in the legislation governing other integrity agencies.
The Committee recommends that the Office of National Intelligence develop an employment framework governing staff members that may be engaged under subsection 33(1)(b) of the Office of National Intelligence Act 2018.
The Office of National Intelligence should report to the Committee in 12 months on progress towards implementing this recommendation.
The Committee recommends that the Australian Government consider amendments to the Inspector-General of Intelligence and Security and Other Legislation Amendment (Modernisation) Bill 2022 to prescribe that a person would be ineligible for appointment to the role of Inspector-General for an appropriate period of time to be determined by the Government, following employment in an intelligence agency.
The Committee recommends that, following implementation of the recommendations in this report, the Bill be passed by the Parliament.
A model for a more transparent mechanism for the appointment of the Inspector-General is provided by the recently enacted process for the nomination of National Anti-Corruption Commissioners (NACCs).
NACCs are appointed by the Governor-General on the basis of a ministerial recommendation that has either been approved by, or deemed to have been approved by, the Parliamentary Joint Committee on the National Anti-Corruption Commission.
In the Law Council's view, accountability for, and transparency of, the Inspector-General's appointment would be enhanced if the Joint Committee were to be required to approve nominees for the office.
Consideration should be given to Inspectors-General being appointed by the Governor-General based on ministerial recommendations that have been approved by the Joint Committee.
The Committee may be aware of our push to amend the definition of a terrorist act, to remove the reference to religious cause. Consistent with that amendment, we—
seek for ISIS, and al-Qaida to be categorised as ideologically motivated terrorism.
We hope to guide the Committee on steps the Australian Government can take to strengthen inclusiveness.
We note that the existing section 8 of the IGIS Act 1986 … empowers the Inspector General to inquire into
An act or practice of ASIO that is or may be inconsistent with or contrary to any human right, that constitutes or may constitute discrimination, or that is or may be unlawful under the Age Discrimination Act 2004, the Disability Discrimination Act 1992, the Racial Discrimination Act 1975 or the Sex Discrimination Act 1984, being an act or practice referred to the Inspector-General by the Australian Human Rights Commission.
As you may be aware, the Inspector-General's statutory role is to review the conduct of Australian intelligence agencies to ensure that they act legally and properly, and consistently with human rights where an act or practice is referred to the Inspector-General by the Australian Human Rights Commission.
In this case, I can confirm that the Acting Inspector-General has carefully considered the matters you raised that are within the Inspector-General's jurisdiction; and after examining a range of materials relating to your complaint, the Acting Inspector-General did not find errors of legality or propriety in relation to the actions of either the Director-General of Security or ASIO.
Recommendation 1: We would welcome clarification in the Act that IGIS will consider breaches of human rights and discrimination law in a complaint, regardless of whether the AHRC has referred the complaint to them.
We request the Attorney Generals' Department …
(1) Schedule 1, page 5 (after line 26), after item 8, insert:
8A At the end of subsection 6(3)
Add "and the Australian Human Rights Commissioner".
(2) Schedule 1, item 9, page 6 (lines 1 to 4), omit subsection 6(3A), substitute:
Limitations on appointment of Inspector-General
(3A) A person must not be appointed as Inspector-General if the person is, or the person's most recent position was:
(a) the head or a deputy head (however described) of an intelligence agency; or
(b) the Chief of the Defence Force; or
(c) a Minister; or
(d) a member of the House of Representatives or a Senator; or
(e) the head of a Commonwealth agency not mentioned in any of the preceding paragraphs.
(3B) A person must not be appointed as Inspector-General unless the person has appropriate qualifications, knowledge, skills or experience to perform the role.
(3) Schedule 1, page 18 (after line 15), after item 91, insert:
91A At the end of section 18
Add:
Requirement to consider certain matters before requiring information, documents or attendance to answer questions
(10) Before requiring a person to give information or produce documents under subsection (1), or to attend before the Inspector-General to answer questions under subsection (3), in relation to a matter under inquiry, the Inspector-General must consider whether the requirement is reasonable, proportionate and necessary having regard to the following:
(a) the nature and gravity of the matter under inquiry;
(b) the likely substance and importance of the information, documents or answers in relation to the matter under inquiry;
(c) the likely weight that would be attributed to the information, documents or answers in relation to the matter under inquiry;
(d) whether any other information, documents or answers are available to the Inspector-General from any other source in relation to the matter under inquiry.
(4) Schedule 1, page 22 (after line 19), after item 118, insert:
118A At the end of section 26
Add:
Limitation on certain paid work after holding office as Inspector-General
(5) A person who ceases on or after the commencement of this subsection to hold office as Inspector-General must not, during the period of 5 years starting on the day after the day the person so ceases, engage in paid work (other than paid work for, or on behalf of, the Commonwealth or as an officer of the Commonwealth) in relation to:
(a) the production of weapons; or
(b) the exploration or extraction of fossil fuels; or
(c) national security.
(6) To avoid doubt, subsection (5) does not apply in relation to ceasing to act as the Inspector-General.
(5) Schedule 1, item 131, page 26 (line 24), after "Commonwealth", insert ", or law of a State or Territory,".
(6) Schedule 3, item 1, page 51 (line 3), after " 1986 ", insert "(other than the amendment to insert subsection 18(10) of that Act)".
(7) Schedule 3, item 1, page 51 (after line 7), after subitem (4), insert:
(4A) Subsection 18(10) of the Inspector-General of Intelligence and Security Act 1986 , as inserted by Schedule 1, applies in relation to a notice given by the Inspector-General on or after the commencement of that Schedule under subsection 18(1) or (3) of that Act.
(1) Schedule 1, item 128, page 24 (after line 5), after subsection 32AAA(1), insert:
(1A) However, subsection (1) only applies if it is not reasonably practicable for persons who:
(a) have suitable qualifications and experience; and
(b) are engaged under the Public Service Act 1999 ;
to assist in the performance of the Inspector-General's functions.
(2) Schedule 1, item 128, page 24 (after line 12), after subsection 32AAB(1), insert:
(1A) However, subsection (1) only applies if it is not reasonably practicable for persons who:
(a) have suitable qualifications and experience; and
(b) are engaged under the Public Service Act 1999 ;
to assist in the performance of the Inspector-General's functions.
…the disruption on the Lachin Corridor has impeded the transfer of persons of Armenian national or ethnic origin hospitalized in Nagorno-Karabakh to medical facilities in Armenia for urgent medical care. The evidence also indicates that there have been hindrances to the importation into Nagorno-Karabakh of essential goods, causing shortages of food, medicine and other life-saving medical supplies.
"At the moment we are particularly disadvantaged by the lack of competition in our domestic aviation market, and the protections that Qantas enjoy as our so-called national carrier …
"Qatar Airways kept running during COVID, bringing home Western Australians and keeping our freight moving …
"My government has been clear that we want more routes connecting Perth, and the cultural and economic benefits those flights bring."
… you can't have an airline coming in from overseas and just undercutting to the point where Australian jobs are at risk and Australian airlines are placed at a disadvantage.
We can't have an airline with very deep pockets undercut, undercut, undercut and … people go to them as opposed to an airline that may—
For politicians to go out and propose something … alternate to what Indigenous people asked for … speaks to our disempowerment as Indigenous people …
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today.
The only loophole this bad legislation is looking to close is that of plummeting union membership.
The Albanese Government's latest industrial relations legislation changes are some of the most extreme, interventionist workplace changes that have ever been proposed in Australia.
The changes will inflict immense harm to the economy, the weight of which will fall on the shoulders of the most vulnerable Australians who will pay more for groceries, housing, and energy.
The issues of confusion and complexity remain, combined with an increased requirement of every business, small or large, to dedicate—
resources, time and money towards trying to understand—
At a time when small businesses are managing increased costs of supply, of rent, of power, of wages …
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 coal mine approvals.
Climate change is one of the most significant challenges facing the global community and one of the greatest threats to Australia's way of life.
These are profound risks which demand urgent action. It is important that a suite of measures is adopted by the Australian government to tackle climate change. These measures should include…establishing a climate change trigger in federal environmental legislation.
That the following general business orders of the day be considered this week at the time for private senators' bills:
No. 40—Digital Assets (Market Regulation) Bill 2023—on Wednesday, 6 September 2023; and
No. 41—Ending Poverty in Australia (Antipoverty Commission) Bill 2023—on Thursday, 7 September 2023.
That consideration of the business before the Senate on Tuesday, 5 September 2023, be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senator Kovacic to make her first speech (of approximately 20 minutes) without any question before the chair.
That there be laid on the table by the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, by no later than 5.30 pm on Wednesday, 13 September 2023, copies of all documents provided to the Minister for Infrastructure, Transport, Regional Development and Local Government which either:
(a) are related to the application by Qatar Airways for additional international flight services to Australian airports; or
(b) helped inform the Minister's decision regarding the application by Qatar Airways for additional international flight services to Australian airports.
That there be laid on the table by the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government, by no later than 5 pm on 14 September 2023:
(a) all briefing materials and/or advice provided by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to the Minister or her office associated with the decision on whether to grant Qatar Airways additional bilateral air rights in July 2023; and
(b) all minutes, file notes, briefing notes or other documents relating to meetings between Qantas Airways Limited representatives and the Minister or the Prime Minister, or their respective offices, associated with the decision on whether to grant Qatar Airways additional bilateral air rights in July 2023.
GENERAL BUSINESS NOTICE OF MOTION NO. 300
That there be laid on the table by the Minister representing the Prime Minister, by no later than 5.30 pm on Monday, 11 September 2023, copies of all advice, briefings or submissions provided by the Department of the Prime Minister and Cabinet to the Prime Minister related to the application by Qatar Airways for additional international flight services to major Australian airports.
GENERAL BUSINESS NOTICE OF MOTION NO. 301
That there be laid on the table by the Minister representing the Treasurer, by no later than 5.30 pm on Monday, 11 September 2023, copies of all advice, briefings or submissions provided by the Treasury to either the Treasurer (Dr Chalmers) or the Assistant Treasurer (Mr Jones) related to the application by Qatar Airways for additional international flight services to major Australian airports.
GENERAL BUSINESS NOTICE OF MOTION NO. 302
That there be laid on the table by the Minister for Trade and Tourism, by no later than 5.30 pm on Monday, 11 September 2023, copies of all advice, briefings or submissions provided by the Department of Foreign Affairs and Trade to the Minister for Trade and Tourism related to the application by Qatar Airways for additional international flight services to major Australian airports.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Monday, 11 September 2023, any ministerial briefing notes, emails or correspondence since 1 February 2023, in relation to monitoring and reporting of the domestic airline industry, between the Australian Competition and Consumer Commission and:
(a) the Department of the Treasury,
(b) the Treasurer and/or the Treasurer's office, or
(c) the Assistant Minister for Competition, Charities and Treasury, and/or the Assistant Minister's office.
That—
(a) the Senate notes that during question time on Monday, 4 September 2023, Senator Wong stated that in November 2022 the Government was provided with security advice recommending that new Special Purpose Aircraft (SPA) Guidelines were required and that new SPA reports be presented in a manner consistent with the revised security guidelines; and
(b) the Senate orders the Minister representing the Minister for Defence (Senator Wong), to provide to the Parliamentary Joint Committee on Intelligence and Security, on a confidential basis, by Thursday, 7 September 2023, a copy of the revised SPA Guidelines and any related advice that informed the change to the SPA Guidelines.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 28 February 2024:
The Middle Arm Industrial Precinct, with particular reference to:
(a) the development of Darwin's Middle Arm Industrial Precinct, the role and funding intentions of the Northern Territory and Commonwealth governments;
(b) the likely and intended future uses of the site as well as the industries and supply chains that would benefit from those plans;
(c) any climate, environmental, health or cultural heritage impacts as a result of developing the harbour and the industries seeking to establish themselves at Middle Arm;
(d) the conduct, process and implications of the proposed strategic environmental assessment for Middle Arm;
(e) engagement and advocacy by industries and their representatives throughout the Middle Arm proposal, including with First Nations groups and communities and adherence to the principles of free, prior and informed consent; and
(f) any other related matters.
The Senate divided. [15:49]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) on 1 August 2023, the Senate ordered that there be laid on the table by the Minister representing the Treasurer, by no later than midday on Thursday, 10 August 2023, the final report of a Treasury assurance review into the conduct of the Australian Securities and Investments Commission (ASIC) Chair, Mr Joseph Longo (which was sent to ASIC Deputy Chair, Ms Sarah Court, by Mr Simon Writer, First Assistant Secretary, Foreign Investment Division, Department of the Treasury on 26 September 2022),
(ii) on 10 August 2023, only a heavily redacted copy of the report was presented to the Senate in response to the order,
(iii) the Treasurer, in his response, made a claim of public interest immunity (PII) which asserted that the redacted sections of the report should not be released due to the potential impact on the privacy of individuals, on individuals who contributed to the review on a confidential basis, and on the integrity of fact-finding investigations,
(iv) these matters are not in themselves grounds for a PII claim, and insufficient information was provided about the harm to the public interest that would be caused, and
(v) given the concern regarding the release of some of the information in the report, the Economics References Committee is well-placed to receive the unredacted report and make any assessment required, including in relation to publication;
(b) orders ASIC to provide the unredacted report to the Economics References Committee by no later than midday on 7 September 2023; and
(c) directs the committee to report to the Senate by Monday, 11 September 2023 as to whether ASIC has complied with the order.
The Senate divided. [15:57]
(The President—Senator Lines)
That the Senate—
(a) notes that:
(i) on 11 May 2023, the Senate ordered the Minister representing the Minister for the National Disability Insurance Scheme to table the NDIS Financial Sustainability Framework (order 229), and the Government's response advised that while National Cabinet had agreed to develop a framework, the document did not yet exist,
(ii) on 19 June 2023, the Senate again ordered that the NDIS Financial Sustainability Framework be tabled, by the Minister Representing the Treasurer (order 253), and the Government's response advised that on 28 April 2023 National Cabinet committed to the framework, and made a public interest immunity (PII) claim over the document prepared for that meeting, asserting that its release would be detrimental to relations between the Commonwealth and the states and territories,
(iii) on 22 June 2023, the Senate rejected the PII claim and ordered the Minister representing the Treasurer to comply with the order, and in response the Government again refused to comply, maintaining its PII claim, and
(iv) on 28 August 2023, an Australian media outlet confirmed that their freedom of information request for financial information related to the NDIS Financial Sustainability Framework was rejected by the Department of Social Services, the Treasury and the Department of the Prime Minister and Cabinet;
(b) reiterates its rejection of the PII claim made by the Minister representing 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) orders that the Minister representing the Treasurer attend the Senate following the conclusion of motions to take note of answers on 6 September 2023 to provide an explanation of the failure to comply with orders 229 and 253, and the order of 22 June 2023, and:
(i) any senator may move to take note of the explanation, and
(ii) any such motion 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.
The Senate divided. [16:04]
(The President—Senator Lines)
That there be laid on the table, by the Minister representing the Treasurer, by no later than midday on Thursday, 7 March 2024, all documents relating to, and including, the National Disability Insurance Scheme Financial Sustainability Framework.
The Senate divided. [16:08]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Treasurer, by no later than 10 am on Monday, 11 September 2023, any briefing notes, ministerial briefs and correspondence since 23 May 2022 between the Treasurer and the Treasurer of each state and territory (including former Treasurers of a state or territory that have held office since 23 May 2022) regarding the distribution of GST revenue, the GST formula or the statutory review of the operation of the Treasury Laws Amendment (Making Sure Every State and Territory Gets Their Fair Share of GST) Act 2018 .
The Senate divided. [16:15]
(The President—Senator Lines)
(1) That a select committee, to be known as the Select Committee on Commonwealth Bilateral Air Service Agreements, be established to inquire into and report on all Federal Government decisions relating to any proposals received in the past 12 months for additional services to Australia's major airports, with particular reference to:
(a) the impacts of the decision on competition in the Australian aviation sector and the cost of living pressures on families and business;
(b) the impact on the Australian economy, including on Australian travellers, the tourism and hospitality sectors and movement of freight;
(c) the rights of airlines or other bodies to appeal decisions regarding bilateral air services agreements made by the responsible minister; and
(d) any other related matters.
(2) That the committee present its final report by 9 October 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) two 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 a minority party or independent senator.
(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. [16:21]
(The President—Senator Lines)
That—
(a) the Senate notes that previously, under guidelines for the use of special purpose aircraft, schedules of flights (which included full details regarding each flight) were regularly tabled in the Senate to promote public transparency and accountability in relation to the use of RAAF VIP aircraft, and the last schedule was tabled in the Senate on 28 June 2021 and covered the period 1 July to 31 December 2020; and
(b) there be laid on the table by the Minister representing the Minister for Defence, by no later than 3 pm on 13 September 2023, the following information relating to special purpose flights:
(i) for all flights since 1 January 2021:
(A) cost per flight, including the cost of any empty return flights (often referred to as ghost flights),
(B) the departure and arrival locations, and
(C) the date of the flights,
(ii) all current guidelines provided to officials around the use of special purpose flights, and
(iii) all previous versions of guidelines provided to officials around the use of special purpose flights.
Omit paragraph (b), substitute:
(b) The Senate notes that security agencies are best placed to complete threat assessments in relation to the security of politicians and their families;
(c) The Senate notes that the Leader of the Opposition has also stated that, "security agencies are best placed to make the threat assessments in relation to politicians, our families" and that, "the AFP for a while have been concerned about pattern of life issues.";
(d) there be laid on the table by the Minister representing the Minister for Defence, by no later than 3 pm on 13 September 2023, the following information relating to special purpose flights to the extent such information can be provided consistent with advice from security agencies:
(i) for all flights since 1 January 2021:
(A) cost per flight, including the cost of any empty return flights (often referred to as ghost flights),
(B) the departure and arrival locations, and
(C) the date of the flights, and
(ii) all current guidelines provided to officials around the use of special purpose flights.
After paragraph (d)(ii), add:
(iii) all previous versions of guidelines provided to officials around the use of special purpose flights.
The Senate divided. [16:29]
(The President—Senator Lines)
The Senate divided. [16:38]
(The President—Senator Lines)
The Senate divided. [16:46]
(The President—Senator Lines)
Offshore Petroleum and Greenhouse Gas Storage Amendment (Domestic Reserve) Bill 2023
That the following bill be introduced:
A Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006 , 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.
Today I introduce the Offshore Petroleum and Greenhouse Gas Storage Amendment (Domestic Reserve) Bill 2023, because Australians should benefit from Australia's vast and valuable petroleum resources. These petroleum resources include oil, natural gas, and other valuable hydrocarbons like bitumen.
The purpose of my Bill is to introduce a petroleum reserve in Australia's offshore waters, by amending theOffshore Petroleum and Greenhouse Gas Storage Act 2006 (OPGGS Act).
This Bill is different from my earlier OPGGS Amendment (Benefit to Australia) Bill 2020 referred on 4 February 2021 to the Senate Economics Legislation Committee for inquiry and reported on in March 2021.
With that Bill, I sought to broaden the object clause of the OPGGS Act to make the 'benefit of the Australian community' a guiding principle in the interpretation of that legislation.
When the Senate failed to support making the 'benefit of the Australian community' a guiding principle for managing our offshore petroleum reserves, foreign-owned transnational oil and gas companies notched up another win against the people of Australia. If the 'benefit of the Australian community' had been adopted as a guiding principle in the OPGGS Act, then long held leases would now be in production providing more gas to Australia.
Australia has abundant petroleum resources. During 2020 Australia was the seventh largest gas producer in the world, largely based on new projects located off the coast of Western Australia. These projects have a 40-year life, and possibly double that time if nearby leases are put into production.
By 2022 Australia was the world's top exporter of liquefied natural gasbut the large amount of gas being exported is causing a domestic gas shortage. How is it possible for the world's largest exporter of gas to be short of gas at home?
Firstly, the state of Western Australia is not short of gas. The state government encouraged foreign-owned multinational oil and gas companies to invest as early as 1977 by entering long term contracts to take a specific amount of gas, and later in 2006 it placed a 15% domestic gas reserve policy on Commonwealth gas brought onshore to WA for processing .
We now know that 93% of all of Australia's known reserves of natural gas are in the North West Shelf off Western Australia and part of the Northern Territory.
Is it fair that 93% of Commonwealth-owned natural gas should benefit just 10% of Australia's population? My view is no. Western Australia receives a huge benefit without compensating the other states because of the passage of the Treasury Laws Amendment (Making Sure Every State and Territory Gets Their Fair Share of GST) Act 2018.
The Commonwealth government might argue the Petroleum Resource Rent Tax Act 1987 gets payment for the gas, but that Act fails on every level including revenue. Labor, the authors of this legislation, ensured the law was poorly designed and no government has had the courage to change it since.
There is an energy crisis in eastern Australia where most Australians live. There are few long-term supply contracts, and no domestic offshore gas reserve policy on Commonwealth-owned gas, because less than 7% of the known gas reserves are in eastern Australia.
It is no surprise the Labor government of Western Australia supports a national gas reserve offshore from the eastern states because WA has access to more gas than they could ever need.
The left might tell you that fossil fuels are on the way out, but the evidence is otherwise. Gas is increasingly needed to backup renewables as coal fired power stations are forced out of the electricity generation business.
Gas shortages are causing electricity prices on the east coast to skyrocket.
The electricity price in the eastern states is set through a five-minute bidding process where the price offered by gas generators often sets the price for the purchase of wind and solar generated electricity one day in four. A domestic gas reserve will increase the supply of gas and lower the price of electricity directly and indirectly through the National Electricity Rules.
The Australian Energy Market Operator (AEMO) knows the generators game the system, driving up the price of electricity, and the government is doing nothing about it. The problem is beyond the scope the Bill I am introducing.
Australia is the only exporter of gas in the world to suffer domestic gas shortages. All Australians own the gas in offshore Commonwealth waters but only those Australians directly working for foreign-owned gas companies tend to benefit.
It is time for the Labor government to show it is different from the weak coalition of Liberals and Nationals, who were in government for the past three terms and did not introduce a domestic reserve of gas for Australia's use.
A handful of integrated foreign oil and gas companies control Australia's offshore oil and gas leases. These oil and gas giants joint venture with each other and they operate across the value chain from exploration, production, to transport, refining and marketing.
Despite their size these oil and gas companies still need to borrow to fund new projects. Lenders are willing to extend credit to these companies if the companies have long term contracts to underpin repayments to the lender.
Foreign owned multinational exporters now supply locally produced gas to foreign markets under long term agreements, with the result that in 2019-20 74% of Australian produced natural gas was exported.
These long-term agreements made with China, Japan, South Korea, and other south east Asian markets are for gas at prices which are much lower than today's international spot price, which explains why gas turbine operators, households and businesses in these countries pay less for our gas than we do.
The current shortage of gas in the eastern states is caused by onshore gas being exported on long term contracts.
There are gas reserves on the Australian landmass. This gas belongs to the states. My Bill is about the gas reserves under the seabed in Commonwealth waters.
Before I go on, I want to put on the record—again—that foreign integrated gas companies don't pay Australia for the gas they take from the Commonwealth seabed. They recognise their world-wide expenses in Australia and their revenues in a low tax country, which means they pay next to nothing on the profits made with Australian gas. If we can't get paid for our gas, then at least we can buy some of our gas at the same price as it is sold overseas.
Every permanent migrant arriving here increases carbon emissions and increases the need for gas to provide electricity at night and when wind speeds are too high or too low.
The Coalition government's response to the domestic shortage of gas and high prices for the gas was the Australian Domestic Gas Security Mechanism (ADGSM).
The ADGSM has been used to delay the creation of a domestic reserve for gas. We know that, because in 2018 and 2019 the east coast LNG joint venturers agreed to offer the uncontracted gas first to the Australian market in return for the Coalition government not implementing a domestic gas reservation policy . It is stating the obvious that you can't trust the Coalition.
The shortcomings of the ADGSM identified by the Productivity Commission mean it cannot be the long-term answer to gas shortages. The proposed price caps are expensive and short term with the taxpayer saving nothing.
The government's proposed mandatory code for energy will fail because it will undermine the case for new investment and create a gas supply crunch according to the Australian Petroleum Production and Exploration Association (APPEA), the peak body for the oil and gas companies.
Government needs to find a permanent solution to gas shortages; our need for gas is ongoing and increasing because coal fired power stations are timetabled to shut.
Gas also controls the rate of absorption of solar and wind generated electricity into the NEM because it is the fuel providing back-up electricity at night, or when the wind speed is too high or too low.
We need gas for electricity generation, and we need it for manufacturing. Gas cannot be substituted in many manufacturing processes including the production of fertilisers, non-ferrous metals, aluminium, glass, chemicals, and galvanised steel.
The importance of gas is seen in the government's decision to build the Kurri Kurri gas-fired plant at a cost of $600 million dollars. The Kurri Kurri gas plant is expected to operate 2% of the time. In time the government hopes the plant will operate on a mix of 15% green hydrogen and 85% gas at a cost of another $700 million dollars.
Zero net emissions will mean lower standards of living, which equals worse health outcomes, lower paid jobs, crowded housing, and an increasingly inequitable society.
The government says there will be jobs in renewables. What they don't say is that electricity will become permanently more expensive, leaving less money for other things, and that the most vulnerable people will be much worse off.
My Bill proposes a petroleum reserve in Commonwealth waters, including off the coast of Western Australia. There is no reason the eastern states should not be able to enter long term contracts for petroleum or gas in the way Western Australia does.
The sovereign risk argument does not exist, because all that I am proposing is widening of the client base from Western Australia to all states and territories.
A national gas reserve in offshore waters would provide energy security, lower the cost of living for families and save Australian manufacturers.
It is not in the national interest to allow the world's biggest oil and gas companies to export most of Australia's gas, leaving the domestic market short. Australia has a gas export problem which needs solving.
In October 2022 the government announced it would consider options for a prospective national gas reservation scheme in the White Paper titled 'Gas reservation issues paper' but failed to follow through .
Foreign-owned multinational oil and gas companiesrecoil in horror at the suggestion of a domestic gas reserve. They claim a domestic gas reserve in offshore waters would discourage future investment, but we know from the experience in Western Australia that the claim is baseless.
Western Australia has had a domestic gas obligation since 1977, and later the formal Domestic Reserve Policy which has operated since 2006.
In other words, the domestic gas obligation has existed in Western Australia for over 40 years, co-existing with growing foreign investment.
The obligation to provide 15% of gas to WA did not stop Chevron making the largest single investment in Australia's history: the $80 billion investment in the LNG Gorgon Project on the North West Shelf.
The Western Australian government and the WA DOMGAS Alliance, the peak gas user group, support a national gas reserve so long as a carve out is made for Western Australia. This represents a massive windfall for Western Australia because 93% of Australia's conventional gas resources are found offshore in the North West Shelf.
The North West Shelf accounts for 71% of Australia's chilled gas exports, which in 2022 had a value of $65.8 billion. On this basis the domestic gas obligation was worth just under $10 billion to the Western Australian economy. This gift of $10 billion annually of a resource owned by all Australians is not directly considered through the horizontal fiscal equalisation process which underpins the distribution of GST.
Furthermore, Western Australia takes the lion's share of the royalty regime which applies to two petroleum leases known as WA-1-P and WA-28-P.
The Western Australian government is addicted to Commonwealth-owned petroleum resources. The domestic gas obligation underpins the Western Australia's economy, with 57% of the state's electricity generated from gas, 28% from coal and just 15% from wind or solar.
The balance of the gas supplied under the domestic gas obligation is used in the manufacture of fertilisers, chemicals and products which require very high temperatures like aluminium, non-ferrous metals, galvanising steel with zinc, and glass.
The WA Government would argue that its ok for WA to keep $11 billion dollars' worth of gas annually from the other states because Australia benefits from all exported gas. Of course, it is wrong to think that because the $92.8 billion in exports is added to Australia's GDP: a mirage in the Australian economy.
My proposal for a domestic reserve is broad-based with regulations to define the details. There is no effect on foreign companies because they already have an obligation to sell to the Western Australian government. Supplying another state or territory government changes nothing for them.
I commend the Bill to the Senate.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Students shouldn't have to go broke doing practical placement to finish their studies.
I hope that I shall never forget that everything that takes place in this chamber goes out somewhere to strike a human heart, to influence the life of some fellow being, and I believe this, too, with all my heart that the duty of every government, whether in this country or any other, is to see that no man, because of the condition of his life, shall ever need lose his vision of the city of God.
Thank you.
That, in the opinion of the Senate, the following is a matter of urgency:
The failure of the Albanese Government to secure affordable and reliable energy, as highlighted in Australian Energy Market Operator's 2023 Electricity Statement of Opportunities, which is resulting in Australians paying some of the most expensive energy bills in the world for increasingly unreliable power.
That, in the opinion of the Senate, the following is a matter of urgency:
The failure of the Albanese Government to secure affordable and reliable energy, as highlighted in Australian Energy Market Operator's 2023 Electricity Statement of Opportunities, which is resulting in Australians paying some of the most expensive energy bills in the world for increasingly unreliable power.
The Senate divided. [18:20]
(The President—Senator Lines)
Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023
That the Senate take note of the document.
In May 2023, the Senate Legal and Constitutional Affairs Legislation Committee (the committee) tabled its report on the Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023.
Shortly after tabling its report, the committee received correspondence from the Serbian Council of Australia (SCofA). SCofA raised concerns about a quote at paragraph 2.8 of the report, attributed to the Australian Jewish Democratic Society (AJDS), in which the 'Serbian 3-finger salute' was described as a Nazi symbol.
In its correspondence to the committee, SCofA explained that:
The reference to the 'Serbian 3-finger salute' as a Nazi salute is offensive to the entire Australian Serbian community and is a historically wrong, and outrageous mischaracterisation of the symbol. The three fingers that Serbian Orthodox Christians display symbolises 'the father, the son and the Holy Spirit' (the Holy Trinity). The Serbian three finger salute is a spiritual symbol and does not have any political connotations.
On 23 June 2023, the AJDS issued the following apology and clarification on its website:
The Australian Jewish Democratic Society (AJDS) apologises to the Serbian Council of Australia and the Serbian community for mischaracterising the religiously-based "three-finger salute". For Serbian Orthodox Christians the fingers symbolise 'the father, the son and the Holy Spirit' (the Trinity) and we recognise its religious significance to Serbs.
In making its submission to the Australian Senate Standing Committee on Legal and Constitutional Affairs Prohibition of Nazi Symbols Bills 2023, the AJDS should have explicitly distinguished between the Serbian Orthodox three-finger symbol that has first and foremost deep religious and national meaning, and its misappropriation as a racist, supremacist gesture, as was used by the Croatian Ustasha Regime to mock its religious significance during their extermination of Serbs, Jews and Roma during WWII.
The committee has issued this statement in the hopes of clarifying the use and importance of the Serbian 3-fingered salute as a religious symbol, and its misappropriation as a Nazi symbol.
That the Senate take note of the report.
While important research questions remain regarding the degree of causation and the nature of long-term impacts, these questions should not be used to undermine the fundamental nature of that link.
Some of this is due to the nature of my sport, due to the environment that I was put into, the attitudes that existed around concussion and my own choices, at times, to carry on and take advantage of a system that allowed me to play six days after being knocked unconscious.
I begin with dizziness and hypersensitivity to light. I lose parts of my vision. I experience a loss of balance and disorientation, followed by heavy fevers and sweats and then severe vomiting. Once the vomiting settles, I'll pass out into a deep, deep sleep that can vary anywhere from 45 minutes, with the longest I've experienced being around eight hours.
Subsequently, my life has completely changed due to that. There is no rehab. There are no specific treatments. There is nothing specific, essentially, to what I'm going through or specific to concussion in general.
A concussion was never taken as serious as any other type of injury like a knee, hamstring, ankle etc. There was no mandatory rehab, no monitoring or follow up care once you had a few days off, did lighter training and said you felt 'ok' and 'fine' to train and play … it was easy to manipulate the club, coaches, physiotherapist, and vis versa especially if you were an 'important player' to be cleared to play and train because what also constituted the recovery period wasn't clear.
Shane's CTE and brain disease had been a very slow burn for him up until the last four years of his life … We watched him decline over many years, but the last two years were probably the most tormenting and traumatising for him. Shane had a lot of auditory hallucinations … He slowly ended up on the verge of dementia. By the end, he'd lost motor skills and memory.
He showed signs of a change of personality at around about 60. But prior to that … he had become quite aggressive. Once he was diagnosed with dementia, from then on it was horrendous. … He was aggressive and irrational. It was a madness; it wasn't normal. He eventually became totally dependent, incontinent and the rest, so he went into care where he was for 3½ years until he passed away …
The governing bodies of contact sports see the concussion crisis as an existential threat, and they [are] desperate for research which suggests that SRC [sport-related concussion] is less common or less dangerous than is currently believed, or that their efforts to reduce SRC are working.
In terms of adults, I would generally advocate a conservative path of four weeks off from play, inclusive of that weekend's games.
… …
For kids it should be longer, and there's talk of six weeks.
There's little care for retired players, many of whom are falling through the cracks with no workers compensation, no income protection, and, in many cases, some heart-wrenching stories of personal anguish and of families being destroyed, domestic violence et cetera. There is no support for many of those players from the AFL or AFLW. The care is not there.
What could be of higher priority for the competition than looking after the individuals on whose shoulders the success of the game now stands?
… this hodgepodge of funding and insurance arrangements for catastrophic injury means that Australians who sustain catastrophic brain and spinal cord injuries from sporting activity have worse outcomes than those who sustain equivalent injuries at work or on the road.
That the Senate take note of the report.
Crimes and Other Legislation Amendment (Omnibus) Bill 2023
That, noting the importance of ensuring that the National Electricity Grid has the capacity to provide a reliable and secure supply of energy to Australians as the economy transitions to new and more dispersed methods of generations and storage, and acknowledging that transition will necessarily transgress on agricultural, Indigenous and environmental lands and marine environments, the following matters be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 1 December 2023:
(a) power imbalance between Indigenous landholders, farmers and fishers and government and energy companies seeking to compulsorily acquire or access their land or fishing grounds;
(b) terms and conditions for compulsory access and acquisition;
(c) fairness of compensation;
(d) options for development of a fair national approach to access and acquisition;
(e) options to maintain and ensure the rights of farmers and fishers to maintain and ensure productivity of agriculture and fisheries; and
(f) any other matter.
It was made abundantly clear to the committee that HumeLink, as currently proposed, has no social licence.
Within Gymnastics Australia and Australian Gymnastics Organisation managed facilities, people have the right to use changing and bathroom facilities which best reflects their gender identity.
There is so much impact it's not possible to list it all. Basically, you are in survival mode 24/7. High stress high anxiety, feelings of embarrassment and shame, failure to provide for your child, I worry a lot about the impact on her. She's a child. It's not fair that she has to ration food and doesn't get to do things kids should get to do.
They are not the daughters of well-to-do families. No, women in prostitution are extremely vulnerable: Poverty, experiences of violence, dysfunctional families, marginalization, vulnerability.
We have established a National Anti-Corruption Commission because restoring integrity and trust to our politics is essential if we are to maintain the health of our democracy …
If that were to continue it would mean … real wage increases would be very difficult, and it would mean a smaller pie for government to provide the services that the community wants.
I think it's the No. 1 medium-term economic issue.
A key challenge will be turning around our dismal productivity performance. Productivity is driven by investment and innovation and using the skills of workforces more effectively.
The gains usually come at the workplace level and are about working smarter, not harder.
In this context, why is the government rushing workplace changes that will be a drag on productivity and make the fiscal hill even steeper?
Many casuals won't want a permanent job. If you're a student or just working a casual job to make some extra money, this change won't matter to you.
The workplace relations system has a fundamental role in driving productivity and wages, but needs repair to achieve those outcomes, including a greater emphasis on co-operation between parties.
I know that Australians are paying too much for their domestic tickets. More international flights from Qatar would not have helped that.
I think it's appropriate if they were to reverse the decision on Qatar flights, noting they had repatriated more Australians stranded overseas during the Covid pandemic than Qantas did.
Qatar Airways kept running during COVID, bringing home Western Australians and keeping our freight moving.
My government has been clear that we want more routes connecting Perth, and the cultural and economic benefits those flights bring.
We appreciate Qatar Airways' commitment to South Australia since it started flying to Adelaide in 2016, in particular during Covid when Qatar played a unique and vital role in repatriating South Australians and transporting tonnes of cargo to maintain supply chains for South Australian agriculture exporters.
An appropriate review where things are, given all these revelations, would be good.
This is a significant blow. No other part of the tourism and aviation sector can rationalise it.
We don't want to be sounding alarm bells over a variant that is just as likely to die out as it is to become the next big thing. If we did that for every single variant we'd be sounding alarm bells every single day.
… miscarriages and stillbirth rates in 2022 corresponded directly to COVID-19 vaccination among pregnant women in Switzerland nine months earlier.
And, he said, vaccine makers and public health officials either knew or could have known this information at the time, if they cared to look.