The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 09:00, made an acknowledgement of country and read prayers.
Competition and Consumer Amendment (Continuing ACCC Monitoring of Domestic Airline Competition) Bill 2023
I think the fact that Qantas is able to capture 80 per cent of the profit pool means that they are [inaudible] the strongest player, and massively dominant, like a monopolist. Qantas quite clearly are the price leaders and they seem to have led the prices up. They control the market, and everyone else gets the scraps.
… the path was lengthy. This project took from late 2009 until early 2023 to come to fruition. That tells you the barriers to entry in Australia—
It is a sad indictment of the existing duopolistic environment that, although we would have very positive conversations with potential Australian investors, they would conclude—
'This sounds great, and we believe in the scale of the opportunity, but unfortunately the incumbents will not allow you to prosper.' That is a sad indictment of the competitive nature of this market segment.
Going back to your point about the barriers to entry, when you have constrained slots—
and other entry issues, such as access to a choice of suppliers, it slows down growth and the ability to accelerate and achieve economic efficiencies so as to continue to be viable.
After showing signs of improvements earlier in the year, the latest rates of flight cancellations and delays have gotten worse and remain poor compared to long-term industry averages. The industry cancelled 3.9% of flights in April 2023, compared with the industry long‑term average of 2.1%. Jetstar continued to perform significantly worse than the rest of the industry. It cancelled 8.1% of flights in April, more than double the rate of the other airlines.
The industry reported that only 71.8% of flights arrived on-time in April, well below the industry long-term average of 81.5%.
The duopoly market structure of the domestic airline industry has made it one of the most highly concentrated industries in Australia, other than natural monopolies. The lack of effective competition over the last decade has resulted in underwhelming outcomes for consumers in terms of airfares, reliability of services and customer service.
Mr Morrison refused to meet us, and I can remember that quite clearly. It's very hard to explain that we actually felt abandoned by the government of the time because nobody would meet with us, except for the—
opposition. The—
government offered no support, and they continued to praise Qantas and say that it was a decision for Qantas. That feeling of abandonment was quite striking. I can remember, many times, various politicians and prime ministers saying, 'We will govern for everybody,' and we just felt that nobody wanted to tackle Qantas. We were left to sink or swim until … the—
opposition came in, as well as the TWU, and started supporting us.
Scott Morrison, as I said before, refused to meet with us. Michael McCormack did meet me once. He said he could look for some support service hotlines for us. I also remember quite clearly that he told me the best thing that ever happened to him was being retrenched in his early 40s. I thought at that time, 'It may have worked for you, but it's not working for a lot of my colleagues.' I thought it was rather a strange comment.
It seems quite strange to say, but the gentleman who we met with that day seemed more interested in telling his own story than listening to our story. That was the common consensus amongst the other delegates who attended that meeting that day.
When our now government was in opposition, they did also support us many times about the outsourcing, through private meetings and also in the media …
… … …
As a group of baggage handlers we had the opportunity to talk to Mr Albanese, Catherine King, Tony Burke, Kirsty McBain … Linda Burney—
Environment Protection (Sea Dumping) Amendment (Using New Technologies to Fight Climate Change) Bill 2023
We have introduced the legislation to enable that—
Labor supported passing special legislation that would allow Santos to send carbon dioxide from Australia to the Bayu-Undan oil and gas field in the Timor Sea.
The risks of leaks and pollution occurring in the development and any project phase are very real, as shown by the world's biggest CCS plant in operation Chevron's Gorgon project off the coast of north-west WA. Each year it leaks millions of tonnes of high methane greenhouse gas pollution that it promised would be sequestered below the ocean floor.
… pollution of the marine environment from the placement of wastes or other matter for that activity would, as far as practicable, be prevented or reduced to a minimum …
The health of the planet's oceans, and human survival, are intrinsically linked.
The world's oceans are absorbing mind-boggling amounts of excess heat resulting from human-induced global warming.
By absorbing so much heat, the ocean has lulled us into a false sense of security, masking the true extent of human interference in the climate system. It is now beginning to buckle, with serious consequences.
The oceans are also absorbing more than 30 percent of the extra carbon dioxide emitted from human activities, slowing its build-up in the atmosphere. However, as emissions rise, the ocean will become less effective as a carbon sink.
Abrupt and concerning changes to the ocean are now starting to outpace scientific predictions. Experts are deeply worried—
In a survey of 30 ocean and climate scientists around the world, more than half said ocean changes are occurring faster than models projected.
Almost two-third … said ocean surface temperature changes are happening faster than expected and more than half … said loss of Antarctic sea ice is happening faster than expected.
Every scientist surveyed expressed extreme or very high levels of concern about the impact climate change is having on the world's oceans.
Marine heatwaves are becoming more severe and frequent, with devastating consequences for iconic coral reefs—
kelp forests—
and other marine ecosystems.
The incidence of marine heatwaves has doubled since the 1980s.
Marine heatwaves have already caused mass deaths of key species along 45 percent of Australia's coastline. Australia's giant kelp forests have declined—
Parts of the ocean could reach a near permanent heatwave state by the end of this century, unless urgent action is taken to reduce fossil fuel emissions.
Coastal communities across Australia and the Pacific are all threatened by warming oceans and ocean acidification, from robbing us of our big ocean playground, to decimating entire communities.
Global sea levels have risen 20cm since the start of the 20th century, with the rate of rise accelerating.
Australia's … sandy shorelines are projected to retreat by around 100m by the end of the century.
Low-lying Pacific atoll nations face threats to habitability and food security from sea level rise.
the size of Sydney rock oysters.
Urgent action is needed to protect our oceans and limit warming, starting with rapidly phasing out coal, oil and gas.
and reach net zero by 2035.
They are sensible reforms, and they are designed to ensure that Australia's largest emitters remain competitive in a global economy that is decarbonising.
I'm sure you're all aware of the sexism that comes with playing a female sport.
All female sports are looked down upon and viewed as weak. Netball is almost only female, especially when it comes to professional leagues. Some boys think this is because it is 'too easy'.
If you're a girl and you play sport, you're going to be a laughing-stock. It is the sad truth all female athletes must face, no matter how painful it is, no matter how much it makes you want to quit and give in to what they say.
But you cannot give them that satisfaction. Use it to fuel yourself, to play your sport and wear it as a badge with pride, and use it to play your sport with more passion and power.
This is a side of sport they don't like to show, the fact that most guys who play sport look down and laugh at the girls who play sport no matter how good they are. I've experienced this many times already and I'll continue to experience this. I do hope this changes, but there will always be people like that and, unfortunately, I don't think me or any other girls who play sport at my age or older will be able to see a day where we share an equal playing field in sport.
That so much of standing and sessional orders be suspended as would prevent Senator Waters from making a three-minute statement on chamber procedure.
Senator Faruqi, I will tell you again: if you don't see yourself as loving this country and abiding by the laws of the country, I have no problem. I will actually take you to the airport and put you on a plane and wave you away …
We heard Mehreen Faruqi's disgust of Israel and what they have done to protect themselves. Through their retaliation they said: 'We've had enough. We've have had a gutful of this,' and now they are defending themselves. Good on them; I don't blame them. But the fact is that it's a pity that Mehreen Faruqi didn't—
… didn't look at what Pakistan did to two million Afghan people there. They just went in, bulldozed their homes, said, 'Go back to Afghanistan.' What about those people?
Where is the fear for them? Oh no, that's right: Pakistan is the country that she came from, so we can't criticise the Pakistanis, can we? No, not at all.
Senator Faruqi, I will tell you again: if you don't see yourself as loving this country and abiding by the laws of the country, I have no problem. I will actually take you to the airport—
That the question be now put.
The Senate divided. [14:18]
(The President—Senator Lines)
That the Senate take note of the explanation.
That the Senate take note of the answers given by ministers to questions without notice asked by Opposition senators today..
That the Senate take note of the answer given by the Minister representing the Minister for Immigration, Citizenship and Multicultural Affairs (Senator Watt) to a question without notice I asked today relating to immigration.
That the Senate take note of the answer given by the Minister representing the Prime Minister (Senator Farrell) to a question without notice I asked today relating to domestic and family violence.
In speaking to that debate at that time, President, I made a plea to all senators—particularly those at that end of the chamber—to stay out of the gutter, to rise above the Twitterverse, and to play the ball, not the person.
That the Senate take note of the explanation provided to the Senate by the Minister representing the Treasurer on the failure of the government to comply with the resolution of the Senate Economics Legislation Committee.
… we have just received questions on notice from Treasury that were asked at the last estimates, and to be honest it's outrageous and quite frankly almost contemptuous that we should be receiving those questions on notice less than 24 hours before they appear again.
I do understand there are 11 questions on notice that haven't been answered. I apologise to the committee for not having done that. We'll do our best to get those answers to you quickly.
Yes, I think—and you have heard from officials—that answering questions in the time that's provided by committees is really important. … Also, I do hear the commitments from Treasury to continue to work to improve that response time.
… whether there have been, for either the Treasury or Treasury ministers, any briefings, discussions, calls, meetings or contacts at a ministerial level with the Victorian government on this issue already or whether there are any planned?
Treasury is not aware of any briefings, discussions, calls or meetings between the Treasury or Treasury Ministers and the Victorian Government on the recent tax changes announced in Victoria’s 2023-24 Budget.
Has Treasury done an internal response to the 5-year Productivity Inquiry as it relates to infrastructure?
Treasury has not developed a single internal response to the Productivity Inquiry report, Advancing Prosperity , including as it relates to infrastructure.
While it is appropriate to take questions on notice if the information sought is not available or incomplete, officials should not take questions on notice as a way of avoiding further questions during the hearing.
If officials have the information, but consider it necessary to consult the minister before providing it, they should state that as a reason for not answering rather than creating the impression that the information is not available.
That leave of absence be granted to Senator Reynolds for 8 November 2023 for parliamentary reasons.
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Monday, 27 November 2023:
(a) any correspondence between the Victorian Treasurer and the Federal Treasurer, since 1 June 2022, on the potential and/or actual impact on the forestry sector of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023, and related matters;
(b) any correspondence between the South Australian Treasurer and the Federal Treasurer, since 1 June 2022, on the potential and/or actual impact on the forestry sector of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023, and related matters; and
(c) a copy of any modelling undertaken by the Treasury on the potential and/or actual impact on the forestry sector of the Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023.
The Senate divided. [17:00]
(The President—Senator Lines)
That there be laid on the table by the Minister representing the Treasurer, by no later than midday on Thursday, 16 November 2023, any briefing notes, file notes, emails or other records of interaction, since 23 August 2023, between:
(a) the Treasurer or his office and the Department of the Treasury;
(b) the Assistant Minister for Competition, Charities and Treasury or his office and the Department of the Treasury; or
(c) the Treasurer or his office and the Assistant Minister for Competition, Charities and Treasury or his office;
in relation to:
(d) the selection and appointment of the Competition Taskforce expert advisory panel as referenced in the Treasurer's joint media release with the Assistant Minister for Competition, Charities and Treasury on 30 October 2023; or
(e) the first meeting of the Competition Taskforce expert advisory panel on 30 October 2023.
The Senate divided. [17:08]
(The President—Senator Lines)
The Senate divided. [17:12]
(The President—Senator Lines)
That the Australian Education Amendment (2023 Capital Funding) Regulations 2023, made under the Australian Education Act 2013, be disallowed [F2023L01064].
The Senate divided. [17:16]
(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:
With the overwhelming vote against the voice to Parliament, Australians have stated they don't want division; welcome to country ceremonies and acknowledgements of country are divisive, denying the citizenship and sovereignty held by all Australians regardless of race, and should be abandoned in Australian parliaments, council chambers and from any official government proceedings.
… they've taken our ceremonial process and demeaned it by throwing it out there every day in every aspect of what Australian people do. And I think that is culturally wrong.
A Proposed Law: to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.
Do you approve this proposed alteration?
Australians all let us rejoice,
For we are one and free …
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
High inflation makes life difficult for everyone, damages the functioning of the economy, erodes the value of savings, hurts household budgets, makes it harder for businesses to plan and invest, and worsens income inequality, which demonstrates the urgent need for the Albanese Labor Government to come up with a plan to get inflation under control.
I actually think that what they're doing at the moment is good.
I actually think that what they're doing at the moment is good.
As Chair of the Senate Standing Committee for the Scrutiny of Bills, I rise to speak to the tabling of the committee's Scrutiny Digest 13 of 2023 .
The Digest contains the committee's assessment of all bills recently introduced into the Parliament.
Scrutiny Digest 13 of 2023 reports on the committee's consideration of 14 bills which were introduced into the Parliament between the 16th and the 20th of October. The committee has identified scrutiny concerns in relation to 6 newly introduced bills.
I would like to draw the Senate's attention in particular to the committee's comments on the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (the Fair Work Bill)and the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 (the Hate Symbols Bill).
In relation to the Fair Work Bill, the committee is concerned that certain powers in the bill will be infringing upon this Parliament's ability to maintain oversight of the executive's actions.
The bill provides that a number of determinations made by the Fair Work Commission will be legislative instruments which are exempt from disallowance. Disallowance is the primary means by which the Parliament exercises control over the legislative power that it has delegated to the executive. As such, the committee is requesting the Minister for Employment and Workplace Relations' advice as to why this exemption is appropriate. Similarly, the committee has noted that the bill provides for digital labour platform deactivation code and road transport industry termination codes to be made by legislative instrument. These are significant matters being set out in delegated legislation that is not subject to the same full range of parliamentary scrutiny applies to primary legislation. The committee has also requested the minister's advice as to the necessity and appropriateness of leaving these matters to delegated legislation.
The committee is also concerned that aspects of the bill trespasses on personal rights and liberties. The committee has commented on a number of provisions that raise concerns including: the imposition of penalties on conduct undertaken prior to commencement of the bill; significant penalties for offences with strict and absolute liability elements; the abrogation of the privilege against self-incrimination; and procedural fairness. These matters relate to fundamental common law rights that should only be limited in exceptional circumstances. The committee has requested the minister's detailed advice as to the necessity and appropriateness of these provisions.
The committee has also reiterated its concerns regarding the Hate Symbols Bill in a response entry following correspondence received from the Attorney-General. In Scrutiny Digest 9 of 2023 , the committee noted that the bill raised a number of concerns relating to trespasses on personal rights and liberties.
These included various reversed evidential burdens which require the defendant to adduce evidence as to certain matters. At common law, it is ordinarily the duty of the prosecution to prove all elements of an offence beyond reasonable doubt, and these reversed evidential burdens of proof subvert this important common law protection.
The committee also raised concerns in relation to provisions that are drafted in broad terms that may result in the criminalisation of ordinary behaviours. In this Digest, the committee has requested the Attorney-General's further justification as to the imposition of reversed evidential burdens and the use of broad offence provisions that are not defined with sufficient specificity, such as the term 'access'.
Additionally, the committee remains concerned at the increasing trend of limiting parliamentary oversight. This Parliament should be concerned that instruments made under the bill proscribing terrorist organisations are exempt from sunsetting. The committee has again asked the minister to justify this exemption from sunsetting and the significant limits these place on the ability of parliament to review subsequent instruments. Disallowance is an effective tool but exempting instruments from sunsetting means that parliament is only limited to a single opportunity for scrutiny.
On that note, the committee has also drawn this matter to the attention of the Scrutiny of Delegated Legislation Committee
With these comments, I commend the committee's Scrutiny Digest 13 of 2023 to the Senate.
(a) the interaction and efficacy of compulsory access and acquisition powers and responsibilities of Commonwealth, state and territory governments;
(b) the adequacy of Commonwealth, state and territory legislation, policies, programs, schemes and funding relating to compulsory access and acquisition of land (including an interest in land) from landholders;
(c) the provision, and disbursement, of compensation under Commonwealth, state and territory governments' compulsory access and acquisition legislation and policy;
(d) identifying best practice approaches to the development and implementation of a fair national approach to compulsory access and acquisition consultation and compensation;
(e) measures required to secure the rights of landowners, farmers and fishers to maintain and safeguard the continued productivity of agriculture and fisheries, including emergency management; …
(f) the efficacy of consultation processes between Indigenous landholders, farmers and fishers, and Commonwealth, state and territory governments and energy companies seeking to compulsorily access or acquire agricultural, Indigenous, National and marine parks, and protected environmental lands; …
Vaping is a public health menace that is targeting young Australians.
… … …
The enormous volume of suspected unlawful vaping products seized in this campaign alone demonstrates the challenges we face in tackling this issue …
The reforms being introduced by the Albanese Government will be pivotal to decreasing vaping rates in Australia and the harm it represents, especially to our young people.