The PRESIDENT (Senator the Hon. Sue Lines ) took the chair at 10:00, made an acknowledgement of country and read prayers.
That the Senate take note of the explanation.
That so much of standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to the consideration of the Defence Service Homes Amendment (Insurance) Bill 2025.
I'm not going to yack on for too long. This is pretty straightforward. There has been a review. It has found a potential problem in insurance. You can get a house through the Defence Service Homes Insurance Scheme, under DVA, and DVA acts as the agent. QBE does the insurance, but DVA is the agent. Technically we don't know whether they're allowed to do that, so we've just got to try and fix this up. I've had discussions with the minister. I appreciate that correspondence. I think it is best for us to expediate this. Why? We have had a massive flood around Townsville. There are a lot of people there who have DVA housing. I'm absolutely certain they want to make sure that, at this point in time, their house is insured.
We will always stand up for Western Australia, and we will support this measure. It's something that I will raise with my federal colleagues. We are committed to jobs and industry and new industries in Western Australia and that is my position.
That the question be now put.
The Senate divided. [10:41]
(The President—Senator Lines)
Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024
At the end of the motion, add ", but the Senate:
(a) notes the importance of benefit sharing and community consultation requirements for resources industries, including adherence to the United Nations Declaration of the Rights of Indigenous Peoples, and the principle of free, prior and informed consent; and
(b) calls on the Government to:
(i) establish mandatory consultation processes and benefit sharing agreements for projects operating on First Nations land that receive production tax credits,
(ii) ensure the bill's community benefit rules align with the community benefit principles as stipulated in the Future Made in Australia Act 2024 , with clear transparency, accountability and reporting mechanisms; and
(iii) implement a statutory review process to enable assessment and adjustment over the life of these schemes.
The AMWU has told this committee, when it was considering the Future Made in Australia Act, that these requirements—the community benefit principles—would require a requirement for a union agreement. Is that your understanding of the community benefit principles, and would you agree with that?
The Australian minerals industry produces critical minerals utilising world leading sustainability standards, including best practice environmental management and community engagement.
… there are already extensive and rigorous approvals process that mining and mineral processing projects must adhere to makes this an unnecessary and duplicative feature of the CMPTI.
Treasury acknowledged during the inquiry hearing that the lack of detail contained within the bill, leads to high compliance costs for businesses—with as much as … $100,000 in its very first year.
The additional engagement processes required by the community benefits principles parallel existing requirements of the planning and approval processes. This is simply adding a further layer of administration and compliance, without any clear benefit.
Introducing CBPs with separate reporting requirements under the FMA will introduce additional compliance burden and duplication without enhancing the benefits to Australian communities.
The sitting of the Senate will be suspended from 11.50 am till the ringing of the bells to enable senators to attend the Prime Minister's statement on Closing the Gap in the House of Representatives.
That the Senate take note of the documents.
To have First Nations women take leadership of healing Country is really important to us and really important to many women across Australia.
Healthy country means healthy people and it's a part of our identity, it's in our blood, it's who we are and to keep carrying that on, it means everything to us.
It is a rich, proud and deeply remarkable story, a story of hope, achievement, and survival against the odds.
Each one of us is a part of this nation's story.
Each of us adds to its newest chapters.
Like anything made stronger by its layers, we draw strength from Australia's extraordinary and profound depths.
A US official has declined to explicitly guarantee Australia will have full control of the Aukus nuclear-powered submarines …
… I think we've resourced it properly now.
That the Senate take note of answers given by ministers to questions without notice asked by Opposition senators today.
… even if we sometimes bring different perspectives to the public debate, we all share the same objective, founded on the same understanding …
That the Senate take note of the answer given by the Minister for Foreign Affairs (Senator Wong) to my question today relating to education standards.
That the Senate take note of the answer given by the Minister for Finance (Senator Gallagher) to my question today relating to women's health.
That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely a motion to allow a motion concerning a variation to the hours of meeting and routine of business to be moved and determined immediately.
That the question be now put.
The Senate divided. [15:38]
(The Deputy President—Senator McLachlan)
The Senate divided. [15:42]
(The Deputy President—Senator McLachlan)
That a motion concerning a variation to the hours of meeting and return of business may be moved immediately and determined without amendment or debate.
That the question be now put.
The Senate divided. [15:45]
(The Deputy President—Senator McLachlan)
The Senate divided. [15:49]
(The Deputy President—Senator McLachlan)
That today:
(a) the hours of meeting be 10 am till adjournment;
(b) the questions on all remaining stages of the following bills be put as follows:
(i) Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024 at 8 pm, and
(ii) Defence Service Homes Amendment (Insurance) Bill 2025 at 9 pm;
(c) paragraph (b) operate as limitations of debate under standing order 142;
(d) divisions may take place after 6.30 pm until consideration of the bills has concluded; and
(e) the question for the adjournment be proposed after consideration of the bills has concluded.
The Senate divided. [15:54]
(The Deputy President—Senator McLachlan)
That so much of standing orders be suspended as would prevent me from making a statement of no more than five minutes.
Last time there was a minority government, the Greens cut climate pollution and delivered world leading climate laws and billions in funding for clean energy.
… … …
This election, the Greens are on track to win more seats across the country. In the balance of power, we're fighting to:
Stop new coal and gas …
End the billions in handouts to coal, oil and gas corporations …
That the question be now put.
The Senate divided. [16:07]
(The Deputy President—Senator McLachlan)
The Senate divided. [16:11]
(The Deputy President—Senator McLachlan)
That general business order of the day no. 83 (Environment Protection and Biodiversity Conservation Amendment (Reconsideration of Decisions) Bill 2024) be considered on Wednesday, 12 February 2025 at the time for private senators' bills.
That the following matter be referred to the Community Affairs References Committee for inquiry and report by 26 March 2025:
The human cost of experimental child gender treatments in Australia, with particular reference to:
(a) testimonies from individuals who have undergone puberty blockers, cross-sex hormones and surgical interventions, including those who have detransitioned and regret their treatment;
(b) the experiences of families who were pressured, misled or denied the right of consent regarding their child's gender treatment, as has been alleged to have occurred in Queensland at the Cairns Sexual Health Service;
(c) the extent of psychological and medical harm caused by puberty blockers and cross-sex hormones, including the lack of proper long-term safety studies;
(d) the role of medical professionals, clinics and activists in promoting and administering these treatments without sufficient oversight or evidence-based safeguards;
(e) the failures of the Australian medical establishment and government agencies to provide balanced, cautious and ethical care in line with the more precautionary approaches now adopted in the United Kingdom, Sweden, Finland and other nations;
(f) the legal, ethical and medical obligations of the Australian Government to ensure children are not subjected to unproven and harmful medical interventions;
(g) the suppression of dissenting medical and scientific voices who have raised concerns about the gender-affirming treatment model;
(h) the influence of activist groups in shaping public policy, medical guidelines, and education regarding gender treatments;
(i) the need for a national ban on gender-related medical interventions for individuals under the age of 18;
(j) the impact of gender policies on women's rights, including the erosion of female only spaces, the integrity of women's sports and the safety of women in shelters, prisons and other vulnerable settings; and
(k) any other related matters.
The Senate divided. [16:19]
(The Deputy President—Senator McLachlan)
GOVERNMENT BUSINESS NOTICE OF MOTION NO. 1
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Airservices Australia—PFAS remediation of former fire training ground at Rockhampton airport, Queensland.
_____
GOVERNMENT BUSINESS NOTICE OF MOTION NO. 2
That, in accordance with the provisions of the Public Works Committee Act 1969 , the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report as expeditiously as is practicable:
Airservices Australia—Aviation rescue fire fighting services NexGen project for end-of-life facilities upgrades—Phase 1A (Queensland and Victoria).
That, if the Treasury Laws Amendment (Miscellaneous Measures) Bill 2024 has not been finally considered by the adjournment on Tuesday, 11 February 2025, then:
(a) the bill be listed as the first item of government business on Wednesday, 12 February 2025;
(b) the questions on all remaining stages of the bill be put at 11.30am; and
(c) paragraph (a) operate as a limitation of debate under standing order 142.
The Senate divided. [16:29]
(The Deputy President—Senator McLachlan)
That there be laid on the table by the Minister representing the Treasurer by no later than 5 pm on Tuesday, 11 February 2025:
(a) all correspondence, including letters, emails, instant messages and text messages between the Treasurer or his office, the Assistant Minister for Competition, Charities and Treasury or his office, and the Treasury relating to:
(i) the Tax Laws Amendment (Incentivising Food Donation to Charitable Organisations) Bill 2024, and/or
(ii) any policy for a tax incentive to encourage food donations to charities, including any policy based on recommendation 19 of the House of Representatives Standing Committee on Agriculture report, Australian story: Feeding the nation and beyond (the report), released in November 2023;
(b) any ministerial briefings, minutes or advice provided by the Treasury to the Treasurer or his office, or the Assistant Minister for Competition, Charities and Treasury or his office, relating to:
(i) the Tax Laws Amendment (Incentivising Food Donation to Charitable Organisations) Bill 2024, and/or
(ii) any policy for a tax incentive to encourage food donations to charities, including any policy based on recommendation 19 of the report; and
(c) internal Treasury correspondence, including that to and from the Secretary of the Treasury or his office, relating to:
(i) the Tax Laws Amendment (Incentivising Food Donation to Charitable Organisations) Bill 2024, and/or
(ii) any policy for a tax incentive to encourage food donations to charities, including any policy based on recommendation 19 of the report.
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 latest Living Cost Index, which shows cost of living is up 19.4% since Labor came to power, confirms what Australians see every day, hardworking families and businesses are struggling under an Albanese Labor Government that has pursued the wrong priorities and made the wrong decisions, demonstrating that Australians can't afford three more years of Labor"
That, in the opinion of the Senate, the following is a matter of urgency:
The latest Living Cost Index, which shows cost of living is up 19.4% since Labor came to power, confirms what Australians see every day, hardworking families and businesses are struggling under an Albanese Labor Government that has pursued the wrong priorities and made the wrong decisions, demonstrating that Australians can't afford three more years of Labor.
The Senate divided. [17:08]
(The President—Senator Lines)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The need for a permanent ban on foreign ownership of residential housing and farmland.
That senators be discharged from and appointed to committees as follows:
Broadcasting of Parliamentary Proceedings — Joint Statutory Committee —
Discharged—Senator Brockman
Appointed—Senator Blyth
Community Affairs Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Economics Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Education and Employment Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Environment and Communications Legislation and References Committees —
Discharged—Senator Sharma
Appointed—
Senator Blyth
Participating member: Senator Sharma
Finance and Public Administration Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Foreign Affairs, Defence and Trade Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Legal and Constitutional Affairs Legislation and References Committees —
Appointed—Participating member: Senator Blyth
Parliamentary Library — Joint Standing Committee —
Discharged—Senator Brockman
Appointed—Senator Blyth
Publications — Standing Committee —
Discharged—Senator Brockman
Appointed—Senator Blyth
Rural and Regional Affairs and Transport Legislation and References Committees —
Appointed—Participating member: Senator Blyth.
Commonwealth Workplace Protection Orders Bill 2024
Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Bill 2025
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.
COMMONWEALTH WORKPLACE PROTECTION ORDER BILL 2024
Every Australian deserves to be safe at work.
In recent years, Commonwealth workers have been increasingly subjected to acts of violence and aggression from members of the public.
It is unacceptable—and it is why the Albanese Government is introducing the Commonwealth Workplace Protection Order Bill 2024.
This Bill will strengthen the Commonwealth's ability to protect Commonwealth employees—particularly those on the frontline—through the creation of enforceable workplace protection orders.
Violence and aggression have devastating impacts on workers and their families—as well as on the experience of Australians trying to access Government services.
Services Australia Security Risk Management Review
The horrific stabbing attack on a staff member at a Services Australia
Service Centre in May 2023 was a devastating reminder that we need to do more to protect workers.
The Government commissioned a Services Australia Security Risk Management Review. The comprehensive review by Mr Graham Ashton made 44 recommendations to deter acts of aggression against Commonwealth workers and to increase safety. The Albanese Government committed_ to implementing every recommendation.
Unfortunately, Commonwealth workers and workplaces continue to face an increasing risk of violence from members of the public. Between July 2023 and July 2024, Services Australia staff faced 1,692 serious incidents.
The Bill responds to this unacceptable situation and implements recommendation 17 of the Ashton Review, by creating a Commonwealth Workplace Protection Order scheme.
Commonwealth Workplace Protection Order Scheme
The Bill establishes a framework to enable an authorised person within a Commonwealth entity to apply to a state or territory Magistrates or Local court, Federal Court or the Federal Circuit and Family Court of Australia (FCFCOA) to issue a Commonwealth Workplace Protection Order (WPO)
in order to protect a Commonwealth worker or workplace from threats of harm and actual harm.
Before issuing a WPO, the court must be satisfied that the respondent has engaged in 'personal violence' in relation to a Commonwealth worker or the workplace, and that there is a real risk that the respondent will engage in further personal violence if the order is not made.
The definition of personal violence includes acts of violence, harassment, intimidation, threats of harm and other harmful non-physical acts, such as verbal abuse and conduct engaged in over the phone.
The court may apply any conditions or restrictions it determines necessary to prevent any future risk of personal violence to a Commonwealth worker or workplace.
Conditions may include no contact with a Commonwealth worker, or no attendance at a Commonwealth workplace.
In circumstances where urgent protection is required, a Commonwealth entity may write to the court to issue an urgent interim WPO to ensure protections are in place as quickly as possible—before a future court date to consider a final order.
The definition of Commonwealth worker covers employees of Commonwealth entities as defined by the Public Governance, Performance and Accountability Act (PGPA Act) including Services Australia, the Australian Taxation Office, Veterans' Affairs, Australia Post and Ministerial and Electorate Offices. It also includes contractors. This means hardworking security guards, cleaners, and other external staff are also covered.
Commonwealth workplaces include Commonwealth offices, 'pop-up' service centres in shopping centres, Commonwealth service-delivery vehicles, and a Commonwealth worker's residence when working from home.
This protects workers who are working on behalf of the Commonwealth, regardless of where they are.
The Bill allows either party to a WPO to apply to the court to vary or revoke a WPO. The court may vary the conditions in the order as well as the length of time the order is in force. This allows flexibility for changing circumstances of either the Commonwealth entity or the respondent. A respondent may also appeal the decision of the court to issue a WPO through standard appeal processes.
The safety of Commonwealth workers comes first—but we also want to ensure individuals can continue to access necessary Government services.
If an applicant proposes conditions that would prevent the respondent from accessing Commonwealth benefits or services, the applicant is required to provide the court with information about alternative arrangements for how the respondent may access those benefits or services while they are subject to the WPO.
The court is required to consider the personal circumstances of the respondent when determining the conditions attached to a WPO, and ensure that the person still has the ability to access essential public services. In some circumstances, a condition may limit interactions to appointments over the phone. This would allow for ongoing service delivery whilst protecting the physical safety of workers.
The Bill will allow information sharing between Commonwealth and law enforcement agencies to proactively manage risks to other Commonwealth workers or workplaces.
Breaching a condition of a WPO will be a criminal offence punishable by 2 years' imprisonment or 120 penalty units, or both.
This penalty will act as a deterrent for non-compliance with conditions—whilst protecting workers from threatening behaviour for an extended period of time.
The Bill will commence 6 months from Royal Assent to allow time to work with Commonwealth agencies and state and territory jurisdictions on implementation—and to provide clear guidance.
The Bill also requires a review 3 years after commencement.
This Bill builds on the layers of protection the Government has created for Commonwealth workers, including the Criminal Code Amendments (Protecting Commonwealth Frontline Workers) Act 2024. The Act increased penalties for assaults against Commonwealth frontline workers, and implemented recommendation 18 of the Ashton Review.
Violence and aggression towards Commonwealth workers and workplaces is unacceptable.
The Albanese Government values the contributions made by Commonwealth workers—and this Bill is an important development in protecting Commonwealth workers and workplaces across the country.
No one should be afraid to go to work—and every worker deserves to come home safe.
This Bill will protect Commonwealth workers—and ensure members of the community are able to have safe access to Commonwealth Government services.
I thank the Minister for Government Services for his strong support in the development of this Bill.
I commend the Bill to the House.
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HEALTH LEGISLATION AMENDMENT (IMPROVED MEDICARE INTEGRITY AND OTHER MEASURES) BILL 2025
Today, I introduce the Health Legislation Amendment (Improved Medicare Integrity and Other Measures) Bill 2025.
Australia has a world-class health system that offers affordable, high-quality, accessible health care to all Australians. This is due in large part to the various health benefit schemes—including Medicare and its programs—that help Australians pay for the health care they need.
The government is committed to protecting and strengthening Medicare—and part of this is improving the compliance framework that ensures the integrity of these rebates.
The Independent Review of Medicare Integrity and Compliance undertaken by Dr Pradeep Philip, known as the Philip review, was commissioned by the government to respond to concerns about the operation of the Medicare system.
In 2023, the Health Insurance Amendment (Professional Services Review Scheme) Act 2023 and the Health Insurance Amendment (Professional Services Review Scheme No. 2) Act 2023 made priority amendments in response to this review.
This bill implements further improvements responding to Philip review recommendations.
The bill implements a measure announced in the 2024-25 budget: reducing the timeframe during which Medicare claims for bulk-billed services can be made from two years to one year. Claims relating to bulk-billed services can currently be made up to two years after a health service has been provided.
This change will improve payment integrity and reduce the number of incorrect and fraudulently submitted claims. This will have minimal impact on patients and practitioners as most claims are already made within 12 months. There will be discretion to accept claims after that time, to ensure patients are not disadvantaged.
Currently, a range of legislative provisions across health portfolio legislation are creating barriers to effective compliance activities, particularly when it comes to deterring and responding to serious non-compliance and fraud.
The bill responds to these barriers by allowing investigative powers to be used consistently and effectively across Medicare and the Pharmaceutical Benefits Scheme. Changes will also enable powers to be used in the investigation of Criminal Code offences and remove the need for AFP assistance with executing warrants for suspected Criminal Code offences.
These amendments will improve investigative powers in health portfolio legislation and ensure they can be put into practice consistently, effectively and proportionately to respond to behaviour that jeopardises the integrity of health benefits schemes.
Under the National Health Act 1953 , a pharmacist can request that the Minister for Health and Aged Care exercise a discretion to approve the supply of pharmaceutical benefits at particular premises. This is currently a two-stage process, which can take up to six months. This is frustrating and time-consuming for the applicant and may also delay the community's access to pharmaceutical benefits.
In this bill, the two-stage process is proposed to be streamlined and condensed into a single-stage process of up to four months. This will help to reduce a significant administrative burden. And it will provide the community with more timely access to pharmaceutical benefits.
The amendments improve existing powers to obtain information about potential fraud and non-compliance and enable the recovery of amounts if they should not have been paid.
The Philip Review recommended the 'expansion of powers to ensure all types of serious non-compliance can be effectively dealt with' and 'a reduction in regulation and legislation that hinders compliance activities'.
The Philip Review concluded there are limitations and restrictions around current compliance processes. For example, if incorrect payments are identified, current provisions don't always enable amounts to be appropriately recovered. This is because some recovery mechanisms rely on outdated claiming processes and requests for hard copy documents. These matters are restricting the ability of the Department of Health and Aged Care to protect the integrity of Medicare programs and payments.
These changes will enable appropriate inquiries to be made about Medicare payments if available information suggests potential non-compliance or fraud. If payments are found to be incorrect, amounts could be recovered.
Changes will also improve the ability of regulators to protect patient safety by removing some restrictions on the admission of information obtained under the Professional Service Review's notice to produce powers as evidence in relevant proceedings, including proceedings for the purposes of the National Law for the health practitioner registration and accreditation scheme.
This will remove some restrictions on the admission of information obtained under the Professional Services Review Agency's 'notice to produce' powers as evidence in proceedings, including proceedings under the Health Practitioner Regulation National Law.
The existing restrictions will no longer apply in respect of prosecutions related to a failure to produce documents, proceedings to recover debts relating to the Professional Services Review Scheme and some other proceedings related to non-compliance.
The restrictions will also not apply in respect of documents produced to PSR under notice and passed onto Australian Health Practitioner Regulation Agency (Ahpra) or a National Board under certain provisions in the Health Insurance Act, or information obtained or generated by Ahpra or a National Board from its own investigation, triggered by documents produced to PSR under notice.
This will enable Ahpra and associated Health Practitioner Boards to use PSR-related material to trigger their own investigation into allegations involving risks to patient safety. This will also allow Ahpra and Health Practitioner Boards to admit evidence in National Law proceedings if it was referred to them under the legislation for the reasons of a significant threat to life or health or non-compliance with professional standards. These changes are required to ensure all appropriate steps are taken to protect patient safety and that the existing requirement to refer the information to Ahpra and Health Practitioner Boards is not frustrated.
These changes will enhance the Department of Health and Aged Care's capacity to address identified risks to patient safety and manage and address the consequences of non-compliance and potential fraud.
The bill makes several sensible amendments to the Therapeutic Goods Act 1989 (the Therapeutic Goods Act).
The bill enhances the capacity of the government to manage and alleviate the consequences of therapeutic goods shortages in Australia. It allows the secretary of the department to approve the importation or supply of substitutable unapproved products from overseas if the Secretary is satisfied that the approved medicine, biological or medical device may, in the reasonably foreseeable future, become unavailable or be in short supply.
The bill supports compliance and enforcement activities in relation to both unlawful therapeutic goods and unlawful vaping goods.
Specifically, the bill broadens the circumstances in which section 52AAA applies to ensure that forfeiture arrangements can extend to the range of circumstances in which goods may be seized under the Therapeutic Goods Act. Rather than, as currently, only the circumstance where goods are seized under a warrant issued under section 50. This amendment will help deter the trafficking of such goods by sending a strong message to bad actors operating in this space that the Therapeutic Goods Association (TGA) will take unlawful goods permanently.
The bill lowers the threshold that must be satisfied before the secretary may give an enforceable direction to a person under section 42YT of the Therapeutic Goods Act. The current requirement is that a direction is necessary to protect the health and safety of humans. The amendment will result in a more balanced approach that a direction must be considered and issued in the interests of public health and safety. This approach ensures the more appropriate availability of such directions to protect Australians from new and emerging public health threats.
The bill enhances the ability of state and territory officers to monitor, investigate and enforce compliance with the Therapeutic Goods Act and Regulations by allowing for the provision, inspection, copying and retention of documents or information.
The bill also clarifies that section 61, which authorises the release of information in relation to therapeutic goods and vaping goods in certain circumstances, is not a secrecy provision.
The bill includes other minor amendments to the Therapeutic Goods Act, to keep the Act up to date and to assist with the TGA's important functions.
The bill also amends the Therapeutic Goods Act to make minor consequential amendments to support the government's ground-breaking vaping reforms.
Finally, the bill amends the Public Health (Tobacco and Other Products) Act 2023(the tobacco act) which commenced on 1 April 2024. These amendments clarify the intended operation of the provisions and are amendments that have been identified as necessary in the implementation phase of the legislation.
The measures in this bill will further the government's efforts to strengthen Medicare and will assist in the implementation of our world-leading tobacco and vaping reforms.
I commend the bill.
Competition and Consumer Amendment (Australian Energy Regulator Separation) Bill 2024
Workplace Gender Equality Amendment (Setting Gender Equality Targets) 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.
COMPETITION AND CONSUMER AMENDMENT (AUSTRALIAN ENERGY REGULATOR SEPARATION) BILL 2024
This bill marks a significant step in our commitment to improve regulatory outcomes in the energy sector, by ensuring dedicated governance and accountability structures that are tailored specifically to energy market regulation.
The intention of this Bill is to amend the Competition and Consumer Act 2010 to separate the Australian Energy Regulator (the AER) from the Australian Competition and Consumer Commission (the ACCC), establishing the AER as a non-corporate commonwealth entity with operational control of its staff, resources and governance arrangements.
The AER is the independent regulator of wholesale and retail energy markets and energy networks, mainly across southern and eastern Australia, under national energy laws and rules. Its key activities include energy network regulation, compliance and enforcement, and the performance monitoring and reporting of energy wholesale and retail markets as well as network businesses.
Taken together, that is an incredibly important function—as perfectly well expressed in the AER's purpose, which is "to ensure energy consumers are better off, now and in the future".
The AER currently operates as a constituent part of the ACCC. Both organisations are a single Commonwealth entity for the purpose of the finance law. The AER shares staff, resources and facilities with the ACCC—and as a result, the AER Board, which responsible for regulatory functions, does not have direct control over resources and staff, which remain under the ACCC's authority.
This proposed amendment to legally separate the AER from the ACCC will remove the governance risks that hinder the AER's ability to manage its increasing regulatory responsibilities effectively. It will enable the AER to operate effectively as an independent entity.
The bill will not change the key elements of the Australian Energy Market Agreement—such as the role and function of the AER as the independent energy regulator, the composition of the AER's board, the requirement for the Commonwealth to fund the AER, and the administrative law arrangements whereby the decisions of the AER will continue to be subject to judicial review by the Federal Court.
The National Energy Laws—which provide the AER with more detailed functions and obligations—will also remain unchanged.
It has to be acknowledged that several independent reviews have recommended an autonomous AER.
In 2015 the Review of Governance Arrangements for Australian Energy Markets, chaired by Dr Michael Vertigan, considered governance arrangements of the Australian energy markets and recommended that the AER should have full management and financial autonomy, which would most effectively be achieved by re- establishing the AER as a stand-alone regulatory body.
The 2017 Independent Review into the Future ofthe National Electricity Market, led by Dr Alan Finkel, noted the AER's role is highly technical and sector specific, and that by constituting the AER as a separate energy agency we would be mirroring the structures of other energy market bodies and comparable energy regulators in similar countries.
State and Territory Energy Ministers have been consulted on the proposal, and on 19 May 2023, agreed the AER should be established as a standalone Commonwealth entity.
It would surprise no one to observe that the AER's operational environment has evolved significantly since its establishment in 2005. As the energy market becomes more complex, and with the AER's regulatory functions expanding, the AER needs the authority to manage its own resources and to set its own strategic direction independently from the ACCC.
The ambitious scale and pace of the energy transition requires the AER to operate with greater financial and operational autonomy. A distinctly separate AER will provide for greater management and financial autonomy, contributing to the overall effectiveness of the AER as Australia's energy regulator.
Creating a standalone AER will formalise its governance responsibilities, including for managing its budget, human resources, and risk oversight. This change will allow the AER to better align its internal operations with its regulatory mandate and strategic goals.
This is essential for effectively managing the energy transition, overseeing wholesale and retail markets, and addressing issues like energy affordability and network regulation. In other words, this change will make sure the AER is better placed to do what we need it to do in the best interests of the Australian community.
The bill supports the broader energy policy of the Government, enabled through the National Energy Transformation Partnership, a framework for Commonwealth, state and territory governments to work together on reforms to help transform Australia's energy system to achieve net zero greenhouse gas emissions by 2050.
One of the priority themes of the framework is strengthening energy governance architecture.
The bill is a necessary and forward-looking reform that helps achieve this priority theme.
The Government is committed to delivering affordable, reliable, and clean energy for all Australians, and the reforms contained in this bill will help make that vision a reality.
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WORKPLACE GENDER EQUALITY AMENDMENT (SETTING GENDER EQUALITY TARGETS) BILL 2024
I move that this Bill now be read a second time.
Since the Albanese Government came to office, we have been working every day to drive progress on gender equality.
The Bill we're introducing today is the latest in a series of reforms our Government has delivered for Australian women.
Reforms that put the needs of women at the forefront of our majority- female Government's work. Each time taking us a step further towards creating a more equal country.
Our Government is proud that we continue a long legacy of Labor Governments in this work.
From the Whitlam Government funding women's refuges, health centres and community childcare.
To the Gillard Government introducing our country's first Paid Parental Leave Scheme.
Labor Governments exist to make Australia a better and fairer place.
Advancing gender equality and supporting Australian women is at the centre of that project.
In March, the Government released Working for Women: A Strategy for Gender Equality to set a path to achieve our vision for gender equality over the next ten years.
And we are making progress towards that vision.
This year, for the first time, the individual gender pay gaps of private sector businesses with more than 100 employees were required to be reported publicly, bringing focus to how businesses are working to advance equality within their own workplaces.
More than 11 million workers now have access to 10 days of paid family and domestic violence leave.
We have improved Paid Parental Leave (PPL) to recognise the reality of modern Australian families; expanding it to 26 weeks by 2026, providing greater flexibility for parents in how and when they take leave, and introducing superannuation on government PPL.
We have made childcare cheaper, helping more women to juggle family and work and providing young children with the best start in life.
Gender equality is now a central objective of the Fair Work Act, strengthening the Fair Work Commission's ability to consider gender when it makes wage determinations.
We have funded wage increases in aged care and early education—two sectors long dominated by women workers and which have been undervalued and underpaid for too long.
We are funding prac placements in areas traditionally dominated by women, such as teaching, midwifery, social work and nursing, and supporting young women to start their careers with more financial security by reducing their HELP debts and providing fee-free TAFE places.
Our Government recognises that improving gender equality is good for Australian women, and good for Australia as a whole—helping to boost women's participation in the workforce, and improving productivity for companies and the economy.
As I said, we are making progress. But there is more to be done.
The data collected by the Workplace Gender Equality Agency, WGEA, has allowed us to track progress and increase transparency on workplace gender equality, including on the gender pay gap.
WGEA reports that the total remuneration gender pay gap is 21.1 per cent for 2023-24, which includes base salary, overtime, bonuses and additional payments. As of May this year, the average full time earnings of women in Australia was lower than the equivalent for men by $231.50 per week. By the time they reach retirement age, women have 25 per cent less superannuation than men.
Women also continue to be underrepresented in leadership positions representing only 22 per cent of CEOs.4 Women hold 20 per cent of Chair positions and 32 per cent of board member positions. One in four organisations have no women board members.
This is despite research finding a relationship between increasing the proportion of women in the most senior levels, and higher company performance, productivity and profitability. The gender pay gap represents an estimated cost of $51.8 billion a year to the Australian economy.
Our Government wants to work with employers to close that gap and make sure that workplaces are fair, respectful, flexible and safe.
We're doing this through increasing accountability and raising the bar for large employers to take action.
Building on our 2023 reforms to publish employer gender pay gaps, our Government is now introducing this Bill, the Workplace Gender Equality Amendment (Setting Gender Equality Targets) Bill.
This Bill will introduce a world-first targets scheme to accelerate action on gender equality by large Australian employers.
It will require organisations with 500 or more employees in Australia to commit to achieve (or at minimum, improve on) measurable targets to progress gender equality in their workplaces.
Target setting and action planning are both well-known levers for improving gender equality outcomes in the workplace. Research by Dr.
Leonora Risse, an economist and one of Australia's leading gender equality researchers, found that target setting for gender equality promotes accountability, transparency and organisational confidence.9 The research indicates that taking this kind of data-driven approach is itself a mechanism for change.
Regardless of which targets employers select, the act of requiring them to take targeted action will drive a shift in behaviour by embedding practices that are likely to create positive and lasting cultural change in workplaces.
This Bill requires large employers to select targets from a menu of targets, and then make progress towards these targets. The full list of targets and rules for selection will be outlined in an associated instrument to the Act. The intent is that employers will select at least three targets from this menu of targets, which is aligned to the WGEA gender equality indicators.
Employers will then have three years to improve upon or achieve the targets. This will give employers flexibility and time to take action in priority areas for their workplace. By rewarding progress, employers will also be incentivised to set more ambitious targets.
The menu of targets that employers can choose from will focus on: the gender makeup of boards and the workforce; gender pay gap; flexible working arrangements and support for parents and carers; workplace consultation on gender equality; and efforts to prevent and address sexual harassment. These areas align with WGEA's gender equality indicators, the six key areas where workplace gender inequality persists and where progress can be achieved through focused action. The menu of targets is included in the supporting materials to the Bill.
The targets include both numeric targets, such as reducing the gender pay gap or improving gender composition in roles or occupations; and action-based targets, such as introducing a paid parental leave program or enhancing flexible work offerings. The targets will draw on the information that employers currently provide to WGEA against the gender equality indicators.
WGEA will work with employers to set and achieve targets, helping build their capacity to achieve change. This is already occurring through WGEA delivering education resources and providing direct support to employers to undertake analysis, develop action plans and build internal capability to improve gender equality.
It is important to note that these employers—those with 500 or more employees—are already required to have policies or strategies against each of the gender equality indicators. When they select targets, they should already have relevant strategies and policies in place. Setting targets will help focus on action and accountability to achieve those strategies and policies.
In creating obligations to set and achieve targets, this Bill seeks to cement Australia's status as a global leader in gender equality. Targets will lead to more ambitious commitment and progress which meets community expectations and is in line with the broader momentum towards gender equality in Australia.
No other country in the world requires businesses to commit to gender equality targets. Australia will be leading the way to accelerate action on gender equality in workplaces.
This Bill builds on last year's amendments to the Act by continuing to implement the recommendations from the Review of the Act in 2021.
Changes in 2023 led to the gender pay gaps for private sector employers with 100 or more employees being published for the first time. This was a clear move towards greater transparency and accountability for Australian organisations and gave them an opportunity to assess their performance against their peers. It also gave employees and the broader Australian public the chance to see how individual workplaces are performing, helping them to make more informed decisions as employees, customers and stakeholders of these businesses. This is, and will continue to be, a critical step towards closing the gender pay gap and accelerating action towards gender equality. Public sector employer pay gaps will be published for the first time from early 2025.
The inclusion of a gender equality targets scheme further supports the Government's 2022 election commitment to lead a national push to close the gender pay gap by encouraging employers to close these and other gaps in workplaces.
Our Government wants to be working alongside employers to effect the change we need to see, and in doing so benefitting both employees and employers. Through this, companies will see improved staff retention, productivity, safety and enhanced reputation.
Despite the current high level of transparency in reporting to WGEA, only 68 per cent of organisations have undertaken a gender pay analysis. Of these organisations, 75 per cent took action to close the identified gap. Requiring organisations to set targets can drive real change, as employers will be accountable for improving their results.
While the Bill provides the opportunity for employers to make ambitious commitments through the targets scheme, it also ensures that employers are acknowledged for the efforts they make towards making progress against their targets. In addition, it ensures they are not found to be non- compliant if they set ambitious targets and make progress towards them but are not able to meet them within the three-year period.
It is the intent of the amendments to encourage employers to actively take action within their organisations to improve workplace gender equality and make progress against their baseline. In this way, the compliance provisions recognise the act of setting and making progress on the target as the primary threshold.
The targets menu has been developed by WGEA following consultation with key groups of stakeholders to make sure the menu of targets are genuine and measurable. The targets have been designed in consultation with a range of stakeholders including the business sector, the not-for- profit sector, higher education providers and the women's sector.
The Government has been up front about our policy position and the intentions behind introducing gender equality targets.
Results against the targets will be monitored through employers' annual reporting to WGEA and their Boards. Information about targets selected and employer progress or achievement will also appear on WGEA's Data Explorer.
This Bill raises the bar in the obligations on large employers, who may also be publicly named as non-compliant if they do not set, improve upon or meet the targets without reasonable excuse.
Large employers will be required to follow the targets scheme to obtain a certificate of compliance from WGEA. The holding of a certificate of compliance is considered as part of the employer's eligibility to contract with the Australian Government through procurement processes.
In this way, the Government is using its purchasing power to drive gender equality outcomes and boost women's economic equality—effectively using a policy lever worth $70 billion each year.
Since our election in 2022, our Government has placed gender equality at the heart of our work.
We know that many businesses and organisations share our commitment to improving gender equality in workplaces right across the country.
I am heartened by the obvious commitment of employers in Australia, who are already engaging positively with WGEA. We can see this in the response to the publishing of employer gender pay gaps. I encourage employers to see this reform as an opportunity to go further, and work with Government to really shift the dial on gender equality and close the gender pay gap.
This reform will also apply to Commonwealth public sector employers with 500 or more employers. This will hold the Government as an employer to the same standard and mean the public and private sector can learn from each other and make progress together.
We look forward to working with employers across the economy on the reforms in this Bill.
Now is the time to accelerate the pace of change. The introduction of gender equality targets will build on the progress to date and position us to close the gender pay gap and improve the lives of Australian women.
Joint Standing Committee on the National Capital and External Territories—Mr Caldwell in place of Mr Goodenough.
Joint Committee of Public Accounts and Audit—Mrs Andrews in place of Mr Goodenough.
Parliamentary Standing Committee on Public Works—Mr Willcox, appointed.
The Senate divided. [18:04]
(The President—Senator Lines)
The Senate divided. [18:09]
(The President—Senator Lines)
Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024
The Senate divided. [18:16]
(The Acting Deputy President—Senator Hughes)
The Senate divided. [18:22]
(The Acting Deputy President—Senator Hughes)
Brochure material reads:—
"An organisation of Aboriginal and Torres Strait Islander People, for Aboriginal and Torres Strait Islander People, controlled By Aboriginal and Torres Strait Islander People".
In the main, these clinics—which included medical, dental, along with specialist clinics like diabetic, child health, women's health, nutrition, mental health, ante-natal care, and welfare and community development—are exclusively for Aboriginal and Torres Strait Islanders. Expenditure for 1994-95 was $69.669m.
In 1994 (most up to date figures were available) land was acquired for Aboriginal communities under land acquisition and maintenance and the Regional Land Fund. During that year, 45 properties were bought for $17.3m, of which approximately 30% was spent on pastoral properties.
Aboriginal organisations own (up to 1994) the staggering total of 77 cattle stations (prolific through the Northern Territory and Kimberley region), making those organisations the largest holders of pastoral property in Australia. This figure does not include land owned by individual Aboriginals.
The most disturbing thing about this vast land acquisition is that there is repeatedly no accountability or record of it !
… conditions like respiratory diseases (including asthma), heart and circulatory diseases, high blood pressure, diabetes, kidney diseases and some cancers are more common among Aboriginal and Torres Strait Islander people than among non-Indigenous people in WA—
Future Made in Australia (Production Tax Credits and Other Measures) Bill 2024
The problem facing the industry is not a shortage of potential projects, but rather the challenging investment environment that has been created by poor policy settings.
Australia's mining sector is grappling with unprecedented cost pressures, burdened by restrictive policies that are impacting the global competitiveness of our current operations, and thwarting investment in new projects.
… the biggest bang for taxpayers' bucks is simply creating an operating environment that is conducive to growth, and attractive for investment; by lowering the cost of doing business in Australia.
(1) Schedule 1, item 3, page 14 (after line 33), after subsection 421-45(1), insert:
(1A) However, the HPTO community benefit rules must not:
(a) specify the condition that, for a company to be entitled to a *hydrogen production tax offset for the income year:
(i) an enterprise agreement (within the meaning of the Fair Work Act 2009 ) must apply to both the employees of the company and an employee organisation (within the meaning of that Act); or
(ii) the company must establish and maintain a reconciliation action plan; or
(iii) the company must conduct consultation relating to the environmental impact of the company's activities, unless that consultation is already required by a law of the Commonwealth, a State or a Territory; or
(iv) the company must conduct consultation with First Nations communities, unless that consultation is already required by a law of the Commonwealth, a State or a Territory; or
(b) specify that the amount of a company's hydrogen production tax offset for the income year will be reduced in the circumstance where the company does not comply with any of the conditions mentioned in subparagraphs (a)(i) to (iv).
(2) Schedule 2, item 1, page 61 (after line 13), after subsection 419-145(1), insert:
(1A) However, the CMPTI community benefit rules must not:
(a) specify the condition that, for a company to be entitled to a *CMPTI production tax offset for the income year:
(i) an enterprise agreement (within the meaning of the Fair Work Act 2009 ) must apply to both the employees of the company and an employee organisation (within the meaning of that Act); or
(ii) the company must establish and maintain a reconciliation action plan; or
(iii) the company must conduct consultation relating to the environmental impact of the company's activities, unless that consultation is already required by a law of the Commonwealth, a State or a Territory; or
(iv) the company must conduct consultation with First Nations communities, unless that consultation is already required by a law of the Commonwealth, a State or a Territory; or
(b) specify that the amount of a company's CMPTI production tax offset for the income year will be reduced in the circumstance where the company does not comply with any of the conditions mentioned in subparagraphs (a)(i) to (iv).
The Australian minerals industry produces critical minerals utilising world leading sustainability standards, including best practice environmental management and community engagement.
We understand that the requirement to comply with 'community benefit principles' is an overarching requirement of the Future Made in Australia Act. However, there are already extensive and rigorous approvals process that mining and mineral processing projects must adhere to makes this an unnecessary and duplicative feature of the CMPTI.
The additional engagement processes required by the community benefit principles parallel existing requirements of the planning and approval process. This is simply adding a further layer of administration and compliance, without any clear benefit.
Remove the duplication of existing and separate legislative frameworks of industrial relations and taxation from the Community Benefits Principles—
Review the intent of the Community Benefits Principles to ensure proponents and host communities are encouraged to develop sustainable localised approaches based on the needs of the host community.
However, the government's Community Benefits Principles in the FMIA (PTCOM) Bill cannot be used as an excuse to embed greater policy reach; and they should not create more costs to project proponents through regulatory duplication.
… the Community Benefit Principles would place an unnecessary burden on project proponents by duplicating existing legislative measures. For example, managing tax affairs and mandatory pay and conditions already have existing legislative frameworks and their inclusion in the principles will create inefficiencies and duplicative costs.
The MCA supports the critical minerals production tax incentive because it is a positive step towards attracting investment in the critical minerals industry.
We support the bill because the bill is going to help to reduce the cost of production for people that develop facilities downstream.
… we've got member companies that have existing downstream facilities—they've already invested—so they will benefit from the critical minerals production tax incentive when it commences on 1 July 2027. We've got a lot of other members that are mining the mineral-obviously, that's not eligible for the critical minerals production tax incentive—and they're in consideration of whether they will go to downstream processing as well. This will assist with the decision-making.
The committee divided. [20:04]
(The Chair—Senator McLachlan)
(1) Schedule 2, item 1, page 37 (line 32), before "Each of", insert "(1)".
(2) Schedule 2, item 1, page 39 (after line 19), at the end of section 419-15, add:
(2) The regulations must not prescribe uranium for the purposes of paragraph (1)(zf).
The committee divided. [20:11]
(The Chair—Senator McLachlan)
(1) Clause 2, page 3 (after table item 4), insert:
(2) Schedule 1, item 4, page 24 (line 27), after "section 421-40" insert "and 421A-25".
(3) Page 67 (after line 3), after Schedule 2, insert:
Schedule 2A — Low carbon liquid fuel production tax incentive
Part 1 — Main amendments
Income Tax Assessment Act 1997
1 Section 13-1 (after table item headed "losses")
Insert:
2 Section 67-23 (after table item 27)
Insert:
3 Before Division 420
Insert:
Division 421A — Low carbon liquid fuel production tax incentive
Table of Subdivisions
Guide to Division 421A
421A-A Tax offset for low carbon liquid fuel produced in Australia
421A-B Certification of production profiles
421A-C Other matters
421A-1 What this Division is about
A company may be entitled to a refundable tax offset in respect of low carbon liquid fuel produced in Australia between the start of 1 July 2027 and the end of 30 June 2040.
One requirement for entitlement to the offset is that the company must have created a certificate (called a PGO certificate) that relates to the low carbon liquid fuel. The certificate is created under the Future Made in Australia (Guarantee of Origin) Act 2024 and it must be registered under that Act.
The following types of low carbon liquid fuel are eligible:
The amount of the tax offset is $1 per whole litre of low carbon liquid fuel for renewable diesel and $2 per whole litre of low carbon liquid fuel for other kinds of low carbon liquid fuel (though this may be reduced in certain circumstances).
Subdivision 421A-A — Tax offset for low carbon liquid fuel produced in Australia
Table of sections
421A-5 Company entitled to refundable tax offset for low carbon liquid fuel produced in Australia
421A-10 Amount of low carbon liquid fuel production tax offset
421A-15 Initial reconciliation period for registered PGO certificate
421A-20 Correction notice for registered PGO certificate
421A-25 LCLFPTO community benefit rules
421A-5 Company entitled to refundable tax offset for low carbon liquid fuel produced in Australia
(1) A company is entitled to a *tax offset under this section (the low carbon liquid fuel production tax offset ) for an income year in respect of a litre of low carbon liquid fuel produced in Australia during the income year if:
(a) the income year:
(i) starts on or after 1 July 2027; and
(ii) ends before 1 July 2040; and
(b) there is a *registered PGO certificate that relates to the litre of low carbon liquid fuel and which states:
(i) that the litre of low carbon liquid fuel was produced at a particular facility that is specified in a *production profile, in accordance with a particular *production pathway that is specified in that production profile; and
(ii) that the greenhouse gases emitted in relation to the litre of low carbon liquid fuel calculated after undertaking an emissions lifecycle analysis is less than or equal to the amount determined by the Clean Energy Regulator under subsection (4); and
(c) at the time when the litre of low carbon liquid fuel was produced, the production profile mentioned in subparagraph (b)(i) of this subsection was certified in relation to the facility and the production pathway under Subdivision 421A-B; and
(d) the *initial reconciliation period for the PGO certificate has ended (see section 421A-15); and
(e) no *correction notice for the PGO certificate is in force (see section 421A-20); and
(f) the company satisfies the requirements in subsection (2) of this section.
Note 1: For paragraph (c), when a production profile is certified, or a certification of a production profile is revoked, under Subdivision 421A-B, the certification or revocation may have retrospective effect.
Note 2: The low carbon liquid fuel production tax offset is a refundable tax offset (see section 67-23).
(2) The company satisfies the requirements in this subsection if:
(a) the company is a *constitutional corporation; and
(b) the company was the person who created the *registered PGO certificate under the Future Made in Australia (Guarantee of Origin) Act 2024 ; and
(c) the company created the PGO certificate in the course of carrying on an enterprise in the indirect tax zone; and
(d) at each time when the company carries on that enterprise in the indirect tax zone during the income year, either:
(i) the company is an Australian resident and has an *ABN; or
(ii) the company is a foreign resident and has a *permanent establishment in Australia and an ABN; and
(e) the company is not an *exempt entity; and
(f) if *LCLFPTO community benefit rules under paragraph 421A-15(1)(a) of this Act apply to the company for the income year—the company meets the conditions specified in those rules.
(3) In subsection (2), carried on in the indirect tax zone andindirect tax zone have the same meaning as in the *GST Act.
(4) The Clean Energy Regulator must, by legislative instrument, determine an amount for the purposes of subparagraph 421A-5(1)(b)(ii).
421A-10 Amount of low carbon liquid fuel production tax offset
(1) If a company is entitled to the *low carbon liquid fuel production tax offset for an income year in respect of one or more litres of low carbon liquid fuel, the amount of the offset for the income year is:
(a) for low carbon liquid fuel that is renewable diesel—$1 in respect of each whole litre of low carbon liquid fuel; or
(b) for sustainable aviation fuel—$2 in respect of each whole litre of low carbon liquid fuel; or
(c) for other kinds of low carbon liquid fuel—$2 in respect of each whole litre of low carbon liquid fuel.
(2) However, if:
(a) LCLFPTO community benefit rules under paragraph 421A-15(1)(b) apply to the company for the income year; and
(b) circumstances specified in those rules exist for the company;
then the amount of the *low carbon liquid fuel production tax offset is reduced by the proportion specified in those rules for those circumstances.
421A-15 Initial reconciliation period for registered PGO certificate
(1) The initial reconciliation period for a *registered PGO certificate is the period that:
(a) starts immediately after the end of the financial year (the registration year for the certificate) in which the certificate was registered; and
(b) ends at the time specified by subsection (2) or (3), whichever is later.
(2) If:
(a) a person is given a statement under section 60 of the Future Made in Australia (Guarantee of Origin Act) 2024 ; and
(b) the statement relates to PGO certificate activity (within the meaning of that Act) in connection with the *registered PGO certificate in the registration year for the certificate;
then the time specified by this subsection is the latest time by which such person is required, under section 61 of that Act, to give the Clean Energy Regulator a declaration in relation to such a statement.
Note: If more than one person is given such a statement, different people may be required to give the Clean Energy Regulator declarations by different times. The time specified by this subsection is the latest of those times.
(3) If:
(a) a person is given a statement under section 60 of the Future Made in Australia (Guarantee of Origin Act) 2024 (theGuarantee of Origin Act ); and
(b) the statement relates to PGO certificate activity (within the meaning of the Guarantee of Origin Act) in connection with the *registered PGO certificate in the registration year for the certificate; and
(c) after the end of the registration year, and at or before the time specified by subsection (2) of this section, the person gives the Clean Energy Regulator declarations and information of the kind mentioned in paragraph 61(b) of the Guarantee of Origin Act; and
(d) the declarations include a declaration that particular information stated in the registered PGO certificate is not accurate or complete;
then the time specified by this subsection is the latest time at which the Clean Energy Regulator may decide, under section 62 of the Guarantee of the Origin Act, to correct the registered PGO certificate in response to declarations and information given by a person as mentioned in paragraphs (c) and (d) of this subsection.
Note: If more than one person gives the Clean Energy Regulator declarations and information as mentioned in paragraphs (c) and (d) of this subsection then, for each such set of declarations and information, there will be a last time at which the Clean Energy Regulator may correct the PGO certificate in response to that set of declarations and information. The time specified by this subsection is the latest of those last times.
421A-20 Correction notice for registered PGO certificate
(1) The Clean Energy Regulator must issue a notice (a correction notice ) for a *registered PGO certificate that relates to a litre of low carbon liquid fuel if:
(a) the *initial reconciliation period for the PGO certificate has ended;and
(b) the PGO certificate states that the greenhouse gases emitted in relation to the litre of low carbon liquid fuel calculated after undertaking an emissions lifecycle analysis is less than or equal to the amount determined by the Clean Energy Regulator under subsection 421A-5(4); and
(c) the Clean Energy Regulator is satisfied that the condition in paragraph (b) is not met.
(2) The *correction notice must state that the Clean Energy Regulator is satisfied that the condition in paragraph (1) is not met.
(3) The *correction notice is in force until it is revoked under subsection (4).
Revocation of correction notice
(4) The Clean Energy Regulator may, in writing, revoke a *correction notice for a *registered PGO certificate that relates to a litre of low carbon liquid fuel if the Clean Energy Regulator is satisfied that:
(a) the *initial reconciliation period for the PGO certificate had not ended at the time when the correction notice was issued, and that period has still not ended; or
(b) the PGO certificate does not state that the condition in paragraph (1)(b) is met in relation to the litre of low carbon liquid fuel; or
(c) the condition in paragraph (1)(b) is met in relation to the litre of low carbon liquid fuel.
Copies of correction notice and revocation
(5) If the Clean Energy Regulator:
(a) issues a *correction notice under subsection (1) for a *registered PGO certificate that relates to a litre of low carbon liquid fuel; or
(b) revokes such a correction notice under subsection (4);
then the Clean Energy Regulator must give copies of the correction notice or the revocation to the following:
(c) each person who is, at the time the correction notice is issued or revoked, the *holder of a *registered production profile that specifies the facility at which the low carbon liquid fuel was produced;
(d) the Commissioner.
Other matters
(6) Subsection (1) and paragraph (4)(c) do not impose a duty on the Clean Energy Regulator to:
(a) seek information about whether the conditions in subparagraphs (1)(b)(i) and (ii) are met; or
(b) consider whether the Clean Energy Regulator is satisfied that those conditions are, or are not, met.
(7) The issuing of a *correction notice for a *registered PGO certificate does not have any effect on the content or status of the PGO certificate under the Future Made in Australia (Guarantee of Origin Act) 2024 .
421A-25 LCLFPTO community benefit rules
(1) The Minister may, by legislative instrument, make the following rules (the LCLFPTO community benefit rules ):
(a) rules that:
(i) apply to companies within a specified class for an income year; and
(ii) specify conditions that must be met for such a company to be entitled to a *low carbon liquid fuel production tax offset for the income year;
(b) rules that:
(i) apply to companies within a specified class for an income year; and
(ii) specify circumstances that, if they exist for such a company, will reduce the amount of the company's low carbon liquid fuel production tax offset for the income year by a specified proportion.
Note: For subparagraph (b)(ii), different proportions may be specified for different circumstances (see subsection 33(3A) of the Acts Interpretation Act 1901 ).
(2) In making the *LCLFPTO community benefit rules, the Minister must have regard to the community benefit principles (within the meaning of subsection 10(3) of the Future Made in Australia Act 2024 ).
(3) When having regard to those principles, the Minister is to treat the *low carbon liquid fuel production tax offset as if it were Future Made in Australia support (within the meaning of the Future Made in Australia Act 2024 ).
(4) This section does not apply if the Future Made in Australia Act 2024 has not commenced.
Subdivision 421A-B — Certification of production profiles
Table of sections
421A-30 Application for certification
421A-35 Certification of production profile
421A-40 Revocation of certification
421A-45 Requests for further information etc.
421A-30 Application for certification
(1) The *holder of a *registered production profile for low carbon liquid fuel may apply to the Clean Energy Regulator for the profile to be certified:
(a) in relation to a particular facility, and a particular *production pathway, specified in the profile; and
(b) from a particular time.
(2) The time specified in the application, as mentioned in paragraph (1)(b), must not be later than the start of the day when the application is made (and may be any time before the start of that day).
(3) The application is taken not to be made unless:
(a) it is in a form (if any) prescribed under subsection (5); and
(b) it is accompanied by any information, documents or other materials prescribed under subsection (5); and
(c) without limiting paragraphs (a) and (b) of this subsection—it is accompanied by an eligibility statement for the *registered production profile that relates to the facility and the *production pathway.
(4) For the purposes of paragraph (3)(c), an eligibility statement for the *registered production profile that relates to the facility and the *production pathway is a statement by the *holder of the profile to the effect that there are reasonable grounds to believe that, if the profile is certified, a company will be entitled to the *low carbon liquid fuel production tax offset for an income year in respect of one or more litres of low carbon liquid fuel produced at the facility in accordance with the production pathway.
(5) The Clean Energy Regulator may, by notifiable instrument, do any of the following:
(a) prescribe a form for the purposes of paragraph (3)(a);
(b) prescribe information, documents or other materials for the purposes of paragraph (3)(b).
421A-35 Certification of production profile
Certification
(1) If:
(a) the Clean Energy Regulator receives an application for a *registered production profile to be certified in relation to a facility and a *production pathway from a particular time (the start time ); and
(b) the Clean Energy Regulator is satisfied that a condition prescribed under subsection (3) (if any) was met at the start time, and has continued to be met since that time.
then:
(c) Clean Energy Regulator must, in writing, certify the registered production profile in relation to the facility and the production pathway; and
(d) the instrument of certification must state that the certification has effect from the start time.
Exception — failure to provide information etc.
(2) However, the Clean Energy Regulator may refuse to certify a *registered production profile under subsection (1) if:
(a) the Clean Energy Regulator has given the *holder of the production profile a notice under section 421A-45(1) that relates to the application for certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
(b) the holder of the production profile does not comply with the request before the specified time.
Conditions
(3) For the purposes of paragraph (1)(b), the Clean Energy Regulator may:
(a) by legislative instrument, determine a condition for the certification of a *registered production profile in a specified class of *registered production profiles; or
(b) by written notice given to the *holder of a *registered production profile, determine a condition for the certification of the *registered production profile.
Notification of certification
(4) If the Clean Energy Regulator certifies a *registered production profile with effect from a particular time (the start time ), the Clean Energy Regulator must notify the following of the certification:
(a) the person who applied under section 421A-30 for the certification;
(b) the person who was the *holder of the production profile at the start time;
(c) each person who was a holder of the production profile at any time between:
(i) the start time; and
(ii) the time when the instrument of certification is made;
(d) the Commissioner.
No duty to seek information about eligibility statement
(5) This section does not impose a duty on the Clean Energy Regulator to seek information relevant to assessing whether the eligibility statement for the *registered production profile is incorrect that goes beyond:
(a) information possessed by the Clean Energy Regulator at the time when the Clean Energy Regulator received the application for certification of the registered production profile; and
(b) information that was contained in, or that accompanied, that application.
421A-40 Revocation of certification
(1) This section applies if a *production profile has been certified in relation to a facility and a *production pathway with effect from a particular time (the original start time ).
Revocation — substantive grounds
(2) The Clean Energy Regulator may, in writing, revoke the certification if:
(a) on or after the original start time, the registration of the *production profile is suspended, cancelled or surrendered under the Future Made in Australia (Guarantee of Origin) Act 2024 ; or
(b) there is a time, on or after the original start time, when a condition prescribed under subsection 421A-40(3) of this Act (if any) is not met in relation to the facility and the *production pathway; or
(c) at the time when the instrument of revocation is made, the Clean Energy Regulator reasonably believes that the eligibility statement for the production profile that accompanied the application for certification(see paragraph 421-60(3)(c)) is incorrect.
(3) A revocation under subsection (2) has effect from the time (the new end time for the certification) specified in the instrument of revocation, which must be:
(a) if the certification is revoked under paragraph (2)(a)—the time when the registration of the *production profile was suspended, cancelled or surrendered; or
(b) if the certification is revoked under paragraph (2)(b)—the earliest time, on or after the original start time, when the condition in subsection 421A-35(3) is not met in relation to the facility and the *production pathway; or
(c) if the certification is revoked under paragraph (2)(c)—no earlier than the time when the instrument of revocation is made.
Note: If the certification is revoked under paragraph (2)(a) or (b), the revocation will have retrospective effect.
Revocation — failure to provide information etc.
(4) In addition, the Clean Energy Regulator may, in writing, revoke the certification if:
(a) the Clean Energy Regulator has given the *holder of the *production profile a notice under subsection 421A-45(2) that relates to the certification, requesting that the holder give the Clean Energy Regulator specified information, documents or other materials before a specified time; and
(b) the holder of the production profile does not comply with the request before the specified time.
(5) A revocation under subsection (4) has effect from the time (also the new end time for the certification) specified in the instrument of revocation, which must not be before the time specified in the notice mentioned in paragraph (4)(a).
Note: A revocation under subsection (4) may be given retrospective effect.
Consequences of revocation
(6) If the new end time for the certification is the same as the original start time, then the certification is taken never to have been in effect.
(7) If the new end time for the certification is later than the original start time, then:
(a) the certification is taken to have been in effect for the period that:
(i) begins at the original start time; and
(ii) ends at the new end time; and
(b) the certification is taken not to have been in effect after the new end time.
Note: The operation of subsections (6) and (7) may affect whether paragraph 421A-5(1)(c) (which sets out a condition for entitlement to the low carbon liquid fuel production tax offset) is satisfied in a particular case.
(8) If a certification of a *production profile that relates to a particular facility and *production pathway is revoked, that does not prevent:
(a) an application later being made for a new certification of the production profile, including a certification that relates to the same facility and production pathway; or
(b) the Clean Energy Regulator subsequently issuing such a new certification of the production profile.
Notification of revocation
(9) If the Clean Energy Regulator revokes a certification of a *production profile, the Clean Energy Regulator must notify the following of the revocation:
(a) the person who was the *holder of the production profile at the original start time for the certification;
(b) each person who was a holder of the production profile at any time between:
(i) the original start time for the certification; and
(ii) the time when the instrument of revocation is made;
(c) the Commissioner.
421A-45 Requests for further information etc.
Request before certification
(1) If the Clean Energy Regulator has received an application for a *registered production profile to be certified, the Clean Energy Regulator may, before making a decision about whether to certify the profile under section 421A-35, give a written notice to the *holder of the profile:
(a) requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to making that decision; and
(b) stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may refuse to certify the production profile.
Request after certification
(2) If the Clean Energy Regulator has certified a *registered production profile under section 421A-35, the Clean Energy Regulator may give a written notice to the *holder of the profile:
(a) requesting that the holder give the Clean Energy Regulator, before a specified time, specified information, documents or other materials that are relevant to deciding whether to revoke the certification under subsection 421A-40(2) (revocation on substantive grounds); and
(b) stating that, if the request is not complied with before the specified time, the Clean Energy Regulator may revoke the certification.
Subdivision 421A-C — Other matters
Table of sections
421A-50 Review of decisions by the Administrative Review Tribunal
421A-55 Information sharing
421A-60 Period for amending assessments
421A-50 Review of decisions by the Administrative Review Tribunal
Applications may be made to the *ART for review of the following decisions made by the Clean Energy Regulator:
(a) a decision under subsection 421A-35(1) to issue a *correction notice;
(b) a decision under subsection 421A-35(4) to revoke a correction notice;
(c) a decision under section 421A-20 to certify a *registered production profile;
(d) a decision under section 421A-20 not to certify a registered production profile (after an application to certify the profile has been made under section 421A-30);
(e) a decision under section 421A-40 to revoke a certification of a *production profile.
421A-55 Information sharing
(1) Each of the following regulators:
(a) the Clean Energy Regulator;
(b) the Commissioner;
may request the other regulator to provide them with information held by the other regulator that is reasonably necessary or convenient for the requesting regulator's administration of this Division.
(2) The other regulator must comply with the request.
Note: The request could be an ad hoc or standing request, and the information requested could be general or specific.
421A-60 Period for amending assessments
Section 170 of the Income Tax Assessment Act 1936 does not prevent the amendment of an entity's assessment for the purposes of giving effect to this Division for an income year if:
(a) the Clean Energy Regulator:
(i) issues, or revokes, a *correction notice under section 421A-20; or
(ii) makes an instrument under section 421A-40 revoking a certification of a *production profile, with effect from a specified time (which may be different from the time when the instrument is made); and
(b) as a result, there is a change to:
(i) whether the entity is entitled to a *low carbon liquid fuel production tax offset for the income year; or
(ii) the amount of low carbon liquid fuel production tax offset that the entity is entitled to for the income year; and
(c) the amendment of the entity's assessment is made during the period of 4 years starting on the day when the Clean Energy Regulator issues or revokes the correction notice, or makes the instrument revoking the certification of the production profile.
Note: Section 170 of the Income Tax Assessment Act 1936 specifies the periods within which assessments may be amended.
4 Subsection 995-1(1)
Insert:
LCLFPTO community benefit rules (short for "low carbon liquid fuel production tax offset community benefit rules") means the rules made under section 421A-25.
low carbon liquid fuel production tax offset has the meaning giving by subsection 421A-5(1).
low carbon liquid fuel :
(a) means a liquid fuel derived from renewable, waste, or other low-carbon sources; and
(b) includes sustainable aviation fuel, renewable diesel, biofuels, synthetic fuels, and fuels produced from captured carbon but does not include fossil fuel-derived liquid fuel.
Taxation Administration Act 1953
5 In the appropriate position in Part IA
Insert:
3M Reporting of information about low carbon liquid fuel production tax offset
(1) This section applies to an entity in relation to an income year if, according to information the entity gave the Commissioner, the entity is entitled under Division 421A of the Income Tax Assessment Act 1997 to a tax offset for the income year.
(2) The Commissioner must, as soon as practicable after the second 30 June after the financial year corresponding to the income year, make publicly available the information mentioned in subsection (3).
(3) The information is as follows:
(a) the entity's name;
(b) the entity's ABN or, if the first information the entity gave the Commissioner indicating the entity's entitlement to the tax offset does not include the entity's ABN but does include the entity's ACN (within the meaning of the Corporations Act 2001 ), the entity's ACN;
(c) the sum of the amounts of the tax offsets that the entity is entitled to under Division 421A of the Income Tax Assessment Act 1997 for the income year, where the amount of each tax offset is worked out according to the first information that the entity gave the Commissioner indicating the entity's entitlement to the tax offset.
(4) Subsection (5) applies if:
(a) the entity gives the Commissioner notice, in the approved form, that the information mentioned in subsection (3) contains an error; and
(b) the notice contains information that corrects the error.
(5) The Commissioner may at any time make the information mentioned in paragraph (4)(b) publicly available, in accordance with subsection (2), in order to correct the error.
(6) To avoid doubt, if the Commissioner considers that information made publicly available under subsection (2) fails to reflect all of the information required to be made publicly available under that subsection, the Commissioner may at any time make publicly available other information in order to remedy the failure.
(7) An expression used in this section and in the Income Tax Assessment Act 1997 has the same meaning in this section as in that Act.
The Senate divided. [20:16]
(The President—Senator Lines)
Defence Service Homes Amendment (Insurance) Bill 2025
That this bill be now read a third time.