The SPEAKER (Mr Harry Jenkins) took the chair at 09:00, made an acknowledgement of country and read prayers.
Abolition of Age Limit on Payment of the Superannuation Guarantee Charge Bill 2011
Abolition of Age Limit on Payment of the Superannuation Guarantee Charge Bill 2011
... shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated.
Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate.
A vote, resolution, or proposed law for the appropriation of revenue or moneys shall not be passed unless the purpose of the appropriation has in the same session been recommended by message of the Governor-General to the House in which the proposal originated.
A private Member may not initiate a bill imposing or varying a tax or requiring the appropriation of revenue or moneys. This would be contrary to the constitutional and parliamentary principle of the financial initiative of the Executive—that is, that no public charge can be incurred except on the initiative of the Government.
It would not be possible for a private Member to obtain the Governor-General’s recommendation for an appropriation. Furthermore, of those bills requiring a Governor-General’s message, only those brought in by a Minister may be introduced and proceeded with before the message is announced.
Therefore, only a Minister may bring in a bill which appropriates public moneys.
Only a Minister may initiate a proposal to impose, increase, or decrease a tax or duty, or change the scope of any charge.
(b) Only a Minister may move an amendment to the proposal which increases or extends the scope of the charge proposed beyond the total already existing under any Act of Parliament.
(c) A Member who is not a Minister may move an amendment to the proposal which does not increase or extend the scope of the charge proposed beyond the total already existing under any Act of Parliament.
That so much of standing orders be suspended as would permit the Attorney-General, the member for New England and the member for Lyne to address this question for no longer than five minutes each.
Underlying the parliamentary procedure on supply is a rule of the House of Commons which is of fundamental importance. It is enshrined in a standing order, which, in its earliest form, was passed in 1706 and is which now, according to the relevant standing order that existed in the House of Commons, this House will receive no petition for any sum relating to public service or proposed upon any motion for a grant or charge upon the public revenue whether payable out of consolidated fund or out of money to be provided by parliament unless recommended from the Crown.
Only the Crown therefore can initiate proposals for expenditure in the House. The Crown's right and responsibility in this respect are exercised by ministers in the government of the day.
… the initiative for proposed appropriations belongs to the Executive Government, in accordance with s 56 of the Constitution.
That the Speaker's ruling be dissented from.
That so much of the standing and sessional orders be suspended as would prevent the following items of private Members' business being reported from the Main Committee, or called on, and considered immediately in the following order:
Paragraph 2:
After 'Authority' insert 'and the Intergovernmental Working Group for the Centenary of Canberra'.
That all words after 'that' be omitted with a view to substituting the following words:
(1) a Joint Select Committee on Australia's Immigration Detention Network be appointed to inquire into and report on:
(a) any reforms needed to the current Immigration Detention Network in Australia;
(b) the impact of length of detention and the appropriateness of facilities and services for asylum seekers;
(c) the resources, support and training for employees of Commonwealth agencies and/or their agents or contractors in performing their duties;
(d) the health, safety and wellbeing of asylum seekers, including specifically children, detained within the detention network;
(e) impact of detention on children and families, and viable alternatives;
(f) the effectiveness and long-term viability of outsourcing immigration detention centre contracts to private providers;
(g) the impact, effectiveness and cost of mandatory detention and any alternatives, including community release; and
(h) any other matters relevant to the above terms of reference;
(2) the committee consist of 11 members, 2 Members to be nominated by the Government Whip or Whips, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Members to be nominated by the Opposition Whip or Whips, 2 Senators nominated by the Leader of the Opposition in the Senate, 1 Member and 1 Senator nominated by the Australian Greens Whip, and 1 non-aligned member;
(3) participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee;
(4) every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives;
(5) the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time, whichever is the earlier;
(6) the committee shall elect a chair and deputy chair;
(7) the deputy chair shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting;
(8) in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote;
(9) 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House;
(10) the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine;
(11) the committee appoint the chair of each subcommittee who shall have a casting vote only;
(12) at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;
(13) 2 members of a subcommittee constitute the quorum of that subcommittee;
(14) members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;
(15) the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced;
(16) the committee or any subcommittee may conduct proceedings at any place it sees fit;
(17) the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the House of Representatives and the Senate;
(18) the committee may report to both Houses of Parliament from time to time and that it present its final report no later than 7 October 2011;
(19) the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders;
(20) a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly
That the following words be inserted after point (g) after the word 'and':
(h) the reasons for and nature of riots and disturbances in detention facilities;
(i) the performance and management of Commonwealth agencies and/or their agents or contractors in discharging their responsibilities associated with the detention and processing of irregular maritime arrivals or other persons;
(j) the health, safety and wellbeing of employees of Commonwealth agencies and/or their agents or contractors in performing their duties relating to irregular maritime arrivals or other persons detained in the network;
(k) the level, adequacy and effectiveness of reporting incidents and the response to incidents within the immigration detention network, including relevant policies, procedures, authorities and protocols;
(l) compliance with the Government's immigration detention values within the detention network;
(m) any issues relating to interaction with States and Territories regarding the detention and processing of irregular maritime arrivals or other persons;
(n) the management of good order and public order with respect to the immigration detention network;
(o) the total costs of managing and maintaining the immigration detention network and processing irregular maritime arrivals or other detainees;
(p) the expansion of the immigration detention network, including the cost and process adopted to establish new facilities;
(q) the length of time detainees have been held in the detention network, the reasons for their length of stay and the impact on the detention network;
(r) processes for assessment of protection claims made by irregular maritime arrivals and other persons and the impact on the detention network; and,
And insert the words at point 6 after the word 'elect', the words 'a Government chair'.
Home Insulation Program (Commission of Inquiry) Bill 2011
The presentation of the Guide—
contained many failures and yet the Committee still found communities willing to engage, be consulted with and contribute to a Basin Plan. Communities want a Basin Plan, but they want a Plan that acknowledges them as a critical part of the Basin.
In order to ensure that this reform is effective and community-focussed, there is a need to significantly overhaul how environmental water is sourced, managed and accounted for, then monitored.
Family Assistance and Other Legislation Amendment Bill 2011
That this bill be now read a second time.
Tax Laws Amendment (2011 Measures No. 5) Bill 2011
That this bill be now read a second time.
Financial Framework Legislation Amendment Bill (No. 1) 2011
That this bill be now read a second time.
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: Integrated fit-out of new leased premises for the Australian Taxation Office at 55 Elizabeth Street, Brisbane, Queensland.
Aged Care Amendment Bill 2011
Baby boomers taking a seachange in their dotage face the prospect of widespread shortages in aged care, revised projections of the impact of dementia show.
Australia will be 279,000 aged care places short by 2050 without significant policy changes, and hardest hit will be coastal areas popular with retirees, a study by Access Economics has found.
The expected growth points in elderly populations show that sea-change locations such as Port Macquarie, Tweed Heads and the NSW south coast would experience shortages of 2000 or more aged-care places by 2050 without a change in policy. In the Paterson electorate in the Hunter region, the shortfall would be just under 3000 places.
In Victoria, similar shortages would be experienced in the Mornington Peninsula-Flinders area, the Gippsland coast and districts along the Great Ocean Road. In the Flinders electorate, the shortfall would be 2870.
The Port's largest aged care provider is set to embark on a $21 million project that, when complete, will offer hospice, high care and villa-style accommodation.
The news comes after Port Stephens Veterans and Citizens Aged Care was recently granted licences for 60 new beds to create a state-of-the-art nursing home.
CEO Louise Watters said with each bed costing around $200,000 to adequately set up, the not-for-profit group will need to build extra villas to fund the project.
"The cost of the nursing home is going to be around $12 million because it is a unique style of care with the units above," Ms Watters said. "
So in order to do this we're looking to build 30 to 35 villas at Fingal Bay on land in front of the retirement village and 16 villas at Salamander Bay."
Conditions on the new bed licences require the nursing home to be operating by 2013, but Ms Watters said that it was likely the group would seek an extension to complete the project. The nursing home will provide high-level and hospice care as well as having units above in which partners can live.
She said the aim was to have development applications for the villas to Port Stephens Council by late July or early August with the villas built, complete and sold by the end of this year.
That the words proposed to be omitted (Mr Dutton's amendment) stand part of the question.
That so much of the standing and sessional orders be suspended as would prevent the following occurring:
(1) when the order of the day for the resumption of debate on the second reading of Taxation of Alternative Fuels Legislation Amendment Bill 2011 is called on, for a cognate debate to take place with Excise Tariff Amendment (Taxation of Alternative Fuels) Bill 2011, Customs Tariff Amendment (Taxation of Alternative Fuels) Bill 2011, and Energy Grants (Cleaner Fuels) Scheme Amendment Bill 2011;
(2) at the conclusion of the second reading debate, including a Minister speaking in reply, and thereafter, without delay, the immediate question, or questions necessary to complete the second reading stage to be put, and when resolved Taxation of Alternative Fuels Legislation Amendment Bill 2011 then being considered in detail if a detail stage is required, and then any question or questions necessary to complete the remaining stages of the bill to be put without amendment or debate;
(3) immediately after proceedings on the Taxation of Alternative Fuels Legislation Amendment Bill 2011 have concluded, the Excise Tariff Amendment (Taxation of Alternative Fuels) Bill 2011 to be called on and the immediate question then before the House to be put without amendment or debate, and when resolved the bill then being considered in detail if a detail stage is required, and then any question or questions necessary to complete the remaining stages of the bill to be put without amendment or debate;
(4) immediately after proceedings on the Excise Tariff Amendment (Taxation of Alternative Fuels) Bill 2011 have concluded, the Customs Tariff Amendment (Taxation of Alternative Fuels) Bill 2011 to be called on and the immediate question then before the House to be put without amendment or debate, and when resolved the bill then being considered in detail if a detail stage is required, and then any question or questions necessary to complete the remaining stages of the bill to be put without amendment or debate;
(5) immediately after proceedings on the Customs Tariff Amendment (Taxation of Alternative Fuels) Bill 2011 have concluded, the Energy Grants (Cleaner Fuels) Scheme Amendment Bill 2011 to be called on and the immediate question then before the House to be put without amendment or debate, and when resolved the bill then being considered in detail if a detail stage is required, and then any question or questions necessary to complete the remaining stages of the bill to be put without amendment or debate; and
Taxation of Alternative Fuels Legislation Amendment Bill 2011
That this bill be now read a second time.
The support of the parliament for this legislation is crucial.
Under the former government's legislation that will apply unless new legislative arrangements are made, the taxation arrangements for both imported and domestically produced ethanol will both jump to 7.6c per litre from 1 July 2011. This will mean that on this date the net excise on domestic ethanol will rise by 7.6c per litre and the duty on imported ethanol will fall by more than 30c per litre. In addition, the tax on imported and domestic ethanol will continue to rise each year by more than 7.6c per litre until they are both taxed at the petrol rate of 38.143c per litre. Biodiesel will also be overtaxed from 1 July 2011 if the bills are not passed. The consequences of these arrangements would be devastating for industry. The Gillard government is committed to completing the unfinished business of the Howard government and to acting in the national interest. It is imperative to have these bills passed to avoid the unintended tax consequences on the ethanol and biodiesel industries.
Once enacted, the legislation will provide certainty for alternative fuels taxation so that industry will be able to make decisions, confident in the knowledge of the tax arrangements that apply.
… … …
It is critical that the bills are considered promptly in the parliament. Royal assent is necessary before 1 July 2011 to prevent the changes legislated for ethanol, biodiesel and renewable diesel by the Howard government coming into operation on 1 July 2011. These changes would seriously undermine Australia's renewable fuels manufacturing industry.
These bills have been developed following an extensive consultation process with industry that included the release for comment of a discussion paper and release of exposure draft legislation.
The reforms will establish a fairer and more transparent fuel excise system with improved competitive neutrality between fuels. They will provide the opportunity for currently untaxed fuels to establish their commercial credentials in the market place.
To the Honourable The Speaker and Members of the House of Representatives
This petition of undersigned citizens of Australia calls on the Australian Government to end the export of live animals from Australia to the Middle East.
We the undersigned therefore call on the House of Representatives to ensure that the Australian government ends this trade and, in doing, restore Australia's reputation as a compassionate and ethical nation.
Dear Hudson and Grace
Long before you can read this and the many other words that have been written about your dad, you will already know that he was a great man. Many people will tell you stories about your dad: the brave, determined and fearless policeman. They will tell you stories about how in his heart he wanted to protect the good people from the bad, and to make our community a safer place—most importantly safer for you. And they will tell you stories about how loyal he was to his police mates. When you get to know your dad's old mates and see the support they have provided to you and your mum you will understand that these qualities are shared by all policemen and women.
The most important story though will come from your mum and your loving family. Mum will remind you of your dad's unconditional love for you, and share with you special stories. It probably will not be until you are parents that you truly understand how much your dad loved you and how proud he was of your every expression and movement. As I write this letter the devastation, tears and realisation of loss are felt by all in our community, but of course especially by your mum and all who loved your dad. Take care of your mum, because she is made of the same stuff as your dad.
Let me close by saying, our only small offering is that we are grateful for the sacrifice your dad has made, and the sacrifice your mum and many other police officers make every day.
The move to more efficient, cleaner energy through a well designed market mechanism to price carbon is a major and desirable structural and economic reform which will help Australia competitively position in a global low carbon economy.
... of course we've said from the outset that we would not introduce a tax and we'll repeal it if it comes in, and of course if you're repealing the tax, you're repealing the mechanisms that go with it.
I comment in this place on the latest adventures in the great global warming swindle that is gripping our nation and most of the formerly civilised world.
At the heart of many scientists … lies the heart of a totalitarian planner. One can see them now, beavering away, alone, unknown in their laboratories.
If we don't lift our productivity then we can't in the long term keep downward pressure on inflation, and we won't have the guarantee that interest rates won't be rising further into the future.
The reforms will establish a fairer and more transparent fuel excise system with improved competitive neutrality between fuels.
Today I announce an overhaul of the fuel excise system.
These reforms—
will result in a more consistent and neutral tax regime for fuels used in vehicles.
I'd be happy to do it, but I would try to get someone more senior to do it. The leader would be ideal …
… 300,000 Australians are going to lose their jobs in its first term.
That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah moving immediately—
That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah moving immediately—
That this House calls on the Prime Minister to explain to the Australian people why her Government has abandoned the manufacturing industry in this country by preparing to introduce a carbon tax. In particular, why the:
(1) Members for Corio and Corangamite aren’t standing up for the 1,300 workers at Ford in Geelong;
(2) Member for Gellibrand isn’t standing up for the 3,300 workers at Toyota in Altona;
(3) Member for Capricornia isn’t standing up for the 2,000 workers a the Newlands, German Creek and Moranbah coal mines;
(4) Members for Throsby and Cunningham aren’t standing up for the 7,000 workers at Bluescope Steel and Illawarra Coal;
(5) Member for Brand isn’t standing up for the 1,300 workers at Alcoa in Kwinana;
(6) Member for Calwell isn’t standing up for the 1,900 workers at Ford in Broadmeadows;
(7) Member for Hunter isn’t standing up for the 2,700 jobs at the Wambo, Mount Thorley, Mount Owen and Hunter Valley mines;
(8) Member for Lingiari isn’t standing up for the 850 workers at Rio Tinto/Alcoa Gove;
(9) Member for Wakefield isn’t standing up for the 2,700 workers at Holden in Elizabeth;
(10) Member for Bass isn’t standing up for the 560 workers at Alcan in Bell Bay; and
(11) Prime Minister won’t even stand up for the 466 workers in her own seat of Lalor who work at One Steel in Laverton.
It tolls the death knell for manufacturing in Australia.
The aftershocks of a carbon tax will reverberate through our nation at an enormous cost, flowing through and driving up the costs of every commodity that is part of the fabric of our society.
One can see them now, beavering away, alone, unknown, in their laboratories. And now, through the great global warming swindle they can influence policy, they can set agendas, they can reach into everyone's lives.
But I say to you that at this time you need to become political activists at least for a few months, at least for a couple of years, if you are going to be able to continue to be the miners that you want to be and that Australia needs.
Report relating to private Members’ business and the consideration of bills introduced 1 and 2 June 2011
1. The committee met in private session on 1 and 2 June 2011.
2. The committee recommends that the following items of private Members’ business listed on the notice paper be voted on:
Orders of the Day
House of Representatives Chamber
Malaysia asylum seeker proposal (Mr Bandt)
Select Committee on Australia’s Immigration Detention Network (Mr Morrison)
Criteria for independent youth allowance (Mr Pyne)
Main Committee
Defence houses at Eaton, NT (Mrs Griggs)
Greater Western Sydney Conservation Corridor (Mrs Markus)
Pharmaceutical Benefits Scheme (Mrs Moylan)
One-hundredth anniversary of the sinking of SS Yongala (Mr Christensen)
Fortieth anniversary of the Ramsar Convention (Mr Chester)
Death of Mr Greg McNicol (Mr Hunt).
3. The committee determined that the Family Assistance and Other Legislation Amendment Bill 2011 be referred to the Standing Committee on Social Policy and Legal Affairs for inquiry and report.
The risks to Australian taxpayers from the government's mismanagement of the National Broadband Network.
Voluntary service is one of the fundamental principles of Red Cross. It is at the heart of community building because it promotes trust and reciprocity. It encourages people to be responsible citizens.
The DEPUTY SPEAKER (Ms K Livermore) took the chair at 10:39.
Appropriation Bill (No. 1) 2011-2012
Prime Minister and Cabinet Portfolio (Regional Australia, Regional Development and Local Government);
Infrastructure and Transport Portfolio;
Defence Portfolio (Defence);
Agriculture, Fisheries and Forestry Portfolio;
Defence Portfolio (Veterans' Affairs);
Treasury Portfolio;
Human Services Portfolio;
Sustainability, Environment, Water, Population and Communities Portfolio;
Health and Ageing Portfolio;
Immigration and Citizenship Portfolio;
Resources, Energy and Tourism Portfolio (Resources and Energy);
Resources, Energy and Tourism Portfolio (Tourism);
Attorney-General's Portfolio;
Families, Housing, Community Services and Indigenous Affairs Portfolio;
Education, Employment and Workplace Relations Portfolio (Tertiary Education, Skills, Jobs and Workplace Relations);
Education, Employment and Workplace Relations Portfolio (School Education, Early Childhood and Youth);
Innovation, Industry, Science and Research Portfolio;
Foreign Affairs and Trade Portfolio (Foreign Affairs);
Foreign Affairs and Trade Portfolio (Trade);
Climate Change and Energy Efficiency Portfolio;
Broadband, Communications and the Digital Economy Portfolio;
Finance and Deregulation Portfolio; and
Prime Minister and Cabinet Portfolio (Prime Minister and Cabinet).
… Federal Labor will invest more than $2 billion in Queensland infrastructure from the Regional Infrastructure Fund …
That the Main Committee do now adjourn.
(1) How many (a) mobile phones, (b) blackberries and (c) I-Pads are currently allocated to the (i) Minister, and (ii) the Minister's ministerial staff.
(2) In respect of mobile phone usage between (a) 3 December 2007 and 24 November 2010, and (b) 24 June 2010 and 24 November 2010, what was the total cost for (a) the Minister, and (b) the Minister's ministerial staff.
(3) For each month since December 2007, what was the cost of mobile phone usage for each mobile phone account allocated to the (a) Minister, and (b) Minister's ministerial staff.
(1) As at 25 November 2010, the following mobile phones and i-Pad's were assigned to the Minister and the Minister's ministerial staff:
* The department defines a Blackberry device as a mobile phone with email capability
** Mobile phone provided by the Department of Finance and Deregulation
(2) In respect of mobile phone usage between 3 December 2007 and 24 November 2010 and 24 June 2010 and 24 November 2010, the total cost for the Minister and the Minister's ministerial staff is as below:
*Information for the given timeframes is as per the Telstra and Optus billing period
(3) The cost of mobile phone usage for each mobile phone account allocated to the (a) Minister, and (b) Minister's ministerial staff for each month since December 2007 is attached.
Please note that the cost for individual Minister and ministerial staff is for the time period of their assignment to the DEEWR portfolio within the requested time periods.