The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
That the Senate take note of the document.
If Bill Shorten wants to remove people from the NDIS, he can do it.
What he can't say is the states will take up the services because we handed over both our public servants and our money to the commonwealth a decade ago for them to run it—
Public Health (Tobacco and Other Products) Bill 2023
Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023
… confiscated more than 1.5 billion cigarettes since it was established in 2018-19. Along with tonnes of illegal loose-leaf tobacco, this has amounted to almost $1.8 billion in evaded duty, according to documents obtained by the Australian Financial Review under freedom of information.
… will be undermined and not achieved unless the government has a concerted effort to attack the proliferation of illicit tobacco and vape products currently readily available to the public.
… this simply cannot be achieved if one sizeable component of the tobacco market (illicit) is being ignored and allowed to grow at an exponential rate.
The AMA supports in-principle strong compliance and enforcement of the Act. All governments should ensure that compliance and enforcement is adequately resourced, noting the scale and complexity of current illicit tobacco and e-cigarette markets.
There have been over 41 illegal-tobacco-related arson attacks and two associated murders in the past year. Nearly one in four cigarettes sold in Australia are from the black market, costing taxpayers more than $4 billion a year. Despite the retail sale of nicotine vaping products being banned for over two years now, the number of adult vapers in Australia has increased by 340 per cent over the past five years to over 1.6 million adults, of which 92 per cent are buying products illegally.
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) there are environmental, as well as public health, reasons to discourage the use of tobacco products,
(ii) cigarette butts are one of the three most common types of rubbish found in the Great Barrier Reef's marine environment, and
(iii) tobacco-related packaging products, like single-use plastic film and tear strips, pose a significant threat to the health of our oceans and waterways; and
(b) calls on the Government to:
(i) mandate the use of recycled and recyclable cardboard for retail cigarette packaging and cartons, and
(ii) ban the use of single-use plastic film and tear strips used in cigarette and tobacco-related product packaging".
It is essential that the Bill be understood as one component of the many-pronged National Tobacco Strategy. The Strategy sets the vision for reducing, and ideally eliminating, the harm caused by tobacco and associated products. The elements of this Strategy, including strong regulation, workplace safety measures, cessation support, information and behaviour change campaigns, revenue measures, approaches for priority populations including Aboriginal and Torres Strait Islander peoples, and the protection of policy-making from commercial interference, are all interlocking and mutually supporting. The Strategy should remain a guiding framework for policy work through the current decade.
These are not measures targeting users. These are not measures that impose any penalty whatsoever on people that are using vapes. There is no penalty for people who use vapes …
Because they do not burn tobacco, e-cigarettes do not expose users to the same levels of chemicals that can cause diseases in people who smoke conventional cigarettes.
Despite some experimentation with vaping products amongst never smokers, vaping products are attracting very few people who have never smoked into regular vaping, including young people.
Growing evidence suggests that e-cigarettes can be a catalyst for smoking cessation. Current findings indicate that this may be true even within unstructured and unguided use.
The Senate divided. [12:18]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) commits to diminishing the political influence of the tobacco industry, in the interests of protecting Australians and the nation's tobacco control policies from industry influence, in line with Australia's obligations under the World Health Organisation Framework Convention on Tobacco Control; and
(b) calls on all politicians and all political parties to stop accepting political donations from the tobacco industry and revoke any passes that they have sponsored for members of the tobacco industry, and their agents, to access Parliament House".
The Senate divided. [12:21]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that:
(i) there are environmental, as well as public health, reasons to discourage the use of tobacco products,
(ii) cigarette butts are one of the three most common types of rubbish found in the Great Barrier Reef's marine environment, and
(iii) tobacco-related packaging products, like single-use plastic film and tear strips, pose a significant threat to the health of our oceans and waterways; and
(b) calls on the Government to:
(i) mandate the use of recycled and recyclable cardboard for retail cigarette packaging and cartons, and
(ii) ban the use of single-use plastic film and tear strips used in cigarette and tobacco-related product packaging".
Not progressing regulations that will improve public health through regulating tobacco products is not an effective way to reduce the illicit tobacco market … We had these arguments raised when plain packaging was being discussed, that it would lead to an increase in illicit trade, and there is strong evidence that that didn't happen.
These are not measures targeting users. These are not measures that impose any penalty whatsoever on people that are using vapes. There is no penalty for people who use vapes.
Digital ID is not compulsory.
It's a voluntary, secure & convenient way for you to access online services safely without having your personal documents stored by 3rd parties.
… we can't get to net zero 2050 unless we have a pot, a mixture, of energy approaches in the new energy economy. And one of those elements which is essential in all the modelling I've seen, is nuclear.
The science is clear:
The 1.5-degree limit is only possible if we ultimately stop burning all fossil fuels.
Not reduce.
Not abate.
Phaseout – with a clear timeframe …
We certainly had all the commitments at the time when we went forward with this bid and they've been confirmed previously and I'm struggling to see how they can now renege on them.
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to a question without notice asked by Senator Birmingham today relating to nuclear energy.
That the Senate take note of the answers given by the Minister for Finance (Senator Gallagher) to questions without notice I asked today relating to digital identity.
That the Senate take note of the answer given by the Minister representing the Minister for the Environment and Water (Senator Wong) to a question without notice I asked today relating to endangered species.
That, in accordance with section 5 of the Parliament Act 1974 , the Senate approves the proposal by the National Capital Authority for capital works within the Parliamentary Zone relating to the Senator Susan Ryan commemorative sculpture and associated works.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023
Economic Inclusion Advisory Committee Bill 2023
Migration Amendment (Bridging Visa Conditions and Other Measures) Bill 2023.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE
COUNTER-TERRORISM LEGISLATION AMENDMENT (PROHIBITED HATE SYMBOLS AND OTHER MEASURES) BILL 2023
Purpose of the Bill
The Bill would amend the Criminal Code Act 1995 (Criminal Code) to enhance the fitness-for-purpose of Australia's counter-terrorism laws in light of the evolving threat environment, particularly the threat of ideologically motivated violent extremism. The Bill would criminalise the public display and trade of Nazi and terrorist organisation symbols, the public performance of the Nazi salute and the use of a carriage service to deal with violent extremist material; expand the advocating terrorism offence in section 80.2C to include instructing on the doing of a terrorist act and praising the doing of a terrorist act in specified circumstances; increase the maximum penalty for the advocating terrorism offence from five to seven years' imprisonment; and extend the duration of terrorist organisation listings. Consequential amendments to other Commonwealth Acts are also included in the Bill to give effect to these reforms.
Reasons for Urgency
Current legislative settings need to be urgently refined to respond to the complex motivations, strategies and tactics of ideologically motivated violent extremists, including nationalist and racist extremists, who, intelligence agencies advise, pose a real and current threat to the community. The Director-General of the Australian Security Intelligence Organisation expressed in his annual threat assessment on 21 February 2023 that "the reach of extremist content displayed in public and online means individuals are radicalising very quickly—in days and weeks—so the time between 'flash to bang' is shorter than ever". As attacks can occur with little to no warning and can be difficult to detect, it is critical that law enforcement is able to intervene at an early stage to prevent radicalisation, violence and activities that may incite them.
Australia's legal frameworks must be fit-for-purpose to ensure the community is resilient to these kinds of contemporary and emerging terrorist and violent extremist threats. Urgent reform is necessary to address the risk that those seeking to radicalise others will exploit further opportunities to mobilise vulnerable Australians to violence. The Bill would make critical changes to current legal settings to expand the ability of law enforcement to manage this risk and protect the community from those planning, preparing and inspiring others to do harm.
The proposed offences prohibiting the public display and trade of Nazi and terrorist organisation symbols, the public performance of the Nazi salute, and the use of a carriage service to deal with violent extremist material, are urgently required to provide law enforcement and prosecutorial agencies with more options to address new and evolving threats. They would ensure that law enforcement can intervene at an earlier stage in individuals' progress to violent radicalisation and provide greater opportunity for rehabilitation and disruption of violent extremist networks.
Intelligence and law enforcement agencies have advised that the promotion and idealisation of extremist views is of increasing concern, particularly with respect to young people being radicalised online. Urgently expanding the advocating terrorism offence in response to this concern is appropriate given the vulnerability of Australian young people and the seriousness of the harm radicalised individuals may cause.
Urgent passage of these reforms would ensure law enforcement agencies can disrupt activities, including the radicalisation of individuals to violence, that are currently causing serious offence to Australia's community values and endangering the public.
(Circulated by authority of the Attorney-General)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE
IN THE 2023 SPRING SITTINGS
ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023
Purpose of the Bill
The Bill will establish the independent Economic Inclusion Advisory Committee (the Committee) as a statutory body to provide advice to Government (through the Minister for Social Services and the Treasurer) on economic inclusion including policy settings, systems and structures, and the adequacy, effectiveness and sustainability of income support payments ahead of every Federal Budget.
Reasons for Urgency
The Government has committed to establishing the Committee as a statutory body by the end of 2023.
(Circulated by authority of the Minister for Social Services)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE
IN THE 2023 SPRING SITTINGS
MIGRATION AMENDMENT (BRIDGING VISA CONDITIONS AND OTHER MEASURES) BILL 2023
Purpose of the Bill
The purpose of the Bill is to amend the Migration Act 1958 to ensure that non-citizens released from immigration detention following the decision of the High Court inNZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (S28/2003) on 8 November 2023 continue to be subject to appropriate visa conditions on any bridging visa granted to them following their release.
The Bill will introduce new criminal offences (with mandatory minimum sentences) that can apply to Subclass 070 (Bridging (Removal Pending)) visa (BVR) holders if they breach the requirements of a visa condition of any of the following kinds:
The Bill will also introduce a new criminal offence (with a mandatory minimum sentence) applying to BVR holders who have been convicted of an offence involving violence or sexual assault who are subject to a visa condition requiring that the person not contact the victim of an offence or their family.
The Bill will also provide authorised officers, including state and territory officials and contracted service providers, with clearer powers in relation to electronic monitoring. This will ensure that there is an ability to install, use and maintain electronic monitoring devices and monitor persons subject to monitoring. The Bill will also enable authorised officers to collect, use and disclose information for specific purposes.
Reasons for Urgency
The Bill requires urgent passage in the 2023 Spring sittings following the High Court's decision in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (S28/2003). The amendments of theMigration Act 1958 are necessary to support the effective management of non-citizens released from immigration detention following this decision.
(Circulated by authority of the Minister for Immigration, Citizenship and Multicultural Affairs)
That leave of absence be granted to Senators Cox and Faruqi from 4 to 7 December 2023, for personal reasons.
That leave of absence be granted to the following senators for personal reasons:
(a) Senators Ciccone, Dodson and White from 4 to 7 December 2023;
(b) Senator O'Neill for today.
That leave of absence be granted to the following senators for personal reasons:
(a) Senator McDonald for 30 November 2023;
(b) Senator Fawcett for 4 December 2023; and
(c) Senator Paterson from 4 to 7 December 2023.
That the following general business orders of the day be considered this week at the time for private senators' bills:
No. 12 United Nations Declaration on the Rights of Indigenous Peoples Bill 2022—on Wednesday 6 December 2023; and
No. 42 Defence Capability Assurance and Oversight Bill 2023—on Thursday 7 December 2023.
That the time for the presentation of the report of the Environment and Communications Legislation Committee on the provisions of the Nature Repair Market Bill 2023 and the Nature Repair Market (Consequential Amendments) Bill 2023 be 4 December 2023.
The Senate divided. [15:50]
(The Deputy President—Senator McLachlan)
That the Senate—
(a) notes that:
(i) order for the production of documents no. 371, agreed to by the Senate on 7 November 2023, relating to Australian Research Council (ARC) review reports has not been fully complied with,
(ii) the Minister for Education, in his response to the order, made a claim of public interest immunity on the basis that the ARC financial sustainability report has been used to inform ongoing Cabinet deliberations and to ensure Cabinet remains an appropriate forum for informed consideration of policy advice, and
(iii) it is accepted that deliberations of the Executive Council and of the Cabinet should be able to be conducted in secrecy so as to preserve the freedom of deliberation of those bodies, however, this ground relates only to disclosure of deliberations; and
(b) rejects the public interest immunity claim made by the Minister for Education, noting that:
(i) the disclosure of the ARC financial sustainability report does not constitute a disclosure of deliberations of Cabinet, and
(ii) the Government has not outlined why the ARC financial sustainability report itself, as opposed to the Cabinet's deliberations on the report, cannot be disclosed, including how disclosure of the report itself could harm the public interest; and
(c) requires the Minister representing the Minister for Education to comply with the order by no later than 10 am on 5 December 2023.
The Senate divided. [15:56]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Minister for Education, by no later than 10 am on 5 December 2023, a copy of the final report on the Review to Inform a Better and Fairer Education System provided to the Minister for Education.
The Senate divided. [16:01]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Minister for Veterans' Affairs, by no later than midday on 5 December 2023:
(a) the current number of allocated and unallocated claims across all legislation under the Veterans' Affairs portfolio;
(b) the current number of claims allocated to staff that are not able to address the claims as they are on long term leave, on higher duties, working in another area or are otherwise unable to address the claims;
(c) the current number of claims that have been allocated but remain unaddressed or pending; and
(d) the number of claims since 1 February 2023 that have been rolled into, consolidated or merged with other claims.
That, following the passage of the bill, the following matter be referred to the Parliamentary Joint Committee on Intelligence and Security for inquiry and report by 14 March 2024:
The operation, effectiveness and implications of the amendments made by the Australian Citizenship Amendment (Citizenship Repudiation) Bill 2023.
The Senate divided. [16:08]
(The Deputy President—Senator McLachlan)
That—
(a) the Senate notes that:
(i) order for the production of documents no. 407, agreed by the Senate on 28 November 2023, requiring the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table documents relating to the final report of the Independent strategic review of the Infrastructure Investment Program, August 2023 ,by no later than at the conclusion of question time on Wednesday, 29 November 2023, has not been complied with,
(ii) the Minister, in her response to the order, made a claim of public interest immunity on the basis that it would adversely affect Commonwealth-state relations; and
(b) the Senate rejects the public interest immunity claim made by the Minister, noting that:
(i) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and
(ii) no such agreement has been sought following the making of the Senate order, nor has the Senate been advised of any objections from the states or territories;
(c) the Senate requires the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to comply with the order in full by no later than midday on 5 December 2023;
(d) if the order has not been complied with in full by midday on 5 December 2023, the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government be required to attend the Senate after motions to take note of answers that day, to provide an explanation, of not more than 5 minutes, of the failure to comply with the order;
(e) any senator may move to take note of the explanation required by paragraph (d); and
(f) any motion under paragraph (e) may be debated for no longer than 30 minutes, have precedence over all other business until determined, and senators may speak to the motion for not more than 10 minutes each.
That—
There be laid on the table by the Minister representing the Minister for Social Services, by no later than 10 am on Tuesday, 5 December 2023, details of the funding that has been provided to, and workers that have been employed in, frontline services and community work to support people experiencing family, domestic and sexual violence following the Government's announcement on 25 October 2022, including:
(a) how much of the $169.4 million that was promised over 4 years from 2022-23, has been distributed to each state and territory, up to 30 November 2023;
(b) details of the decision process to distribute funding and identifying who receives funding in each jurisdiction;
(c) the number of frontline workers who have been employed in each state and territory, up to 30 November 2023, including the postcode in which each worker is employed;
(d) the start date for the employment of each frontline worker who has been employed; and
(e) the pay rate and grade for:
(i) each of the 500 frontline workers who will be employed, and
(ii) each of the frontline workers employed up to 30 November 2023.
The Senate divided. [16:14]
(The Deputy President—Senator McLachlan)
The Senate divided. [16:25]
(The Acting Deputy President—Senator Polley)
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:
Given the end of the truce in Gaza and the intensification of the State of Israel's bombing in Southern Gaza, the Australian Government must call for an immediate permanent ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and political prisoners and for an urgent end to the siege and invasion of Gaza."
That, in the opinion of the Senate, the following is a matter of urgency:
Given the end of the truce in Gaza and the intensification of the State of Israel's bombing in Southern Gaza, the Australian Government must call for an immediate permanent ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and political prisoners and for an urgent end to the siege and invasion of Gaza.
Given the end of the truce in Gaza and the intensification of the State of Israel's bombing in Southern Gaza, the Australian Government must call for an immediate permanent ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and political prisoners and for an urgent end to the siege and invasion of Gaza
Gaza has become a graveyard for thousands of children. It's a living hell for everyone else.
Given the end of the truce in Gaza and the intensification of the State of Israel's bombing in Southern Gaza, the Australian Government must call for an immediate permanent ceasefire to end the humanitarian catastrophe occurring in Gaza, for the unconditional release of all hostages and political prisoners and for an urgent end to the siege and invasion of Gaza.
I no longer have any hope of survival like I had at the beginning … and I am certain that I will die in the next few weeks or maybe days.
A Message to friends: Thank you and the supporters around the world. You have been compassionate and very strong. We ask you not to lose hope, even if the world seems completely unfair and your efforts have not yet resulted in a ceasefire.
58 days of documenting and publishing everything that happens … and no one moved. Do you need another 58 days to confirm?
I used to always wear my press vest and helmet … but lately I stopped wearing them. I don't feel safe, but especially when wearing the press vest and helmet.
The stage of risking everything to bring you the news has ended. The stage of trying to survive has begun. Our situation is more dire than you can imagine.
I no longer have any hope of survival like I did at the beginning of this genocide, and I am certain I will die in the next few weeks or maybe even days.
I suffer nightmares that so closely resemble reality I can no longer differentiate between reality and dreams.
I am a community activist who lived in the fantasy that the world was free and just, and I sought to bring rights not only to my people but to all peoples across the world.
The world approves, supports, legislates and finances the genocide we are being subjected to. My message to the world: You are not innocent of what is happening to us, we will not forgive you and we will not forget, and, even if we die, history will not forget.
The Senate divided. [17:04]
(The Acting Deputy President—Senator Sterle)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The need for Australia to urgently respond to the Declaration to Triple Nuclear Energy Capacity by 2050 announced at COP28 and adopt a technology neutral approach to transitioning the energy market while maintaining affordability and reliability as part of Australia's commitment to achieve net zero emissions by 2050, consistent with our partners and allies who recognise that, as President Macron says, "nuclear energy is a source that is necessary to succeed for carbon neutrality in 2050".
That on Tuesday 5 December 2023:
(a) the hours of meeting be 9.30 am to adjournment;
(b) the routine of business until 1.30 pm be as follows:
(i) acknowledgement of country and prayers
(ii) documents to be presented
(iii) committees—proposals to meet
(iv) consideration of the Infrastructure Australia Amendment (Independent Review) Bill 2023, with time allotted for the remaining stages as follows:
(A) second reading—1 hour; and
(B) questions on all remaining stages put at 11.30am;
(v) government business only;
(c) then the Senate shall return to its routine of business; and
(d) paragraph (b)(iv) operate as a limitation of debate under standing order 142.
Omit all words after "That", substitute:
"on Tuesday, 5 December 2023—
(a) the hours of meeting be 9.30 am till adjournment;
(b) the routine of business from 9.30 am till 1.30 pm be as follows:
(i) government business only,
(ii) at midday, Nature Repair Market Bill 2023 and a related bill, and
(iii) government business only;
(c) the routine of business from not later than 5.30 pm be consideration of the following bills:
(i) Nature Repair Market Bill 2023
Nature Repair Market (Consequential Amendments) Bill 2023,
(ii) Economic Inclusion Advisory Committee Bill 2023,
(iii) Public Health (Tobacco and Other Products) Bill 2023
Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023,
(iv) Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023, and
(v) Infrastructure Australia Amendment (Independent Review) Bill 2023;
(d) the questions be put on the bills, as follows:
(i) at 6.30 pm—second reading of the Nature Repair Market Bill 2023 and a related bill, and
(ii) at 8.30 pm—all remaining stages of the bills listed in paragraph (c);
(e) paragraph (d) operate as a limitation of debate under standing order 142;
(f) divisions may take place after 6.30 pm; and
(g) the Senate adjourn without debate after consideration of the bills has concluded."
That this debate be adjourned until a later hour.
That the debate be moved to no later than 6.15.
That senators be discharged from and appointed to committees as follows:
Australia's Disaster Resilience — Select Committee —
Appointed—Participating member: Senator Sharma
Community Affairs Legislation and References Committees —
Discharged—Senator Liddle
Appointed—
Senator Sharma
Participating member: Senator Liddle
Cost of Living — Select Committee
Appointed—Participating member: Senator Sharma
Economics Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Education and Employment Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Environment and Communications Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Finance and Public Administration Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Foreign Affairs, Defence and Trade Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Law Enforcement — Joint Statutory Committee —
Discharged—Senator Askew
Appointed—Senator Sharma
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating member: Senator Sharma
National Disability Insurance Scheme — Joint Standing Committee —
Discharged—Senator Reynolds
Appointed—Senator Sharma
Perth Mint — Select Committee —
Appointed—Participating member: Senator Sharma
Rural and Regional Affairs and Transport Legislation and References Committees —
Appointed—Participating member: Senator Sharma
Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023
Economic Inclusion Advisory Committee Bill 2023
Fair Work Legislation Amendment (Closing Loopholes) Bill 2023
That these bills be now read a second time.
COUNTER-TERRORISM LEGISLATION AMENDMENT (PROHIBITED HATE SYMBOLS AND OTHER MEASURES) BILL 2023
Everyone can, and must, call out hate.
Until recently, it would have been unthinkable that Neo-Nazis would burn crosses and openly chant white supremacist slogans in a popular national park or perform Nazi salutes in the front of the Victorian parliament.
But over the last several years, we have seen these incidents and more. Today, the Albanese government is taking a significant step towards sending a message that Australia is united against displays of hate.
The Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill 2023 makes critical changes to the Commonwealth Criminal Code to support law enforcement in their efforts to manage and protect the community from those planning, preparing and inspiring others to do harm.
Criminalising the public display and trading of the prohibited hate symbols and salute
Schedule 1 of the Bill makes it a criminal offence to publicly display prohibited hate symbols—the Nazi hakenkreuz, the Nazi double sig rune and those used by terrorist organisation—and trade items bearing these symbols.
The Nazi hakenkreuz and the Nazi double sig rune, also known as the Schutzstaffel insignia, represent the vile ideology of the Third Reich and conjure fear in many parts of the Australian community whose families suffered the horrors of the Holocaust. Similarly, terrorist organisations use symbols to build group belonging and to spread their ideology as well as fear and hatred in our community. These symbols are also used to promote hatred of other groups, including LGBTIQ+ Australians.
Extremist insignia are an effective propaganda tool because they are easy to remember and understand. They also transcend language and cultural divides.
The new public display offence in this Bill is designed to stamp out the harassment and vilification of innocent Australians whose communities are callously targeted by Nazi, Neo-Nazi and terrorist organisation supporters.
The trading offence ensures that a person cannot profit from selling, renting or leasing paraphernalia containing these symbols of hate.
The Bill also enables law enforcement to issue a direction to a person requiring the removal of prohibited symbols from public display.
These offences have been carefully considered and crafted so as not to capture legitimate uses of these symbols. The Bill expressly excludes conduct that is done for a religious, academic, educational, artistic, literary, scientific or journalistic purpose. Significantly, it will be the responsibility of the prosecution—not the defence—to prove that the alleged conduct fell outside those exemptions.
For example, public display for the purposes of education is permitted so the horrors of the Second World War are not forgotten, and can continue to be taught as a lesson for future generations.
The Government acknowledges the continued importance of the sacred swastika as a symbol that has immense significance to the Buddhist, Hindu, Jain and other communities of faith. The Government recognises the distinction between the sacred swastika and the misappropriated Nazi hakenkreuz. The Bill protects the use of the sacred swastika for the purpose of religious observance in recognition of its immense significance to these faith communities.
Further, in criminalising the public display and trade of symbols used by terrorist organisations, the Government recognises that the Shahada and the Seal of the Prophet have been misappropriated by terrorist organisations. We will not let a terrorist organisation cause further harm and distress to any in our community. The Government condemns Islamophobia and stands with the Australian Muslim community in opposition to terrorism in all its forms.
This Bill complements the efforts of state and territory governments around the country who have legislated similar prohibitions in their respective jurisdictions. The Bill extends to matters where the Commonwealth has particular responsibilities, including those with respect to trade and the online environment.
Criminalising the performance of the Nazi salute will complement the other measures in the Bill relating to Nazi symbols. Like those symbols, the Nazi salute is widely recognised and used to promote hateful ideologies, recruit followers and convey messages of hatred and violence. It represents the vile ideology of Nazism and conjures fear in many sectors of the Australian community whose predecessors suffered through some of the worst atrocities in history. It is appalling that there have been incidents involving the performance of the Nazi salute in Australia, and it has to stop.
Any attempt to re-enliven and disseminate Nazi ideology must be definitively characterised as criminal behaviour.
Criminalising the use of a carriage service to deal with violent extremist material
Violent extremist material, which is used to incite violence and instil fear in the community, has no place in our society.
While it is presently a crime to possess material that is connected with a terrorist act it is not a crime to possess violent extremist material where, for example, planning for an attack is not underway. Schedule 2 of the Bill addresses that gap by creating new offences for using a carriage service to possess or disseminate violent extremist material, noting the harmful nature of the material itself.
The offences, punishable by up to five years imprisonment, will facilitate law enforcement intervention at an earlier stage in individuals' progress to violent radicalisation.
Strengthen the 'advocating terrorism' offence
Schedule 3 of the Bill strengthens the offence of advocating terrorism in the Criminal Code.
The promotion and idealisation of extremist views is of increasing concern, particularly with respect to young people becoming radicalised online. Glorifying terrorists or providing guidance on the commission of terrorist acts can incite others to imitate or seek to engage in similar behaviour, and further their radicalisation. To address this, the Bill expands the offence for advocating terrorism in the Criminal Code to include instructing on the doing of a terrorist act or praising the doing of a terrorist act in circumstances where there is a substantial risk that such praise might lead someone to engage in a terrorist act.
Recognising that advocating terrorism is a serious act that can lead to violence against innocent Australians, the Bill increases the maximum penalty for this offence from five to seven years imprisonment. The new penalty more appropriately accounts for the severity of potential offending.
Indefinite listings of terrorist organisations
Schedule 4 of the Bill amends the Criminal Code to provide that regulations that proscribe terrorist organisations do not lapse after three years but continue indefinitely unless revoked by the AFP minister.
The current sunsetting date of three years is unnecessarily short and does not reflect the longevity of terrorist organisations. Some of the 41 organisations listed since 2002 have been relisted as many as eight times.
To ensure the appropriateness of the listing of organisations, the Bill requires the AFP Minister to take steps to remove the organisation from the list as soon as practicable if they become aware that an organisation no longer meets the listing threshold. Any person can make an application to the AFP Minister to revoke a listing instrument in relation to a terrorist organisation.
The Bill also grants the Parliamentary Joint Committee on Intelligence and Security an own-motion power to commence a review as to whether an organisation continues to satisfy the threshold to be listed as a terrorist organisation.
Conclusion
I find it almost unthinkable that this legislation is even necessary. Thousands of Australians fought and died to defeat the evil that some within our community now seek to promote. But we do need to act and we do need to make it clear that we will not tolerate this kind of conduct.
Australia's diversity is our greatest strength.
To those who are targeted because of their faith, we stand with you.
For those who face abuse simply for being who they are, we stand with you.
We will act to keep you safe and free to live your lives without fear.
If more is required to ensure the safety and security of all Australians from hatred and vilification, the Government will act.
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ECONOMIC INCLUSION ADVISORY COMMITTEE BILL 2023
The Albanese Government is working every day to deliver on our positive agenda to boost economic inclusion and broaden opportunity for all Australians. And as a Labor government, we will always work to support the most vulnerable in our society, tackle disadvantage and provide more opportunities to boost economic participation.
This is why, in November last year, the Prime Minister announced the establishment of the Economic Inclusion Advisory Committee. The Committee was tasked to provide advice to Government ahead of every federal Budget, on ways to boost economic inclusion, and to tackle disadvantage.
An interim Committee, comprised of a diverse range of experts, has commenced this important work. It has delivered its first report, including advice on policy settings, systems and structures, and the adequacy, effectiveness and sustainability of income support payments, which helped to inform the Government's considerations ahead of the 2023-24 Budget.
Now, with the introduction of the Economic Inclusion Advisory Committee Bill, we are delivering on the Government's commitment to permanently establish the Committee as a statutory body. This will ensure there is an ongoing mechanism for the provision of independent, expert advice to government on these important issues.
The Bill reflects the Albanese Government's commitment to hear from experts, stakeholders and the community. We recognise the value in ensuring a broad range of views are considered in the design and development of policy.
And disadvantage is a complex and systemic problem. That is why this Government in our 2023-24 Budget, announced the overhaul of the way Australia tackles entrenched disadvantage—by investing almost $200 million to deliver a comprehensive agenda to target those communities doing it the toughest. The Targeting Entrenched Disadvantage Package will better enable government to partner with philanthropy, to listen to and empower local leaders, and work with communities to direct services in a way that meets their needs in a shared decision making framework.
We've also taken action to improve the economic inclusion of people across Australia, with more support to help with cost of living pressures. The 2023-24 Budget announced a range of measures to support those on low incomes, including increasing the rates of working-age and student payments, and Commonwealth Rent Assistance, and expanding access to Parenting Payment (Single).
And legislation to implement two social security measures announced in the Employment White Paper, which are designed to smooth the transition between income support and employment, and give people more support to get into work, recently received Royal Assent.
But boosting economic inclusion and tackling disadvantage can't be resolved in a single Budget process or indeed, through a single portfolio. It requires sustained commitment over time and across government. This Bill will ensure there is an enduring mechanism for government to benefit from independent, expert advice on ways to support Australians in need, broaden opportunity, and reduce disadvantage in our communities.
Similar to arrangements in place for the interim Committee, the Bill tasks the Committee with reporting to Government annually with this advice. Their scope includes advice on income support payments, options to reduce barriers to work and economic inclusion, particularly for long-term unemployed and disadvantaged or disengaged groups.
It is also within the remit of the Committee to provide advice on the impact of economic inclusion policies on gender equality, as well as cohorts that face barriers to work—such as people with caring responsibilities, Indigenous persons, and people with disability. In addition, the Committee may provide advice on inequality markers in Australia, as well as international comparisons.
To assist government's consideration of its advice, the Bill requires the Committee to demonstrate regard in its report, to the Government's economic and fiscal outlook and fiscal strategy, workforce participation, relevant existing policies, and the long-term sustainability of the social security system in the overall context of the Budget.
While this Committee is independent, it is also important that Government can leverage the expertise and advice of the Committee to deliver on its agenda and priorities. To this end, the Bill enables the Treasurer and Minister for Social Services to seek advice from the Committee on specific issues, with this direction power designed to ensure that governments can leverage the expertise of the Committee in areas of focus—for instance, with respect to certain cohorts, a specific region, or particular policy area.
The advice to Government will be transparent, with the Government to publish the findings of the Committee.
It is important that the membership of the Committee reflects the diverse experience and expertise necessary for considering the complex and multi-faceted issues of economic inclusion and disadvantage. As is the case for the interim arrangements currently in place, the Committee is to include representatives of organisations who work closely with, and represent the diverse views of people who can inform the Committee of their lived experience of disadvantage.
A Chair and up to 13 members will be drawn from key advocacy organisations, the community sector, academia, unions, and the business sector, appointed by the Minister for Social Services, in consultation with the Treasurer.
Members will hold office on a part-time basis for up to three years, however they will be eligible for reappointment once their term ends. The positions are not remunerated, however the Government is ensuring ongoing support for the important work of the Committee by providing $8.7 million over the forward estimates—and $2.2 million per year ongoing. This funding is there to support the Committee to commission its own research, undertake consultations, and for secretariat services to be provided by the Department of Social Services.
The Bill provides a range of further provisions for the operation of the Committee including the role of relevant departmental secretaries, the termination of members, acting appointments and absences of members. It also provides for periodic independent reviews of the operation of the Committee and the Act every five years.
Of course, it is also important to remember that this is an advisory committee, and its advice is non-binding. The Government will continue to make the decisions necessary to improve the lives of our citizens. That is what Australians elect governments to do.
But these decisions should be informed by consideration of the best possible advice from a range of sources. With this Bill, we are establishing an enduring mechanism to receive advice from experts, stakeholders and community views. It is part of the Albanese Government's plan, to build a better future for all Australians, to broaden opportunity and to make Australia more inclusive.
I commend this Bill.
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FAIR WORK LEGISLATION AMENDMENT (CLOSING LOOPHOLES) BILL 2023
Last year, with the Secure Jobs Better Pay Bill, the parliament passed legislation to improve job security, increase wages and close the gender pay gap. And all the evidence suggests it worked.
But many Australians are not receiving the full benefit of these changes, because of loopholes that allow pay and conditions to be undercut.
The businesses which use these loopholes are able to undercut Australia's best employers in a race to the bottom.
If we want workers to be paid properly we need to close the loopholes.
If we want casuals to have a pathway to secure work we need to close the loopholes.
If we want enterprise agreements to determine minimum rates of pay at a workplace, we need to close the loopholes.
If we want gig workers and those in road transport to have minimum standards, we need to close the loopholes.
In relation to wage theft, it is already a crime for a worker to steal from an employer, as it should be. But it's not a crime for an employer to steal from a worker. We will close this loophole.
An employer convicted of intentional wage theft—including the theft of superannuation—could face up to 10 years imprisonment. Significantly, courts will be able to impose fines of up to three times the amount of the wage underpayment in both civil and criminal contexts, allowing penalties to be proportionate to the scale of the misconduct.
Employers who take reasonable steps to pay the correct amounts, or who make honest mistakes, will not be criminally prosecuted.
The Fair Work Ombudsman will be able to enter cooperation agreements with employers who come forward, and a new Voluntary Small Business Wage Compliance Code will provide assurance to small-business employers that they can't be pursued criminally if they take appropriate steps to comply with the law.
Maximum civil penalties for wage underpayment, including reckless wage underpayment, will be increased, implementing recommendation 5 of the Migrant Workers' Taskforce.
There are two key challenges in stamping out wage underpayments: one is how you detect the problem early, and a second is how you help workers-often very vulnerable workers-to speak up in the workplace.
We are making two changes to address these issues.
The first is an amendment to the current process allowing worker representatives to access workplaces to support workers.
Currently, the Fair Work Commission can decide to allow a representative to enter a workplace without 24 hours' notice if there is a reasonable prospect of the destruction or concealment of evidence. We will give the commission the capacity to also grant right of entry where it is satisfied there is a reasonable suspicion of wage underpayment.
There can be cases where the paperwork is impeccable but wage theft is occurring. For example, if a worker is being directed to clock off but is still required to work after that, you will only uncover this by attending without notice.
Existing safeguards applying to right of entry will continue. This bill makes no changes to section 483AA for access to non-member records and keeps the prohibition on accessing residential premises.
Secondly, a common feature of many high-profile wage underpayment cases is that, when they are discovered, we find the problem has been going on for years and years. People are too afraid to speak up, and there are no processes in place to help them do so. We need to make sure that, if someone is not being treated fairly at work, it's discovered early. That's why this bill contains important new protections and rights for workplace delegates, including reasonable access to paid relevant training-with small businesses exempt from this requirement.
These changes increase the likelihood that there will be a fellow employee at the workplace who is trained and knows the rules. This means more underpayment issues will be resolved early and quickly without involving anyone from outside the workplace.
The next loophole involves casual employment.
Casual employment suits many Australians and plays an important role in our workplaces.
But when someone is called 'casual' on their pay slip or their contract but is rostered like a permanent worker, expected to accept shifts like a permanent worker, and has a job likely to continue into the future indefinitely, then there's a clear loophole. A worker like this should be able to choose secure employment if they want it.
The ability to treat someone as a casual against their wishes, even if they are working like a permanent worker, is an unfair loophole. And we will close it.
A casual will still be defined as someone who does not have a firm advance commitment to continuing and indefinite work, but the bill will enable employees and their employers to look at what's really happening, not just what their contract says. Employees will be able to notify their employer that they wish to be permanent if they believe they no longer meet the casual definition.
Providing certainty to business, casual employees will remain casual unless they actively choose otherwise; and where an employee chooses to become permanent, no back pay will accrue. Employers who mistakenly misclassify a worker as casual will not be subject to penalties.
Most casuals who are eligible won't want to convert and will not be forced to. Most will prefer to keep their loading. But those casuals who may be supporting a household with that job are more likely to want security. Their rent isn't casual; their bills aren't casual. They need a better option for security.
The Fair Work Commission will have the ability to resolve any disputes, including through arbitration as a last resort or in exceptional circumstances.
The next problem is the labour hire loophole.
There's a legitimate role for labour hire in Australia-for surge work, for specialist work, or to provide temporary replacement workers.
Because of the inherent insecurity, labour hire workers are usually paid higher rates of pay, and those cases are completely unaffected by this legislation.
But when a business agrees on rates of pay for particular work in an enterprise agreement, and then asks labour hire workers to do the work for less-this 1s a labour hire loophole and this bill will close it.
On application, the Fair Work Commission will be able to make an order requiring labour hire workers to be paid at least the minimum rates in a host business's enterprise agreement. The Fair Work Commission must not make the order unless it is satisfied that the performance of work is not for the provision of a service rather than supply of labour, and that it is fair and reasonable to do so. Orders can only apply to pay rates; not to non-monetary conditions.
To be very clear-this reform does not prevent employers paying their employees more in recognition of their skills, qualifications and experience.
It does not apply to hosts who are small businesses; or to independent contractors; or to training arrangements.
The bill contains broad anti-avoidance protections that will stop businesses deliberately changing and manipulating their operations to try to get around these new obligations and includes appropriate safeguards to ensure the continued operation of orders when circumstances change.
The Fair Work Commission will help businesses to implement these obligations, including through developing guidelines and resolving disputes, should they arise.
A definition of employment is needed to prevent businesses from calling a person an 'independent contractor' and thereby avoiding paying them employment entitlements when in reality the relationship is one of employment.
Courts will now be required to look at the totality of the relationship, not only what's on paper, to work out what is really going on.
And we need fair minimum standards for employee-like workers and the road transport industry. Currently gig workers have no minimum standards at all.
This is a loophole causing serious harm to workers and it must be closed.
The amendments in this bill will allow the Fair Work Commission to make minimum standards orders for workers on digital platforms who do not meet the definition of employee, but nonetheless have low bargaining power, or low authority over their work or comparatively low pay-for example, people doing work via digital platforms in the NDIS, working in aged care, delivering food to people's homes, or transporting us around.
In many countries, the answer for these types of workers has been 'just make them an employee'. We are not doing that. We are going to accept the form of engagement, and set a framework for the Fair Work Commission to set standards that are fit-for-purpose for the unique nature of digital platform work. We've listened to platforms such as Uber, Menulog and Doordash to ensure the reforms will do this.
For example, the Fair Work Commission might come up with a minimum rate of pay. In relation to rideshare, it might go for a 5-minute or per- minute rate rather than an hourly rate. Why? Because it would need to be a rate appropriate for the form of engagement. It would also take into consideration other factors, for example, that workers might be working on more than one platform at a time.
Things like insurance and cost recovery standards-these are possible without changing the form of engagement.
Things like rostering and overtime would change the form of engagement and are not permitted under the bill. Similarly, you couldn't logically pay somebody for all the time that they're just on the app, because that would wreck the form of engagement. For matters like penalty rates and minimum periods of engagement-these can only be set where it is appropriate for the type of work.
While minimum standards for gig workers are critical, we also know that many Australians rely on the services. The Fair Work Commission is required to consider the impacts standards would have on users of platform services, and on other matters such as business costs, productivity and viability.
Gig workers will have new rights to seek reinstatement if they've been unfairly deactivated from the platform. Gig workers have the same financial obligations as other workers and should not have their platform access and livelihood unfairly cut off without any chance of redress.
However, we are still ensuring that platforms can take legitimate management action to protect users of services, including temporarily suspending a worker for up to seven days, including where there is a reasonable belief of fraud, or health and safety concerns.
The road transport industry is currently operating in a way that is putting businesses, workers and their families under immense financial pressure and undermining the safety, sustainability and viability of the industry.
Acting on calls from the industry to make an urgent change, the bill will allow the Fair Work Commission to set minimum standards for the road transport industry and to hear disputes about unfair contract terminations.
The bill contains a number of guardrails to ensure that the mistakes of the Road Safety Remuneration Tribunal are not repeated. A 'notice of intention' process gives parties an extended period to consider draft minimum standards orders before they become binding. Particular issues that are already comprehensively covered by other laws cannot be regulated. The Fair Work Commission must be satisfied that any order will not have an unreasonable adverse impact on the viability or competitiveness of drivers. Parties affected by a potential order will have the right to be heard before the order is made; and regulations can be made to establish a fail-safe process that allows an employee or employer organisation or the minister to apply to suspend the operation of an order in order to enable a review to take place.
Importantly, the order will be made by an expert panel within the Fair Work Commission, which must take account of advice from a road transport advisory group, with subcommittees able to provide additional expertise-a group formally established under this bill. This is a clear requirement to ensure orders acknowledge the practical realities of the road transport sector.
We know that the challenges that drivers face are made worse with complex contractual chains in the trucking industry. To address this, the bill will provide for regulations to empower the Fair Work Commission to make minimum standards for participants in road transport contractual chains. The government will continue to work with industry and union representatives to craft these regulations to ensure they are appropriate and effective in addressing pressing challenges, such as fair payment times.
And we need better protections against unfair contract terms for independent contractors.
Existing protections against unfair contract terms under the Independent Contractors Act have not worked.
This bill creates a low-cost and efficient jurisdiction at the Fair Work Commission for resolving disputes about unfair contract terms in services contracts, for independent contractors below a high-income threshold.
The next problem we are dealing with is fundamental.
Every worker has the right to go to work and come home safely.
Currently, manslaughter is a crime; but the same kind of culpable conduct is not prosecuted as manslaughter if it happens at work.
We will close this loophole.
This bill makes industrial manslaughter an offence-a long overdue recommendation of Marie Boland's 2018 review of the model work health and safety laws.
The offence includes penalties of $18 million for bodies corporate and 25 years imprisonment for officers. The most serious penalties should apply to recklessly or criminally negligently causing the death of a worker.
This bill also establishes a Family and Injured Workers Advisory Committee, which will provide advice to the Minister for Employment and Workplace Relations and to Commonwealth work health and safety regulators on the support needs of those affected by serious workplace incidents, including those involving the death of a worker, and to help inform the development of relevant policies and strategies.
The establishment of the committee follows discussions the Minister for Employment and Workplace Relations has had with families affected by a workplace fatality, and I acknowledge their tireless commitment to reform.
The Government is committed to taking action to prevent serious workplace incidents from occurring; and ensuring that we have the right supports in place for those affected.
The bill will also expand the Asbestos Safety and Eradication Agency's functions to eliminate silicosis and silica-related diseases in Australia.
It will simplify workers' compensation for first responders with post- traumatic stress disorder, including firefighters, Australian Federal Police employees, ambulance officers and emergency services communications operators in the Commonwealth jurisdiction.
It will further improve bargaining by giving the Fair Work Commission the power to make enterprise agreement model terms, allowing franchisees to bargain together in the single-enterprise bargaining stream and allowing employers covered by a multi-enterprise agreement to bargain with their employees for a replacement single-enterprise agreement at any time.
Changes to workplace determinations ensure that when deciding the terms of an intractable bargaining workplace determination, the Fair Work Commission cannot include a term that is less favourable to employees or employee organisations when compared against a term in an existing agreement that deals with the matter. The bill also increases the scope for terms to be agreed between bargaining representatives for a proposed enterprise agreement, which must then be included in any intractable bargaining workplace determination made by the Fair Work Commission.
The Government will also clarify the rules regarding who must attend a compulsory conciliation conference under section 448A. This bill will also make minor technical changes to the Coal Mining Industry Long Service Leave legislation to reflect the Mining and Energy Division's withdrawal from the Construction, Forestry, Maritime, Mining and Energy Union.
This bill will strengthen protections against discrimination for employees subjected to family and domestic violence.
It will make sham contracting laws fairer.
It will clarify the operation of Fair Work Ombudsman compliance notices. It will simplify registered organisation demerger provisions.
It will close a loophole in the operation of the small business redundancy exemption in insolvency.
The bill also includes a statutory review of all amendments to the Fair Work Act and other legislation made by the bill, starting within two years of Royal Assent.
It will allow for an assessment of the amendments after they have been enacted and would consider whether the operation of the amendments made by the Bill are appropriate and effective.
This bill will close the loopholes which undermine and weaken our workplace relations system, and it will make Australian workplaces safer and fairer.
Water Amendment (Restoring Our Rivers) Bill 2023
That the Senate take note of the report.
(1) That the Senate notes that:
(a) the Water Amendment (Restoring our Rivers) Bill 2023 was passed with substantial amendments; and
(b) the amendments were not reviewed by a committee and have not been approved by the Murray Darling Basin Ministerial Council.
(2) That the following matters relating to the Water Amendment (Restoring our Rivers) Bill 2023 be referred to the Rural and Regional Affairs and Transport References Committee for review and report by the 30 March 2024:
(a) the operation, effectiveness and implications of the amendments made;
(b) matters relating to the approval of the amendments by the Murray Darling Basin Ministerial Council; and
(c) any related matters.
That on Tuesday, 5 December 2023—
(a) the hours of meeting be 9.30 am till adjournment;
(b) the routine of business from 9.30 am till 1.30 pm be as follows:
(i) consideration of the Infrastructure Australia Amendment (Independent Review) Bill 2023, with time allotted for the remaining stages as follows:
(A) second reading—1 hour, and
(B) questions on all remaining stages put at 11.30 am;
(ii) government business only,
(iii) at midday, Nature Repair Market Bill 2023 and a related bill, and
(iv) government business only;
(c) the routine of business from not later than 5.30 pm be government business only;
(d) the questions be put on the Nature Repair Market Bill 2023 and a related bill, as follows:
(i) at 6.30 pm—second reading, and
(ii) at 8.30 pm—all remaining stages;
(e) after consideration of the Nature Repair Market Bill 2023 and a related bill has concluded, or at 8.30 pm, whichever is earlier, the questions on all remaining stages of the following bills be put:
(i) Economic Inclusion Advisory Committee Bill 2023,
(ii) Public Health (Tobacco and Other Products) Bill 2023
Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023,
(iii) Treasury Laws Amendment (Making Multinationals Pay Their Fair Share—Integrity and Transparency) Bill 2023;
(f) paragraphs (b), (d) and (e) operate as a limitation of debate under standing order 142;
(g) divisions may take place after 6.30 pm; and
(h) the Senate adjourn without debate after consideration of the bills has concluded.
Omit paragraph (d).
The Senate divided. [18:16]
(The President—Senator Lines)
Public Health (Tobacco and Other Products) Bill 2023
Public Health (Tobacco and Other Products) (Consequential Amendments and Transitional Provisions) Bill 2023
(1) Clause 3, page 3 (line 6), at the end of subclause (1), add:
; and (d) to combat the trade in illicit tobacco and e-cigarette products.
(2) Clause 3, page 3 (line 33), at the end of subclause (2), add:
; (m) establishing the Illicit Tobacco and E-cigarette Commissioner.
(3) Clause 4, page 4 (after line 28), after the paragraph beginning "A range of compliance", insert:
This Act also establishes the Illicit Tobacco and E-cigarette Commissioner.
(4) Clause 8, page 7 (line 5) to page 11 (line 28), insert:
Department of Home Affairs means the Department administered by the Minister for Home Affairs.
ITEC Commissioner means the Illicit Tobacco and E-cigarette Commissioner.
Minister for Home Affairs means the Minister administering theAustralian Border Force Act 2015 .
paid work means work for financial gain or reward (whether as an employee, a self-employed person or otherwise).
(5) Page 173 (after line 26), after Chapter 6, insert:
Chapter 6A — Illicit Tobacco and E-cigarette Commissioner
Part 6A.1 — Introduction
163A Simplified outline of this Chapter
This Chapter establishes the Illicit Tobacco and E-cigarette Commissioner, within the Australian Border Force which is part of the Department of Home Affairs.
The Illicit Tobacco and E-cigarette Commissioner has the following functions:
(a) supporting the development and implementation of national strategies for the enforcement of illicit tobacco and e-cigarette product laws;
(b) advising on the development of new laws and strategies relating to the trade in illicit tobacco and e-cigarette products;
(c) providing administrative and governance support for any intergovernmental responses to the trade in illicit tobacco and e-cigarette products in Australia;
(d) preparing and publishing reports;
(e) other functions as are conferred on the Commissioner by a law of the Commonwealth;
(f) anything incidental or conducive to the performance of any of the above functions.
Part 6A.2 — Illicit Tobacco and E-cigarette Commissioner
163B Illicit Tobacco and E-cigarette Commissioner
(1) There is to be an Illicit Tobacco and E-cigarette Commissioner.
(2) The Illicit Tobacco and E-cigarette Commissioner sits within that part of the Department of Home Affairs known as the Australian Border Force (within the meaning of the Australian Border Force Act 2015 ).
163C Functions of the ITEC Commissioner
The ITEC Commissioner has the following functions:
(a) supporting the development and implementation of national strategies for the enforcement of illicit tobacco and e-cigarette product laws;
(b) advising on the development of new laws and strategies relating to the trade in illicit tobacco and e-cigarette products;
(c) providing administrative and governance support for any intergovernmental responses to the trade in illicit tobacco and e-cigarette products in Australia;
(d) the reporting functions described in section 163D.
(e) such other functions as are conferred on the ITEC Commissioner by the regulations, this Act or any other law of the Commonwealth;
(f) to do anything incidental or conducive to the performance of any of the above functions.
163D Reporting functions
(1) The ITEC Commissioner has the reporting functions described in this section.
Law enforcement reports
(2) As soon as practicable after the end of each reporting period starting on or after the day this section commences, the ITEC Commissioner must prepare reports on the prevalence and consequences of the illicit tobacco and e-cigarette trade in Australia.
(3) As soon as practicable after the completion of a report prepared for the purposes of subsection (2), the report must be:
(a) published on a website maintained by the Department of Home Affairs; and
(b) given to the Minister for Home Affairs.
(4) The ITEC Commissioner must be satisfied that a report prepared for the purposes of subsection (2) was prepared in collaboration with such Commonwealth, State and Territory agencies as the ITEC Commissioner considers appropriate.
Excise and customs duty reports
(5) As soon as practicable after the end of each reporting period starting on or after the day this section commences, the ITEC Commissioner must prepare reports on the estimated amount of evaded tobacco excise and customs duty resulting from the illicit tobacco and e-cigarette trade in Australia.
(6) Without limiting subsection (5), a report prepared for the purposes of that subsection must include:
(a) estimates of the amount of imported and domestically produced illicit tobacco and e-cigarette products in Australia; and
(b) a comparison of the estimated amount of evaded tobacco excise and customs duty resulting from the illicit tobacco and e-cigarette trade in Australia, and the amount of excise and customs duty collected as a result of the legal trade in tobacco and e-cigarette products in Australia.
(7) As soon as practicable after the completion of a report prepared for the purposes of subsection (5), the report must be:
(a) published on a website maintained by the Department of Home Affairs; and
(b) given to the Minister for Home Affairs.
(8) The ITEC Commissioner must be satisfied that a report prepared for the purposes of subsection (5) was prepared in collaboration with the Australian Taxation Office.
Enforcement statistics reports
(9) As soon as practicable after the end of each reporting period starting on or after the day this section commences, the ITEC Commissioner must prepare reports on enforcement statistics, and analysis of those statistics, relating to the illicit tobacco and e-cigarette trade in Australia, including detections and seizures of illicit tobacco and e-cigarette products, and associated arrests.
(10) As soon as practicable after the completion of a report prepared for the purposes of subsection (9), the report must be:
(a) published on a website maintained by the Department of Home Affairs; and
(b) given to the Minister for Home Affairs.
(11) The ITEC Commissioner must be satisfied that a report prepared for the purposes of subsection (9) was prepared in collaboration with the Australian Crime Commission.
Tabling
(12) The Minister for Home Affairs must cause a report given to the Minister under this section to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.
Definitions
(13) In this section:
reporting period means a period of 12 months starting on 1 July.
163E Application of finance law
For the purposes of paragraph (a) of the definition of Department of State in section 8 of thePublic Governance, Performance and Accountability Act 2013 , the ITEC Commissioner is prescribed in relation to the Department of Home Affairs.
Note: This means that the Commissioner is an official of the Department of Home Affairs for the purposes of the Public Governance, Performance and Accountability Act 2013 .
163F Arrangements relating to staff of the Department of Home Affairs
(1) The staff assisting the ITEC Commissioner are to be APS employees in that part of the Department of Home Affairs known as the Australian Border Force (within the meaning of the Australian Border Force Act 2015 ) whose services are made available to the ITEC Commissioner by the Secretary of the Department of Home Affairs, in connection with the performance of any of the ITEC Commissioner's functions.
(2) When performing services for the ITEC Commissioner, the persons are subject to the directions of the ITEC Commissioner.
163G Other persons assisting the ITEC Commissioner
(1) The ITEC Commissioner may also be assisted by employees of Agencies (within the meaning of the Public Service Act 1999 ) whose services are made available to the ITEC Commissioner in connection with the performance of any of the ITEC Commissioner's functions.
(2) The ITEC Commissioner may, on behalf of the Commonwealth, make an arrangement with the appropriate authority or officer of:
(a) a State or Territory government; or
(b) a State or Territory government authority;
under which the government or authority makes officers or employees available to the ITEC Commissioner to perform services in connection with the performance of any of the ITEC Commissioner's functions.
(3) An arrangement under subsection (2) may provide for the Commonwealth to reimburse a State or Territory with respect to the services of a person to whom the arrangement related.
(4) When performing services for the ITEC Commissioner under this section, a person is subject to the directions of the ITEC Commissioner.
163H Delegation by the ITEC Commissioner
(1) The ITEC Commissioner may, in writing, delegate all or any of the ITEC Commissioner's functions or powers under this Act to an SES employee, or an acting SES employee, in the Department of Home Affairs.
Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.
(2) In performing a delegated function or exercising a delegated power, the delegate must comply with any written directions of the ITEC Commissioner.
163J Ministerial directions
(1) The Minister for Home Affairs may give the ITEC Commissioner directions about the way in which the Commissioner is to carry out any of the functions of the Commissioner.
(2) However, the Minister for Home Affairs must not give directions about the content of any advice that may be given by the ITEC Commissioner.
(3) A direction under subsection (1) must be in writing.
(4) The ITEC Commissioner must comply with a direction under subsection (1).
(5) A direction under subsection (1) is not a legislative instrument.
(6) The Minister for Home Affairs must cause a copy of each direction given under subsection (1) to be tabled in each House of the Parliament as soon as practicable after giving the direction.
Part 6A.3 — Administration
163K Appointment of the ITEC Commissioner
(1) The ITEC Commissioner is to be appointed by the Minister for Home Affairs by written instrument, on a full-time basis.
Note: The ITEC Commissioner may be reappointed: see section 33AA of the Acts Interpretation Act 1901.
(2) The ITEC Commissioner holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
163L Acting appointments
The Minister for Home Affairs may, by written instrument, appoint a person to act as ITEC Commissioner:
(a) during a vacancy in the office of the Commissioner (whether or not an appointment has previously been made to the office); or
(b) during any period when the Commissioner:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Note: For rules that apply to acting appointments, see sections 33AB and 33A of the Acts Interpretation Act 1901 .
163M Remuneration
(1) The ITEC Commissioner is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the Commissioner is to be paid the remuneration that is prescribed by the regulations.
(2) The ITEC Commissioner is to be paid the allowances that are prescribed by the regulations.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
163N Leave of absence
(1) The ITEC Commissioner has the recreation leave entitlements that are determined by the Remuneration Tribunal.
(2) The Minister for Home Affairs may grant the ITEC Commissioner leave of absence, other than recreation leave, on the terms and conditions as to remuneration or otherwise that the Minister determines.
163P Engaging in other paid work
The ITEC Commissioner must not engage in paid work outside the duties of the Commissioner's office without the approval of the Minister for Home Affairs.
163Q Other terms and conditions of appointment
The ITEC Commissioner holds office on the terms and conditions (if any) in relation to matters not covered by this Act, that are determined by the Minister for Home Affairs.
163R Resignation of appointment
(1) The ITEC Commissioner may resign the Commissioner's appointment by giving the Minister for Home Affairs a written resignation.
(2) The resignation takes effect on the day it is received by the Minister for Home Affairs or, if a later day is specified in the resignation, on that later day.
163S Termination of appointment
(1) The Minister for Home Affairs may terminate the appointment of the ITEC Commissioner:
(a) for misbehaviour; or
(b) if the Commissioner is unable to perform the duties of the Commissioner's office because of physical or mental incapacity.
(2) The Minister for Home Affairs may terminate the appointment of the ITEC Commissioner if:
(a) the Commissioner:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with the Commissioner's creditors; or
(iv) makes an assignment of the Commissioner's remuneration for the benefit of the Commissioner's creditors; or
(b) the Commissioner is absent, except on leave of absence, for 14 consecutive days or for 28 days in any 12 months; or
(c) the Commissioner engages, except with the Minister's approval, in paid work outside the duties of the Commissioner's office; or
(d) the Commissioner fails, without reasonable excuse, to comply with section 29 of the Public Governance, Performance and Accountability Act 2013 (which deals with the duty to disclose interests) or rules made for the purposes of that section.
the process by which we focus our attention on certain stimuli while ignoring stimuli that … contradicts our values and expectations. According to selective perception theory, we consciously and unconsciously filter out information.
(1) Page 130 (after line 9), after Chapter 3, insert:
Chapter 3A — Vaping regulation
Part 3A.1 — Introduction
124A Simplified outline of this Chapter
This Chapter regulates e-cigarette products that contain nicotine to reduce the health risk to consumers by prescribing the amount of nicotine that can be used in e-cigarette products and prohibiting the use of harmful chemicals in e-cigarette products. Plain packaging and health warnings will also be required on all e-cigarette products.
This Chapter also makes it an offence to sell e-cigarette products to minors.
Part 3A.2 — E-cigarette product regulation
124B E-cigarette product requirements
E-cigarette products manufactured, imported, distributed, supplied or sold in Australian must comply with the requirements in this Chapter.
124C Nicotine
(1) Nicotine for use in e-cigarette products is removed from and cannot be included in the Poisons Standard made under Therapeutic Goods Act 1989 .
(2) Subsection (1) has effect notwithstanding anything in the Therapeutic Goods Act 1989 or the Poisons Standard made under theTherapeutic Goods Act 1989 at the date this section takes effect.
(3) The regulations may prescribe the nicotine concentration that must not be exceeded in e-cigarette products.
(4) In this section:
Poisons Standard means the current Poisons Standard as defined in theTherapeutic Goods Act 1989 .
124D Harmful chemicals
The regulations may prescribe chemicals or ingredients that are harmful to health (other than nicotine) that must not be included in e-cigarette products.
124E Appearance and physical features of e-cigarette products
(1) The appearance and physical features of the retail packaging of e-cigarette products must comply with the requirements (if any) prescribed by regulations made for the purposes of this subsection.
(2) Without limiting subsection (1), the regulations may prescribe requirements in relation to:
(a) the colour and finish of retail packaging;
(b) mandatory health warnings;
(c) prohibited terms and other marks;
(d) prohibited images;
(e) restrictions on the use of brand names or variant names; and
(f) flavourings and the use of flavour descriptors.
Part 3A.3 — General offences and civil penalty provisions for non-compliant e-cigarette products
124F Selling or supplying e-cigarette products to minors
(1) A person contravenes this section if the person sells, offers to sell or supplies an e-cigarette product to a person under the age of 18.
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
Strict liability offence
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—60 penalty units; and
(b) in the case of a body corporate—600 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
124G Retail of e-cigarettes products in non-compliant packaging
(1) A person contravenes this section if the person manufactures, packages for retail sale, sells, offers to sell, supplies or offers to supply an e-cigarette product that does not comply with subsection 124E(1).
Fault-based offence
(2) A person commits an offence if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
Strict liability offence
(3) A person commits an offence of strict liability if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—60 penalty units; and
(b) in the case of a body corporate—600 penalty units.
Civil penalty provision
(4) A person is liable to a civil penalty if the person contravenes subsection (1).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
Chapter 3B — E-cigarette product take back scheme
Part 3B.1 — Introduction
124H Simplified outline of this Chapter
This Chapter requires e-cigarette product manufacturers, importers, distributors and retailers (relevant suppliers) to establish collection points for the collection of used e-cigarette products. Relevant suppliers are required to maintain an electronic register of collection points that is accessible by the public. Relevant suppliers are responsible for the collection of e-cigarette products from collection points.
E-cigarette products must contain a deposit marking which states that the product must be returned to a collection point.
A relevant supplier who disposes of an e-cigarette product at a landfill site, or in any other prohibited manner, commits an offence.
Part 3B.2 — Definitions
124J Definitions
In this Part:
automated collection point means a collection point that consists of a machine or other device that involves inserting used e-cigarette products into the device, whether or not some other action is required to activate the device.
collection point arrangement means an arrangement between a relevant supplier of e-cigarette products and a retailer under which the relevant supplier collects used e-cigarette products from the retailer.
collection point means a designated place where a consumer may deposit the relevant supplier's used e-cigarettes product and includes an automated collection point.
relevant supplier in relation to an e-cigarette product means a manufacturer, importer or distributer of e-cigarette products.
used e-cigarette product means an e-cigarette product ordered, purchased or used by a consumer, and includes an e-cigarette product that remains in its original packaging.
Part 3B.3 — E-cigarette take back scheme
124K Relevant supplier must establish collection points and collect e-cigarette products
(1) A relevant supplier of e-cigarette products must establish collection points in accordance with the requirements (if any) prescribed by regulations made for the purposes of this subsection.
(2) Without limiting subsection (1), a relevant supplier of e-cigarette products may establish a collection point under subsection (1) by entering into a collection point arrangement with a retailer.
(3) A relevant supplier of e-cigarette products must collect the relevant supplier's used e-cigarette products collected at collection points that the relevant supplier has established under subsection (1).
Offences
(4) A person commits an offence if:
(a) the person is a relevant supplier of e-cigarette products; and
(b) the person has not established collection points in accordance with subsection (1).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
(5) A person commits an offence if:
(a) the person is a relevant supplier of e-cigarette products; and
(b) the person refuses or fails to collect the person's used e-cigarette products from a collection point in accordance with subsection (3).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
124L Requirements for collection point arrangements
A collection point arrangement must meet the requirements (if any) prescribed by regulations made for the purposes of this section.
124M Relevant supplier of e-cigarette products to maintain a register of collection points
(1) A relevant supplier of e-cigarette products must maintain a register of collection points that the relevant supplier has established under section 124K.
(2) The register must be:
(a) kept in an electronic form on the relevant supplier's website; and
(b) accessible by the public; and
(c) searchable.
(3) The register must include the following in relation to each collection point:
(a) the location;
(b) the hours the collection point is accessible to the public;
(c) any other information prescribed by regulations made for the purposes of this paragraph.
124N Requirements for collection point arrangements
None of the following communications, of themselves, constitute an e-cigarette advertisement:
(a) notification to consumers that an e-cigarette product may be returned to a collection point;
(b) notification to consumers of incentives to return e-cigarette products to a collection point.
124P E-cigarette product must bear collection point return markings
(1) An e-cigarette product must contain, on its external packaging, a written statement that:
(a) states that the e-cigarette product must be returned to a collection point; and
(b) includes a hyperlink to the website with the relevant supplier's list of collection points established under section 124K; and
(c) any other information or graphics prescribed by regulations made for the purposes of this paragraph.
Note: Chapter 3A sets out additional packaging requirements for e-cigarette products.
(2) A relevant supplier must not sell an e-cigarette product to another person to use or consume, or to sell for use, consumption or further sale unless the container displays the markings required by subsection (1).
Offence
(3) A person commits an offence if the person contravenes subsection (2).
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
Part 3B.4 — Disposal of e-cigarette products
124Q Offence to dispose of an e-cigarette product
(1) A person commits an offence if:
(a) the person is a relevant supplier of e-cigarette products; and
(b) the person disposes of the person's used e-cigarette product:
(i) at a landfill site; or
(ii) in any other manner prohibited by regulations made for the purposes of this subparagraph.
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
(2) A person commits an offence if:
(a) the person is a retailer; and
(b) the person disposes of an e-cigarette product:
(i) at a landfill site; or
(ii) in any other manner prohibited by regulations made for the purposes of this subparagraph.
Penalty:
(a) in the case of a natural person—2,000 penalty units; and
(b) in the case of a body corporate—20,000 penalty units.
Our community is alarmed and frightened. We're living in a nightmare … can't believe that this can happen in Australia.