The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 12:00, made an acknowledgement of country and read prayers.
That, in order to provide for the consideration of the Housing Australia Future Fund Bill 2023, National Housing Supply and Affordability Council Bill 2023 and Treasury Laws Amendment (Housing Measures No. 1) Bill 2023—
(1) The order of the Senate of 19 June 2023 relating to the Housing Australia Future Fund Bill 2023 and related bills no longer apply, allowing them to be considered immediately, and the bills be called on as the next item of government business.
(2) On Tuesday, 12 September 2023:
(a) the routine of business from 6 pm be consideration of the bills (second reading speeches only); and
(b) the Senate adjourn without debate at the conclusion of the second reading debate, at 10 pm, or on the motion of a minister, whichever is earlier.
(3) On Wednesday, 13 September 2023:
(a) the questions on all remaining stages of the bills be put at 11.45 am;
(b) paragraph (a) operate as a limitation of debate under standing order 142; and
(c) divisions may take place between 12.15 pm and 2 pm for the purposes of the bills.
That the question be now put.
The Senate divided. [12:06]
(The President—Senator Lines)
The Senate divided. [12:10]
(The President—Senator Lines)
That so much of the standing orders be suspended as would prevent me from making a statement.
That the question be put.
The Senate divided. [12:28]
(The President—Senator Lines)
The Senate divided. [12:31]
(The President—Senator Lines)
Housing Australia Future Fund Bill 2023
National Housing Supply and Affordability Council Bill 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
The Committee recommends that the Australian Government should institute a grant scheme that pays states and localities for delivering more housing supply and affordable housing.
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) Australia is in the middle of a rental crisis, and
(ii) Labor had the power and opportunity to freeze and cap rent increases through National Cabinet, but refused despite the fact Labor holds government federally and in every state and territory on the mainland; and
(b) agrees that every rent rise from here on out is Labor's fault and that unlimited rent rises should be illegal; and
(c) calls on the Federal Labor Government to coordinate a 2-year freeze on rent increases, followed by ongoing caps of 2%, through National Cabinet".
I grew up in a family violence situation alongside my sister, and we sought help from the police, Centrelink and our university, but we didn't receive protection. Our abuser completely controlled our lives financially, emotionally and physically well into our 20s. In 2022, I fled Queensland when he threatened to kill me. I had just achieved a first-class honours degree. I'm not telling you this because I want you to feel sorry for me, but I do need you to understand that that experience is accompanied by a raft of financial penalties, from taking out a $30,000 HECS loan which enabled us to lessen the impact of the financial abuse, to routinely paying for treatment for complex post-traumatic stress disorder and physical injuries. …
This situation has cost me far more than the deposit on a home. Over time, the financial burden has accumulated, not least because I'm beholden to a housing market that unfairly prioritises investors. The abuse that I've managed for most of my life only ended last year …
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
It's one thing to have fear, something else to have a fear-driven life.
Jewish students report frequent encounters with antisemitic behaviour while attending university in Australia.
The homes delivered through the HAFF will each make an enormous difference to people who would otherwise be homeless.
The Albanese Labor Government has today released a new Recovery Plan to boost the long-term survival of the critically endangered Swift Parrot.
Purchaser further acknowledges that the long-term effects and efficacy of the Vaccine are not currently known and that there may be adverse effects of the Vaccine that are not currently known.
… all the expert analysis and evidence I've seen supports this project being built.
Qatar Airways can add more seats into Australia today—right now.
… … …
They are certainly welcome to do so, and they can fly as many flights as they like into Adelaide, into the Gold Coast, into Avalon, into Hobart and into Canberra …
That the Senate take note of the answer given by the Minister for the Public Service, the Minister for Finance and the Minister for Women (Senator Gallagher) to a question without notice asked by Senator Hume today relating to the Productivity Commission.
Our report identifies a further $15 billion a year of savings measures, including undoing Western Australia's special GST funding deal …
Growing inheritances pose a quandary for our political leaders. Taxing inheritances makes a lot of sense from both an economic and fairness perspective. Taxes on inheritances drag on the economy less than other taxes, such as income taxes. Inheritances taxes also promote what economists call "horizontal equity"—ensuring that people in similar economic circumstances pay similar amounts of tax.
That the Senate take note of the answer given by Senator Wong to the question without notice asked by Senator Rice today relating to the swift parrot.
Despite mountains of evidence that logging in Tasmania is the key threat to swift parrots, this government is trying to scapegoat a tiny possum for its inability to stand up to the forest industry.
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Department of Defence—Defence fuel transformation program—Tranche 2 facilities project.
Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition) Bill 2023
That the following bill be introduced: A Bill for an Act to amend the Competition and Consumer Act 2010, 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.
The aviation sector is one of the most concentrated in the Australian economy, around 94% controlled by QANTAS and Virgin Australia.
The result is insufficient competition relative to the requirements of Australian travellers, often leading to high ticket prices, lack of choice, and, in some instances, poor reliability and customer service.
There are also legitimate and ongoing concerns regarding the level of transparency that can exist in a duopolistic environment such as this, including the relationship between the major airlines and government—something which has attracted considerable and warranted attention in recent weeks.
Under the Competition a nd Consumer (Price Monitoring—Domestic Air Passenger Transport Direction 2020 , the previous Coalition Government instigated an airline monitoring regime by the Australian Competition and Consumer Commission (ACCC).
This three-year regime, which ran from June 2020 to June 2023, monitored prices, costs and profits relating to the supply of domestic air passenger transport services, and of related goods and services.
The COVID-19 pandemic had a significantly negative impact on the Australian aviation sector, with Virgin Australia suspending its Tigerair services in March 2020 and entering voluntary administration the following month.
The monitoring regime was intended by the previous Coalition Government to identify anti-competitive behaviour in what was a rapidly changing sector, and one in which the interests of consumers required enhanced protection.
As Australia emerged from the pandemic, the aviation sector followed, with Virgin coming out of administration, expanded Regional Express (REX) services and the arrival of Bonza.
However, the concentrated makeup of the sector, and current issues, mean the aims of the original monitoring regime remain as current as when they were first implemented.
The ACCC noted in its final Airline Competition in Australia Report from June 2023 that "A further direction to the ACCC would provide continued transparency and scrutiny of the industry at a time when new and expanding airlines are still trying to establish themselves."
That Report also observes that "…a lack of effective competition is a key reason why the industry has generally underperformed in terms of meeting the needs of both the travelling public and the parts of the economy that rely on domestic air travel."
Despite these findings, the Albanese Government has not chosen to continue the monitoring.
The Coalition believes this decision comes at the expense of the aviation sector and those it services, which is why it is introducing the Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition) Bill 2023 (the Bill).
The Bill largely reproduces the 2020 Direction and resumes the monitoring regime for a further three years.
The ACCC is required to provide a monitoring report to the relevant Minister at least once a quarter, and this report is also to be published on the ACCC's website and tabled in Parliament. Commercial confidentiality will continue to be respected.
The Coalition notes there are several factors that more than justify reinstating the monitoring regime at this time.
Australian households are battling a severe cost of living crisis, with rising mortgage, rent and utilities expenses meaning cheaper ticket prices are urgently needed by many.
After some uncertainty, the Albanese Government has confirmed the aviation sector will be included in its upcoming Competition Review, but it is yet to provide details of when in the Review process it will be considered or how it will be prioritised against other sectors.
Finally, there has been a lack of transparency surrounding recent dealings between the Government and QANTAS on additional Qatar Airways flights into Australia that ultimately resulted in a beneficial decision for QANTAS at the expense of aviation sector competition.
Although this concerned international services, it nevertheless confirms the need for independent and comprehensive scrutiny of the sector by the competition watchdog.
Australian families and businesses deserve the cheapest, most flexible and reliable aviation sector in the world, and this can only be achieved if it is also the most competitive aviation sector in the world.
Resuming ACCC monitoring represents the most immediate and effective way to deliver this.
I commend the Bill to the Senate.
Ending Native Forest Logging Bill 2023
That the following bill be introduced: A Bill for an Act to repeal the Regional Forest Agreements Act 2002 and to amend the Environment Protection and Biodiversity Conservation Act 1999, 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.
The Ending Native Forest Logging Bill 2023 seeks to put an end to native forest logging in Australia. It does so by repealing theRegional Forest Agreements Act 2002 and closing a loophole in our national environmental laws. A loophole that entire truckloads of logs have been driven through.
The Environment Protection and Biodiversity Conservation Act 1999 sets out the Commonwealth's responsibility to protect our environment. This Act is supposed to reflect the Australian Government's international commitments to preserve the places we love and protect biodiversity.
However, under the Regional Forest Agreements, established between state and federal governments, logging operations are given a special exemption. This means that the regulation and protection of Australia's precious forests are effectively left to state governments.
These are the same governments who own the Forestry Corporation NSW and so called Sustainable Timber Tasmania—logging agencies who time and time again have recklessly destroyed irreplaceable forests.
Last month, photos were taken of a giant, centuries-old eucalypt on the back of logging truck in Tasmania. This beautiful old tree had been cut down and taken from a logging coupe in the Florentine Valley.
Giant trees like this one provide critical habitat for hollow tree-dependent species. Any tree larger than 86 metres tall are supposed to be protected by a buffer in which logging is not supposed to occur.
Despite this clear and important rule, Sustainable Timber Tasmania logged this ancient eucalypt anyway. The agency cited safety as the reason for their reckless destruction. Giant old trees can hollow out and potentially cause a safety risk to people. However, if the agency followed the rules and implemented the protection buffer, risk would be minimised if not eliminated.
State logging agencies cannot be trusted, and neither can their state government owners.
The decision by the Western Australian and Victorian governments to end native forest logging by 2024 was a step towards genuine progress.
This was a hard fought victory for the many dedicated forest activists, Traditional Owners, academics, community members and environmental organisations that had been campaigning for the end to native forest logging in these states for decades.
It was a win for First Nations heritage and culture.
For the threatened species and wildlife that call Victoria and Western Australia's forests home.
It was also a win for the climate. Logging native forests in these states was a huge driver of emissions. It is estimated that ending native forest logging in Victoria alone will save 3.35 million tonnes of carbon emissions per year.
Despite this victory—there is so much more to do. As long as the regional forest agreements are in place—native forest logging will go unchecked in Tasmania and New South Wales and cause irreversible destruction.
Forests form part of the traditional lands of First Nations people around Australia and are important habitats for their totem species. When governments allow the logging industry to destroy native forests, they are threatening generations of First People's heritage.
We are also starring down the barrel of a biodiversity crisis. Australia holds the highest number of mammal extinctions globally and this has only been propelled by the regional forest agreements.
Since the commencement of these agreements, Australia has witnessed more than a quarter of federally listed forest-dependent species move closer to extinction. In this time we have also seen 15 forest vertebrate species listed as threatened for the first time.
State logging agencies are continuing to allow the logging of habitat of endangered species such as swift parrots in Tasmania and Greater Gliders in New South Wales. The Commonwealth Government's aim of zero extinctions will continue to be compromised if state logging agencies are permitted to keep destroying habitats that endangered animals rely on for their very survival.
If we want to reach zero extinctions, then this Bill must urgently be passed.
Protecting Australia's native forests is also critical for our climate.
Annual emissions from native forest logging in New South Wales and Tasmania alone are equivalent to the annual emissions of two million cars, or half a million households. It is estimated that ending native forest logging would save approximately 15.5 million tonnes of carbon dioxide per year.
Repealing the regional forest agreements and ending native forest logging across the country provides a clear pathway for Australia to contribute to reaching our zero emissions targets, limit global heating and protect our climate.
The benefits of protecting forests, however, must not be sold to fossil fuel corporations as carbon offsets so they can mine and burn more coal and gas.
As part of realising the benefits of protecting Australia's forests, we need to ensure a just transition for workers and communities out of native forest logging.
For far too long, workers and communities have been lied to by governments, who haven't been honest with them about the inevitability of the end of native forest logging.
The Greens have called for greater support for just transitions, including through a National Transition Authority. Communities and workers should be provided with assistance to transition to sustainable industries.
The time for native forest logging is over. A poll recently released by the Australia Institute showed that 69% of Australians support extending the ban on native forest logging in NSW and Tasmania.
Yet, the federal Labor government continues to keep their head in the sand and allow for the destruction of Australia's forests and wildlife to continue.
We are expected to have the most significant bushfire season since the 2019-2020 black summer fires. This poses an enormous risk to Australia's forests their wildlife, the carbon they store and the communities that rely on them. Logging also increases the fire risk to our forests and nearby communities.
The Labor government cannot risk Australia's native forests being recklessly destroyed by the logging industry any more ahead of the bushfire season.
Australia's native forests need urgent protection—for their role in soaking up and storing carbon, as the traditional lands of First Nations people, for their totems and songlines, water, wildlife and beauty.
It is time the Labor Government stop prioritising corporate profits and industry lobbies over people and the environment.
It's time to end native forest logging in Australia.
That there be laid on the table by the Minister representing the Minister for the Environment and Water, by no later than midday on Thursday, 14 September 2023, a list of dates since 1 June 2022 of formal meetings with:
(a) the Chair of Seafood Industry Australia personally attended by the Minister for the Environment and Water; and
(b) representatives from the Pew Charitable Trusts personally attended by the Minister for the Environment and Water.
That, in respect of the inquiry by the Environment and Communications Legislation Committee into the provisions of the Water Amendment (Restoring Our Rivers) Bill 2023, the Senate directs the committee to hold public hearings in the Murray-Darling Basin communities of Deniliquin, Griffith, Mildura, Renmark and Shepparton before the committee reports, and invite representatives of these communities to give evidence over a period of a minimum of 4 hours for each community.
That there be laid on the table by the Minister for Foreign Affairs, by no later than 5.30 pm on Monday, 18 September 2023, copies of all advice, briefings or submissions provided by the Department of Foreign Affairs and Trade to the Minister relating to:
(a) the application by Qatar Airways for additional international flight services to major Australian airports; and
(b) any communications with officials of foreign nations regarding the Albanese Government's decision to refuse additional flights to Qatar Airways.
The Senate divided. [15:48]
(The President—Senator Lines)
The Senate divided. [15:53]
(The President—Senator Lines)
The Senate divided. [16:01]
(The President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
In acknowledging the one year anniversary of the death of Mahsa 'Jina' Amini, the need for the Senate to express its unequivocal opposition to the violent oppression of Iranian women and girls and the arbitrary imprisonment and execution of protesters, and condemn the harassment and intimidation attempts against critics of the Islamic Republic of Iran regime in Australia, the regime's involvement in terrorism, the provision of drones to Russia for use against Ukraine and the use of hostage diplomacy against western nations.
The death of Jina Mahsa Amini was not an isolated event but the latest in a long series of extreme violence against women and girls committed by the Iranian authorities …
… … …
The Special Rapporteur regrets that the State authorities have failed to conduct any independent, impartial and transparent investigation into the death of Jina Mahsa Amini and consistently denied any misconduct or wrongdoing on their part.
At least 64 children have reportedly been killed by security forces since the start of the protests, five of them, four girls and one boy, were beaten to death.
These include dozens of human rights defenders, at least 600 students, 45 lawyers, 576 civil society activists and at least 62 journalists.
State security forces—
have used live ammunition and seemingly indiscriminate force against civilians. Hundreds have been killed and many thousands wounded. Tens of thousands have been arrested. A number have been sentenced to death—some already executed—without access to a fair trial. Confessions are extracted through torture. Adults and children are subjected to horrific physical and sexual abuse in prison. The evidence presented to the committee painfully illustrates the wholesale maltreatment of a nation by the very authorities whose job it is supposed to be to safeguard and protect the Iranian population.
Pursuant to standing order 75, I give notice that today the Australian Greens propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
It is in the public interest for the government to release all information related to the NDIS Financial Sustainability Framework and commit to making publicly available all recommendations from the review of the NDIS, with both critical in guiding the decision-making of government as to the future of the NDIS."
That, in the opinion of the Senate, the following is a matter of urgency:
It is in the public interest for the government to release all information related to the NDIS Financial Sustainability Framework and commit to making publicly available all recommendations from the review of the NDIS, with both critical in guiding the decision-making of government as to the future of the NDIS.
That the Senate take note of the report.
Australian Government
Australian Government response to the Rural and Regional Affairs and Transport References Committee report:
Adequacy of Australia's biosecurity measures and response preparedness, in particular with respect to foot-and mouth disease and varroa mite.
September 2023
In troduction
The Australian Government welcomes the opportunity to respond to the Rural and Regional Affairs and Transport References Committee report: Adequacy of Australia's biosecurity measures and response preparedness, in particular with respect to foot-and mouth disease and varroa mite, tabled on 8 December 2022.
The Australian Government takes very seriously the increasing risk of pest and disease entry into the country as the climate changes and global trade and travel patterns shift. While Australia remains free of foot and mouth disease, the Australian Government is working with other governments, industry and internationally to mitigate the risks to Australia of further spread of the disease and strengthen our collective preparedness and response capability.
We will continue to work with other governments and industry on the current eradication response for varroa mite and will consider the views of the Committee as this work progresses.
The Australian Government's response to the report is set out below. The response addresses the recommendations contained in the report and takes into account additional contextual information provided by the Committee subsequent to the report's release in relation to the intent of some recommendations.
Response
Recommendation 1
The committee recommends that the Department of Agriculture, Fisheries and Forestry and the New South Wales Department of Primary Industries, publicly report on findings from their investigations into the origin of the varroa mite incursion in the Williamtown area.
Response
The Australian Government supports in principle this recommendation.
The Department of Agriculture, Fisheries and Forestry (DAFF) agrees increasing public information on the source of the incursion is important for public confidence and informing future actions. As was noted in the inquiry, this work may not be conclusive. Releases of information will also need to have regard to the fact that some specific details of the investigations being led by New South Wales Department of Primary Industries (NSW DPI) may lead to formal compliance action. DAFF will work with NSW DPI, on appropriate information releases, noting the origin investigations are not limited to the Williamtown area.
Recommendation 2
The committee recommends that the Department of Agriculture, Fisheries and Forestry review its food import risk frameworks to ensure that they are fit for purpose and that decisions under the frameworks are accelerated where required.
Response
The Australian Government supports this recommendation.
The Department of Agriculture, Fisheries and Forestry is responsible for assessing the biosecurity risks associated with the import of a range of goods from overseas. Regular reviews are undertaken, and risk analyses may be conducted, in response to new information about biosecurity risks, or to an import proposal. These reviews aim to modernise Australia's biosecurity measures for imported products to reflect the current and future trading environment. They take into account new and relevant peer-reviewed scientific information, international standards, relevant changes in industry practices and operational practicalities.
Recommendation 3
The committee recommends that the Department of Agriculture, Fisheries and Forestry prioritises the enhancement of screening and assessment systems to facilitate the timely. processing of mail and cargo entering Australia.
Response
The Australian Government supports this recommendation.
Enhanced biosecurity detection capabilities continue through the deployment and trial of new technology and methods of detection for biosecurity risk material at our airports, air cargo facilities, seaports and mail centres. This enhanced technology is expected to improve the detection of biosecurity risk material when compared to current screening technologies and supports more efficient and accurate assessments on the presence of biosecurity risk material.
Recommendation 4
The committee recommends that the Australian Government consults with freight, shipping, port and biosecurity stakeholders, including Australia Post, to develop priorities for the implementation and funding of new and emerging technologies into mail and cargo biosecurity screening systems.
Response
The Australian Government supports this recommendation.
The Department of Agriculture, Fisheries and Forestry (DAFF) works with industry and partner agencies, both domestically and internationally, on the identification, development and implementation of new and emerging technologies.
Specifically, DAFF engages regularly with international trade and logistics service providers through its Cargo Consultative Committee to consider practical and strategic measures that ensure effective biosecurity outcomes are delivered without unnecessary impediments to trade.
Recommendation 5
The committee recommends the Australian Government, in partnership with industry and state and territory governments, commits to long-term and sustainable funding to the National Bee Pest Surveillance Program.
Response
The Australian Government supports in principle this recommendation.
The Department of Agriculture, Fisheries and Forestry (DAFF) recognises the importance of a sustainable funding model for ensuring the delivery of biosecurity outcomes. DAFF has funded Plant Health Australia to develop a national plant health surveillance co-investment model as part of its scoping of a Nationally Integrated Surveillance System for Plant Pests (NISSPP), and will support the implementation of the NISSPP, once finalised.
The Government also supports Rural Research and Development Corporations (RDCs) with matched expenditure on eligible research and development. RDCs such as Hort Innovation are also funding programs in relation to bee pest surveillance.
Recommendation 6
The committee recommends that the Australian Government reviews the balance between sentinel hives and bait hives as part of the National Bee Pest Surveillance Program.
Response
The Australian Government supports in principle this recommendation.
The Department of Agriculture, Fisheries and Forestry has funded Plant Health Australia (PHA) to develop a national plant health surveillance co-investment model as part of its scoping of a Nationally Integrated Surveillance System for Plant Pests (NISSPP). The government will consider the implementation of the NISSPP, once finalised.
Governments are also considering how the current varroa response experience can help inform future surveillance programs noting that all national cost-shared responses under the Emergency Plant Pest Response Deed (EPPRD) must undertake an after-action review led by PHA and involving both government and industry parties. The outcomes of the review and the response itself will be used to inform the National Bee Pest Surveillance Program.
Recommendation 7
The committee recommends the Australian Government, in partnership with other stakeholders, ensures that adequate funding is provided to the National Bee Biosecurity Program.
Response
The Australian Government supports in principle this recommendation.
The Australian Government recognises the importance of a sustainable funding model for the National Bee Biosecurity Program (NBBP) to ensure the delivery of program outcomes. The NBBP is an industry and government collaborative partnership: Plant Health Australia (PHA) provides national management and governance, the honey bee industry provides funding and resources via a honey levy, and state and territory governments deliver activities and provide regulatory support which includes significant in-kind and financial support.
The responsibility of maintaining the NBBP lies mainly with the state and territory governments as the program focuses largely on management of established bee pests and diseases to maintain the sustainability and viability of Australia's honey bee industry.
The Department of Agriculture, Fisheries and Forestry (DAFF) has recently committed additional funding to enhance the bee biosecurity awareness activities undertaken by PHA through the NBBP, over the next two years, and will continue to consider opportunities in the future for enhancing the program's effectiveness.
Recommendation 8
The committee recommends that the Department of Agriculture, Fisheries and Forestry coordinate a national response to control and manage feral and invasive species to safeguard Australia's biodiversity and environmental biosecurity.
Response
The Australian Government supports this recommendation.
Established pest and weed management is a shared responsibility between landholders, community, industry and governments, noting it is primarily the responsibility of state and territory governments and landholders. The Environment and Invasives Committee, a sectoral committee supporting the National Biosecurity Committee, provides national policy leadership on the identification, prevention and management of invasive species and facilitates collaboration across all levels of government.
The Australian Government, including both the Department of Agriculture, Fisheries and Forestry (DAFF) and the Department of Climate Change, Energy, the Environment and Water (DCCEEW), supports a range of work and provides funding to assist state and territory governments, natural resource management groups, Traditional Owners and land managers to effectively manage established invasive species in Australia. These include the National Landcare Program, National Environmental Science Program, Established Pest Animals and Weeds Program and other grant programs. Established Pest Animals and Weeds programs have committed nearly $160 million since 2015.
DAFF also supports national efforts to control and manage feral and invasive species through:
National action plans for wild dog, feral pigs and feral deer have strong stakeholder involvement and co-investment.
Recommendation 9
The committee recommends that Animal Health Australia and Plant Health Australia broaden their consultations to include all stakeholders from across the supply chain, including transport and livestock transport industries and the retail sector.
Response
The Australian Government notes this recommendation.
The Department of Agriculture, Fisheries and Forestry (DAFF) notes Animal Health Australia (AHA) and Plant Health Australia (PHA) are independent national bodies that are jointly funded by the Australian Government, state and territory government and industry members. AHA and PHA have extensive existing consultation mechanisms, and DAFF will work with them to encourage broader enabling dialogue with stakeholders across the supply chain, including through national preparedness and response exercises. DAFF notes that stakeholders from supply chain sectors are currently not members of AHA and PHA and do not contribute to their operating costs.
Recommendation 10
The committee recommends that the Australian Government work with agencies and industry bodies to ensure appropriate governance and reporting structures are in place to ensure that recommendations arising from simulations and exercises are implemented in a timely way.
Response
The Australian Government supports this recommendation.
Collaboration on the implementation of biosecurity exercise recommendations currently occurs with government response agencies and industry bodies through established fora, such as the National Biosecurity Committee (NBC) and the Biosecurity and Agricultural Emergency Network (BAEN).
This is further supported through collective priority of 'Coordinated preparedness and response' identified through the National Biosecurity Strategy. Strategy implementation planning is underway through a group comprising government and non-government biosecurity stakeholders, including to identify actions that will enhance governance and information flows related to preparedness and response.
Recommendation 11
The committee recommends that the Australian Government increase funding to Animal Health Australia and Plant Health Australia to enable them to appropriately maintain, review and develop funding and compensation arrangements.
Response
The Australian Government notes this recommendation.
Animal Health Australia (AHA) and Plant Health Australia (PHA) are funded by all signatories to the Emergency Animal Disease Response Agreement (EADRA) and Emergency Plant Pest Response Deed (EPPRD). There is a process in place for AHA and PHA to propose these activities as part of their operational plans and seek additional resourcing from all members. The Australian Government contributes one-third of membership fees.
Recommendation 12
The committee recommends that the Department of Agriculture, Fisheries and Forestry consults with the honey bee industry to consider the inclusion of pollination services under the Emergency Plant Pest Response Deed Levy guidelines and legislation.
Response
The Australian Government supports this recommendation.
The Department of Agriculture, Fisheries and Forestry is streamlining and modernising agricultural levies legislation work is developing legislation that (if passed) would enable a framework under which a levy on bee pollination services could be established. The department expects to consult on the relevant draft legislation. In addition to the legislative framework, the establishment of new levies requires a levy proposal supported by the majority of future levy payers to be submitted by industry to government. The department has encouraged Australian Honey Bee Industry Council (AHBIC) to consider the design of a pollination services levy in advance of the new legislation being in place.
Recommendation 13
The committee recommends that the Australian Government conduct a review of national livestock traceability funding and co-funding mechanisms, to ensure they are sustainable, comprehensive, and equitable.
Response
The Australian Government notes this recommendation.
The Australian Government is supportive of national efforts to improve traceability, biosecurity, animal welfare outcomes and notes current work underway by the National Biosecurity Committee. Industry, governments, agricultural supply chain participants and other stakeholders are working together to strengthen our national traceability systems and improve livestock traceability, noting that State and Territory governments are the primary regulators of biosecurity traceability systems that support biosecurity and animal welfare outcomes.
Australia's current livestock traceability systems are world-class and effective, and efforts are ongoing to ensure they remain fit for purpose and able to adapt into the future. There are several livestock and traceability reform processes underway including working towards implementation of electronic identification (elD) for sheep and goats by 1 January 2025. The Department of Agriculture, Fisheries and Forestry is working with industry and government
to ensure these processes are staggered, manageable and deliver the desired outcomes within sensible timeframes, which include consideration of governance structures and funding.
The Australian Government has invested $118.5 million to support the continuous improvement of Australia's agriculture traceability systems. The traceability work program is supporting efforts to enhance traceability systems across agriculture supply chains to safeguard and grow sustainable agriculture, fisheries and forestry for all Australians. This includes:
Recommendation 14
The committee recommends that the Australian Government establish a statutory or regulatory authority responsible for managing Australian livestock traceability.
Response
The Australian Government notes this recommendation.
The government acknowledges that governance arrangements for traceability are important. While statutory and regulatory authorities are options to manage this, traceability arrangements must be considered wholistically and all options should be considered.
All Australian Agriculture Ministers continue to acknowledge traceability is a shared responsibility, and have agreed to work together on national approaches and aligning key traceability initiatives to continue to enhance Australia's already robust traceability systems.
This responsibility also extends to industry including the management of industry owned traceability systems such as the National Livestock Identification System (NUS). The Australian Government has committed $26.6 million to support upgrades to the NUS, and associated activities, to ensure Australia's industry-led national livestock traceability systems remain fit for purpose into the future.
Recommendation 15
The committee recommends the Department of Agriculture, Fisheries and Forestry, in partnership with state and territory governments and the honey bee industry, conduct a feasibility study for a commercial bee hive traceability system.
Response
The Australian Government supports in principle this recommendation.
The Australian Government is supportive of national efforts to improve traceability and biosecurity and notes current work underway by the National Biosecurity Committee, recognising that biosecurity traceability is a jurisdictional responsibility. The Department of Agriculture, Fisheries and Forestry is aware that work exploring beehive traceability systems is underway in some jurisdictions and this will help inform considerations on the feasibility for future traceability systems.
Recommendation 16
The committee recommends that the Australian Government and Animal Health Australia establish a lumpy skin disease vaccine bank for use by Australia in the event of an incursion.
Response
The Australian Government supports in principle this recommendation.
The Australian Government will continue to work with state and territory governments, affected industry parties and Animal Health Australia to determine whether there is merit in developing a national vaccine bank for Lumpy Skin Disease (LSD), as agreed by governments and industry in Activity 5.2.c (Investigate options for the timely supply of LSD vaccines) of the National Lumpy Skin Disease Action Plan. In the interim, the Department of Agriculture, Fisheries and Forestry is working with international vaccine manufacturers to ensure Australia has the ability to access a safe and effective LSD vaccine in an emergency.
Recommendation 17
The committee recommends that the Australian Government negotiate with the United Kingdom Government the ability for researchers from the Australian Centre for Disease Preparedness to access and conduct research on Australia's bank of foot-and-mouth virus vaccine in the United Kingdom.
Response
The Australian Government supports in principle this recommendation.
The Australian Centre for Disease Preparedness advises it has longstanding research collaborations with the World Reference Laboratory for FMD in the United Kingdom, as well as other institutions globally, to investigate the efficacy of antigens held in Australia's FMD vaccine bank against new strains emerging overseas. The Australian Centre for Disease Preparedness will advise the Department of Agrilcuture, Fisheries and Forestry if they require any assistance in changing these arrangements in the future.
Recommendation 18
The committee recommends that the Australian Government coordinate the implementation of a national approach to interstate border control and permitting, and use of a national movement permitting system.
Response
The Australian Government supports in principle this recommendation.
The Australian Government agrees that strong livestock traceability arrangements and 'contact tracing' for livestock are important to Australia's preparedness in the face of the growing threat of exotic animal diseases (including foot and mouth disease).
The Australian Government has committed $46.7 million over three years from FY 2022-23, as part of the 'Bolstering Australia's biosecurity system' package, towards improving national livestock traceability arrangements. Industry and governments continue to work towards a harmonised approach to implementation in terms of key milestones and timelines, to develop a national system to improve reporting.
The National Biosecurity Committee will consider the merits of a national permitting system as part of its consideration of the National Biosecurity Strategy.
Recommendation 19
The committee recommends that the Australian Government coordinate the development of a national network plan and sustainable funding for the establishment of livestock transport infrastructure at rest stops on key livestock freight routes around Australia.
Response
The Australian Government notes this recommendation.
The Department of Agriculture, Fisheries and Forestry will work with the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to consider how best to support preparedness activities through the utilisation of and improvements to_ livestock transport logistics.
Recommendation 20
The committee recommends that the Australian Government conduct industry consultation to determine the feasibility of a Road Transport Management Deposit Scheme.
Response
The Australian Government notes this recommendation.
The Department of Agriculture, Fisheries and Forestry will work with the Department of Infrastructure, Transport, Regional Development, Communications and the Arts to consider the feasibility of a Road Transport Management Deposit Scheme.
Recommendation 21
The committee recommends that the Australian federal, state and territory governments commit to a sustainable biosecurity funding model to reflect the changing risk profile of pests and diseases to Australia's agriculture and environment and overall way of life.
Response
The Australian Government supports this recommendation.
Through the National Biosecurity Strategy, all governments have committed to work together with stakeholders on the development of long-term sustainable funding and investment approaches to support the system's growing needs and priorities. Work is underway—including through a National Biosecurity Strategy Implementation Committee comprising a cross-section of stakeholders—to consider how best to implement the Strategy.
Furthermore, the Australian Government has committed to deliver long-term sustainable funding that will go directly to strengthening Australia's biosecurity system. Noting the Commonwealth is a core contributor to national biosecurity outcomes, options for a sustainable Commonwealth biosecurity funding model are being developed for government consideration. These options are being developed following recent stakeholder consultation in which 55 public submissions were received.
Recommendation 22
The committee recommends the Australian Government, in partnership with animal, plant and environment biosecurity stakeholders, conducts a review of how biosecurity funding is allocated to ensure that it is adequate and equitable
Response
The Australian Government supports this recommendation.
A strong biosecurity system is critical to protecting Australia's economy, environment and way of life. All Australians share the benefits of our biosecurity system, and we all have a valuable role to play in supporting it to continue to protect Australia—overseas, at our border and within Australia.
As noted in Recommendation 21, options for a sustainable Commonwealth biosecurity funding model are being developed for the government's consideration. This will encompass core Commonwealth biosecurity responsibilities and include investment in critical biosecurity systems.
Sustainable system investment more broadly is one of six priority areas outlined in the National Biosecurity Strategy. Advancing co-funding and investment- recognising all stakeholders have a part to play in supporting the system, just as all share in its benefits—is a key early focus for the national committee steering implementation, the membership of which includes industry, community and government biosecurity stakeholders.
Recommendation 23
The committee recommends that the Department of Agriculture, Fisheries and Forestry incorporate an audit of existing skills and gaps in the development of the national biosecurity workforce strategy.
Response
The Australian Government supports in principle this recommendation.·
The Australian Government supports the proposed audit of the existing skills and gaps as a logical step in the development of the national biosecurity workforce strategy. This will be incorporated into the National Biosecurity Strategy which has identified that that additional skills and infrastructure are required to support a more responsive biosecurity system.
Recommendation 24
The committee recommends that the Australian Government support and prioritise biosecurity officers' capacity and capability development to improve border responses and reduce delays for passengers and importers, and improve Australia's overall biosecurity readiness.
Response
The Australian Government supports this recommendation.
The Department of Agriculture, Fisheries and Forestry has invested significantly in the capability of biosecurity staff, including through the investment in the Biosecurity Training Centre and new tailored training packages delivered to staff over the past 18 months. The department, as part of its commitment to a professional and capable regulatory workforce, will continue to prioritise support for biosecurity staff who are making important regulatory decisions at the border.
Training is reviewed and enhanced as needed.
Recommendation 25
The committee recommends that the Australian Government work with relevant industry bodies to design and implement measures to improve the capacity and capability of production animal veterinarians, particularly in rural and remote areas, including:
Response
The Australian Government notes this recommendation.
The Australian Government notes and acknowledges that the initiative to improve the capacity and capability of production animal veterinarians, particularly in rural and remote areas, is a broader challenge in the veterinary industry more generally.
The Department of Agriculture, Fisheries and Forestry (DAFF) has recently participated in, and contributed, to the Animal Health Committee taskforce which is reviewing the National framework for the engagement of private vets during an emergency animal disease response. This is an important initiative which provides a useful platform for engagement on these ongoing challenges.
DAFF has also had recent engagement with the Department of Education who are closely monitoring the efficacy of the Higher Education Loan Program (HELP) debt measures for teachers, and proposed measures for doctors and nurses, to determine whether these initiatives should be expanded to other critical professions such as veterinary science.
DAFF has a particular interest in the strength of Australia's veterinary industry given the contribution this makes to biosecurity and agricultural productivity, and will continue to assist and engage with state and territory governments and the Australian Veterinary Association (AVA) to enhance veterinarian attraction and retention strategies.
Recommendation 26
The committee recommends that government departments, Animal Health Australia and Plant Health Australia consult a wider range of stakeholders from across the supply chain, including the transport and livestock transport sectors and the retail sector.
Response
The Australian Government supports this recommendation.
The Department of Agriculture, Fisheries and Forestry will work with Animal and Plant Health Australia and other, government bodies—such as the departments of Infrastructure, Transport, Regional Development, Communication and the Arts; and Industry Science and Resources—to coordinate dialogue with stakeholders across the supply chain, including through national preparedness and response exercises.
Recommendation 27
The committee recommends that the department, in consultation with stakeholders, coordinate the development of a strategy for biosecurity research development and extension which includes:
Response
The Australian Government supports in principle this recommendation.
As noted in Recommendation 21 -the Australian Government committed to deliver long-. term sustainable funding that will go directly to strengthening Australia's biosecurity system.
The development of options for a sustainable long-term funding model for biosecurity is underway. This has included targeted stakeholder consultation to seek feedback on opportunities for government investment including into systems and technologies that both improve risk management and drive efficiency into the system.
Through the National Biosecurity Strategy, all governments have agreed to work together with stakeholders to create a more connected and efficient system in which we better leverage existing and new technology, research and data to facilitate more timely, informed and risk-based decisions. The Strategy discusses initial work on increased coordination and engagement across biosecurity stakeholders, including research and development bodies, investment in transformative technologies, and encouraging greater private sector investment.
As part of the Statutory Funding Agreements, Rural Research and Development Corporations (RDCs) are required to consider each of the four innovation priorities when making investment decisions.
Recommendation 28
The committee recommends that the Department of Agriculture, Fisheries and Forestry coordinate the development of national data and information standards, and sharing protocols in relation to biosecurity.
Response
The Australian Government supports this recommendation.
The National Biosecurity Committee is developing a national data sharing capability tha_t includes identifying critical data holdings across governments, agricultural industries and commercial data vendors. Assessments will be made on data standards, sharing protocols, policy and legislative constraints, including the role of existing systems to support a national approach for sharing pest and disease data.
Recommendation 29
The committee recommends that Plant Health Australia in partnership with the bee industry and other stakeholders of AUSPestCheck, consider the platform's capability and data sharing arrangements for tracking varroa mite should it become endemic.
Response
The Australian Government supports this recommendation.
Consideration is being given to assessing the role of biosecurity systems, including AUSPestCheck, to support a national approach for collection and sharing of accurate and reliable data to manage biosecurity pests and diseases and export market requirements.
AUSPestCheck is endorsed by National Biosecurity Committee as the national surveillance data system and the department has funded Plant Health Australia to maintain it for the next three years.
Additional Recommendations—Australian Greens
Recommendation 1
The Australian Greens recommends the Australian Government provide specific commentary on the feasibility of a container levy and outline whether it intends to consider introducing one in this term of government.
Response
The Australian Government notes this recommendation.
The Australian Government has made a commitment to bolster Australia's biosecurity system including a long-term sustainable funding model to strengthen the system.
Work is underway to develop options to implement a long-term sustainable biosecurity funding model for the government's consideration. Development has included public and targeted consultation to seek feedback on the current funding model as well as options that have previously been provided to government including various air and sea freight, conveyance, or container levies.
Recommendation 2
The Australian Greens recommend that the Australian Government include discussion of state and territory-based biosecurity issues arising from this inquiry in future Agriculture Minister Meetings.
Response
The Australian Government supports this recommendation.
Australia's biosecurity system is a national asset and the shared responsibility of the Commonwealth, states and territories, and industry. Strengthening biosecurity systems to reflect emerging risks is a significant component of the Agriculture Ministers' Meeting (AMM) work program. In July 2022, AMM approved Australia's first National Biosecurity Strategy.
Biosecurity is one of AMM's 3 priorities for 2023 and it will oversee the implementation of the strategy through the National Biosecurity Strategy Implementation Committee. The AMM and the Agriculture Senior Officials' Committee are the established mechanisms for considering state and territory-based biosecurity issues of national significance, informed by the work of the National Biosecurity Committee.
Recommendation 3
In relation to inquiry Recommendation 22, The Australian Greens recommend that the Australian Government include specific reference to improvements in training, including the feasibility of formalising and expanding the Biosecurity Emergency Response Training Australia initiative.
Response
The Australian Government supports this recommendation.
Through the National Biosecurity Committee (NBC), governments have committed to the development of a system-wide strategy that improves workforce capacity and training. A training approach that is consistent with the wider emergency management sector is important to access additional workforce capacity during a largescale biosecurity incident. This forms part of broader strategic considerations about how the biosecurity system can best leverage the emergency management sector training packages to improve interoperability between response agencies.
Recommendation 4
The Australian Greens recommend that the Australian Government provide an update on the progress of implementation of the National Invasive Ants Biosecurity Plan 2018-2028.
Response
The Australian Government supports this recommendation.
The National Invasive Ant Biosecurity Plan 2018-2028 (NIABP) has been active for four years. Ten of the total 42 actions listed in the NIABP are assigned to the Department of Agriculture, Fisheries and Forestry (DAFF). Five of those 10 have been completed and all 5 were high priority, 4 DAFF actions have been started and 1 is to be commenced. The NIABP is scheduled for a mid-term review in 2023 when remaining actions will be re-prioritised and assigned to DAFF, state and territory authorities, NGOs, and researcher stakeholders.
Recommendation 5
The Australian Greens recommend that the Australian Government publish an update on the implementation of recommendations from the 2017 review of the Intergovernmental Agreement on Biosecurity (IGAB review) and the reports of the Inspector-General of Biosecurity.
Response
The Australian Government supports this recommendation.
In late September 2022, the National Biosecurity Committee (NBC) committed to undertake a stock-take of the IGAB review report recommendations to determine their current status and to align implementation activities with work underway to implement the National Biosecurity Strategy.
Updates on the Department of Agriculture, Fisheries and Forestry's progress addressing and implementing recommendations made by both the Inspector-General of Biosecurity and the Australian National Audit Office are published within the Commonwealth Biosecurity 2030 annual action plans.
Recommendation 6
The Australian Greens recommend that the Australian Government establishes a Productivity Commission inquiry into the economic and environmental benefits of long- term control of feral animals.
Response
The Australian Government does not support this recommendation.
State and territory governments hold the legislative responsibility for the management of feral animals in Australia. The Australian Government provides support, including funding, for management where this is in the national interest or on Commonwealth land.
The Australian Government uses a variety of funding models to assist state and territory governments, natural resource management groups, Traditional Owners and land managers to effectively control feral animals in Australia, reducing impacts to provide economic and environmental benefits. These include the National Landcare Program, National Environmental Science Program, Supporting Communities Manage Pest Animals and Weeds Program and other grant programs. These programs have reporting and review mechanisms.
With the Australian Bureau of Agricultural and Resource Economics and Sciences (ABARES) we continue to work to improve understanding of the distribution, abundance, as well as impacts (including economics) of established pest animals on primary production and the environment.
That the Senate take note of the government response to the Rural and Regional Affairs and Transport References Committee's report.
Migration Amendment (Strengthening Employer Compliance) Bill 2023
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
There is a crisis of exploitation in Australian workplaces. Too many workers are forced to confront vulnerability created by our visa system.
This means more wage theft for workers. Australians and people ,who hold temporary visas alike.
People too terrified to speak out when they are mistreated. We all know this happens.
There is clear evidence of the systemic nature of exploitation in Australia's labour market. Unscrupulous employers and facilitators have misused visa rules to exploit workers.
According to a recent report by the Grattan Institute, up to one in six recent migrants are paid below the minimum wage.
Another report from Unions NSW released today found over one in five workers are paid a lower salary because of their visa status or nationality.
So, it's not just a bad apple or two. The Government is particularly concerned about the vulnerability of people who hold a temporary visa.
Empty promises of permanent residency, wage theft, sham contracting, threats of a phone call to the Australian Border Force, stories where people have had their passports locked away, been sexually harassed and sexually assaulted.
The list of behaviours is almost endless.
Most exploitation happens in entry level jobs with lower wages. Yet we know those who are paid more can also be vulnerable because of their visa conditions.
Those who have done the wrong thing are diverse, from local bubble tea outlets in suburban shopping centres to global ICT multinationals headquartered in Sydney.
Regardless if you are working retail or developing software, regardless if you are born in Australia or have chosen Australia, the Albanese Government believes no worker should be penalised for speaking up.
And the exploitation of those who hold a temporary visa doesn't just hurt the individual worker, it drives down wages and worsens conditions for all workers. It impacts all of us.
Exploitation also harms those employers who do the right thing. I know there are so many employers out there who seek to do the right thing. But they face unfair competition because too many choose to under pay a worker.
We have to stop this race to the bottom.
This Bill enhances the ability of Australia's visa system and enforcement regime to combat worker exploitation with a particular emphasis on targeting employers and third party facilitators who misuse our migration program and the rules designed to support it.
This Bill aims to strengthen employer compliance and ensure that law-abiding Australian employers are not undercut by unscrupulous competitors.
This Bill will implement recommendations 19 and 20 of the Report of the Migrant Workers' Taskforce, and includes several additional measures.
Importantly, it will help remove barriers that stop exploited temporary migrant workers from speaking out and seeking support.
This is an election commitment of the Albanese Government. And we are keeping our word.
The Migrant Workers' Taskforce should have been actioned earlier, as it was delivered by Professor Allen Fels to the then Government in 2019.
New criminal offences
In its Report, the Migrant Workers' Taskforce recommended making it an offence for a person to knowingly pressure, influence or coerce a worker to breach a visa condition.
This Bill will implement this recommendation. It will be a criminal offence to coerce someone into breaching their work-related visa conditions.
Employers who deliberately coerce vulnerable workers must face the consequence.
We are also going further.
It will be a criminal offence to use a worker's visa status or a future work-related visa requirement to coerce or unduly pressure a person into accepting an exploitative work arrangement.
The Bill also includes an additional criminal offence and associated civil penalty provision for a person who unduly influences, unduly pressures or coerces an unlawful non-citizen to accept an arrangement in relation to work.
This new offence makes it clear that it is never acceptable to use a person's immigration status to exploit them in the workplace, whether they are lawful non- citizens or unlawful non-citizens.
This new offence builds on existing provisions in the Migration Act, which already make it an offence to employ an unlawful non-citizen. It does so by appropriately penalising unscrupulous employers for taking advantage of vulnerabilities associated with the 'migration rules'.
Prohibition measure
The Taskforce Report recommended exploring mechanisms to exclude employers from employing further workers who hold a temporary visa for a specified period of time where they have been convicted by a court for underpaying migrants.
We are doing that.
The new prohibition measure will be introduced to prevent employers and other third parties from hiring any temporary visa holders where they have exploited workers.
At the moment, the only bar under the Migration Act on hiring is for sponsored workers, such as those who· hold a Temporary Skill Shortage visa. The new measure will prevent prohibited employers from hiring non-sponsored workers who hold any form of temporary visa, such as international students_.
This prohibition will be in place for a specified period of time and a list of prohibited employers will be published on the Home Affairs website.
This prohibition is necessary to protect workers from employers who have engaged in serious, deliberate or repeated non-compliance with their obligations.
Prohibition notices will be triggered by breaches under both the Migration Act and the Fair Work Act, as well as certain offences under the Criminal Code.
The Albanese Government wants to ensure employment law and migratlon law work towards the same goal, that they are not pulling in opposite directions.
Triggers include remuneration related non-compliance, but they also extend to other forms of exploitation, recognising the corrosive behaviour of some unscrupulous employers.
And _it will be a criminal offence where prohibited employers have been found to have employed an additional worker on a temporary visa whilst prohibited.
The decision to prohibit will be a decision for the Minister for Immigration, Citizenship and Multicultural Affairs or Minister for Home Affairs and it can be delegated to a relevant decision maker. I will be consulting and collaborating with my colleagues on how the Fair Work Ombudsman can play a role in this process.
The Bill provides that before the Minister, or delegate, declares a person to be a prohibited employer, the Minister must give the person a written notice:
This gives the employer an opportunity to respond to the notice and outline any extenuating circumstances to be considered as part of that decision making process.
Given the seriousness of these penalties, this Bill also provides that the Minister must consider any written submission made by the person.
Also, that the Minister must also consider any criteria prescribed in the Migration Regulations, for example:
This is a really significant measure. In industries where exploitation is particularly widespread—such as accommodation, food services, cleaning, and construction—this is a necessary step to show we can tackle exploitation where it is most prevalent.
It demonstrates that the Albanese Government is committed to protecting workers from employers who have broken the trust of our community.
Increasing pecuniary penalties and civil penalties
This Bill also increases the penalties for unscrupulous employers misusing our migration programs and misusing migration rules.
For penalties to have a deterrent effect, they must be set at a level that actually deters people from offending.
This Bill will see penalties under the Migration Act significantly increased to better deter these unscrupulous employers.
Increasing penalties reflects the significant damage that the actions of unscrupulous employers can have on Australia's visa program integrity, and public confidence in our migration system more broadly.
We need to make sure employers think twice before deciding to ignore their obligations under the Migration Act.
Migration Act enforceable undertakings and compliance notices
At the same time, we understand that some employers can make mistakes. That is why we are enhancing the compliance and enforcement framework in relation to work-related offences under the Migration Act.
This Bill will give the Australian Border Force tools to work with employers to better support them to do the right thing.
Enforceable undertakings and compliance notices will address non-compliance by encouraging voluntary compliance, as an alternative to pursuing punitive court proceedings, where it is appropriate to do so.
These Migration Act tools provide for an escalating range of measures to be used when employers fail to comply with the law.
R epeal of section 235
For people who have been exploited, the Migration Act has criminalised speaking out.
Section 235 of the Migration Act creates a criminal offence for a visa holder to work in breach of a work-related visa conoition or for an unlawful non-citizen to work at all.
However, this criminal offence has not been prosecuted since it was introduced over two decades ago.
A major issue raised by stakeholders is that Section 235 of the Migration Act has undermined the ability of workers on temporary visas to have recourse to their rights under certain workplace laws such as workers' compensation laws.
A key element of this Bill is to repeal this offence.
We understand that workers are afraid to speak out because if they do so, they would be liable for prosecution for this offence.
We recognise that section 235 acts as a barrier for them to report exploitation.
Beyond this, section 235 has seen other unintended consequences.
Despite not being prosecuted since introduction, the mere presence of section 235 has resulted in adverse effects for non-citizens, even when they have not been prosecuted for this offence, such as in cases of workers' compensation.
The national workplace relations system and other workplace laws should apply to workers in Australia, regardless of their immigration status. This is critical for the protection of all workers in our community.
We are repealing this section to assist in closing this loophole that gives unscrupulous employers leverage over vulnerable non-citizens.
This Bill also introduces an avoidance of doubt clause for the remaining work-related offence provisions to further assist in closing this loophole.
The aim of the avoidance of doubt provision is to resolve potential unintended consequences associated with breaches of work-related visa conditions that may lead to the interpretation that a 'contract of or 'contract for' service is void—inadvertently contributing to the abrogation of employer responsibility to provide workplace rights and entitlements.
Other amendments
The final substantive measure included iri this Bill is the introduction a power to permit the Migration Regulations to prescribe matters to be taken into account in a decision whether or not to cancel a visa under section 116 of the Migration Act, as well as the weight to be given to those matters.
Some will be aware of the Assurance Protocol, introduced in 2017.
The Assurance Protocol is a commitment between the Department of Home Affairs and Fair Work Ombudsman that a worker who holds a temporary visa will not have their visa cancelled for breaching a work-related visa condition if certain criteria are met.
While the intent of the Protocol is positive, it. has clearly failed to provide the assurance necessary to encourage people to speak up.
Since 2017, there have been only 79 referrals under this initiative. Clearly it has not inspired the necessary trust among exploited workers.
Stakeholders have told me that the reason they don't trust this initiative is because it is not transparent and because it is not legislated.
It is too secretive to instil the necessary trust and confidence.
The final measure included in the Bill will allow the Albanese Government to make regulations to legislate the protections that are currently only available under policy.
I have instructed my Department to work with industry, union and civil society organisations to consider the protections available to workers who hold temporary visas to encourage them to speak out when they face exploitation in the workplace.
Just this week they have come together to work through the existing settings and consider whether other protections are needed. I thank those in business, civil society, unions, researchers, legal practitioners and other experts who have participated in these important conversations.
I intend to consid.er their advice—in consultation with my colleagues—and together we will ensure the protections achieve an appropriate balance, encouraging workers to come forward and report exploitation while also maintaining the integrity of our visa programs.
The measures in this Bill will help give people confidence to speak out and seek help without fear of visa cancellation.
Role of ABF
This Bill creates new powers, new penalties, and a new approach to tackling the exploitation of workers who hold a temporary visa in Australia.
Alongside the measures in the Bill, the Albanese Government recently increased funding for immigration compliance in the 2023-24 Budget.
This recognises the important role of the ABF in compliance and enforcement.
For too long, the consequences for doing the wrong thing have been a slap on the wrist. The chance of getting caught, far too small.
So I want to make it clear. The ABF will be out there enforcing the law when it comes to those employers who choose to the do the wrong thing.
Those who seek profit at the expense of paying workers a fair and legal wage.
Those who do the wrong thing will be found. And they will be· penalised.
Closing remarks
So many workers who hold a temporary visa make a significant commitment when they leave their home to come to Australia.
This commitment involves a leap of faith which is characterised by both opportunities and inherent risks associated with moving to a new environment, away from the normal supports of family and pre-existing relationships in the workplace and beyond.
This commitment requires them to adapt to new working environments, new laws and for some, a new language. Australia has for decades benefited from migrants that have demonstrated resilience, hard work, and who have made substantial contributions to our country.
We all witnessed this first hand during the pandemic. People who held visas stacking shelves, delivering essential care, staffing hospitals, and delivering food.
I believe there is a greater appreciation today in this country for people who hold temporary visas than there has been in the past.
It is unconscionable that some employers target these very workers as cheap and exploitable labour.
It is unacceptable.
So many of these workers contribute to important jobs across the country.
This Bill recognises to that when people vulnerable to exploitation are mistreated, we all suffer. It recognises the contribution being made by so many workers and the importance of addressing the corrosive nature of exploitation in workplaces across the country.
Additionally, the Bill acknowledges that Australia can't take for granted being a destination of choice for prospective migrants. We are in a global competition for talent.
And it is critically important for the Government to demonstrate its strong commitment to addressing worker exploitation, because this is the right thing to do, and because it is squarely in our national interest.
This Bill reflects the Government's strong principle that approaches to employment and migration will work side by side to address exploitation. The Fair Work Act and the Migration Act will work together to protect workers, regardless of their visa status.
We cannot build our nation on the back of those being exploited.
Strengthening employer compliance with the requirements of the Migration Act.
The Bill will do what it says it does.
I commend this Bill to the Chamber.
Greenhouse and Energy Minimum Standards Amendment (Administrative Changes) Bill 2023
… such a closure—
at that time would expose the state to possible blackouts and further price increases.
NSW premier Chris Minns said affordability and guaranteeing electricity supply was paramount.
One of the biggest challenges facing NSW is ensuring we can keep the lights on while managing the biggest change in energy mix and consumption in the shortest period of time in our nation's history.
That the question be now put.
The Senate divided. [17:30]
(The President—Senator Lines)
The Senate divided. [17:34]
(The President—Senator Lines)
Housing Australia Future Fund Bill 2023
National Housing Supply and Affordability Council Bill 2023
Treasury Laws Amendment (Housing Measures No. 1) Bill 2023
We cannot underplay the sense of urgency for social and affordable housing … We're playing catch up from over a decade of inaction and the fund should only just be the start.
It's absolutely urgent. It's one of the biggest issues, I believe, facing Australia as a nation.
… I have seen how this country treats poor people. I've been on the receiving end of it long enough to have had a gutful, and it regularly makes me think, 'Hey, maybe death might not be such a bad idea.' I was born in 1994, and the policy of the government—by which I mean every government in my lifetime—has been to break us down and then pay someone a hell of a lot of perfectly good taxpayer money to do nothing except tell us that you're going to starve us if we don't drag ourselves back up by our bootstraps.
I'm on Jobseeker with a reduced capacity to work due to chronic illness and disability. I live on 330 dollars a week. It was hard to survive before inflation hit but now it's devastating.
I'm great at budgeting but now budgeting means not buying the basics. It means rationing out food to last a fortnight. If I've budgeted well I can eat one meal a day. If another expense comes up I have to choose which days I need to skip food completely. I try to choose days I have no appointments so I can sleep through the hunger.
In November last year I was diagnosed with scurvy and malnutrition. Let that sink in. A country as wealthy as Australia and I'm unable to eat enough good food to get the nutrients I need to live. This has a devastating effect on my health. How can I possibly get work-ready when I can't afford to live? Yet jobseekers are expected to be able to find employment under these conditions.
My rent has just gone up $60 a week. This is after a $35 a week increase the previous time. $95 in 13 months is more than a 25 per cent increase. Once I pay the new rent and allocate my fortnightly bills—I add up all my bills for the year and divide by 26 to make sure I have enough to pay them all—I have $18 left over for food and everything else. I, therefore, shop at a foodbank and purchase out-of-date food to eat. There is very little fresh fruit and veggies, and my bloodwork now indicates my heightened cholesterol—something I've never had in my whole life. I also have severe anaemia, but cannot afford iron tablets. Rent is well over half of my income. A $2 a day increase doesn't even cover my rent increase, let alone everything else.
My neighbours had their lease renewal withdrawn after they asked to negotiate a $40 a week increase. Another set of neighbours left their property after a similar increase to mine. That was three working individuals who could no longer afford the rent. But with me on income support and only .4 of a per cent vacancy rate where I live I knew that I would be homeless if I asked to negotiate. No owner is going to want a renter on Centrelink benefits because they know that they will struggle to pay the rent, despite my personal history of always paying on time. My greatest fear is becoming homeless, and one more rent increase will result in that.
… the Council will build a strong evidence base to support the Commonwealth in developing housing policy and positioning the Government to closely collaborate with the States and Territories on increasing housing supply and improving housing affordability.
… the confidence in the property market at the moment has taken a real hit because of some politicians playing games. If we look at rent control in other OECD cities around the world, it's been an unmitigated failure. I can send you the reports around rent freezes and rent control—Berlin, San Francisco and New York. Dublin even had a crack—even Russia. Berlin had a crack, and it didn't work.
… inflation is already running at an annual rate of 7 per cent and more than one in every four dollars spent in the Australian economy is by a state, territory, local or federal government—
Increasing the amount of money going into real estate by facilitating access to super savings pre-retirement will not improve housing affordability. It would increase demand for housing and … would actually drive up house prices by more.
Young people need their super for retirement, not to try to take pressure off an urban housing bubble …
The current, Australia-wide shortage of building materials and skilled trades is impacting the residential construction industry in Western Australia.
Supply of building materials has been affected by the COVID-19 pandemic and increased building activity following the State and Federal stimulus grants. It has impacted everyone in the supply chain, from manufacturers and suppliers to contractors, subcontractors and home owners. There is also a genuine labour shortage.
While this can be frustrating for all involved it's important to understand the current market and be aware of likely delays, outside of builders' control.
A dysfunctional planning system and huge labour shortage will cripple the Albanese government's target of 1.2 million new homes in the next five years …
Nigel Satterley, the prominent West Australian developer, said only half of those homes would be finished—between 600,000 and 650,000, "if we're lucky"—because of a lack of workers to build them.
In pursuing its housing plan, the government has announced it intends to establish the Housing Australia Future Fund. The HAFF would borrow $10 billion to give to the Future Fund to invest on its behalf. The investment returns on this $10 billion, to an annual limit of $500 million, would then be used to support new social and affordable housing. Whether federal investment in the provision of social and affordable housing is an appropriate policy or sufficient priority is a valid debate to be had. But pretending—
that such a policy can be financed without cost or risk to the budget or taxpayers is an invitation to economic calamity. If public finance were as simple as government borrowing money to invest so that returns can be spent, why not borrow $10 trillion to invest and eliminate most taxes?
The economic arithmetic behind the HAFF appears questionable from the start.
The main problem is shortfalls of materials and particular shortages of workers. Right now, we're having trouble trying to build something like 165,000 dwellings a year. The reality is we need at least 220,000 to keep up with the underlying demand. It's all pie in the sky if we don't have the means to build them.
We find that first generation rent control, or a "rent freeze", would be a poor response to the real challenges facing Australia's housing system, almost certainly making the problem worse for those in real housing stress. Freezing rents has been shown to reduce supply at the lower end of the market, as investors shift to higher-yield property development and withdraw more affordable properties from the market altogether.
In the medium- to long-term, increasing social housing stock is critical to resolving rental unaffordability and insecurity.