The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Violence is one of the key stories told of Aboriginal communities, and yet Aboriginal women are silenced in these conversations, seen as without agency or as bodies on which acts of violence are perpetrated. In this way, the active resistances of Aboriginal women … are disappeared. To speak is to speak an end to an unsafe space in which these violences are continually weaponised against whole communities, leading to unsafe policy outcomes like more police, more jailing and draconian racist policy responses … which only reproduce the violence, leading to further pain, wounding and harm.
We know that for every woman who has been murdered, there are many, many more women who today, tomorrow and yesterday, who were living in situations where they were afraid, where they were subject to violence, where they were scared for their children, and where their children were scared.
A whole of society response is needed and ending gender-based violence requires genuine, ongoing effort from everyone, everywhere.
That the Senate take note of the explanation.
That the Senate adopt the recommendation in the report, and that the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 be withdrawn and immediately discharged from the Notice Paper .
For policy makers to take an elevated view of how technology can shape our future for the better, we need to deal with the excesses of social media, and other emerging technologies like AI, otherwise, they will continue to disproportionately dominate public debate.
We must get to a place where public trust in technology and innovation are in a virtuous circle.
I am confident in our ability to do this.
The truth is there is no consensus on the governance of digital platforms and how to keep children safe and healthy in the digital age.
Yes, the task of change is hard and the road is not straight—but what is clear is that doing nothing is not an option.
1.1 I thank the witnesses for their submissions and for attending the hearings.
1.2 The committee report—
into the Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024 flies in the face of the expert evidence the committee has received across three days of hearings into the bill.
1.3 A committee inquiry should not perform the function of gift wrapping a decision which has already been taken. A committee inquiry should have the role of deciding if the decisions taken in the bill are correct.
1.4 For three days, the committee heard from human rights advocates and stakeholders who all criticised this bill on human rights grounds, and added warnings the bill would backfire.
1.5 It is extraordinary the committee would choose to ignore the recommendations of the very people who they invited to attend to advise them on this matter.
… for any Senate inquiry in the future to attract the quality of witnesses this inquiry attracted.
1.7 The Australian Human Rights Commission questioned a basic foundation of the bill—the definition of 'information'. In the Explanatory Memorandum the term 'is intended to include opinions, claims, commentary and invective'.
1.8 The Australian Human Rights Commission stated 'considerable caution should be exercised before including opinions and commentary within the scope of "information" as this significantly broadens the potential reach of this legislation and increases the risk of it being used to censor legitimate debate about matters of public importance.
1.9 One Nation agrees with this concern. The bill misconstrues human rights as relative, indeed as subordinate to the need of government to suppress opinions they don't like.
1.10 The Human Rights Law Centre recommended Clause 11(e) should be amended to reflect a broader commitment to human rights in the bill's objectives. It also recommended the Australian Human Rights Commission should be consulted on the development of codes.
1.11 Several submissions related to the specific areas of misinformation. The Australian Medical Professional Society submitted:
By centralising control over what constitutes medical 'truth' in the hands of government regulators, we risk creating an even more Orwellian twist in a system that is already subject to manipulation by powerful interests, to further suppress inconvenient facts and legitimate debate. This would be disastrous not only for free speech and democracy, but for public health as well.
1.12 The report failed to address a critical failing in the debate around COVID. Namely that information presented as medical truth at the time has been proven to be wrong—
and information banned as misinformation has now been proven to be true.
1.13 On the issue of COVID messaging, One Nation has maintained a contrary position to the Government of the day since 2020. This followed expert testimony from multiple specialists, research doctors and whistle blowers which contradicted the official narrative.
1.14 The implication is simple—what is misinformation one day is truth the next. This is the danger in the Government deciding what is and is not misinformation. The bias will always be in favour of the government's 'truth'.
Cyber Security Bill 2024
Intelligence Services and Other Legislation Amendment (Cyber Security) Bill 2024
Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill 2024
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
CYBER SECURITY BILL 2024
This Bill, alongside the Intelligence Services and Other Legislation Amendment (Cyber Security) Bill (ISA Bill) and the Security of Critical Infrastructure and Other Legislation Amendment (Enhanced Response and Prevention) Bill (ERP Bill), form the Cyber Security Legislative Reforms Package that will collectively strengthen our national cyber defences and build cyber resilience across the Australian economy.
This suite of legislative reforms will implement seven initiatives under the 2023-2030 Australian Cyber Security Strategy, a significant step in achieving the Australian Government's vision of becoming a world leader in cyber security by 2030.
To achieve this goal, we must understand that cyber security is everyone's responsibility.
Our connections online form a significant part of the lives of most Australians—they enhance the way we live, work and play, and as we continue to invest in transformative digital technologies, this will only expand. At the same time, we need to be clear about how we're protecting Australian individuals and businesses. In order to enhance our collective cyber resilience, we need a clear legislative framework that addresses whole-of-economy cyber security issues, and positions us to respond to new and emerging cyber threats.
We need to ensure individuals can trust the products they use every day; we need to enhance our understanding of the threat of ransomware and cyber extortion so we can break the ransomware business model; we need to enhance protections for individuals experiencing a cyber incident to encourage their engagement with government; and we need to learn the lessons from cyber security incidents that have had a significant, detrimental impact on millions of Australians so that we can be better prepared going forward.
The Cyber Security Bill provides this framework, bringing together measures to achieve the Australian Government's vision under one holistic piece of legislation.
The Bill contains four measures:
These four measures form the Cyber Security Bill. Together with the other Bills in this Package, this Bill will equip both Government and industry with the awareness and resilience to better protect Australians from cyber security threats, providing a cohesive legislative toolbox for Australia to move forward with clarity and confidence in the face of an ever-changing cyber security landscape.
On 9 October, the Government referred the package to the Parliamentary Joint Committee on Intelligence and Security. The Committee has now handed down its report and recommended that, subject to implementation of the recommendations in its report, the Package be passed by the Parliament. The Government agrees or agrees in principle to all thirteen recommendations in the Committee's report.
The Government agrees to recommendations two and three, and will ensure reporting is user friendly, leveraging the existing single reporting portal. The Government will take an education-first approach, informing impacted entities of their new obligations through communications campaigns.
The Government agrees in principle to recommendation four. The Government agrees that ransomware payment reporting obligations will only apply to the extent that the ransomware incident relates to the reporting business entity's operations in Australia. The Cyber Security Bill as drafted gives this effect and this will be clarified in guidance.
The Government agrees to recommendation five and has revised the Explanatory Memorandum. The Explanatory Memorandum as tabled in the Senate gives effect to this intention that Standing Members of the Board will not need to be members of the Australian Public Service. In line with the Committee's report, composition of standing members will be considered further through industry consultation on the rules.
The Government agrees in principle with recommendation six, that the Minister for Cyber Security should consult with the Board before approving the Terms of Reference for each review. Consultation with the Board is built into the legislative framework and the Terms of Reference will be developed by the Board itself, prior to seeking approval from the Minister for Cyber Security.
The Government agrees with recommendation seven of the Committee's report, and has made amendments to the Cyber Security Bill in the House of Representatives to address this recommendation. The Cyber Security Bill, as introduced in the Senate, clarifies that information obtained by the National Cyber Security Coordinator in relation to a cyber security incident, or acquired by a Commonwealth body or State body from a ransomware payment report, is not admissible against the impacted entity in certain criminal or civil proceedings.
Concomitantly, these amendments ensure that information obtained by the Cyber Incident Review Board in the performance of its functions is not admissible in evidence against the entity in certain criminal and civil proceedings. The ISA Bill has also been amended in the House of Representatives to address recommendation seven to further clarify the application of the admissibility protections conferred by the limited use obligation.
Protections afforded to individuals and information under limited use have been further clarified in the Bills, explanatory memorandum and industry guidance, to address recommendation seven.
These actions ensure Government and industry can work together to communicate with clarity and confidence, making our responses more efficient and based on real-time insights. Cooperation on a national scale is one of Australia's greatest advantages against malicious cyber activity.
The Government agrees in principle to recommendation eight. The Government agrees any other right, privilege or immunity that a ransomware payment reporting entity has in respect to any proceedings, including legal professional privilege, will not be impacted. The Cyber Security Bill, as introduced in both chambers, provides this legal effect and the Department will ensure that this is clear to entities affected by the regime.
The Government agrees to recommendation nine, and the Department of Home Affairs will publish additional guidance on the intended interpretation and application of key definitions introduced in the Security of Critical Infrastructure Act 2018 (SOCI Act). This will be part of the comprehensive guidance being developed on the amendments being made under the ERP Bill to assist regulated entities in understanding their obligations. Consistent with previous reforms to the SOCI Act, the Department will continue to take an education-first approach to compliance, reserving compliance and enforcement action to a last resort.
The Government agrees with recommendation ten of the Committee's report, and has amended the Cyber Security Bill in the House of Representatives. The Cyber Security Bill, as introduced in the Senate, introduces a provision that the Committee may review the operation, effectiveness and implications of the Cyber Security Act as soon as practicable after 1 December 2027.
The Government agrees to recommendation eleven. The Minister for Home Affairs will initiate an independent review under section 60A of the SOCI Act by no later than 1 November 2025.
The Government agrees with recommendation twelve, and has amended the ERP Bill in the House of Representatives to amend section 60B of the SOCI Act to extend the Committee's ability to initiate a review into the operation, effectiveness and implications of the SOCI Act from 3 years to 5 years from Royal Assent of the Security Legislation Amendment (Critical Infrastructure) Act 2021 (SLACI Act). The Government acknowledges the importance of conducting a holistic review of the SOCI Act, after the amendments being made by the ERP Bill are implemented. Together, the approach to recommendations eleven and twelve will ensure an independent review can fully assess the operation of the SOCI Act in time to inform the Committee's next review.
The Government agrees with recommendation thirteen, and has amended the ERP Bill in the House of Representatives to repeal section 60AAA of the SOCI Act, removing the now redundant six-monthly reporting to the Committee relating to consultation undertaken by the Department on the amendments made by the Security Legislation Amendment (Critical Infrastructure Protection) Act 2022 and the SLACI Act. I thank the Parliamentary Joint Committee on Intelligence and Security (Committee) for its work on this Bill through its inquiry and recommendations.
I extend my thanks to staff at the Department of Home Affairs for their incredibly hard work developing this Bill. I commend this Bill to the chamber.
INTELLIGENCE SERVICES AND OTHER LEGISLATION AMENDMENT (CYBER SECURITY) BILL 2024
This is the second Bill in the Cyber Security Legislative Package and seeks to amend the Intelligence Services Act 2001 to legislate a limited use obligation for the Australian Signals Directorate (ASD), similar to the provisions relating to the National Cyber Security Coordinator under the Cyber Security Bill. A limited use obligation will protect the information voluntarily provided to, or acquired or prepared by, ASD during an impacted entity's engagement in relation to a cyber security incident or vulnerability.
Australian networks continue to be regularly targeted by opportunistic malicious cyber actors. As outlined in ASD's Annual Cyber Threat Report 2023-2024, ASD responded to over 1,100 incidents from Australian entities. Separately, nearly 87,400 cybercrime reports were received, averaging one every six minutes.
Together with the other Bills in this Package, this Bill will equip both Government and industry with the awareness and resilience to better protect Australians from cyber security threats, providing a cohesive legislative toolbox for Australia to move forward with clarity and confidence in the face of an ever-changing cyber security landscape.
ASD relies on the receipt of timely, detailed technical information from industry and victims of cyber attacks to build a coherent national cyber threat picture, provide advice on cyber security uplift, diagnose the cause and severity of cyber incidents, and assess the information against ASD's intelligence holdings to mitigate harms in the early stages of a cyber incident.
However, both industry feedback and ASD's operational experience indicates a declining willingness from entities to share technical cyber security incident information with ASD in a timely manner, principally due to concerns that information shared with ASD could be co-opted by other parts of Government to inform regulatory action.
A limited use obligation will ensure this information can only be communicated by ASD to others for a permitted cyber security purpose. It is not a safe harbour for industry and will not exempt an organisation from complying with their existing legal and regulatory obligations.
I thank the Parliamentary Joint Committee on Intelligence and Security (Committee) for its work on this Bill through its inquiry and recommendations. The Committee made one recommendation (recommendation seven) in its advisory report that relate to this Bill. As noted in the second reading speech for the Cyber Security Bill, the Government agrees with this recommendation. This Bill has been amended in the House of Representatives to address recommendation seven. As introduced in the Senate, this Bill clarifies the application of the admissibility protections conferred by the limited use obligation
With this measure, alongside the establishment and clarification of the role of the National Cyber Security Coordinator, we will ensure Government and industry can work together to communicate with clarity and confidence, making our responses to cyber security incidents more efficient and based on real-time insights. Cooperation on a national scale is one of Australia's greatest advantages against malicious cyber activity.
I extend my thanks to staff at the Australian Signals Directorate for their work developing this Bill. I commend this Bill to the chamber.
SECURITY OF CRITICAL INFRASTRUCTURE AND OTHER LEGISLATION AMENDMENT (ENHANCED RESPONSE AND PREVENTION) BILL 2024
This is the third Bill in the Cyber Security Legislative Package. This Bill seeks to amend the Security of Critical Infrastructure Act 2018 (the SOCI Act) to strengthen existing security obligations on critical infrastructure sectors to address gaps identified following recent major cyber security incidents.
Australia currently faces heightened geopolitical and cyber threats, which means that our critical infrastructure is increasingly at risk. The risk to our sovereignty, defence, and security has never been more present, especially for the critical infrastructure providing essential services crucial to our way of life.
Recent incidents illustrate that threats to the operation of Australia's critical infrastructure continue to be significant and far-reaching. From natural hazards through to human-induced threats—all have the potential to significantly disrupt critical infrastructure. Indeed, the Director-General of the Australian Security Intelligence Organisation has stated, "malign foreign powers will consider using sabotage to coerce, disrupt or retaliate during times of escalating geopolitical tensions. Pre-positioning malicious code in Australia's critical infrastructure is the most likely means."
An attack on a single critical infrastructure entity can quickly create catastrophic cascading consequences across critical infrastructure and Australia's socioeconomic stability, defence and national security.
This Bill will build upon previous reforms to the SOCI Act to uplift and enhance the security, resilience and agility of critical infrastructure in the face of an increasingly hostile and complex threat and risk landscape.
The Bill contains six measures in total:
I thank the Parliamentary Joint Committee on Intelligence and Security (Committee) for its work on this Bill through its inquiry and recommendations. The Committee made four recommendations (recommendations nine, eleven, twelve and thirteen) in its advisory report that relate to this Bill. As noted in the second reading speech for the Cyber Security Bill, the Government agrees with each of these recommendations. To address recommendations twelve and thirteen, the Government has amended this Bill in the House of Representatives. This Bill, as introduced in the Senate, will amend section 60B of the SOCI Act to extend the Committee's ability to initiate a review into the operation, effectiveness and implications of the SOCI Act from 3 years to 5 years from Royal Assent of the Security Legislation Amendment (Critical Infrastructure) Act 2021 (SLACI Act); and will repeal section 60AAA from the SOCI Act.
Together with the other Bills in this Package, this Bill will help to strengthen our responses to the dynamic, cascading consequences of serious incidents that impact our critical infrastructure, and more broadly, the Australian community.
I extend my thanks to staff at the Department of Home Affairs for their incredibly hard work developing this Bill. I commend this Bill to the chamber.
The most immediate, low cost and potentially high-impact vector for sabotage is cyber. Our critical infrastructure networks are interconnected and interdependent, which increases the vulnerabilities and potential access points.
ASIO is aware of one nation state conducting multiple attempts to scan critical infrastructure in Australia and other countries, targeting water, transport and energy networks.
… that law was bloody useless, like not worth the ink printed on the paper, when it came to actually using it in a cyber incident. It was poorly drafted.
If you look at the work that was done…on the Security of Critical Infrastructure Act in the last Parliament, when I describe that law to politicians around the world, their mouths are open thinking, "how can we construct something similar in our country?"
Speaking purely from ASD's perspective, I think the safe harbour concept is a most excellent idea because, to your point, where there is ambiguity—if I'm dealing with a government, do you hand that information to other government departments or don't you? How can I be sure that that won't occur without my permission and so forth? So from an operational perspective, in that heat of the incident, if you will, when we're still trying to pull people out of the water and into the lifeboats, to have that absolute confidence for the private sector, that at the very least their operational engagement with ASD would be exempted from the inquiry of others, whether they are other government agencies or other people scrutinising the process, like we've seen in class action lawsuits, for example, that is very attractive to us as well.
… the Law Council is disappointed that a period of just over two weeks has been afforded between the tabling of the Package and the deadline for written submissions. We emphasise the complex nature of the legislation, which will have wide-reaching impact and consequences in a highly technical field. With respect, the current consultation period does not allow for meaningful and robust consultation with stakeholders to ensure the laws will work as effectively and efficiently as possible.
(a) this scheme will work best if the rules applied to Internet of Things devices are harmonised with similar regulatory obligations in other jurisdictions; and
(b) the government has indicated it will consider alignment of schemes following the passage of the bills.
For example, the Institute for Integrated Economic Research … stated that it 'would be sensible' to adopt international standards, 'with the flexibility to change as the threat changes', but that 'it would be useful to set the one standard and enforce compliance' rather than adopting multiple standards. Similarly, … the Software Alliance … submitted that the government should 'take every effort to avoid a divergent approach from other like-minded countries'. Infoblox submitted that:
Aligning with international standards is not only beneficial for the impacted entities to comply but also essential for Australia to maintain global interoperability and consistency.
Consumer Electronics Suppliers Australia recommended that 'Australian requirements align with those of major overseas market' to 'minimise the need for bespoke Australian solutions and ensure the future-proofing of regulations against technological advancements'.
That at the end of the motion, add "but the Senate notes that:
(a) this scheme will work best if the rules applied to Internet of Things devices are harmonised with similar regulatory obligations in other jurisdictions; and
(b) the government has indicated it will consider alignment of schemes following the passage of the bills."
(1) Clause 8, page 8 (after line 18), after the definition of personal information , insert:
Prime Minister's Department means the Department administered by the Prime Minister.
(2) Clause 8, page 9 (after line 1), after the definition of Secretary , insert:
Secretary of the Prime Minister's Department means the Secretary of the Prime Minister's Department.
(3) Clause 45, page 53 (line 13), omit "Minister", substitute "Prime Minister".
(4) Clause 46, page 54 (line 7), after "Minister", insert "or the Prime Minister".
(5) Clause 46, page 54 (line 19), omit "Minister", substitute "Prime Minister".
(6) Clause 51, page 58 (line 17), omit "Minister", substitute "Prime Minister".
(7) Clause 51, page 58 (line 33), omit "Minister", substitute "Prime Minister".
(8) Clause 54, page 61 (line 21), omit "Minister", substitute "Prime Minister".
(9) Clause 54, page 61 (line 31), omit "the Minister", substitute "the Prime Minister".
(10) Clause 55, page 62 (line 23), omit "Minister", substitute "Prime Minister".
(11) Clause 56, page 64 (line 21), omit "Minister", substitute "Prime Minister".
(12) Clause 60, page 69 (line 8), omit "Department", substitute "Prime Minister's Department".
(13) Clause 60, page 69 (line 10), omit "Department", substitute "Prime Minister's Department".
(14) Clause 63, page 71 (line 1), omit "Minister", substitute "Prime Minister".
(15) Clause 64, page 72 (line 4), omit "Minister", substitute "Prime Minister".
(16) Clause 66, page 72 (line 23), omit "Minister", substitute "Prime Minister".
(17) Clause 68, page 73 (line 20), omit "Minister", substitute "Prime Minister".
(18) Clause 69, page 74 (line 13), omit "Minister", substitute "Prime Minister".
(19) Clause 71, page 75 (line 27), omit "Department", substitute "Prime Minister's Department".
(20) Clause 72, page 76 (line 6), omit "Secretary of the Department", substitute "Secretary of the Prime Minister's Department".
(21) Clause 75, page 78 (line 23), omit "Secretary", substitute "Secretary of the Prime Minister's Department".
(22) Clause 76, page 79 (lines 3 and 4), omit "Secretary and given to the Minister", substitute "Secretary of the Prime Minister's Department and given to the Prime Minister".
(23) Clause 76, page 79 (line 15), omit "Minister", substitute "Prime Minister".
(24) Clause 77, page 79 (line 27), omit "Minister", substitute "Prime Minister".
(1) Page 46 (after line 14), after clause 39, insert:
39A Limitations on disclosure to ASD
(1) Despite any other provision of this Act, the National Cyber Security Coordinator must not disclose information that has been:
(a) provided to the Coordinator under this Act; and
(b) provided by, or on behalf, of an entity;
to the Director-General of ASD, or a staff member of ASD, unless:
(c) the entity has consented to the disclosure; or
(d) if urgent or other exceptional circumstances exist—the Coordinator has taken reasonable steps to obtain the consent of the entity to the disclosure, but the entity has not responded to the request for consent.
(2) If the Coordinator discloses information under this section in urgent or other exceptional circumstances without the consent of the entity, the Coordinator must notify the entity of the disclosure as soon as practicable after the disclosure occurs.
(1) Schedule 1, item 2, page 7 (after line 36), after section 41BB, insert:
41BBA Limitations on disclosure to National Cyber Security Coordinator
(1) The Director-General of ASD, or a staff member of ASD, must not communicate limited cyber security information to the National Cyber Security Coordinator that has been voluntarily provided to ASD, in the performance of its functions, by, or on behalf of, an entity unless:
(a) the entity has consented to the communication; or
(b) if urgent or other exceptional circumstances exist—the Director-General or the staff member has taken reasonable steps to obtain the consent of the entity to the communication, but the entity has not responded to the request for consent.
(2) If the Director-General of ASD, or a staff member of ASD, communicates limited cyber security information under this section in urgent or other exceptional circumstances without the consent of the entity, the Director-General or the staff member must notify the entity of the communication as soon as practicable after the communication occurs.
That these bills be now read a third time.
Universities Accord (Student Support and Other Measures) Bill 2024
The Senate divided. [13:12]
(The President—Senator Lines)
The Senate divided. [13:16]
(The President—Senator Lines)
The Senate divided. [13:23]
(The President—Senator Lines)
At the end of the motion, add ", but the Senate:
(a) notes that student debt has skyrocketed in recent years, compounding a growing intergenerational inequity; and
(b) calls on the Government to:
(i) immediately reform the failed Job Ready Graduates Program that has been the primary driver of increased student debt,
(ii) amend the timing of indexation on student loans so that no indexation is charged on amounts already repaid, and
(iii) stop indexation from accruing until the compulsory repayment threshold is reached".
At the end of the motion, add ", but the Senate:
(a) notes the importance of:
(i) supplying targeted financial support for students, and
(ii) increasing the flexibility of the Higher Education Loan Program (HELP); and
(b) calls on the Government to explore further measures to achieve this, including by:
(i) amending the treatment of HELP debt repayments so that payments made in the year preceding the date interest is calculated are deducted from the amount of the debt before the interest calculation,
(ii) reduce both the student and Government funding contribution for units that are delivered as practical placements, and
(iii) allowing practical placements undertaken by Australian students overseas to be recognised as course credit by their Australian higher education provider".
(1) Clause 2, page 2 (table item 2), omit "Part 1".
(2) Clause 2, page 2 (table items 3 to 6), omit the table items.
(3) Schedule 1, page 4 (line 1) to page 28 (line 10), omit the Schedule, substitute:
Schedule 1 — Ending HELP indexation
Higher Education Support Act 2003
1 Subsection 140-5(1)
Repeal the subsection (not including the method statement), substitute:
(1) A person's former accumulated HELP debt , in relation to the person's *accumulated HELP debt for a financial year, is the amount worked out using the following method statement:
2 Sections 140-10 and 140-20
Repeal the sections.
3 Subclause 1(1) of Schedule 1 (definition of HELP debt indexation factor )
Repeal the definition.
4 Application of amendments
The amendments of the Higher Education Support Act 2003 made by this Schedule apply in relation to a person's *accumulated HELP debt for a financial year that begins on or after 1 July 2025.
Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024
… existing laws … do not adequately prevent AI-facilitated harms before they occur, and more work is needed to ensure there is an adequate response to harms after they occur.
Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024
The ICC issuance of arrest warrants against Israeli leaders is outrageous. Let me be clear once again: whatever the ICC might imply, there is no equivalence—none—between Israel and Hamas. We will always stand with Israel against threats to its security.
… what we're seeing at the moment is not at a historical high.
… … …
I'm just putting some facts on the table.
… the spread of disinformation on the internet and the way in which that infects people's minds and … contributes at least to them committing extreme acts should be of concern to any right-thinking Australian.
It was like nothing I've ever seen … they were almost robotic, no gestures, no yelling out.
That the Senate take note of the answer given by the Minister representing the Minister for Climate Change and Energy (Senator McAllister) to a question without notice I asked today relating to COP29.
That the Senate take note of answers given by the Minister representing the Prime Minister (Senator Wong) to questions without notice asked by Senator Hanson-Young today relating to gambling advertising.
That the Senate records its sadness at the death on 11 October 2024 of Anthony (Tony) John Messner AM, former Minister for Veterans' Affairs and former senator for South Australia, and places on record its gratitude for his service to the parliament and the nation and tenders its sympathy to his family in their bereavement.
It is a philosophy which reflects the very best of the Australian character, that is, helping those in need, standing together in times of need and making sure that useful people are not thrown on the scrap heap before their time.
Twenty-six or 27 of the best horses in Australia race in one race and we make sure that the one that has the best chance of winning is weighed down with lead. That is the kind of approach adopted by this Government.
That private senators' bills be considered this week as follows:
(a) Legalising Cannabis Bill 2023, on Wednesday, 27 November 2024; and
(b) Criminal Code Amendment (Genocide, Crimes Against Humanity and War Crimes) Bill 2024, on Thursday, 28 November 2024.
That leave of absence be granted for Senator Colbeck for today, for personal reasons.
That the Telecommunications (Emergency Call Service) Amendment Determination 2024 (No. 1), made under the Telecommunications (Consumer Protection and Service Standards) Act 1999 , be disallowed [F2024L01353].
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the Electoral Legislation Amendment (Electoral Reform) Bill 2024, allowing it to be considered during this period of sittings.
The Senate divided. [16:01]
(The Deputy President—Senator McLachlan)
(1) That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2025: Whether, in line with recommendation 10 of the report Set the standard: Report on the independent review into Commonwealth parliamentary workplaces (the report), any changes to the language and interpretation of the standing orders are required to:
(a) eliminate language, behaviour, decision-making and practices that are sexist, racist or otherwise exclusionary and discriminatory;
(b) improve safety and respect in the Senate chamber; and
(c) clarify unclear and inconsistent types of behaviour and enforcement of standards.
(2) That for the purposes of this inquiry only:
(a) the committee be authorised to hold public hearings and to move from place to place;
(b) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate or Leader of the Opposition in the Senate, or any minority party or independent senator; and
(c) such participating members may participate in hearings of evidence and deliberations of the committee and have all the rights of members of the committee except that a participating member may not vote on any questions before the committee.
(3) That the Senate directs the committee to:
(a) hold a public hearing for a period of not less than 4 hours;
(b) ensure that a majority of witnesses invited are those adversely impacted by racism, First Peoples and culturally and racially marginalised people;
(c) invite a representative from the Australian Human Rights Commission who has been involved with the report and/or the Mapping government anti-racist programs and policies report to attend as a witness;
(d) consult with Parliamentary Workplace Support Service regarding the conduct of the inquiry; and
(e) ensure that each of the following groupings is allowed at least 45 minutes to question witnesses at the hearing:
(i) Australian Greens senators, and
(ii) independent senators.
Omit paragraphs (2) and (3), substitute:
(2) That the Senate—
(a) notes that:
(i) successive governments, working across the Parliament, have taken strong action to implement all 28 recommendations of Set the Standard: Report on the Independent Review into Commonwealth Parliamentary Workplaces (Set the Standard report) which was tabled on 30 November 2021,
(ii) the Government and the Parliament have taken action to implement all recommendations of the Set the Standard report, working through the Parliamentary Leadership Taskforce, and recommendations from the report are now all ongoing or completed, with a review to take place 18 months after the commencement of the Parliamentary Workplace Support Service,
(iii) the President referred an inquiry into recommendation 10 of the Set the Standard report to the Procedure Committee in October 2022,
(iv) the Procedure Committee presented its report in response to this referral on 12 September 2023,
(v) the Senate unanimously adopted the Behaviour Standards and Codes of Conduct for Parliamentarians and MOPS Act Staff on 10 October 2024, which commenced on 14 October 2024,
(vi) specifically, the Behaviour Standards require that people 'uphold laws that support safe and respectful workplaces, including
anti-discrimination, employment, work health and safety and criminal laws' and state that 'bullying, harassment, sexual harassment or assault, or discrimination in any form, including on the grounds of race, age, sex, sexuality, gender identity, disability, or religion will not be tolerated, condoned or ignored', and
(vii) the Parliament established a Parliamentary Joint Committee on Parliamentary Standards on 10 October 2024;
(b) reaffirms that all parliamentarians have a role to play in upholding appropriate standards of behaviour in the Parliament, including those outlined in the Behaviour Standards for Commonwealth Parliamentary Workplaces.
The Senate divided. [16:08]
(The Deputy President—Senator McLachlan)
(1) That there be laid on the table by the Minister representing the Attorney-General statements which detail the expenditure by the Commonwealth on:
(a) funding for Aboriginal and Torres Strait Islander Legal Services by state and territory, including funding allocations made by states and territories; and
(b) funding for National Family Violence Prevention Legal Service providers including funding allocations made by states and territories.
(2) That the statements are due not later than the tenth day after the end of the preceding three month period commencing 1 January, 1 April, 1 July, and 1 October.
(3) That each statement is to include:
(a) details of how this expenditure addresses any funding shortfalls predicted by the Aboriginal and Torres Strait Islander Legal Services and National Family Violence Prevention Legal Service providers, by state and territory; and
(b) an explanation of the purpose of the expenditure and the outcomes it is expected to deliver.
(4) That this order is of continuing effect.
The Senate divided. [16:15]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Prime Minister, by no later than midday on 27 November 2024, all correspondence, briefing notes, file notes, meeting notes, meeting agendas or minutes, or other records of interaction between:
(a) the Prime Minister and/or his office and:
(i) the Department of Prime Minister and Cabinet,
(ii) the Minister for Foreign Affairs and/or her office,
(iii) the Department of Foreign Affairs and Trade,
(iv) the Minister for Climate Change and Energy and/or his office, and
(v) the Department of Climate Change, Energy, the Environment and Water;
(b) the Department of Prime Minister and Cabinet and:
(i) the Department of Foreign Affairs and Trade, and
(ii) the Department of Climate Change, Energy, the Environment and Water;
in relation to the new agreement between the UK and US on civil nuclear collaboration announced by the UK Government on 18 November 2024, including documents which reference Australia's possible participation in the agreement.
That there be laid on the table by the Minister representing the Minister for Climate Change and Energy, by no later than midday on 27 November 2024, all correspondence, briefing notes, file notes, meeting notes, meeting agendas or minutes or other records of interaction between the Minister for Climate Change and Energy and/or his office and the Department of Climate Change, Energy, the Environment and Water in relation to the new agreement between the United Kingdom (UK) and United States on civil nuclear collaboration announced by the UK Government on 18 November 2024, including documents which reference Australia's possible participation in the agreement.
That there be laid on the table by the Minister for Foreign Affairs, by no later than midday on 27 November 2024, all correspondence, briefing notes, file notes, meeting notes, meeting agendas or minutes, or other records of interaction between:
(a) the Minister for Foreign Affairs and/or her office and:
(i) the Department of Foreign Affairs and Trade,
(ii) the Minister for Climate Change and Energy and/or his office, and
(iii) the Department of Climate Change, Energy, the Environment and Water; and
(b) the Department of Foreign Affairs and Trade and the Department of Climate Change, Energy, the Environment and Water;
in relation to the new agreement between the United Kingdom (UK) and United States on civil nuclear collaboration announced by the UK Government on 18 November 2024, including documents which reference Australia's possible participation in the agreement.
That—
(a) the Senate notes that:
(i) on 3 October 2024, questions on notice nos 3633 to 3679 were submitted, requesting that ministers of all portfolios provide specific information relating to the use of non-disclosure agreements (NDAs) in this term of Parliament,
(ii) a number of ministers responded to questions with identical answers stating that 'governments of all persuasions have used non-disclosure agreements (NDAs) from time to time to assist in the development of policies and legislative proposals' and multiple others responded that they did not keep 'centralised records', and
(iii) the answers to the questions provided by the ministers did not provide the information sought by the questions;
(b) there be laid on the table by the ministers to which the questions were directed, by midday on 27 November 2024, revised answers to questions on notice nos 3633 to 3679 (excluding questions on notice nos 3634, 3635, 3643, 3645, 3646, 3648, 3649, 3652, 3660, 3661, 3663, 3668 and 3672), placed on notice on 3 October 2024, that provide the information sought by the questions; and
(c) if this order has not been complied with by midday on 27 November 2024 the Senate requires the Minister representing the Prime Minister to attend the Senate at the conclusion of motions to take note of answers to provide an explanation, of no more than 5 minutes, of why the answers have not been provided, and that:
(i) any senator may move to take note of the explanation, and
(ii) the motion may be debated for no longer than 30 minutes, shall have precedence over all other business until determined, and senators may speak to the motion for not more than 5 minutes each.
The Senate divided. [16:28]
(The Deputy President—Senator McLachlan)
Communications Legislation Amendment (Combatting Misinformation and Disinformation) Bill 2024
Pursuant to standing order 75, I give notice that today I propose to move "That, in the opinion of the Senate, the following is a matter of urgency:
The need for the Senate to acknowledge the shocking flaws in Labor's misinformation bill, and for the Government to categorically rule out reintroducing it"
That, in the opinion of the Senate, the following is a matter of urgency:
The need for the Senate to acknowledge the shocking flaws in Labor's misinformation bill, and for the Government to categorically rule out reintroducing it
… the Bill's interference with the self-fulfilment of free expression will occur primarily by the chilling self-censorship it will inevitably bring about in the individual users of the relevant services …
… it … needs to be recognised that information may be opportunistically labelled as 'misinformation' or 'disinformation'—
to delegitimise alternative opinions, and limit open discussion about issues of public importance.
The time to act on harmful misinformation and disinformation is now.
… … …
The Australian Government's number one priority is keeping our citizens and our democracy safe from harm. These laws are an important step to ensure this.
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:
That the Albanese government must fully fund frontline women's safety services to at least $1 billion per year as the sector has called for to address the epidemic of men's violence against women in Australia."
That, in the opinion of the Senate, the following is a matter of urgency:
That the Albanese government must fully fund frontline women's safety services to at least $1 billion per year as the sector has called for to address the epidemic of men's violence against women in Australia.
It's like we are refugees in our own country, on our own land. Hunted by coppers and racists alike …
This is not somebody else's horror. This is our horror.
… as a society and as a community we are together responsible for finding a better way.
Australian Government response to the Senate Legal and Constitutional Affairs References Committee report: Missing and murdered First Nations women and children
NOVEMBER 2024
Help and Support
This response discusses violence against women and children, missing and murdered women and children, sexual violence and racism.
Free advice and support is available online and via telephone through the following services:
Acknowledgement
The National Plan acknowledges there will be emerging areas of need and emerging forms of violence that will be addressed over the life of the National Plan. New initiatives and activities to respond to emerging areas will be captured in annual updates to the First Action Plan Activities Addendum.
The Aboriginal and Torres Strait Islander Action Plan 2023-2025 (Action Plan), under the National Plan, addresses current safety needs and lays a strong foundation for long-term change. The Action Plan was developed by the Department of Social Services (DSS) in partnership with the Aboriginal and Torres Strait Islander Advisory Council on Family, Domestic and Sexual Violence (Advisory Council).
A new National Aboriginal and Torres Strait Islander Family Safety Plan (Family Safety Plan) will provide direction on the future policy approach to addressing the unacceptable rates of violence against First Nations women and children. A public consultation process is underway, with the Family Safety Plan due to be launched in June 2025.
On 6 September 2024, National Cabinet confirmed its commitment to maintaining a central focus on missing and murdered First Nations women and children and agreed that all governments' commitments on gender-based violence must explicitly consider the needs and experiences of First Nations people and be delivered in genuine partnership with First Nations communities.
The comprehensive $4.7 billion package announced on 6 September 2024 through National Cabinet harnesses important opportunities to work together to prevent violence and support legal services. It brings together efforts and funding to:
This investment to end gender-based violence goes towards addressing the recommendations of the Senate Inquiry. This includes:
The Government acknowledges the work of the Committee and thanks the many organisations and individuals who contributed views and evidence throughout the Inquiry.
The Australian Government response to the Report was coordinated by the National Indigenous Australians Agency (NIAA) with input from the Department of the Prime Minister and Cabinet (PMC) (including the Office for Women), the Attorney-General's Department (AGD), DSS, Department of Infrastructure, Transport, Regional Development, Communications and the Arts (DITRDCA), eSafety Commissioner, the Department of Health and Aged Care (DOHAC), Australian Bureau of Statistics (ABS), AIC, Australian Federal Police (AFP), the Department of Foreign Affairs and Trade (DFAT), the Department of Finance (DOF) and the Australian National Audit Office (ANAO).
As suggested by the Committee, the Australian Government has carefully considered and reflected on the use of terminology in this matter. Throughout this response, the terminology of 'missing' and 'disappeared' is interchangeable to maintain consistency with the terminology of the Inquiry's terms of reference, but also to demonstrate our respect for First Nations' stakeholders who have undertaken outstanding work in relation to the issues considered in the Report.
Summary of Government response to Recommendations
Abbreviations
Australian Government Response to Recommendations
Recommendation 1
The committee recommends that federal, state and territory governments codesign with First Nations families and communities, and on behalf of all Australians, a culturally appropriate and nationally significant way in which to recognise and remember the First Nations women and children who have been murdered or disappeared.
Support in principle
The Australian Government supports actions to respectfully recognise and remember First Nations women and children that have been murdered or disappeared in Australia and understands its importance. The Australian Government acknowledges the means of commemoration may be unique to each grieving family.
The Inquiry heard many ways in which missing and murdered First Nations women and children could be recognised and remembered, including honouring and commemorating those loved ones by addressing the systemic causes of violence to ensure that no more First Nations women and children are murdered or disappeared. The measures discussed in this response outline the Government's commitment to action in addressing the systemic causes of violence.
Recommendation 2
The committee recommends that the Attorney-General tasks the Police Ministers Council to review existing police practices in each jurisdiction, consider the learnings from each jurisdiction and aim to implement and harmonise best police practices across Australia by no later than 31 December 2025, with the goal of ensuring all interactions with First Nations people are consistent and of a high standard, including standards of cultural awareness and safety. In performing this role, the committee recommends that the following practices and procedures be considered:
ongoing and mandatory cultural awareness training for all employees (that is, both sworn and civilian members);
training courses developed and led by First Nations people, including components on lived experience, trauma-informed practice and effective communication;
recruitment, support and promotion of First Nations people, including to senior management positions; and
appropriate guidelines for the review of past cases involving disappeared and murdered First Nations women and children where families are seeking review. These should be replicated through the justice system as recommended by the NSW State Coroner in the inquest into the death of Mona Lisa Smith and Jacinta Rose Smith (referred to in this report).
Note
The Australian Government recognises the importance of best practice in policing and acknowledges that the AFP, and state and territory police have progressed reforms to improve policing systems for First Nations people, including through a range of cultural awareness training programs for police employees (both sworn and non-sworn).
Whilst the Australian Government does not have responsibility for state and territory police, including jurisdictional training, recruitment and case review practices and procedures, the Australian Government is pursuing a range of measures that seek to support states and territories to promote and implement best practice in policing across all jurisdictions. This includes working with the states and territories to develop a national training and education package, to enhance the effectiveness of state and territory police responses to family, domestic and sexual violence. The AFP also provides ongoing cultural awareness training to its employees, through programs such as the Core Leadership Continuum and SBS Inclusion Program and is currently developing a Cultural Inclusion Learning Continuum, which will include a First Nations learning framework to enhance and scale cultural awareness learning for the organisation.
The Justice Policy Partnership, one of 5 policy partnerships established under the National Agreement on Closing the Gap, is in the early stages of developing an anti-racism strategy for the justice system, which is one of its four strategic initiatives.
Through the Police Consultative Group on Missing Persons, the Australian Government has always and will continue to identify issues where harmonisation of best police practices can be applied.
The Australian Government will raise this recommendation and work with the states and territories though the Police Ministerial Council forum but notes that any further action by jurisdictions requires the agreement of each state and territory.
Recommendation 3
The committee recommends that the Senate Legal and Constitutional Affairs Legislation Committee or the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs, or such other appropriate body, monitors progress in meeting Recommendation 2 and the progress of measures to address the issues relating to discernible data gaps (paragraph 7.11).
Note
The Australian Government acknowledges the importance of ensuring any progress in response to Recommendation 2 is appropriately monitored, noting this is a matter for the Senate.
The ABS will continue working with state and territory police departments and criminal justice sector more broadly, to enhance the statistics about First Nations peoples in alignment with Closing the Gap Targets 10, 11 and 13.
The Australian Government has committed to investing $15 million in a First Nations-led family, domestic and sexual violence data collection to address the current data gaps in understanding the prevalence of all types of violence experienced by First Nations women and children. This will provide new data to report progress on Target 13 of the National Agreement.
The Performance Measurement Plan of the National Plan identifies key performance indicators to measure and report on progress over the life of the National Plan. It includes measures related to police and justice system interactions with First Nations peoples within the context of responding to family, domestic and sexual violence. Work is being undertaken to fill data gaps in these measures. In 2024-25, the AIHW commenced a 2-year program of work on Child Protection National Minimum Data Set data development with jurisdictions. This work will consider a range of possible enhancements and development opportunities, including the capture of information related to family and domestic violence.
The Data and Digital Ministers Meeting (DDMM) oversees implementation of National Cabinet's Intergovernmental Agreement on data sharing between the Australian Government and states and territories, which commits all jurisdictions to share public sector data by default where it is safe, secure, lawful and ethical to do so. DOF supports DDMM and provides support to PMC, AGD, DSS and other relevant agencies, with advice on best practice data sharing between the Australian Government and states and territories.
Recommendation 4
The committee recommends that the Commonwealth government appoints a First Nations person with specific responsibility for advocating on behalf of and addressing violence against First Nations women and children within the Domestic, Family and Sexual Violence Commission. Detailed consideration should be given to the way in which the position is created within the Domestic, Family and Sexual Violence Commission (for example, should it be Commissioner or Deputy Commissioner level), the powers of such position and the necessary funding for such position to maximise effectiveness.
Support in principle
Reform Area One of the Action Plan includes the action to investigate the potential for a scoping and feasibility study for an Aboriginal and Torres Strait Islander Family, Domestic and Sexual Violence Commissioner. This scoping will be progressed as part of the development of the Family Safety Plan, in the context of the First Nations Family, Domestic and Sexual Violence Peak (a funded action under the Action Plan) and Sector Strengthening Plan.
The Assistant Domestic, Family and Sexual Violence Commissioner is an identified role, and is currently responsible for engaging and working alongside First Nations communities in supporting the role of the Domestic, Family and Sexual Violence Commissioner in the monitoring and oversight of the National Plan. Monitoring of the progress of the National Plan includes the Action Plan and will include the Family Safety Plan once completed.
Recommendation 5
The committee recommends that the Australian government urgently gives effect to the relevant recommendations in the Independent Review of the National Legal Assistance Partnership 2020–2025, in particular Recommendations 2–3, 9 and 11–12, and specifically addresses the need to increase the geographic spread and capacity of Family Violence Prevention Legal Services.
Support in principle
On 6 September 2024, the Australian Government announced an investment of $3.9 billion for frontline legal assistance services to be delivered through the NAJP, including a critical increase of nearly $800 million over five years, with a focus on uplifting legal services responding to gender-based violence. The NAJP will commence on 1 July 2025, on the expiry of the current National Legal Assistance Partnership (NLAP), and will include, for the first time, Family Violence Prevention Legal Services (FVPLS).
Under the NAJP, FVPLS providers will receive quarantined and additional funding to deliver critical frontline services to First Nations women and children. The Heads of Agreement also contains a commitment from all governments to work in partnership over the first 2 years to develop a Closing the Gap schedule (or similar) with ACCOs.
Final details of the NAJP are being finalised between the Australian Government, states and territories, in close consultation with the sector.
Recommendation 6
The committee recommends that the Department of Social Services, the Department of the Prime Minister and Cabinet, the Attorney-General's Department and the National Indigenous Australians Agency develop, for implementation, a sustainable funding mechanism to provide ongoing support services for First Nations people, including women and children, experiencing domestic, family and sexual violence. This funding must prioritise service and program delivery by Aboriginal community-controlled organisations who demonstrate evidence-based primary prevention initiatives that are independently evaluated for efficacy, including for delivery in regional and remote areas.
Support in principle
All parties to the National Agreement (Commonwealth, states & territories, the Coalition of the Peaks and the Australian Local Government Association) have acknowledged that Aboriginal and Torres Strait Islander community-controlled led services are better for First Nations peoples, achieve better results, employ more First Nations peoples and are often preferred over mainstream services.
This has been supported by the Productivity Commission in its Review of the National Agreement on Closing the Gap (February 2024) which highlighted services delivered by ACCOs lead to better outcomes for First Nations peoples.
As announced on 6 September 2024, the Australian Government is investing $3.9 billion in support for frontline legal assistance services to be delivered through the NAJP, including a critical increase of nearly $800 million over five years from 2025-26, with a focus on uplifting legal services responding to gender-based violence.
The NAJP will continue to include quarantined funding for Aborigina and Torres Strait Islander Legal Services and, for the first time, will include a quarantined funding stream for FVPLS. This represents an ongoing funding mechanism for the FVPLS, providing certainty for these critical ACCOs.lIn the 2023-24 Budget, the Australian Government committed $262.6 million to support the dedicated Aboriginal and Torres Strait Islander Action Plan and early investment into a standalone National Aboriginal and Torres Strait Islander Family Safety Plan. This included $103.4 million of funding through 4 immediate priority grant rounds for crisis accommodation services, family, domestic and sexual violence programs in ACCOs, men's wellness centres, and community prevention campaign for children that will be delivered by Aboriginal and Torres Strait Islander Organisations around Australia. This supports the longer term of objective of building the ACCO sector.sThe DSS National Child and Family Investment Strategy (Investment Strategy) is supporting the shift towards adequate and coordinated funding of early, targeted, healing-informed culturally safe support services that are effective in supporting children and families and delivered by ACCOs. The Investment Strategy is Activity 2(a) of theSafe and Supported: Aboriginal and Torres Strait Islander First Action Plan 2023-2025 and aims to build the ACCO child and family sector through commissioning investment strategies.
The National Aboriginal and Torres Strait Islander Women's Alliance (NATSIWA) is one of the National Women's Alliances funded under the Working for Women Program to advocate for women and advise Australian Government policymakers on policies that affect women.
NATSIWA's key functions include engaging with First Nations women, community and organisations; providing advice to government including through input to government inquiries, consultations and policy papers; and collaborating with other Alliances on intersecting policy issues of priority to First Nations women including family, domestic and sexual violence. On 29 October 2024, the Minister for Women announced that NATSIWA will continue to receive funding until 2028-29 as a National Women's Alliance.
Through the eSafety Commissioner, First Nations organisations have been funded to design and develop culturally appropriate resources, including videos, to help First Nations individuals and communities recognise, report and respond to tech-based abuse in a variety of situations, including in family, domestic and sexual violence.
The Preventing Tech-based Abuse of Women Grants Program, implemented by the eSafety Commissioner, delivers a total of $10 million in grant funding over at least three rounds. The intent of the program is to fund projects that focus on the prevention of online harms and enhanced safety for women and children. This may include projects that target people who perpetrate tech-based abuse and/or changing norms, attitudes and behaviours in the broader community.
In 2023, the first round of funding awarded $3 million, and the second round of funding will be opened in late 2024. Of the $3.5 million in total funding available in Round 2, up to $600,000 has been set aside to support priority funding of projects that directly target tech- based abuse of women in First Nations communities. This recognises that First Nations people are more at risk of online hate and serious online harm than non-Indigenous people and that First Nations women have a higher risk of experiencing family violence.
The Preventing Tech-based Abuse of Women Gran s Program and the First Nations funding stream will also contribute to Recommendation 10 and initiatives which promote a sense of individual and community responsibility for the issue of male violence against First Nations women.t.
Recommendation 7
The committee recommends that the Australian government empowers First Nations women to lead the design and implementation of services and supports that address violence in their communities, as consistently advocated by the Wiyi Yani U Thangani (Women's Voices) project, and reflecting the principles contained in the United Nations Declaration on the Rights of Indigenous People.
Support
The Australian Government is committed to progressing meaningful programs and policies that empower all First Nations peoples and is committed to listening and working in partnership with First Nations peoples and communities on policies that impact them.
The Australian Government supports the principles underlying the United Nations Declaration on the Rights of Indigenous People (UNDRIP), which it recognises as an expression by the international community of respect for the dignity of Indigenous peoples.
The complexity of family, domestic and sexual violence in First Nations communities requires the inclusion of all community voices, led by First Nations women. This is supported through Action 7 of the First Action Plan 2023-2027 as well as the Action Plan. The work of theWiyi Yani U Thangani (Women's Voices) Project is a key input that informed the context, principles and targets of the Action Plan.
The Action Plan was developed through a formal partnership between the Australian Government and the Advisory Council. The Advisory Council was established in July 2021 and consists of First Nations women and men with expertise in family, domestic and sexual violence from established First Nations organisations including Victorian Aboriginal Child and Community Agency (VACCA), SNAICC—National Voice for our Children (SNAICC) and National Aboriginal Community Controlled Health Organisation (NACCHO).
Similarly, an expert Steering Committee which includes 12 First Nations members with expertise and experience in addressing family and domestic violence, and government representatives are leading the development of the Family Safety Plan which will be the first standalone First Nations National Plan to address family, domestic and sexual violence and a sister-document to the National Plan. SNAICC is providing secretariat support to the Steering Committee.
The development of the Action Plan and Family Safety Plan have been guided by the voices and findings of extensive consultation with community that has been led by First Nations researchers.
The Australian Government released Working for Women: A Strategy for Gender Equality (Working for Women) on 7 March 2024. Working for Women outlines the Australian Government's vision for gender equality—an Australia where people are safe, treated with respect, have choices, and have access to resources and equal outcomes no matter their gender.
The Australian Government's implementation of this Strategy will be guided by six principles, including a principle that efforts to drive gender equality must be inclusive and intersectional, and a principle that First Nations Australians must lead efforts to achieve gender equality for their communities.
There are specific areas identified for action for women that experience heightened barriers to equality. This includes considering improvements to how the family law system responds to victim-survivors, including ensuring cultural safety for First Nations victim-survivors.
This Strategy integrates and complements existing efforts across each of its priority areas and seeks to respond to the needs of First Nations women and girls, while working alongside actions and frameworks for First Nations gender justice.
The Australian Government commits to ensuring First Nations women are central to the design and implementation of services and supports to address violence in their communities. This includes, through DOHAC, the implementation of culturally safe, trauma informed, First Nations led designed and delivered maternal health activities such as Birthing on Country models of care which provide holistic wrap around services for First Nations women and infants (which are often inclusive of domestic and family violence support or referral pathways).
Recommendation 8
The committee recommends that:
• the Australian National Audit Office (ANAO) gives serious consideration to auditing the Attorney-General’s Department (noting the independence of the ANAO), as part of its Annual Audit Work Program 2025–2026, to assess whether the department is effectively delivering on the commitments agreed by the Australian government under the:
o National Agreement (in particular, Target 13);
o National Plan to End Violence against Women and Children 2022–2032;
o Aboriginal and Torres Strait Islander Action Plan 2023–25;
o the First Nations National Plan, once in effect; and
• not later than six months after the conclusion of any ANAO audit, the Senate directs the Legal and Constitutional Affairs References Committee or the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs to consider the ANAO's findings and assess the Attorney-General's Department's response to the audit. In the event that the ANAO declines to undertake the audit, then another independent body should be tasked with conducting the audit on the basis referred to above.
Note
As an independent officer of the Parliament the Auditor-General's responses to parliamentary committee recommendations directed to the ANAO are not included as part of the government response. The ANAO has provided a response to this recommendation directly to the Senate Legal and Constitutional Affairs References Committee.
Recommendation 9
The committee recommends that the Australian Press Council considers and reflects on the evidence given in this inquiry, with regard to how the media portrays cases of murdered and disappeared First Nations women and children, and considers how the concerns of First Nations communities and families can be positively addressed, including through the introduction of additional Standards or Advisory Guidelines or amendment of the existing Standards and Advisory Guidelines.
Note
The Australian Press Council is an independent organisation. The Minister for Indigenous Australians, Senator the Hon Malarndirri McCarthy, will write, copying the Minister for Communications, the Hon Michelle Rowland MP, to the Australian Press Council to ensure it is aware of this recommendation in the Report.
Support in principle
The Australian Government welcomes the recommendations and suggestions made by the inquiry and will consider their implications for policy and program development including in the development of the standalone Aboriginal and Torres Strait Islander Family Safety Plan.
On 6 September 2024, National Cabinet agreed several initiatives to better identify high-risk perpetrators, share information about them across systems and state boundaries, and intervene earlier to stop violence escalating.
This included development of new national best-practice family and domestic violence risk assessment principles and a model best-practice risk assessment framework. DSS is leading delivery of this initiative which involves working in close consultation with a range of stakeholders. This includes First Nations people and communities, to support specific
consideration of the application of project outputs to this cohort, recognising the unique, complex and intersecting nature of the ways in which family and domestic violence is experienced by First Nations peoples.
T e Supporting Adolescent Boys Trial is an early intervention program that seeks to provide tailored support to young men and adolescent boys who have experienced family and domestic violence to help them recover, heal and avoid choosing to use violence themselves. One trial site in Broome, Western Australia will be focused on supporting First Nations young men and boys. A second First Nations dedicated trial site will be established in the Northern Territory in early 2025. In establishing the trial, providers are encouraged to conduct consultation within the first 3 months of the grant activity period with local community members, Elders and cultural authorities, partners and other service organisation to ensure the trial is delivered in an appropriate way within the trial site.hThis approach is aligned with the Action Plan, which recognises that actions to address gender-based violence should include all men; to create better emotional, spiritual and cultural wellbeing for men, their families and the community. In addition, First Nations men must be supported to lead healing work with men and boys, empowering them to regain their dignity, determination, health and wellbeing, and engagement as positive community role models.
The Australian Government committed $27 million over 5 years (2022-23 to 2026-27) to work in partnership with state and territory governments to apply innovative approaches to address family, domestic and sexual violence perpetrator behaviour. Six states and territories (ACT, NSW, NT, SA, Victoria and WA) are undertaking at least one project (scoping study or trial) with a focus on Aboriginal and Torres Strait Islander populations. Projects include dedicated consideration of the needs and experiences of First Nations communities and are being developed in collaboration with or led by ACCOs.
Australian Greens Recommendation 1
That the government urgently acts to provide sufficient funding, including through additional National Legal Assistance Partnership support, to deliver and expand First Nations led community services that are able to provide advocacy and support services to assist First Nations women to report incidents of violence and threats of violence to police in a way they will be both respected and heard.
Note
Please see the Government Response to Recommendation 5 and 6 of the majority report.
Australian Greens Recommendation 2
That the position on the Domestic, Family and Sexual Violence Commission should be that of a Commissioner.
Note
Please see the Government Response to Recommendation 4 of the majority report.
Australian Greens Recommendation 3
That the Australian government works with First Nations communities to develop an Aboriginal and Torres Strait Islander violence prevention framework for men and boys.
Note
Please see the Government Response to Recommendation 10 of the majority report.
Australian Greens Recommendation 4
That an alternative body to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs be developed for measuring progress regarding the development of harmonised best police practices across federal, state, and territory police forces (Recommendation 2 in the majority report).
Note
Please see the Government Response to Recommendations 2 and 3 of the majority report.
Australian Greens Recommendation 5
That the Australian government works with the United Nations’ existing formal mechanisms for gender and Indigenous rights to provide international oversight over Australia’s progress on the issue of missing and murdered First Nations women and children.
Note
As stated in UNDRIP, all First Nations women and children are entitled to enjoy full protection and guarantees against all forms of violence and discrimination.
As a party to the Convention on the Elimination of All Forms of Discrimination against Women (Convention), Australia has an obligation to periodically report on the legislative, judicial, administrative or other measures adopted in the implementation of the Convention. Periodic reporting occurs every 4 years and Australia will submit its ninth periodic report to the Committee on the Elimination of Discrimination against Women (Committee) in 2024.
Following submission of the report, Australia will be invited to appear before the Committee who will seek clarification or elaboration of any issue referred to in the report.
The Australian Government and state and territory governments provide input into the report, in addition to the Australian Government conducting a public consultation period prior to submitting the report to the Committee.
Australia engages bilaterally with key countries including the United States and Canada to discuss these issues in United Nations mechanisms including at the United Nations Permanent Forum for Indigenous Issues.
Australian Greens Recommendation 6
That the Australian government develops clear, best practice policies for the timely provision of information, including autopsy results and coroners’ reports, to the families of missing and murdered women and children.
Note
The Australian Government recognises the importance of autopsy results and coroners' reports being provided in a timely, culturally safe and trauma informed manner, to support the families of missing and murdered women and children engage in the justice system.
The duties, procedures and reporting requirements of coroners are legislated in each state and territory. Any reform to legislation or related policies would be a matter for state and territory governments.
Australian Greens Recommendation 7
That the Australian government ensures that specialised resources for missing persons casesareused,andthatculturalsafetyandtrauma-informedprotocolsareincorporatedinto police procedures.
Note
The Australian Government acknowledges that states and territories have primary responsibility for missing person cases. Incorporating cultural safety and trauma-informed protocols into police practices would be a matter for state and territory police, as outlined in the Government Response to Recommendations 2 and 3 of the majority report.
At the Commonwealth level, the AGD has engaged the Australia New Zealand Policing Advisory Agency (ANZPAA) as project manager responsible for the development and implementation of the Family, Domestic and Sexual Violence Law Enforcement Training Measure. ANZPAA's 'Anti-Racism and Cultural Diversity Principles' will inform both the development and content of the training.
Australian Greens Recommendation 8
That the Australian government develops targets around the elimination of racial profiling and the identification of victims and perpetrators.
Note
The Australian Government is developing the Family, Domestic and Sexual Violence Law Enforcement Training Measure, which will help address identifying both the person in most need of protection and the primary aggressor to reduce instances of misidentification.
Additionally, the training will address unconscious bias and its impact on policing, and identifying and managing personal, organisational and societal biases and perceptions. There is also work underway through the Justice Policy Partnership to develop a national Anti- Racism Strategy for the justice sector, focused on addressing racism against First Nations peoples.
Australian Greens Recommendation 9
That the Australian government provides support for First Nations community services, to provide advocacy to assist First Nations women to report violence and threats.
Note
Please see the Government Response to Recommendation 6 of the majority report.
Australian Greens Recommendation 10
That the Australian government clearly defines the data-points that we expect from each jurisdiction and places targets on their effective collection and availability across the network.
Note
The Australian Government is consulting with states and territories to determine priorities for addressing gaps, including state and territory level data that can be supplied to establish a national picture.
Through the AFP led National Missing Persons Coordination Centre there is a continued commitment to standard data collection on missing persons from states and territory jurisdictions and the use of that data to derive insights to better inform agency responses.
Please see the Government Response to Recommendation 3 of the majority report.
Australian Greens Recommendation 11
That the Australian government develops a stand-alone national plan of action, including best practice policing processes and measurement against Target 13 of the Closing the Gap agenda.
Note
To address Target 13 of the National Agreement, including measures to combat the prevalence of missing and murdered First Nations women and children, the Australian Government is committed to delivering the Family Safety Plan. Once delivered in June 2025, the Family Safety Plan will be a signature piece of policy that will guide a whole of society approach to addressing the unacceptable rates of violence against First Nations women and children. Targeted engagement with key Commonwealth agencies will begin shortly to ensure that achievable actions to implement best practice policing processes and measurement against Target 13 of the National Agreement are incorporated into the Family Safety Plan.
The AGD is currently working with the states and territories to develop the Family, Domestic and Sexual Violence Law Enforcement Training Measure for police across all jurisdictions. The Training Measure will work towards implementing best practice policing processes and measures against Target 13 of the National Agreement. Where appropriate the Australian Government will incorporate activities planned for the Training Measure within the Family Safety Plan, to actively support its development and implementation.
Australian Greens Recommendation 12
That the Australian government reviews and tables a comprehensive report detailing the connection between missing and murdered First Nations women and children and the failure to implement the outstanding recommendation of the Royal Commission into Aboriginal Deaths in Custody and Bringing Them Home report.
Note
Consistent with the central finding of the Royal Commission, the Australian Government is taking a system-wide approach to reducing the unacceptably high number of First Nations peoples entering prison and youth detention, including through its justice reinvestment programs.
In the 2022-23 Budget, the Australian Government committed $81.5 million to expand and establish justice reinvestment initiatives to improve justice outcomes for First Nations peoples. An additional $10 million over four years was committed in the 2023-24 Budget for the Justice Reinvestment in Central Australia Program. These investments will enable communities to design and implement initiatives to reduce contact with the criminal justice system through prevention, early intervention and rehabilitation.
In addition to the commitment to justice reinvestment, on 21 June 2023, the Australian Government established a national real-time reporting of deaths in custody dashboard, to bring additional transparency and accountability to this serious issue. The dashboard can be accessed on the Australian Institute of Criminology's website.
The 2018 Deloitte Access Economics Review of the implementation of the Royal Commission into Aboriginal Deaths in Custody, found that the Commonwealth had fully or partially implemented 222 of the 223 recommendations for which it was responsible (including where there was shared responsibility with jurisdictions), with 91 per cent mostly implemented, and 74 per cent fully implemented.
The Australian Government accepts these findings, and the NIAA continues to work with partners through its policy and programs to address issues raised by the Royal Commission relating to reforming the justice system, self-determination, empowerment and the socio- economic drivers of crime (housing, jobs, education and health).
Australian Greens Recommendation 13
That the Australian government publicly commits to fully implementing the recommendations of the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs on the UN Declaration for the Rights of Indigenous People.
Note
The Australian Government is carefully considering the report and recommendations of the Inquiry into the application of the UNDRIP in Australia.
That the Senate take note of the documents.
Grieving families are not asking you to keep better count of our dead, or seeking commemorations and condolences for our losses … These families want justice for racial and gendered violence against Indigenous women. These families want accountability and safety for our communities now.
Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2024
Sydney Airport Demand Management Amendment Bill 2024
Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
customs tariff amendment (incorporation of proposals and other measures)
The Customs Tariff Amendment (Incorporation of Proposals and Other Measure) Bill 2024 amends the Customs Tariff Act 1995 to incorporate the measures in two customs tariff proposals moved in the House of Representatives in July this year. The Bill also makes certain minor technical amendments to the Customs Tariff Act.
The first set of amendments in the Bill are consistent with the alterations made by Customs Tariff Proposal (No. 1) 2024, moved in the House of Representatives on 3 July 2024. These amendments repeal the general rates of duty for over 450 tariff classifications and replaces the rates with 'Free'.
These tariff classifications were selected because most importers were applying relevant tariff concessions or free trade agreement preferential rates, which effectively reduced the 5 per cent duty rate to a 'Free' rate of duty. Eliminating customs duty for these classifications will reduce business compliance costs and make it easier to import a range of goods including toothbrushes, electric blankets, washing machines and a range of clothing and footwear. This is the largest unilateral tariff reform in two decades. The 'Free' rate of duty for these tariff classifications applied from 1 July 2024.
Amendments will also be made to the corresponding free trade agreement preferential rates to ensure they are not higher than the general rate of duty. This ensures that importers utilising free trade agreements are not disadvantaged by the unilateral reduction of the general rate.
The second set of amendments are consistent with the alterations made by Customs Tariff Proposal (No. 2) 2024, also moved in the House of Representatives on 3 July 2024.
These amendments extend the 'Free' rate of customs duty applied to goods that are the produce or manufacture of Ukraine. As a result, goods from Ukraine will continue to benefit from a 'Free' rate of duty until 3 July 2026. This 'Free' rate of duty applies to all Ukrainian goods, except for excise-equivalent goods (being petroleum, fuel, tobacco and alcohol products).
The extension of the concessional treatment supports Ukraine's continued participation in international trade. The tariff concession is one part of Australia's package of defence, economic and humanitarian support and a sign of our ongoing and steadfast support for Ukraine and its people.
The third set of amendments are technical amendments, which repeal spent phasing rates and associated provisions. Phasing rates are customs duty rates that incrementally reduce to 'Free' over a specified period of time.
A number of the phasing rates in Schedules 3, 10 and 11 to the Customs Tariff Act have incrementally reduced to 'Free'. The increments are now redundant and no longer required in the text of the Customs Tariff Act. The repeal of these provisions will simplify the text without altering the operation of the Act or the duty rates applied to any goods.
I commend this Bill to the Chamber.
sydney airport demand management amendment bill 2024
The Albanese Government is undertaking the most significant reforms to Australian aviation in a decade to drive competition, improve consumer outcomes and boost resilience. This Bill takes the next step in that reform process.
In February this year, a major package of reforms to the Sydney Airport demand management scheme was announced, improving the use of this significant piece of national infrastructure while maintaining community protections.
Since announcement of these reforms, the work of implementation has begun.
The first slot audit is well underway, with findings to be released in coming months.
And, importantly, an open tender is underway to contract the slot manager, including stronger independence requirements to manage real and perceived conflicts of interest.
This Bill takes the next step in implementing Sydney Airport reforms to deliver better outcomes for the Australian travelling public.
Australia's busiest airport, Sydney Airport, is our major international gateway to the world and a critical hub for the national aviation network.
Located in the heart of Australia's biggest city, Sydney Airport poses a number of challenges and community impacts that are not shared with other Australian airports.
It is capacity constrained, it has no room to expand, and it is located close to dense residential communities.
Since the opening of the parallel runway in 1997, the Airport has operated under a unique demand management framework that balances managing operational capacity at the airport, community concerns about aircraft noise and ensuring access for regional NSW cities and towns.
Over time however, this Framework has fallen out of date, harming productivity, resilience and competition.
It is essential that this Framework enables the Airport to perform to its fullest potential, while ensuring that communities on the ground are not unduly impacted.
That is what these reforms will deliver.
Taken together, these reforms will encourage competition. By moving the responsibility for making the Slot Management Scheme from the Slot Manager to the Minister, the demand management system will be able to be updated so that it better aligns with modern international standards, while significantly increasing transparency about how slots are allocated. Airlines will be required to provide regular information on how they use slots, such as reasons for cancellations or major delays, and this monitoring information will be regularly published through independent audits.
These reforms will crack down on slot misuse by modernising the compliance regime to include new civil penalties for failing to use a slot, for no-slot and off-slot movements, for flight operations conducted not in accordance with slot requirements, for applying for slots with no reasonable prospects of using them and for failing to return or transfer unused slots, along with updated and strengthened enforcement tools for the Government to watch airlines more closely and take effective legal action where necessary.
New transparency powers are being introduced to support the strengthened compliance regime. This will include a power for the Minister to compel airlines to produce information on slot usage and a requirement for the Slot Manager to regularly publish information about how slots are issued to airlines, how the airlines use them (such as information about cancellations and delays), and information about airlines that lose slots when they break the rules on slot misuse. This will help make sure that consumers have better information about airline performance.
These reforms will improve connectivity for regional communities by allowing regional NSW services to apply to use any slot during new peak period hours, not just the slots that are already set aside for priority access by regional NSW services. In addition, when allocating slots to airlines, the Slot Manager will be required to consider giving priority to regional NSW airlines asking for peak period slots among the other priorities for slot allocation.
The reforms will also boost resilience of the entire aviation network by introducing a 'recovery period'. This strictly controlled 'recovery period' will be implemented after severe weather events or other major disruptions (for example; security issues) to temporarily allow up to 85 movements per hour for a maximum of two hours on the same day following the disruption. This change will not increase noise impacts on communities, but it will mean more travellers can reach their destinations and spend the night at home rather than on a terminal floor or in a hotel room.
This package of reforms will benefit the flying public and include strong protections for communities affected by aircraft noise and those in regional areas.
Those better outcomes for the travelling public are at the heart of the significant reforms being undertaken all across aviation.
From better monitoring airline performance and pricing to improving outcomes for travellers with disabilities and creating the first Aviation Industry Ombuds Scheme—the Albanese Government is undertaking the most significant aviation reform agenda in a decade, delivering reforms that were left in the 'too hard' basket by those opposite.
Along with the opening of Western Sydney International Airport in 2026, this reform package will enable a more competitive, transparent and productive aviation network for years to come.
treasury laws amendment (mergers and acquisitions reform) bill 2024
Today I am proud to introduce the Treasury Laws Amendment (Mergers and Acquisitions Reform) Bill 2024.
This Bill is another big step towards reforming Australia's merger rules and further boosting competition and productivity in our economy.
It outlines the biggest reforms to Australia's merger settings in almost 50 years.
It will create a regime that more efficiently and effectively targets mergers that are anti-competitive, while allowing mergers that are pro-competitive to proceed faster.
We understand most mergers have genuine economic benefits and are an important feature of any healthy, open financial system.
They can attract capital, re-tool businesses and improve the uptake of new technologies.
They can allow businesses to achieve greater economies of scale and scope, to access new resources, technology and expertise.
This can flow through to consumers via greater product choice and quality as well as lower prices.
But some mergers can cause serious economic harm.
This can happen when businesses are not interested in improving profitability by lifting productivity.
When they're solely focused on squeezing out competitors to capture a larger percentage of the market.
This can strangle innovation, reduce productivity in our economy and punish consumers with reduced choice.
Treasury's Competition Taskforce has spent a lot of its time hearing about and thinking about these issues.
This Taskforce and its work has made plain that Australia's approach to mergers is no longer fit for purpose.
The need for reform is clear.
Australia is one of only 3 OECD countries that doesn't require compulsory notification of mergers.
Last year, over 1,400 mergers were recorded, at a value of around $300 billion.
Meanwhile, the ACCC looked at an average of 330 mergers a year over the past decade.
But we don't know whether these are the right 330, or the mergers with the greatest potential to cause harm.
When the ACCC does assess mergers, the current approach is not transparent for businesses or the community.
Clearance can be too slow and cause expensive delays for some businesses as they wait.
This legislation will bring our merger system into the 21st century.
This Bill enshrines our historic reforms into law.
The legislation will improve our regime in five ways, by making the system faster, stronger, simpler, more targeted and more transparent.
Approvals will be faster under the new system, with mergers ticked within 30 working days where the ACCC is satisfied they pose no threat to competition.
The regime will be stronger thanks to a mandatory notification system and empowering the ACCC as the decision maker on all mergers.
The system will be simpler, because we are reducing three streams to a streamlined path to approval that removes duplication and standardises notification requirements for mergers.
It will be more targeted, because mergers that create, strengthen or entrench substantial market power will be identified and stopped while those consistent with our national economic interest will be fast tracked.
Finally, the merger regime will be more transparent, by ensuring the ACCC has better visibility of merger activity.
We are creating a public register of all mergers and acquisitions notified to the ACCC to promote this transparency and accountability.
Reviews of ACCC decisions will be the responsibility of the Competition Tribunal made up of a Federal Court judge, an economist and a business leader.
Under the strengthened system, not every merger will be captured.
Only mergers above monetary thresholds will need to be notified to the ACCC and be approved before proceeding.
The Government intends to set these monetary thresholds in regulations following the passage of this Bill.
There will be three key thresholds.
Firstly, any merger will be looked at if the Australian turnover of the combined businesses is above $200 million, and either the business or assets being acquired has Australian turnover above $50 million or global transaction value above $250 million.
Secondly, the ACCC will look at any merger involving a very large business with Australian turnover more than $500 million buying a smaller business or assets with Australian turnover above $10 million.
Finally, to target serial acquisitions, all mergers by businesses with combined Australian turnover of more than $200 million where the cumulative Australian turnover from acquisitions in the same or similar goods or services over a 3-year period is at least $50 million will be captured, or $10 million if a very large business is involved.
Land acquisitions involving residential property development and certain commercial property acquisitions won't be included to avoid clogging up the system with simple land purchases unless they are captured by additional targeted notification requirements.
These thresholds have been developed in close consultation with industry and the community.
The thresholds strike the right balance between creating a rigorous and robust regime without calling in every merger.
These thresholds will allow the ACCC to focus its efforts on the mergers that really matter.
We want to see the majority of mergers approved quickly, so the ACCC can focus on the minority that give rise to competition concerns.
The thresholds will be reviewed 12 months after coming into effect, to ensure they are working as intended.
In addition, the legislation provides flexibility to allow the Treasurer to adjust and calibrate the thresholds to respond to evidence-based concerns from the ACCC about high-risk mergers, like in the supermarket sector.
This power, combined with the thresholds, will allow the ACCC to review all the mergers that they have been typically concerned about.
Using this provision, the Government intends to make sure the ACCC is notified of every merger in the supermarket sector.
Our intention to mandate this approach is based on evidence provided by the competition regulator.
Reviewing every supermarket merger is all part of the decisive action our Government is taking to help Australians get fairer prices at the checkout.
We want to make sure supermarket mergers don't come at the cost of Australians, families and pensioners getting a fair price on their grocery bills.
Our merger reforms will help ensure our supermarkets are as competitive as they can be so Australians get the best prices possible.
On the advice of the ACCC Chair, the Government also intends to use this power to get the competition regulator to review purchases of an interest above 20 per cent in an unlisted or private company, if one of the companies involved in the deal has turnover more than $200 million.
This is all about lifting the level of scrutiny and transparency for private markets transactions, which have boomed in Australia in the past decade.
It will give the ACCC the ability to analyse changes of control in private companies to ensure negative competition effects are avoided and to scrutinise these deals in more detail.
The Government will also consider designation requirements for sectors such as fuel, liquor and oncology-radiology.
These merger laws will take effect from 1 January 2026 and apply voluntarily from 1 July 2025.
This Bill has been developed through detailed consultation and we'd like to take a moment here to thank everyone for their contributions.
We're especially grateful for the input from the Expert Advisory Panel, comprising Kerry Schott, David Gonski, John Asker, Sharon Henrick, John Fingleton, Danielle Wood and Rod Sims.
I'm also thankful for all the discussions and consultation we have held with businesses, the competition regulator, and the broader community.
That input and those views helped shaped this legislation.
This Bill builds on the Albanese Labor Government's substantial and broad competition reform agenda, which is all about creating a more dynamic, more productive and resilient economy.
This includes revitalising National Competition Policy with all state and territory governments.
Abolishing around 500 nuisance tariffs to cut compliance costs, reduce red tape, make it easier to do business, and boost productivity.
Helping Australians get a fair price at the checkout with a new mandatory Food and Grocery Code, an ACCC inquiry and more funding for its investigations, reforming planning and zoning regulations and funding for CHOICE for price transparency reports.
Promoting competition in our financial system, including in payments, financial market infrastructure and through the introduction of a financial services regulatory grid.
Helping bank customers find and follow better deals on their mortgages and higher interest rates on their savings accounts.
This agenda will help expand choices, lift living standards and grow our economy.
It will help ensure that our people, businesses and industries are beneficiaries of the opportunities before us in the defining decade ahead.
The legislation I introduce today forms a key part of these competition reforms.
And we are proud to introduce it.
Full details of the measure are contained in the Explanatory Memorandum.
Electoral Legislation Amendment (Electoral Reform) Bill 2024
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Today the Government introduces the Electoral Legislation Amendment (Electoral Reform) Bill 2024 .
It proposes the largest reform to Australia's electoral laws in over 40 years, delivering on our commitment to strengthen and enhance the integrity of federal elections through improved transparency and accountability.
The Bill implements recommendations of the multipartisan Joint Standing Committee on Electoral Matters (JSCEM). JSCEM's recommendations and this Bill seek to remove the influence of big money in politics, so that our electoral system remains a system we can all trust.
Trust that election results are not unfairly skewed by 'big money'.
Trust that elections are a contest of ideas, not bank balances.
Trust that we know who is funding election campaigns with more information about campaign financing provided before voting day.
Changes to gifts
To improve political donation transparency, the Bill reduces the disclosure threshold from the current $16,900 to $1,000.
It raises the expenditure threshold for a 'third party' to $20,000 over a year, supporting small, local-issue campaigners to continue their advocacy and maintain fair reporting obligations.
The Bill also responds to community expectations by expanding the disclosure requirements for political donations that will be captured as gifts.
Expedited disclosure
The Government's Bill improves public reporting timelines, requiring gifts that meet the $1,000 threshold be disclosed sooner.
Instead of waiting up to 24 weeks after polling day, voters will be able to access information about who is funding elections and supporting candidates on and before voting day.
Once an election is called, donation disclosures will be required within 7 days, and 24 hours in the week before and after polling day. Outside of elections, monthly donation disclosures will be required.
Gift caps
Responding to JSCEM's recommendation, the Bill includes caps on political donations and caps on campaign spending.
Gift caps operate effectively in other Australian jurisdictions and internationally, limiting the growth and influence of excessive donations that damage the integrity of electoral systems.
Disproportionately large donations undermine the integrity of Australia's electoral system. So, under this Bill, political donations from the same donor to the same recipient have an annual gift cap of $20,000.
The gift cap will be indexed annually and apply to all persons and entities engaging in the federal electoral system. Donation caps will not affect donations made for a non-electoral purpose, or donations related to State, Territory, or local government elections.
Expenditure caps
The Bill also implements JSCEM's recommendation to establish caps on electoral expenditure including campaign spending.
The proposed expenditure caps aim to level the playing field, providing greater access for individuals and entities to participate in political debate.
The caps set a ceiling to protect the outcomes of Australian federal elections from being unfairly influenced by organisations or individuals with large amounts of money.
Registered political parties will share an expenditure cap with state branches (including related state branches), their endorsed candidates, elected parliamentarians and nominated entities.
Accounting
Other measures in this Bill will improve reporting through annual returns. Persons and entities will be required to disclose their gifts and electoral expenditure and submit their returns within eight weeks from December 31.
Election returns will be repealed, and candidates will instead submit annual returns. Donors to candidates will report gifts for a federal purpose under the expedited disclosure rules.
This Bill also implements JSCEM's recommendation that those engaged in political campaigning must establish a federal election Commonwealth campaign account to allow for better disclosure and monitoring. These accounts will capture all electoral expenditure and gifts received for a federal purpose.
Funding
Aligned with JSCEM's recommendation, the Bill introduces a new system of administrative funding, establishing administrative assistance funding for parliamentary parties and independent Parliamentarians. This provides registered political parties and independent members with the necessary financial support to meet the new transparency requirements.
JSCEM recommended an increase to public funding for parties and candidates and the Bill increases public election funding for eligible political parties and candidates. This seeks to offset some of the impact of gift caps, diminishing the reliance of political campaigns on private donors.
Other measures
This Bill introduces a number of other improvements and machinery measures.
It amends the Electoral Actto expand the eligibility criteria for pre-poll and postal voting to support those with a disability to vote, and their carers if they are unable to attend a polling booth due to their caring obligations.
The Bill simplifies reporting obligations for members of Senate groups by requiring they only report as a candidate, removing their additional reporting requirement as a 'Senate group member'.
This Bill will streamline and modernise the Australian Electoral Commission's existing powers to enforce the funding and disclosure requirements.
This will enhance the Commission's ability to investigate potential contraventions and broaden its power to prevent schemes that try to get around the funding and disclosure obligations in the Electoral Act.
The Bill also contains additional protections for voters and polling workers from harassment in the polling place. Inappropriate filming of polling places and polling officials without consent will be prohibited, as will live-streaming or publishing this filming.
Inappropriate filming that harasses Australians who want to vote, or that disrupts polling workers who are doing their job, will not be tolerated.
Conclusion
I thank the members of the Joint Standing Committee on Electoral Matters, and the former Committee Chair, the Member for Jagajaga, Kate Thwaites, for their dedicated work and for delivering recommendations aimed at strengthening our democracy.
I commend this Bill.
National Broadband Network Companies Amendment (Commitment to Public Ownership) Bill 2024
Oversight Legislation Amendment (Robodebt Royal Commission Response and Other Measures) Bill 2024
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
national broadband network companies amendment (commitment to public ownership) bill 2024
This Bill reaffirms the Australian Government's commitment to ongoing public ownership of the National Broadband Network (NBN) and to remove existing conditions that create a pathway to privatisation of this vital national infrastructure.
Introduction
The National Broadband Network Companies Amendment (Commitment to Public Ownership) Bill 2024 (the Bill) will amend the National Broadband Network Companies Act 2011 (NBN Act) to recognise in legislation the Government's policy that NBN Co Limited (NBN Co), the company that operates the National Broadband Network (NBN), remains in public ownership. The Bill also makes minor consequential amendments to the NBN Act and to theTelecommunications Act 1997 .
Context of the Bill
In December 2022, the Ministers for Finance and Communications, as joint Shareholder Ministers for NBN Co, issued an updated Statement of Expectations which confirms the Government policy to keep NBN Co in public hands for the foreseeable future, providing the company with the certainty needed to continue delivering improvements to the network while keeping prices affordable.
This Bill strengthens that commitment and makes it part of the legislative framework. This change will remove the existing legislative conditions which, if satisfied, enable privatisation of NBN Co.
The NBN is critical national infrastructure
The NBN was established by the Labor Government because of the failure of the former Coalition Government to foresee and plan for the digital transformation of the economy. The sale of Telstra by the Coalition sold out communities, particularly in rural and regional Australia, both in terms of critical infrastructure investment and service quality for consumers. Crucially, the Telstra sale also deprived the Government of strategic levers to drive the investment necessary for Australians to fully access reliable high speed broadband and the productivity and digital inclusion benefits that delivers.
That is why it remains vital that the ongoing mission and focus of the NBN to deliver affordable, accessible high speed broadband to all Australians, be guided by the public interest, rather than the commercial interests of a privileged few.
We will retain strong regulatory oversight of the pricing of NBN wholesale products by the ACCC.
And the Government will continue to act in the interests of regional communities to narrow the digital communications divide.
The NBN is Australia's digital backbone, carrying the majority of the download traffic for Australian households and the NBN also carries a significant proportion of voice traffic for consumers. It is critical for this national infrastructure to be reliable, resilient and secure. In a time of rising risks of cyber-security we will ensure that the NBN stays in the ownership of the Australian people.
The NBN reaches over 12.4 million premises across Australia. Currently, more than 8.6 million homes and businesses in Australia are connected to the NBN.
The Government has been making ongoing investment in the NBN to bring the benefits of high-speed broadband to more Australians. This Government support includes a commitment of $2.4 billion to replace the deteriorating copper network with fibre, which provides 90 per cent of Australians—around 10 million premises in the NBN fixed-line footprint—with access to faster and more reliable broadband.
This investment is already delivering benefits with increased reliability, fewer faults and access to higher speeds.
In addition, the Government and NBN Co are delivering a $750 million investment to upgrade services in the NBN fixed wireless network, which has flow on benefits to NBN satellite services. This investment has already delivered uplifted speeds on existing plans and has introduced new fixed wireless high-speed tiers, with wholesale peak download speeds that range from 200 megabits per second (Mbps) and up to 400 Mbps.
The upgrade has also enabled unlimited data to be introduced for NBN satellite plans with download speeds of up to 100 Mbps.
The NBN is vital nation-building infrastructure, essential to the wellbeing, safety and prosperity of Australians. An NBN that provides fast, reliable and affordable connectivity is critical to Australian households and businesses having access to key services to drive productivity growth,support digital inclusion and equitable access.
Keeping NBN Co in public hands is better for Australia
Keeping NBN Co in public hands will ensure the company has the certainty necessary for its investment planning and operational decisions needed to maximise the economic and social benefits of the NBN. This is in contrast to a privately owned NBN Co that would be focussed on maximising the profits of its owners and not have strong incentives to make the investments needed to keep prices affordable and connect Australians in regional and remote Australia, including First Nations communities.
There will be no conditions or stepping stones to privatisation
The NBN Act currently sets out conditions that once satisfied, would enable a future Government to initiate privatisation of the company. Once these conditions are met and a sale scheme completed, there would no longer be whole public ownership of NBN Co.
Since the Government has no intention to sell the NBN, there is no requirement for a legislative sale scheme. Other Government Business Enterprises, for example Australia Post, do not have provisions for sale in their enabling legislation.
This bill removes that pathway to privatisation and commits to keeping the NBN wholly owned by the Australian people. A new section 43A will be introduced in the NBN Act to make clear Parliament's intention that NBN Co would remain wholly-owned by the Commonwealth.
The Bill would not change the operation of the NBN
It is proposed that the Bill will commence on the day after the Royal Assent.
Importantly, the amendments proposed by the Bill are largely mechanical in nature and do not change the operations of the NBN. These are proportionate and balanced amendments consistent with the Government's policy to keep the NBN in public hands.
The proposed new statement of Parliamentary intent would, in recognition of the national significance and nationwide accessibility of the NBN, further reaffirm the importance of NBN Co remaining in public hands, and safeguard Australia's long term economic and security interests.
Conclusion
Through this Bill, the National Broadband Network Companies Act 2011 will be amended to remove conditions enabling a future Government to privatise NBN Co. These changes reinforce in legislation the Government's commitment.
The Bill provides certainty to stakeholders, including broadband consumers, the wider telecommunications industry, broadband retailers, and NBN Co, that the Commonwealth will continue to retain ownership of NBN Co. This certainty supports the Government commitment for NBN Co to provide high-speed and reliable broadband connectivity for Australians.
oversight legislation amendment (robodebt royal commission response and other measures) bill 2024
The Report of the Robodebt Royal Commission made it clear. Strong and effective oversight mechanisms are fundamental to safeguard the community in their dealings with government. Trust in government depends on this.
The Royal Commission concluded that the Robodebt scheme was a crude and cruel mechanism, neither fair nor legal.
Stronger scrutiny may have prevented the scheme's continuance.
But the Royal Commission found that institutional checks and balances that should have raised serious questions about the Robodebt scheme were ineffective. And, in some cases, these checks and balances were intentionally impeded.
The Government's response to the Royal Commission committed to improving public trust in government. It recognised the importance of impartial, independent and robust oversight to deliver on this commitment.
This Bill delivers on recommendations of the Robodebt Royal Commission. It will bolster the powers and capability of oversight agencies to ensure a failure like the Robodebt scheme can never happen again.
Because, central to the institutional checks and balances that could have made a difference to the outcomes of the Robodebt scheme, are independent and external oversight bodies.
Oversight makes our institutions stronger. Oversight makes our democracy better. And most importantly, oversight keeps government agencies accountable to the people they serve.
For these reasons, the Government is introducing amendments to the Ombudsman Act to ensure that Commonwealth agencies are subject to stronger and more rigorous oversight.
The Bill
This Bill recognises the importance of ensuring the Ombudsman has the necessary legislative powers to undertake full, independent and transparent investigations.
The Robodebt Royal Commission made two recommendations for legislative change to the Ombudsman Act.
First, that a statutory duty be imposed on departmental secretaries and agency heads to ensure their department or agency uses their best endeavours to assist the Ombudsman in an investigation. The Royal Commission also recommended a corresponding duty be imposed on the part of Commonwealth public servants.
The Bill implements this recommendation in full. But it goes further than this. The Bill extends the statutory duty to assist the Ombudsman to all of the Ombudsman's functions.
This means that agencies will be required to assist regardless of whether the Ombudsman is making preliminary inquiries, conducting an investigation, or following up on implementation of their recommendations.
In doing so, the Bill reinforces the responsibility of heads of agencies to ensure their agency acts in good faith and proactively assists the Ombudsman in the performance of all of their functions. By imposing this duty on the staff of agencies, the Bill also ensures the responsibility to assist the Ombudsman is clearly individually borne by all those in the public service.
The second recommendation for legislative change was that the Ombudsman be conferred with a power requiring Commonwealth agencies to provide all reasonable facilities and assistance to the Ombudsman when the Ombudsman exercises their power to access an agency's records.
Amendments in the Bill deliver on the full intent of this recommendation. The Bill ensures that the Ombudsman has strong powers to obtain full, free and direct access to agency records as part of an investigation.
To further enhance the Ombudsman's ability to access an agency's records, the Bill also specifically empowers the Ombudsman to obtain access to records remotely. These amendments ensure that the Ombudsman has a modern suite of effective information-gathering powers to keep agencies accountable.
While most agencies engage in good faith with the Ombudsman, the findings of the Robodebt Royal Commission made it clear that the Ombudsman should not have to be reliant on this assumption.
The amendments made by the Bill will ensure that the Ombudsman does not need to depend on government agencies to undertake searches and provide documents and information in the course of an investigation.
The new and enhanced duties and powers in the Bill will be extended to apply in respect to all statutory offices of the Ombudsman under the Act, such as the Private Health Insurance Ombudsman, Postal Industry Ombudsman and Overseas Students Ombudsman. This means that, whether they are dealing with Commonwealth agencies or other sectors such as private health, postal or education providers, the public can have confidence that the Ombudsman has effective oversight powers.
The Government also recognises the importance of the Inspector-General of Taxation and Taxation Ombudsman in providing assurance to the community that taxation laws are being administered with integrity. The Bill implements the commitment in the Government Response to the Robodebt Report to introduce equivalent amendments for the Inspector-General as for the Ombudsman.
Conclusion
Strong institutions are fundamental to the key mandate of government—meeting the needs of the community that it exists to serve.
The public must be confident that government agencies are acting with integrity and accountability. And that they act in a manner that is lawful, fair and transparent.
The Government has committed to improve this public trust.
This Bill bolsters the powers and capability of oversight bodies to ensure that government agencies are accountable.
Migration Amendment Bill 2024
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The decision of the High Court yesterday is not the one the Government wanted—but it is one we were prepared for.
That's why the Government is in a position to take immediate steps to protect community safety.
This morning I attended Government House, where Her Excellency the Governor-General signed new regulations that will allow us to continue to use curfews and electronic monitoring devices—ankle bracelets—as visa conditions on the NZYQ cohort.
These visa conditions are designed to protect the community—not as a punitive measure.
The new regulations were ready to go because the Government was meticulously prepared for every possible outcome of the YBFZ case.
Those regulations are now in effect.
This legislation will support those regulations—but it is not necessary to give them effect.
Part of the reason these changes are necessary is because the High Court has objected to certain conditions being presumed unless the Minister finds otherwise rather than requiring a positive decision from the Minister.
This particular provision was not in the original Bill introduced to this Parliament but became part of amendments agreed to between the Government and Opposition before the legislation was finalised.
New community protection test
These changes establish a revised community protection test in the Migration Regulations, requiring (among other things) that the Minister is satisfied on the balance of probabilities that the holder of a Bridging Visa (Removal Pending)—known as a BVR—poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence.
Under the revised test, the Minister must also be satisfied on the balance of probabilities that the imposition of each condition (in addition to the other conditions imposed on the BVR) is:
The amendments of the Migration Regulations also necessitate certain amendments of the Migration Act 1958.
Section 76E at the moment is not consistent with the new regulations. The way the regulations have been drafted it will be some weeks before section 76E will be required to be used.
Therefore while it is important for this legislation to go through within a reasonable time it does not have to be rushed through this week.
Section 76E provides BVR holders an opportunity to make representations to the Minister if they are granted a BVR with electronic monitoring, curfew or certain financial reporting conditions imposed, and for the Minister to consider whether to grant a new BVR without one or more of those conditions (subject to the community protection test).
Enhanced removals powers
This legislation will also strengthen and streamline the Government's power to remove to third countries people who have had their visas cancelled.
When someone's visa is cancelled, for any reason, the first preference of the Government is for them to leave the country, voluntarily or involuntarily.
One of the most basic principles of our migration system is if you are in Australia you should either be a citizen or have a visa.
We will of course exercise our removal powers in accordance with our international non-refoulement obligations.
This legislation will:
Enabling amendments
To enable the effective operation of the proposed amendments in the Bill the Bill also includes:
I commend the Bill to the house.
That this bill and the Migration Amendment (Removal and Other Measures) Bill 2024 may be taken together for their remaining stages.
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 21 February 2025:
The role of Australia's intelligence, diplomatic and law enforcement agencies, with particular reference to:
(a) the ability of the Australian Security Intelligence Organisation and the Australian Federal Police to investigate former politicians who allegedly act against Australia's interests;
(b) the ability of these agencies to examine Australian university staff in relation to allegedly false claims, particularly in regard to the origins of COVID-19, which endanger national security and health infrastructure;
(c) the relationship between Australia's agencies and those of the United Kingdom of Great Britain and Northern Ireland and the United States of America in dealing with false leads, and their ability to ensure that they are not sharing incorrect information, such as that passed by a former High Commissioner to the United Kingdom to United States intelligence about Donald Trump; and
(d) any other related matters.
The Senate divided. [18:30]
(The Acting Deputy President—Senator Hughes)
That the following matter be referred to the Community Affairs References Committee for inquiry and report by 12 February 2025:
The failure of Australia to adopt evidence-based safeguards on the use of puberty blockers for gender dysphoric adolescents, aligning with international best practices, with particular reference to:
(a) the dangers posed by puberty blockers, as evidenced by poor-quality and inconclusive research on their safety and efficacy;
(b) the inadequacy of current Australian safeguards compared to more precautionary approaches adopted in New Zealand, the United Kingdom and other nations;
(c) the over-reliance on experimental treatments instead of prioritising holistic, psychological and social interventions for young people experiencing gender dysphoria;
(d) the lack of regulation and oversight of off-label prescriptions of puberty blockers in Australia;
(e) the absence of long-term data on the physical, mental health and fertility impacts of these treatments;
(f) the Government's role in ensuring proper medical, ethical and legal standards are applied to protect vulnerable adolescents;
(g) the stifling of dissenting medical and scientific views in public and policy debates on gender-affirming treatments; and
(h) any other related matters.
… Australia to adopt evidence-based safeguards on the use of puberty blockers for gender dysphoric adolescents, aligning with international best practices, with particular reference to:
(a) the dangers posed by puberty blockers, as evidenced by poor-quality and inconclusive research on their safety and efficacy—
(b) the inadequacy of current Australian safeguards compared to more precautionary approaches adopted in New Zealand, the United Kingdom and other nations;
(c) the over-reliance on experimental treatments instead of prioritising holistic, psychological and social interventions for young people experiencing gender dysphoria …
That the question be now put.
Universities Accord (Student Support and Other Measures) Bill 2024
(1) Clause 2, page 2 (table item 7), omit the table item.
(2) Schedule 2, page 29 (line 1) to page 31 (line 17), to be opposed.
(1) Clause 2, page 2 (after table item 6), insert:
(2) Page 28 (after line 10), after Schedule 1, insert:
Schedule 1A — Reduction of AASL, HELP, SSL, FS and VETSL debts
Australian Apprenticeship Support Loans Act 2014
1 At the end of Part 3.1
Add:
38A Rules must discharge an amount of accumulated AASL debts
(1) The rules must provide that an accumulated AASL debt that a person incurs on 1 June 2025 is discharged by 20%.
(2) Rules made for the purposes of subsection (1) have effect despite any other provision of this Act.
Higher Education Support Act 2003
2 At the end of Subdivision 140-C
Add:
140-45 Reduction of accumulated HELP debts on 2 June 2025
(1) If a person incurs an *accumulated HELP debt on 1 June 2025 for that financial year, then, on 2 June 2025, the person's accumulated HELP debt for that financial year is taken to have been discharged by an amount that is worked out in accordance with the following formula:
The amount of the person's accumulated HELP debt on 1 June 2025 x 0.2
(2) Subsection (1) has effect despite any other provision of this Act, other than section 140-30 (which deals with the rounding of amounts).
Social Security Act 1991
3 At the end of Part 2AA.3
Add:
1061ZVEG Minister must discharge an amount of accumulated SSL debts
(1) The Minister must, by legislative instrument, provide that an accumulated SSL debt that a person incurs on 1 June 2025 is discharged by 20%.
(2) An instrument made for the purposes of subsection (1) has effect despite any other provision of this Act.
4 At the end of Part 2B.3
Add:
1061ZZFPA Minister must discharge an amount of accumulated FS debts
(1) The Minister must, by legislative instrument, provide that an accumulated FS debt that a person incurs on 1 June 2025 is discharged by 20%.
(2) An instrument made for the purposes of subsection (1) has effect despite any other provision of this Act.
VET Student Loans Act 2016
5 At the end of Division 3 of Part 3A
Add:
23CG Rules must discharge an amount of accumulated VETSL debts
(1) The rules must provide that an accumulated VETSL debt that a person incurs on 1 June 2025 is discharged by 20%.
(2) Rules made for the purposes of subsection (1) have effect despite any other provision of this Act.
… handing $16bn to graduates is a reverse Robin Hood: it's a tax cut targeted to the big end of town—
with money going from the less well off to the better off.
It's a fairness fail.
Worse still, that $16bn does nothing for the nation's future.
Just sad to see this. Many good ways to "spend" ten billion. Attempting to buy 3 million votes in a close election is not a good one. We should be wary—creeping populism can grow for decades.
"This is an abominable idea that gives precious tax dollars to rich Australians while doing nothing to help with the currently elevated cost of living.
"If it is popular, it is because people don't understand this, and are being misled."
"This is exceptionally bad policy which favours the rich, doesn't help with current cost of living, and does nothing to encourage higher ed."
It is generally and correctly believed that the overall level of HECS-HELP debt has become excessive and that, in this context, a one-off 20 per cent cut in the level of debt is welcome …
That the House of Representatives be requested to make the following amendments:
(1) Clause 2, page 2 (table item 9), omit the table item, substitute:
(2) Schedule 4, page 34 (lines 1 to 25), omit the Schedule, substitute::
Schedule 4 — Pay students for mandatory placements
Part 1 — Main amendments
Higher Education Support Act 2003
1 After Part 2-2A
Insert:
Part 2-2B — Grants for Commonwealth stipends for students undertaking mandatory placements
Division 39 — Grants for Commonwealth stipends for students undertaking mandatory placements
39-1 What this Part is about
Grants are payable under this Part to Table A providers and Table B providers to pay, as a benefit to students, Commonwealth stipends to students who undertake a mandatory placement for a course of study with the provider.
Note: This Part does not apply to Table C providers: see section 5-1.
39-2 The Commonwealth Stipends Guidelines
Grants under this Part are also dealt with in the Commonwealth Stipends Guidelines. The provisions of this Part indicate when a particular matter is or may be dealt with in these Guidelines.
Note: The Commonwealth Stipends Guidelines are made by the Minister under section 238-10.
39-3 Eligibility of higher education providers to receive grants for Commonwealth stipends
(1) *Table A providers and *Table B providers are eligible to receive, for the year 2025 or a later year, a grant to pay, as a benefit to students, *Commonwealth stipends to students who *undertake a mandatory placement for a *course of study with the provider.
(2) A student undertakes a mandatory placement for a *course of study with a higher education provider if:
(a) the student undertakes a placement with an employer for which the student is not entitled to be paid remuneration; and
(b) the placement is a requirement of the course of study with the provider; and
(c) the student is *enrolled in the course of study with the provider; and
(d) the placement is authorised under a law or an administrative arrangement of the Commonwealth, a State or a Territory; and
(e) any other requirements prescribed by the Commonwealth Stipends Guidelines for the purposes of this paragraph are met.
(3) A provider that is eligible to receive a grant under subsection (1) is an eligible stipend provider .
39-4 Conditions of grants
(1) This section sets out the conditions of a grant under this Part for an *eligible stipend provider.
First condition — provider must pay Commonwealth stipends
(2) The first condition is that the provider must pay, to each student who *undertakes a mandatory placement for a *course of study with the provider, a *Commonwealth stipend worked out in accordance with section 39-5 for the hours the student undertakes in the placement.
Second condition — quality and accountability requirements
(3) The second condition is that the provider must meet the *quality and accountability requirements.
Third condition — other prescribed requirements
(4) The third condition is that the provider must meet any other requirements prescribed by the Commonwealth Stipends Guidelines for the purposes of this subsection.
39-5 Commonwealth stipends rate
(1) A *Commonwealth stipend for the hours in a day that a student *undertakes a mandatory placement for a *course of study with an *eligible stipend provider is worked out using the hourly rate mentioned in subsection (2) for the day.
(2) The hourly rate for a day is the national minimum wage (when expressed as a monetary amount per hour) set by a *national minimum wage order that is in operation on the day (whether the order has also taken effect on that day).
Note: For when a national minimum wage order comes into operation, see section 287 of the Fair Work Act 2009 .
(3) For the purposes of subsection (2):
(a) the national minimum wage is taken to be the wage set by the national minimum wage order for employees in relation to whom no exceptional circumstances exist (see subsection 287(2) of the Fair Work Act 2009 ); and
(b) if:
(i) the Fair Work Commission makes a determination under section 296 of the Fair Work Act 2009 varying a national minimum wage order; and
(ii) the day the determination comes into operation under section 297 of that Act is earlier than the day the determination is made;
the determination is taken to come into operation on the day the determination is made.
39-6 Amounts payable under this Part
Amounts payable
(1) If a higher education provider is eligible to receive a grant under this Part for a year, there is payable by the Commonwealth to the provider for the year, an amount equal to the greater of the following amounts:
(a) the amount worked out for the provider and the year using the method prescribed by the Commonwealth Stipends Guidelines for the purposes of this paragraph;
(b) the amount determined by the Minister under subsection (2) for the provider and the year.
Minister must determine sufficient grant amount
(2) The Minister must, by legislative instrument, determine an amount for an *eligible stipend provider and a year for the purposes of paragraph (1)(b).
Note: A single instrument may determine amounts for multiple eligible stipend providers and years.
(3) A determination of an amount under subsection (2) for a provider and a year:
(a) must be made before the start of the year; and
(b) may be varied at any time before the end of the year, but no later.
(4) Before the Minister makes an instrument under subsection (2):
(a) to determine an amount for an eligible stipend provider and a year; or
(b) to vary an amount for an eligible stipend provider and a year;
the Minister must be satisfied that the amount, as determined or varied, is sufficient for the provider to pay *Commonwealth stipends to students *undertaking a mandatory placement for a *course of study with the provider in that year.
39-7 Other matters relating to grants for Commonwealth stipends
The Commonwealth Stipends Guidelines may provide for, or in relation to, the following matters in respect of grants under this Part to *eligible stipend providers to pay *Commonwealth stipends to students *undertaking a mandatory placement for a *course of study with the provider:
(a) how grants to providers are to be made;
(b) how providers are to pay Commonwealth stipends to students of the provider;
(c) the conditions that apply to Commonwealth stipends;
(d) information that providers are to give to:
(i) the Minister; or
(ii) the *Chief Executive Centrelink or a Departmental employee (within the meaning of the Human Services (Centrelink) Act 1997 ); or
(iii) the Secretary, or an employee, of the Department administered by the Minister who administers the Veterans' Entitlements Act 1986.
39-8 Rollover of grant amounts
(1) If:
(a) a higher education provider to which a grant under this Part has been made in respect of a year fails to spend an amount of that grant; and
(b) the *Secretary determines under subsection (3) that this section is to apply to the provider in respect of that grant;
then so much of the unspent amount as the Secretary determines under that subsection is taken to be granted to the provider under this Part in respect of the next following year.
(2) The grant is taken to be made:
(a) under the same conditions as the conditions of the original grant except the grant is taken to be made in respect of the next following year; or
(b) under such other conditions as the Secretary determines under subsection (4).
(3) For the purposes of subsection (1), the Secretary may, by notifiable instrument, determine:
(a) that this section is to apply to a particular higher education provider in respect of one or more grants; and
(b) for each grant, an amount of the unspent amount of the grant.
(4) For the purposes of paragraph (2)(b), the Secretary may, by notifiable instrument, determine conditions that apply to one or more grants made to a particular higher education provider.
39-9 Constitutional basis of this Part
This Part relies on the Commonwealth's legislative powers under paragraph 51(xxiiiA) (benefits to students) of the Constitution.
39-10 Additional operation of this Part
(1) In addition to section 39-9, this Part also has effect as provided by this section.
Territories
(2) This Part also has the effect it would have if a reference to a grant under this Part were expressly confined to a grant in or in relation to a Territory.
Indigenous persons
(3) This Part also has the effect it would have if a reference to a student *undertaking a mandatory placement for a *course of study with a higher education provider were expressly confined to a student who is an *Indigenous person.
Part 2 — Other amendments
Higher Education Support Act 2003
2 After paragraph 3-5(1)(aa)
Insert:
(ab) grants for Commonwealth stipends;
3 After paragraph 5-1(4)(aa)
Insert:
(ab) Part 2-2B (Commonwealth stipends);
4 Section 8-1
Omit "4 kinds" (wherever occurring), substitute "5 kinds".
5 Section 8-1
After:
insert:
6 Subparagraph 22-15(1)(a)(i)
After "2-2A,", insert "2-2B,".
7 Sections 51-1, 54-1 and 164-15
After "2-2A," (wherever occurring), insert "2-2B,".
8 Paragraphs 180-25(5)(e) and (6)(e)
After "2-2A", insert ", 2-2B".
9 Subsection 238-5(1)
After "section 38-45,", insert "39-6,".
10 Subsection 238-10(1) (after table item 3)
Insert:
11 Subclause 1(1) of Schedule 1
Insert:
Commonwealth stipends means stipends payable:
(a) by an *eligible stipend provider to a student *undertaking a mandatory placement for a *course of study with the provider; and
(b) in accordance with the conditions of a grant made by the Commonwealth to the provider under Part 2-2B.
eligible stipend provider has the meaning given by subsection 39-3(3).
national minimum wage order has the same meaning as in theFair Work Act 2009 .
undertake a mandatory placement : see subsection 39-3(2) for when a student undertakes a mandatory placement for a *course of study with a higher education provider.
Social Security Act 1991
12 Subparagraph 8(8)(zja)(ia)
Omit "this section.", substitute "this section; or".
13 After subparagraph 8(8)(zja)(ia)
Insert:
(ib) Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or
Social Security (Administration) Act 1999
14 After subparagraph 195(2)(i)(xviii)
Insert:
(xviiia) the amount of Commonwealth stipends received by the person in accordance with Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); and
15 After paragraph 202(1)(da)
Insert:
(db) administering Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or
16 After paragraph 202(2)(daaa)
Insert:
(daab) for the purposes of the administration of Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements); or
Veterans' Entitlements Act 1986
17 After paragraph 5H(8)(hac)
Insert:
(had) the amount of Commonwealth stipends provided for under Part 2-2B of the Higher Education Support Act 2003 (grants for Commonwealth stipends for students undertaking mandatory placements);
18 Transitional provision
Paragraph 39-6(3)(a) of the Higher Education Support Act 2003 , as inserted by this Part, does not apply to a determination for the year 2025.
_____
Statement pursuant to the order of the Senate of 26 June 2000
Amendment (2)
Amendment (2) is framed as a request because it amends the bill to require the Commonwealth to provide grants to eligible higher education providers, a condition of which is that those providers must pay Commonwealth stipends to students who undertake a mandatory placement for a course of study with a higher education provider.
As the amendment requires the Commonwealth to provide grants to eligible higher education providers, the effect of the amendment would increase the amount of expenditure under the standing appropriation in section 238-12 of the Higher Education Support Act 2003 .
Amendment (1)
Amendment (1) is consequential to amendment (2).
_____
Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000
Amendment (2)
If the effect of the amendment is to increase expenditure under the standing appropriation in section 238-12 of the Higher Education Support Act 2003 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.
Amendment (1)
This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.
Better and Fairer Schools (Funding and Reform) Bill 2024
We will take this action to protect an irreplaceable part of Australia's natural heritage. We are determined to safeguard the reef and ensure its survival. We will preserve it both for its intrinsic value and its importance to the tourist industry of Queensland.
Today I want to talk about making food prices lower. Food isn't just a want, it's a need for life. Food these days costs an arm and a leg.
People have to plan their weeks worth of money on food. They spend half or more of their income on food. We have to ensure that food prices are fair and that everybody has food to live.
Together with a bit of support from parliament we could make children grow happily and healthy. I believe this could happen!
Today, I want to talk about rental homes. Many families rent their houses. Rentals are not just homes; they are places of hope, dreams, and stability. Everyone deserves a safe and comfortable place to live.
Renting can also be complex. Some people struggle to find affordable options. Prices can be too high, making it hard for families to thrive. We need to ensure that rental prices are fair and that everyone has access to a good home. This will help communities grow and support families in need.
Let us come together to create better rental solutions. We can work on laws that protect tenants and ensure safe living conditions.
Together, we can build a brighter future where no one is left behind. Imagine a world where every child can grow up safe and happy in their home. I believe we can make this happen!