The DEPUTY SPEAKER (Ms AE Burke) took the chair at 9:00, made an acknowledgement of country and read prayers.
Clean Energy Finance Corporation Bill 2012
Clean Energy Legislation Amendment Bill 2012
Clean Energy (Customs Tariff Amendment) Bill 2012
Clean Energy (Excise Tariff Legislation Amendment) Bill 2012
Appropriation (Parliamentary Departments) Bill (No. 1) 2012-2013
Appropriation Bill (No. 1) 2012-2013
Appropriation Bill (No. 2) 2012-2013
That the following order of the day, private Members' business, be returned to the House for further consideration:
No. 4—1972 Olympic Games terrorist attack.
That so much of the standing and sessional orders be suspended as would prevent the following item of private Members' business being called on, and considered immediately:
1972 Olympic Games terrorist attack—Order of the day.
Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012
We don't foresee there being the same amount of take up in MIT structures as there was. And ultimately, the net loser for that will be Australia. It will result in less foreign direct investment.
The big concern for investors is the inconsistency. The 7.5 per cent rate has only been in place for two years and it's already changed.
The doubling of the withholding tax rate would also reduce Australia’s international competitiveness and reputation as an attractive and certain destination to invest in.
Our nation has the potential to be a financial services hub in the Asia Pacific Region—the fastest growing region in the world. To support this ambition, the Budget begins the process of significantly reducing the withholding tax, by reducing the current interim rate of 30 per cent to a final rate of 7.5 per cent for most nonresident investors.
People like investing in Australia because it has certainty, and when that environment changes people sit back and reassess the situation.
Obviously, when you double taxes, it's not attractive for investors. It undermines Australia as a safe haven to invest.
The government had acted to 'dramatically improve the competitiveness of the Australian managed funds industry', Bowen said.
The move, he added, would provide a 'significant boost to Australia's ability to compete globally' and would support the aim of growing assets under our management from the current $1.7 trillion to $2.5 trillion by 2015.
Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2012
Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011
… that the government review the measures proposed in Schedules 3 and 4 of the bill. This review must re-engage with stakeholders to:
… that the Government revisit the measures proposed in Schedules 3 and 4 of the Enhancements Bill. Further consultation with stakeholders should be undertaken to address the concerns identified throughout the inquiry and to develop measures that will ensure cohesive and consistent national consumer credit legislation and an appropriate balance between consumer protection and industry viability.
Payday lending is part of the twilight zone of Australian finance. As such, it needs to be reformed so that Australian men and women get the full picture and don't sign up for a loan that leaves them in financial strife.
He's made it very clear in this draft legislation that he intends to wipe out the micro lending industry. And it's very disappointing when during two years of negotiation with Treasury and the Government we were led to believe he had no intention to do that.
The Bill will also provide on a national basis long overdue protection for consumers against a wide range of unfair practices.
… … …
In consumer transactions unfair practices are widespread. The existing law is still founded on the principle known as caveat emptor—meaning 'let the buyer beware'. That principle may have been appropriate for transactions conducted in village markets—
The untrained consumer is no match for the businessman who attempts to persuade the consumer to buy goods or services on terms and conditions suitable to the vendor. The consumer needs protection by the law and this Bill will provide such protection.
… is part of our commitment to always stand on the side of consumers.
In the years to come it will provide a model for other nations to follow. Being among the first movers in carbon trading in this region will bring new opportunities and we intend to grasp them.
What we are saying is that the product is harmful in the sorts of circumstances which are typical for the user of the product. Where a product is harmful, there are countless examples of where we as a society make a judgement that, if we are making that product available, we will regulate the basis on which it is available because of its potential for harm.
The proposed model for calculation of the "cost rate"—
is based on a model legislated under the Credit (Commonwealth Powers) Act 2010 (NSW) upon which there was no prior consultation with the credit industry. Subsequent representations to the New South Wales government were to no avail.
Payday lending is an insidious practice that targets the less prosperous men and women of our society, the less financially savvy and the people who can least handle spiralling debt.
… The researchers concluded that 'poverty pervades the lives of most borrowers interviewed.' The study indicates that users of short-term loans are commonly unemployed, receive Government assistance, have low rates of home ownership and are likely to be in their 30s or 40s. Of the 112 borrowers interviewed, 78 per cent received Centrelink benefits, less than 25 per cent were in paid employment, and 75 per cent lived in rental accommodation. Only nine persons interviewed owned their own homes, and eight were homeless. … Of the 112 borrowers interviewed, only seven had credit cards and 68 had poor credit history.
… The research indicates that the short-term loan industry has a disproportionately high client base of Disability Support Pensioners.
… The study shows that the primary reason for seeking a short-term loan is to cover regular expenses such as food, bills and petrol. … Of the regular expenses cited as reasons to obtain a short-term loan, the third most common reason was 'to pay back another loan.'
These loans can come with interest rates of over 400 per cent and send people into a spiral of debt. Payday loans are typically very expensive, given to people living off welfare payments and send borrowers further into financial hardship. Lenders often recoup their debts using direct debits—this means the money is taken out of borrowers' accounts before they have a chance to allocate money for necessities like groceries, rent or medicines. They then go back for another loan to help pay for day-to-day expenses and a pattern of repeat borrowing is created.
These pay-day loans are the wild west of lending.
These type of loans do not help a person who can't meet the day-to-day cost of living.
Payday lending practices are in urgent need of reform to protect low income earners and vulnerable families from becoming trapped in debt. Anglicare Victoria provides financial counselling to more than 10,000 Victorians every year and we have seen firsthand the impact excessive fees and other charges can have on people who see no other option but to use short term loans.
We own and run Cash Loan Money Centres, a micro finance business, in Young Street Frankston. We took out a large mortgage in 2006 to purchase our franchise business to enable us to see out the latter years of our working life serving people in our local community. We provide small amount loans of between $200 and $2000 over terms of 3, 6, 9, or 12 months. Our customers are more than satisfied with our affordable repayments and the flexible terms we offer.
We have built wonderful friendships with many of our customers. Everyone that walks through our door is treated with kindness and respect, and consideration is given to all of their circumstances, not just their need for short term finance. We have been able to support many through major crises in their lives. Consumers from all walks of life have unexpected needs that have to be met. Our customers value freedom of choice and the ability to make their own decisions—this gives them dignity and self-respect.
Under this new legislation, most lenders like ourselves, will not be able to continue. The legislation is unworkable, confusing, and renders our business totally unviable. With borrowing costs, Credit licensing costs, Private Indemnity Insurance costs, and membership of an external dispute resolution scheme, not to mention wages, rent, and running costs, we cannot make a living under the cap rules in the new legislation. We don't understand why the government bothers to regulate the industry, only to sabotage its existence. This will mean job losses in departments of the regulators, rental premises empty everywhere, small businesses closing, staff losing their jobs, and so on.
We go out of our way to ensure a loan is suitable and affordable for a customer. We value them too much not to and its our money we are lending! We need it repaid and we try to encourage our customers with the value of honouring a commitment.
We stand to lose so much if this legislation is passed. We lose our business, our customers, our staff, and the prospect of finding new jobs as we approach 60 is frightening to say the least. But what upsets us most is the anguish on our customers faces when we tell them we may not be around much longer. We cannot tell them where they will go. Most don't fit the criteria for the Not For Profit loans or the lead time is too long for their immediate need.
We applaud the new regulated industry to weed out any unscrupulous loan sharks. Consumers have the right to be able to obtain finance in a safe, honest, transparent and responsible environment. Unfortunately we fear the consequences if this legislation is passed. Consumers will always need money for the unexpected and the emergence of unlawful operators is almost a certainty. The very law that was meant to protect our customers will in fact do the opposite.
We feel cheated by Mr Bill Shorten. He has proven not to be a person of integrity. It appears by this whole process that all he is interested in is his own political goals. … he obviously has his own agenda and is extremely arrogant in his pursuit of it. The power that one person wields can potentially be catastrophic for many. It would be nice to think that we all have a savings stash for those unexpected expenses. The reality is that our customers don't and family support is often not an option either.
… … …
This government seems hell bent on destroying small business and hurting ordinary Australians. Why wipe us all out when you can simply prosecute or de-licence the few rogue lenders that operate in contravention of the Act.
Superannuation Legislation Amendment (MySuper Core Provisions) Bill 2011
It is becoming increasingly clear the date of 1 October 2013 specified in the Bill as the date by which all default contributions must be made to a MySuper product is unlikely to be achievable. The October 2013 date leaves insufficient time for trustees to:
The MySuper proposal, which is one of the basic recommendations of the report, should not be seen as controversial.
MySuper is about having a standardised, low-frills, no-fee superannuation product available to every Australian worker as a basic option for their retirement plan.
The convention is that, subject to the right of the House to legislate on any matter, matters awaiting adjudication in a court of law should not be brought forward in debate, motions or questions.
… first we will need to establish a community consensus for action.
I see clean energy as a source of future growth, energy and emissions savings and a whole new business division for Visy.
… the Government's role should be to create the market environment that will lead to the outcomes sought either through putting a price on CO2 or placing a cap on how much CO2 will be emitted …
Whyalla will be wiped off the map by … carbon tax. … Whyalla risks becoming a ghost town, an economic wasteland … it's also true of Port Pirie … Gladstone … Hunter Valley … Illawarra … Kwinana … Latrobe Valley, Portland …
That the House take note of the following documents:
Productivity Commission—Report No. 58—Australia’s export credit arrangements, 31 May 2012.
Research Involving Human Embryos Act 2002 —Report on the operation of the Act for the period 1 September 2011 to 29 February 2012.
Federal Financial Relations Amendment (National Health Reform) Bill 2012
National Health Reform Amendment (Administrator and National Health Funding Body) Bill 2012
The adverse effect of the carbon tax on small business.
'It's concerning from a business perspective because we know this decision will carry added costs for us that we will have to pass on to the consumer.'
'It's not just a blanket tax on store owners, it will be felt through all levels of business.'
'All our suppliers have a power bill and will be forced to pass on any input costs associated with the carbon tax on to us as well.'
'The Government pretends they're going to change the environment with this tax. It's not going to do anything but throw out the future of young families.'
Government's view of the economy could be summed up in a few short phrases: If it moves, tax it. If it keeps moving, regulate it. And if it stops moving, subsidize it.
The Survey clearly shows that trading conditions remain challenging for Australian businesses in non-mining related sectors, with small businesses reporting the worst performance.
Small business can expect further headwinds in coming months following the escalating economic and political turmoil in Europe, the possibility of a slowdown in China and the damaging economic impact of the carbon tax.
We are very worried about the costs of the carbon tax—both on our fridges that use a lot of power to keep flowers fresh and also on the extra charges that growers will pass onto us. We fear that the customer will not accept a price hike and therefore we will be forced to absorb these extra costs. This will make it even harder to maintain a profitable local business in the current economic climate.
Discretionary retail sales have already slowed. The introduction of a carbon tax will increase our costs which will further hamper our ability to create employment opportunities.
something, typically money, awarded to someone in recognition of loss, suffering, or injury …
Statute Stocktake (Appropriations) Bill (No. 1) 2012
Tax Laws Amendment (Investment Manager Regime) Bill 2012
That the bills be referred to the Federation Chamber for further consideration.
Tax Laws Amendment (Managed Investment Trust Withholding Tax) Bill 2012
The House divided [16:50]
(The Deputy Speaker—Ms AE Burke)
That this bill be now read a third time.
Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2012
That this bill be now read a third time.
Superannuation Legislation Amendment (Stronger Super) Bill 2012
Superannuation Supervisory Levy Imposition Amendment Bill 2012
Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011
(1) Title, page 1 (line 2), omit "corporations", substitute "consumer protection".
(2) Clause 1, page 1 (line 6), omit " and Corporations ".
(3) Clause 2, page 2 (table item 2), omit the table item, substitute:
(4) Clause 2, page 2 (table item 3), omit the table item, substitute:
(5) Clause 2, page 2 (table item 4), omit the table item, substitute:
(6) Clause 2, page 2 (table item 5), omit the table item, substitute:
(7) Schedule 1, item 1, page 3 (line 12) to page 4 (line 5), omit subsections 72(2) to (4), substitute:
Note: If the debtor gives the credit provider a hardship notice, there may be requirements (beyond those in section 88) that the credit provider must comply with before beginning enforcement proceedings—see section 89A.
Further information
(2) Within 21 days after the day of receiving the debtor's hardship notice, the credit provider may give the debtor notice, orally or in writing, requiring the debtor to give the credit provider specified information within 21 days of the date of the notice stated in the notice. The information specified must be relevant to deciding:
(a) whether the debtor is or will be unable to meet the debtor's obligations under the contract; or
(b) how to change the contract if the debtor is or will be unable to meet those obligations.
(3) The debtor must comply with the requirement.
Note: The credit provider need not agree to change the credit contract, especially if the credit provider:
(a) does not believe there is a reasonable cause (such as illness or unemployment) for the debtor's inability to meet his or her obligations; or
(b) reasonably believes the debtor would not be able to meet his or her obligations under the contract even if it were changed.
Notice of decision on changing credit contract
(4) The credit provider must, before the end of the period identified under subsection (5), give the debtor a notice:
(a) that is in the form (if any) prescribed by the regulations and records the fact that the credit provider and the debtor have agreed to change the credit contract; or
(b) that is in the form (if any) prescribed by the regulations and states:
(i) the credit provider and the debtor have not agreed to change the credit contract; and
(ii) the reasons why they have not agreed; and
(iii) the name and contact details of the approved external dispute resolution scheme of which the credit provider is a member; and
(iv) the debtor's rights under that scheme.
Civil penalty: 2,000 penalty units.
(5) The credit provider must give the notice before the end of the period identified using the table.
Regulations may prescribe shorter periods for credit contracts
(6) The regulations may provide for subsections (2), (3), (4) and (5) to have effect in relation to credit contracts prescribed by the regulations as if a particular reference in subsection (2) or (5) to a number of days were a reference to a lesser number of days prescribed by the regulations.
(8) Schedule 1, item 6, page 5 (lines 17 to 19), omit "paragraph 72(2)(b), in response to the current hardship notice, stating that the credit provider does not agree to negotiate a change to", substitute "paragraph 72(4)(b), in response to the current hardship notice, stating that the credit provider and debtor have not agreed to change".
(9) Schedule 1, item 6, page 5 (lines 20 and 21), omit "lessor gives the notice under paragraph 72(2)(b)", substitute "credit provider gives the notice under paragraph 72(4)(b)".
(10) Schedule 1, item 15, page 12 (line 16), omit "represent", substitute "make an unconditional representation".
(11) Schedule 1, item 16, page 12 (line 21), omit "represent", substitute "make an unconditional representation".
(12) Schedule 1, item 19, page 13 (line 8), omit "represent", substitute "make an unconditional representation".
(13) Schedule 1, item 25, page 14 (line 17) to page 15 (line 3), omit section 160A, substitute:
160A Guide to this Part
(14) Schedule 1, item 25, page 17 (after line 27), at the end of Part 3-6A, add:
Division 4—Giving authorisation for deductions by employer of debtor or lessee
160E Requirements for giving authorisation to employer
(1) This section applies to a credit provider or lessor giving, or intending to give, an employer of a debtor or lessee who is party to a credit contract or consumer lease with the credit provider or lessor an instrument that:
(a) was made by the debtor or lessee; and
(b) authorises the employer to:
(i) make one or more deductions from one or more amounts payable by the employer in relation to the performance of work by the debtor or lessee; and
(ii) pay the deductions to the credit provider or lessor.
Credit provider or lessor must give statement to employer
(2) If the credit contract or consumer lease is of a kind prescribed by the regulations, the credit provider or lessor must give the employer a statement, in the form prescribed by the regulations for that kind of contract or lease, with the instrument.
Civil penalty: 2,000 penalty units.
Credit provider or lessor must give 7 days' notice to defaulting debtor or lessee
(3) If the debtor or lessee is in default under the credit contract or consumer lease, the credit provider or lessor must give the debtor or lessee at least 7 days' notice, in a form prescribed by the regulations, of the intention of the credit provider or lessor to give the instrument to the employer.
Civil penalty: 2,000 penalty units.
(4) To avoid doubt, subsection (3) does not apply if there are not regulations in force prescribing a form for the purposes of that subsection.
Subsections (2) and (3) do not apply to some credit contracts
(5) Subsections (2) and (3) do not apply in relation to a credit contract for the provision of credit relating to the provision of goods or services to the debtor in connection with the debtor's remuneration, or other benefits, for the debtor's employment.
[employer payment authorisation]
(15) Schedule 2, item 2, page 25 (line 25), omit "less than", substitute "or below".
(16) Schedule 2, item 5, page 26 (after line 26), after paragraph (a) of the definition of bridging finance contract in subsection 204(1), insert:
(aa) the term of the contract is 2 years or less; and
(17) Schedule 2, item 10, page 29 (line 8), after "show the consumer in person", insert ", or give the consumer in a way prescribed by the regulations,".
(18) Schedule 2, item 13, page 36 (line 15), after "failing", insert ", when the debtor occupies the reverse mortgaged property,".
(19) Schedule 2, item 13, page 36 (line 23), at the end of paragraph 18A(3)(d), add "within 3 years after the payment became due".
(20) Schedule 2, item 20, page 41 (lines 1 to 4), omit paragraph 86E(a).
(22) Schedule 4, page 53 (before line 5), before item 1, insert:
1A At the end of paragraph 335A(1)(a)
Add:
(iv) sections 23A, 31A, 31B, 39A and 39B of the National Credit Code;
(23) Schedule 4, item 12, page 55 (line 29) to page 56 (line 2), omit paragraph 31A(1)(a), substitute:
(a) a permitted establishment fee;
(24) Schedule 4, item 12, page 56 (lines 11 to 15), omit subsection 31A(2), substitute:
(1A) Despite subsection (1), a small amount credit contract must not impose or provide for a permitted establishment fee if any of the amount of credit to be provided under the contract is to refinance any of the amount of credit provided to the debtor under another small amount credit contract.
Permitted establishment fee
(2) A permitted establishment fee is a fee or charge the amount of which must not exceed 20% of the adjusted credit amount in relation to the small amount credit contract.
(25) Schedule 4, item 12, page 56 (line 19), omit "2% of", substitute "4% of".
(26) Schedule 4, item 12, page 56 (after line 19), after section 31A, insert:
31B Credit provider or prescribed person must not require or accept payment of a fee or charge in relation to a small amount credit contract etc.
(1) A credit provider, or a person prescribed by the regulations, must not require or accept payment by the debtor of a fee or charge in relation to:
(a) a small amount credit contract; or
(b) the provision of the amount of credit under a small amount credit contract; or
(c) a thing that is connected with a small amount credit contract or the provision of the amount of credit under such a contract.
Criminal penalty: 100 penalty units.
(2) Subsection (1) does not apply if the fee or charge is:
(a) a fee or charge that may be imposed or provided for by the small amount credit contract under section 31A; or
(b) a fee or charge prescribed by the regulations.
(3) If a credit provider or person contravenes subsection (1):
(a) the debtor is not liable (and is taken never to have been liable) to make the payment to the credit provider or person; and
(b) the debtor may recover as a debt due to the debtor the amount of any payment made by the debtor to the credit provider or person.
(27) Schedule 4, item 13, page 57 (after line 22), after section 32A, insert:
32AA Prohibition relating to the annual cost rate of credit contracts—later increases of the annual percentage rate etc.
(1) If:
(a) a credit provider is a party to a credit contract (other than a small amount credit contract or bridging finance contract); and
(b) the credit provider is not an ADI; and
(c) either or both of the following things (the varied matters ) occur after the contract is entered into:
(i) the annual percentage rate under the contract increases;
(ii) an amount referred to in subsection 32B(3) that is prescribed by the regulations increases;
the credit provider contravenes this subsection if the annual cost rate of the contract would have exceeded 48% at the time the contract was entered into if that or those varied matters had been taken into account at that time for the purposes of calculating the annual cost rate of the contract.
(2) A credit provider must not contravene subsection (1).
Criminal penalty: 50 penalty units.
(28) Schedule 4, item 13, page 58 (line 8), omit the formula, substitute:
(29) Schedule 4, item 13, page 58 (after line 14), after the definition of C j in subsection 32B(2), insert:
F is:
(a) if the credit contract is a medium amount credit contract—$400 (or such other amount as is prescribed by the regulations); or
(b) if the credit contract is not a medium amount credit contract and an amount is prescribed by the regulations in relation to the contract—that amount; or
(c) otherwise—$0.
(30) Schedule 4, item 13, page 58 (line 15), omit "necessary", substitute "necessarily".
(31) Schedule 4, item 13, page 59 (after line 22), after subsection 32B(4), insert:
(4A) Despite subsection (3), the regulations may provide that a specified amount, or an amount included in a specified class, is not an amount referred to in paragraph (3)(a) or (b).
(32) Schedule 4, item 15, page 61 (after line 5), after paragraph 39A(2)(b), insert:
(ba) if some or all of the amount of credit (the refinanced amount ) is to refinance some or all of the amount of credit provided by the credit provider to the debtor under another small amount credit contract—the refinanced amount; or
(33) Schedule 4, item 15, page 61 (after line 26), after section 39B, insert:
39C Credit provider must do prescribed things if a default in payment by direct debit occurs
(1) If:
(a) the amount of repayments under a small amount credit contract are to be paid by way of direct debit; and
(b) the direct debit has been authorised by the debtor; and
(c) a default in the payment of an amount of a repayment occurs;
the credit provider must do the things prescribed by the regulations.
Criminal penalty: 50 penalty units.
(2) In this section, direct debit has the same meaning as in section 87.
(34) Schedule 4, items 16 and 17, page 61 (lines 27 to 33), omit the items, substitute:
16 At the end of subsection 111(1) of the National Credit Code
Add:
; (j) subsection 32A(1);
(k) subsection 32AA(2).
17 After paragraph 111(2)(f) of the National Credit Code
Insert:
(fa) subsection 32A(1);
(fb) subsection 32AA(2);
(35) Schedule 4, item 20, page 62 (lines 18 to 25), omit the definition of adjusted credit amount in subsection 204(1), substitute:
adjusted credit amount , in relation to a small amount credit contract, means the first amount of credit that is, or is to be, provided under the contract.
Note: Some amounts are to be disregarded in working out the first amount of credit (see subsection (3)).
(36) Schedule 4, page 62 (after line 32), after item 22, insert:
22A Subsection 204(1) of the National Credit Code
Insert:
medium amount credit contract : a credit contract is amedium amount credit contract if:
(a) the contract is not a continuing credit contract; and
(b) the credit provider under the contract is not an ADI; and
(c) the credit limit of the contract is:
(i) at least $2,001 (or such other amount as is prescribed by the regulations); but
(ii) not more than $5,000 (or such other amount as is prescribed by the regulations); and
(d) the term of the contract is at least 16 days but not longer than 2 years (or such other number of years as is prescribed by the regulations); and
(e) the contract meets any other requirements prescribed by the regulations.
(37) Schedule 4, page 63 (after line 13), at the end of the Schedule, add:
27 At the end of section 204 of the National Credit Code
Add:
(3) In working out the first amount of credit that is, or is to be, provided under a small amount credit contract for the purposes of the definition of adjusted credit amount in subsection (1), the following amounts are to be disregarded:
(a) if some or all of the amount of a fee or charge (the fee amount ) payable in relation to the contract forms, or is to form, part of the first amount of credit that is, or is to be, provided under the contract—the fee amount;
(b) if subsection 39A(1) is contravened in relation to the contract—the prohibited credit amount;
(c) any other amount prescribed by the regulations.
(38) Schedule 4, item 24, page 63 (line 6), omit "paragraph 31A(1)(b)", substitute "subsection 31A(2)".
(39) Schedule 5, item 18, page 73 (lines 9 to 31), omit subsections 177B(2) to (4), substitute:
Note: If the lessee has given the lessor a hardship notice, there may be extra requirements (beyond those in section 179D) that the lessor must comply with before beginning enforcement proceedings—see section 179F.
Further information
(2) Within 21 days after the day of receiving the lessee's hardship notice, the lessor may give the lessee notice, orally or in writing, requiring the lessee to give the lessor specified information within 21 days of the date of the notice stated in the notice. The information specified must be relevant to deciding:
(a) whether the lessee is or will be unable to meet the lessee's obligations under the lease; or
(b) how to change the lease if the lessee is or will be unable to meet those obligations.
(3) The lessee must comply with the requirement.
Note: The lessor need not agree to change the consumer lease, especially if the lessor:
(a) does not believe there is a reasonable cause (such as illness or unemployment) for the lessee's inability to meet his or her obligations; or
(b) reasonably believes the lessee would not be able to meet his or her obligations under the lease even if it were changed.
Notice of decision on changing consumer lease
(4) The lessor must, before the end of the period identified under subsection (5), give the lessee a notice:
(a) that is in the form (if any) prescribed by the regulations and records the fact that the lessor and the lessee have agreed to change the consumer lease; or
(b) that is in the form (if any) prescribed by the regulations and states:
(i) the lessor and the lessee have not agreed to change the consumer lease; and
(ii) the reasons why they have not agreed; and
(iii) the name and contact details of the approved external dispute resolution scheme of which the lessor is a member; and
(iv) the lessee's rights under that scheme.
Civil penalty: 2,000 penalty units.
(5) The lessor must give the notice before the end of the period identified using the table.
Regulations may prescribe shorter periods for consumer leases
(6) The regulations may provide for subsections (2), (3), (4) and (5) to have effect in relation to consumer leases prescribed by the regulations as if a particular reference in subsection (2) or (5) to a number of days were a reference to a lesser number of days prescribed by the regulations.
(40) Schedule 5, item 24, page 84 (lines 18 to 20), omit "paragraph 177B(2)(b), in response to the current hardship notice; stating that the lessor does not agree to negotiate a change to", substitute "paragraph 177B(4)(b), in response to the current hardship notice, stating that the lessor and the lessee have not agreed to change".
(41) Schedule 5, item 24, page 84 (line 23), omit "paragraph 177B(2)(b)", substitute "paragraph 177B(4)(b)".
(42) Schedule 6, item 4, page 97 (line 18), omit "and Corporations".
(43) Schedule 6, item 4, page 97 (line 24), omit " and Corporations ".
(44) Schedule 6, item 4, page 99 (line 4), omit "inserted by", substitute "added by item11 of".
(45) Schedule 6, item 4, page 99 (line 6), omit "that Schedule", substitute "that item".
(46) Schedule 6, item 4, page 99 (line 8), after "inserted by", insert "item12 of".
(47) Schedule 6, item 4, page 99 (line 10), omit "that Schedule", substitute "that item".
(48) Schedule 6, item 4, page 99 (line 12), after "inserted by", insert "item13 of".
(49) Schedule 6, item 4, page 99 (line 14), omit "that Schedule", substitute "that item".
(50) Schedule 6, item 4, page 99 (line 16), after "added by", insert "item15 of".
(51) Schedule 6, item 4, page 99 (line 18), omit "that Schedule", substitute "that item".
(52) Schedule 6, item 4, page 99 (line 20), after "made by", insert "items16 and 17 of".
(53) Schedule 6, item 4, page 99 (line 22), omit "the Schedule", substitute "those items".
(54) Schedule 6, item 4, page 99 (line 24), after "inserted by", insert "item18 of".
(55) Schedule 6, item 4, page 99 (line 26), omit "that Schedule", substitute "that item".
(56) Schedule 6, item 4, page 99 (line 30), after "inserted by", insert "item20 of".
(57) Schedule 6, item 4, page 99 (line 32), omit "that Schedule", substitute "that item".
(58) Schedule 6, item 4, page 100 (line 3), after "made by", insert "item21 of".
(59) Schedule 6, item 4, page 100 (lines 4 and 5), omit "that Schedule", substitute "that item".
(60) Schedule 6, item 4, page 100 (line 7), after "inserted by", insert "item22 of".
(61) Schedule 6, item 4, page 100 (line 9), omit "that Schedule", substitute "that item".
(62) Schedule 6, item 4, page 100 (line 11), after "added by", insert "item23 of".
(63) Schedule 6, item 4, page 100 (line 13), omit "that Schedule", substitute "that item".
(64) Schedule 6, item 4, page 100 (line 15), after "inserted by", insert "item26 of".
(65) Schedule 6, item 4, page 100 (line 17), omit "that Schedule", substitute "that item".
(66) Schedule 6, item 4, page 100 (lines 18 to 24), omit Part 4, substitute:
Part 4—Schedule 3 (short-term and small amount credit contracts) to the amending Act
20 Paragraphs 124A(1)(b) and 133CA(1)(b) of the National Credit Act
Paragraphs 124A(1)(b) and 133CA(1)(b) of the National Credit Act, as inserted by Schedule 3 to the amending Act, apply in relation to short-term credit contracts entered into before, on or after the commencement of that Schedule.
(67) Schedule 6, item 4, page 100 (line 27), omit "31A, 39A and 39B", substitute "31A, 31B, 39A, 39B and 39C".
(68) Schedule 6, item 4, page 101 (line 1), omit "31A, 39A and 39B", substitute "31A, 31B, 39A, 39B and 39C".
(69) Schedule 6, item 4, page 101 (after line 4), at the end of Part 5, add:
21A Section 32AA and paragraphs 111(1)(k) and (2)(fb) of the new Credit Code
Section 32AA and paragraphs 111(1)(k) and (2)(fb) of the new Credit Code, as inserted by Schedule 4 to the amending Act, apply in relation to credit contracts entered into on or after the commencement of that Schedule.
(70) Schedule 7, page 102 (lines 1 to 20), omit the Schedule, substitute:
Schedule 7—Lay-by agreements etc.
Competition and Consumer Act 2010
1 Subsection 96(1) of Schedule 2
Omit "consumer goods", substitute "goods".
2 Subsection 96(2) of Schedule 2
Omit "consumer goods", substitute "goods".
3 Subsection 96(3) of Schedule 2
Omit "consumer goods" (wherever occurring), substitute "goods".
4 Subsection 96(4) of Schedule 2
Omit "consumer goods", substitute "goods".
5 Subsection 97(1) of Schedule 2
Omit "consumer goods", substitute "goods".
6 Subsection 97(2) of Schedule 2
Omit "consumer goods", substitute "goods".
7 Subsection 97(3) of Schedule 2
Omit "consumer goods", substitute "goods".
8 Section 98 of Schedule 2
Omit "consumer goods" (wherever occurring), substitute "goods".
9 Subsection 103(1) of Schedule 2
Omit "consumer goods", substitute "goods supplied to a consumer".
10 Subsection 188(1) of Schedule 2
Omit "consumer goods", substitute "goods".
11 Subsection 189(1) of Schedule 2
Omit "consumer goods", substitute "goods".
12 Subsection 189(3) of Schedule 2
Omit "consumer goods", substitute "goods".
13 Subsection 190(1) of Schedule 2
Omit "consumer goods", substitute "goods".
14 Paragraph 190(2)(c) of Schedule 2
Omit "consumer goods", substitute "goods".
15 Subsection 191(1) of Schedule 2
Omit "consumer goods", substitute "goods".
16 At the end of Schedule 2
Add:
Chapter 6—Application and transitional provisions
Part 1—Application and transitional provisions relating to the Consumer Credit Legislation Amendment (Enhancements) Act 2012
288 Application of amendments relating to lay-by agreements
The amendments made by items 1 to 8 and 10 to 15 of Schedule 7 to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 apply to lay-by agreements entered into on or after the commencement of those items.
289 Application of amendment relating to repairs
The amendment made by item 9 of Schedule 7 to the Consumer Credit Legislation Amendment (Enhancements) Act 2012 applies to notices to be given in relation to the repair of goods accepted on or after the commencement of that item.
290 Saving of regulations relating to repairs
Despite the amendment made to subsection 103(1) of Schedule 2 to the Competition and Consumer Act 2010 by item 9 of Schedule 7 to theConsumer Credit Legislation Amendment (Enhancements) Act 2012 , regulations that:
(a) were made for the purposes of that subsection; and
(b) were in force immediately before the commencement of that item;
continue in force (and may be dealt with) as if they were made for the purposes of that subsection as amended by that item.
(1) Schedule 3, page 46 (line 1) to page 52 (line 7), omit the Schedule, substitute:
Schedule 3—Short-term and small amount credit contracts
National Consumer Credit Protection Act 2009
1 Subsection 5(1)
Insert:
short - term credit contract : a credit contract is ashort - term credit contract if:
(a) the contract is not a continuing credit contract; and
(b) the credit provider under the contract is not an ADI; and
(c) the credit limit of the contract is $2,000 (or such other amount as is prescribed by the regulations) or less; and
(d) the term of the contract is 15 days or less; and
(e) the contract meets any other requirements prescribed by the regulations.
2 Subsection 5(1)
Insert:
small amount credit contract : a credit contract is asmall amount credit contract if:
(a) the contract is not a continuing credit contract; and
(b) the credit provider under the contract is not an ADI; and
(c) the credit limit of the contract is $2,000 (or such other amount as is prescribed by the regulations) or less; and
(d) the term of the contract is at least 16 days but not longer than 1 year (or such other number of years as is prescribed by the regulations); and
(e) the debtor's obligations under the contract are not, and will not be, secured; and
(f) the contract meets any other requirements prescribed by the regulations.
3 At the end of section 111
Add:
4 After subsection 117(1)
Insert:
(1A) If:
(a) the credit contract is a small amount credit contract; and
(b) the consumer holds (whether alone or jointly with another person) an account with an ADI into which income payable to the consumer is credited;
the licensee must, in verifying the consumer's financial situation for the purposes of paragraph 115(1)(d), obtain and consider account statements that cover at least the immediately preceding period of 90 days.
(1B) Subsection (1A) does not limit paragraph (1)(c) of this section.
5 After subsection 118(3)
Insert:
(3A) If the contract is a small amount credit contract (the relevant contract ) and either of the following apply:
(a) at the time of the preliminary assessment:
(i) the consumer is a debtor under another small amount credit contract; and
(ii) the consumer is in default in payment of an amount under that other contract;
(b) in the 90-day period before the time of the preliminary assessment, the consumer has been a debtor under 2 or more other small amount credit contracts;
then, for the purposes of paragraph (2)(a), it is presumed that the consumer could only comply with the consumer's financial obligations under the relevant contract with substantial hardship, unless the contrary is proved.
6 After subsection 123(3)
Insert:
(3A) If the contract is a small amount credit contract (the relevant contract ) and either of the following apply:
(a) at the time the licensee provides the credit assistance:
(i) the consumer is a debtor under another small amount credit contract; and
(ii) the consumer is in default in payment of an amount under that other contract;
(b) in the 90-day period before the time the licensee provides the credit assistance, the consumer has been a debtor under 2 or more other small amount credit contracts;
then, for the purposes of paragraph (2)(a), it is presumed that the consumer could only comply with the consumer's financial obligations under the relevant contract with substantial hardship, unless the contrary is proved.
7 At the end of Part 3-1
Add:
Division 7—Special rules for short-term and small amount credit contracts
124A Prohibition on providing credit assistance in relation to short-term credit contracts
Prohibition
(1) A licensee must not provide credit assistance to a consumer by:
(a) suggesting that the consumer apply, or assisting the consumer to apply, for a short-term credit contract; or
(b) suggesting that the consumer apply, or assisting the consumer to apply, for an increase to the credit limit of a particular short-term credit contract with a particular credit provider.
Civil penalty: 2,000 penalty units.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
124B Licensee who makes representations about credit assistance in relation to small amount credit contracts must display information etc.
Requirement
(1) If a licensee represents that the licensee provides, or is able to provide, credit assistance to consumers in relation to small amount credit contracts:
(a) the licensee must display information in accordance with the regulations at a place prescribed by the regulations; and
(b) the licensee must ensure that any website of the licensee complies with the requirements prescribed by the regulations.
Civil penalty: 2,000 penalty units.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
8 After subsection 130(1)
Insert:
(1A) If:
(a) the credit contract is a small amount credit contract; and
(b) the consumer holds (whether alone or jointly with another person) an account with an ADI into which income payable to the consumer is credited;
the licensee must, in verifying the consumer's financial situation for the purposes of paragraph 128(d), obtain and consider account statements that cover at least the immediately preceding period of 90 days.
(1B) Subsection (1A) does not limit paragraph (1)(c) of this section.
9 At the end of subsection 131(1) (before the note)
Add:
Civil penalty: 2,000 penalty units.
10 Subsection 131(2) (penalty)
Repeal the penalty.
11 After subsection 131(3)
Insert:
(3A) If the contract is a small amount credit contract (the relevant contract ) and either of the following apply:
(a) at the time of the assessment:
(i) the consumer is a debtor under another small amount credit contract; and
(ii) the consumer is in default in payment of an amount under that other contract;
(b) in the 90-day period before the time of the assessment, the consumer has been a debtor under 2 or more other small amount credit contracts;
then, for the purposes of paragraph (2)(a), it is presumed that the consumer could only comply with the consumer's financial obligations under the relevant contract with substantial hardship, unless the contrary is proved.
12 After subsection 133(3)
Insert:
(3A) If the contract is a small amount credit contract (the relevant contract ) and either of the following apply:
(a) at the time it is entered or the credit limit is increased:
(i) the consumer is a debtor under another small amount credit contract; and
(ii) the consumer is in default in payment of an amount under that other contract;
(b) in the 90-day period before the time it is entered or the credit limit is increased, the consumer has been a debtor under 2 or more other small amount credit contracts;
then, for the purposes of paragraph (2)(a), it is presumed that the consumer could only comply with the consumer's financial obligations under the relevant contract with substantial hardship, unless the contrary is proved.
13 After Part 3-2B
Insert:
Part 3-2C—Licensees that are credit providers under credit contracts: additional rules relating to short-term and small amount credit contracts
Division 1—Introduction
133C Guide to this Part
Division 2—Short-term and small amount credit contracts
133CA Prohibition on entering, or increasing the credit limit of, short-term credit contracts
Prohibition
(1) A licensee must not:
(a) enter a short-term credit contract with a consumer who will be the debtor under the contract; or
(b) increase the credit limit of a short-term credit contract with a consumer who is the debtor under the contract.
Civil penalty: 2,000 penalty units.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
133CB Licensee who makes representations about small amount credit contracts must display information etc.
Requirement
(1) If a licensee represents that the licensee enters into, or is able to enter into, small amount credit contracts with consumers under which the licensee would be the credit provider:
(a) the licensee must display information in accordance with the regulations at a place prescribed by the regulations; and
(b) the licensee must ensure that any website of the licensee complies with the requirements prescribed by the regulations.
Civil penalty: 2,000 penalty units.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
133CC Licensee must not enter into a small amount credit contract if the repayments do not meet the prescribed requirements
Requirement
(1) A licensee must not enter into, or offer to enter into, a small amount credit contract with a consumer who will be the debtor under the contract if:
(a) the consumer is included in a class of consumers prescribed by the regulations; and
(b) the repayments that would be required under the contract would not meet the requirements prescribed by the regulations.
Civil penalty: 2,000 penalty units.
Note: For example, the regulations may provide that the amount of a repayment must not exceed a specified percentage of the consumer's income.
Offence
(2) A person commits an offence if:
(a) the person is subject to a requirement under subsection (1); and
(b) the person engages in conduct; and
(c) the conduct contravenes the requirement.
Criminal penalty: 50 penalty units.
14 Paragraph 180(1)(b)
Repeal the paragraph, substitute:
(b) the engaging in the activity contravenes any of the following:
(i) section 29 (which requires the holding of a licence);
(ii) section 124A (which prohibits the provision of credit assistance in relation to short-term credit contracts);
(iii) section 133CA (which prohibits credit providers from entering into short-term credit contracts etc.);
15 After section 335
Insert:
335A Review relating to small amount credit contracts
(1) The Minister must cause an independent review of the following matters to be undertaken as soon as practicable after 1 July 2015:
(a) the operation of the following provisions:
(i) subsections 117(1A), 118(3A), 123(3A), 130(1A), 131(3A) and 133(3A) of this Act;
(ii) Division 7 of Part 3-1 of this Act;
(iii) Part 3-2C of this Act;
(b) whether a national database of small amount credit contracts should be established;
(c) whether any additional provisions relating to small amount credit contracts should be included in this Act and/or the National Credit Code.
(2) The review must be undertaken by 3 persons who, in the Minister's opinion, possess appropriate qualifications to undertake the review.
(3) The persons who undertake the review must give the Minister a written report of the review.
(4) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the day on which the report is given to the Minister.
(5) The report is not a legislative instrument.
That this bill be now read a third time.
That business intervening before order of the day No. 7, government business, be postponed until a later hour this day.
National Broadcasting Legislation Amendment Bill 2010
That the amendments be agreed to.
Income Tax (Managed Investment Trust Withholding Tax) Amendment Bill 2012
Deferred Division
The House divided. [17:32]
(The Deputy Speaker—Ms AE Burke)
That this bill be now read a third time.
Financial Framework Legislation Amendment Bill (No. 3) 2012
That this bill be now read a second time.
Objective: To advance Australia’s foreign, trade, economic, and security interests through membership and participation in international organisations and their various peacekeeping activities.
Thank you for your support of YouthCARE. You will have received a letter from me yesterday indicating the schools identified in your electorate that have nominated YouthCARE as the service provider for the delivery of Chaplaincy services. In Western Australia, 98% of public schools that have been awarded funding under the National School Chaplaincy and Student Welfare Program (NSCSWP) have nominated YouthCARE as their service provider.
As the Government introduces legislation today to ensure the ongoing funding of the NSCSWP we would encourage you to take this as an opportunity to raise concerns we have about the program that are very particular to our state which should also be of concern to you.
You are no doubt aware that the new program imposed a minimum qualification for those employed as school chaplains under the program. While we are generally supportive of the intention of this provision we believe the minimum qualifications imposed by the Commonwealth will create a distinct disadvantage for Western Australian public schools in both the metropolitan and regional areas.
You will be well aware of the difficulties employers are having in securing staff in Western Australia. When this is combined with a very short time frame and limited access to training providers In some places, we are having very real difficulty in recruiting suitable chaplains who also have the minimum qualifications prior to their employment
A further complication exists for us in relation to a number of schools that were not part of the NSCP but have been awarded funding under the NSCSWP. In these schools, YouthCARE has been providing chaplaincy services for a number of years but officers of DEEWR refuse to allow these chaplains to be regarded as existing chaplains under the program, preventing them from taking steps to meet the qualifications requirements post employment This will deny those schools the services of a chaplain they have known and valued for some time because they do not have the minimum qualifications required by the program.
In the face of the department's inflexibility in applying the program guidelines in respect of pre-employment qualifications for chaplains we would like to offer a solution. YouthCARE has a long standing arrangement with the WA Department of Education that takes these matters into account. We have developed the most stringent selection process of all the states in identifying suitable school chaplains and a comprehensive program of post employment training specifically tailored to the demands of the job in WA public schools. The WA Department of Education shares the Commonwealth's concern that chaplains be appropriately qualified, but is satisfied that the steps we have taken meet all these requirements.
We therefore seek your support in pressing home the view that where a state Department of Education has an existing arrangement with a service provider regarding the recruitment, training and development and supervision and management of the chaplains this should take precedence over the Commonwealth's program guidelines. These matters are fundamentally about risk-management and we believe that the requirements of the State more than adequately protect the risk concerns of the HSCSWP program guidelines.
With a 40-year working relationship with the Department of Education in WA we are confident that many of your constituents have very positive experiences of our work in public schools. With your support this much loved and highly valued organisation will be able to continue providing the highest possible quality school chaplaincy services.
Yours sincerely,
Stanley Seyaraj Chief Executive Officer
(1) A Minister may, by writing, delegate any or all of his or her powers under this Division to an official in any Agency.
The character of the Commonwealth government as a national government does not entitle it, as a general proposition, to enter into any such field of activity by executive action alone.
The executive power of the Commonwealth is vested in the Queen and is exercisable by the Governor-General as the Queen's representative, and extends to the execution and maintenance of this Constitution, and of the laws of the Commonwealth.
The overwhelming majority of government schools didn't go near the program.
… … …
Given the multicultural mix in many government schools, to go down the path of the chaplaincy program would have been incredibly divisive.
… imposed a minimum qualification for those employed as school chaplains under the program. While we are generally supportive of the intention of this provision we believe that the minimum qualifications imposed by the Commonwealth will create a distinct disadvantage for Western Australian public schools ….
When this is combined with a very short time frame and limited access to training providers in some places, we are having very real difficulty in recruiting suitable chaplains who also have the minimum qualifications prior to their employment.
A further complication exists for us in relation to a number of schools that were not part of the NSCP—
but have been awarded funding under the NSCSWP. In these schools, YouthCARE has been providing chaplaincy services for a number of years but officers of DEEWR refuse to allow these chaplains to be regarded as existing chaplains under the program, preventing them from taking steps to meet the qualifications requirements post employment.
This will deny those schools the services of a chaplain they have known and valued for some time because they do not have the minimum qualifications required by the Program.
In the face of the Department's inflexibility in applying the Program Guidelines in respect of pre-employment qualifications for chaplains we would like to offer a solution. YouthCARE has a long-standing arrangement with the WA Department of Education that takes these matters into account. We have developed the most stringent selection process of all the states in identifying suitable school chaplains and a comprehensive program of post employment training specifically tailored to the demands of the job in WA public schools. The WA Department of Education shares the Commonwealth's concerns that chaplains be appropriately qualified, but is satisfied that the steps we have taken meet all these requirements.
… in pressing home the view that where a state Department of Education has an existing arrangement with a service provider regarding the recruitment, training & development and supervision and management of the chaplains this should take precedence over the Commonwealth's Program Guidelines. These matters are fundamentally about risk- mismanagement and we believe—
that the requirements of the State more than adequately protect the risk-concerns of the NSCWSP Program Guidelines.
(1) Schedule 1, item 2, page 5 (after line 15), at the end of Division 3B, add:
32F Sunset provision
This Division ceases to have effect on 1 January 2013.
The House divided. [20:38]
(The Deputy Speaker—Ms AE Burke)
That this bill be now read a third time.
Legislative Instruments Amendment (Sunsetting Measures) Bill 2012
That this bill be now read a third time.
Superannuation Legislation Amendment (MySuper Core Provisions) Bill 2011
… the introduction of the first tranche of MySuper legislation was an important milestone in protecting the super savings of millions of Australian workers who are losing savings as a result of excessive fees and poor net returns.
ASFA sees merit in the intended objective of delivering a simple, cost-effective product with a diversified portfolio of investments that delivers good performance designed to cater for the large number of Australians who prefer to delegate the task of investing their superannuation to fund trustees.
ACCI supports the MySuper goals of reducing account costs, making costs more transparent, improving the basis for inter-fund comparison, and providing improved member protection. ACCI recognises that many employees are not well positioned to be actively engaged in making investment decisions, and an appropriate superannuation system must recognise this.
I am an early retiree. After working all my life in a stressful occupation I retired at 56. I am totally dependent on my superannuation of approximately $36,000 for my wife and myself. I'm not old enough yet to get the Commonwealth seniors card—
consequently I am in a tax-free position. I have not structured my stories to enable me to get the dole or any other such benefit. I received not one cent of stimulus money a few years ago and now we are to miss out on any carbon tax compensation. It seems unfair that we have to be in the two per cent of families earning up to $150,000 that won't get any assistance. (Swan claims 98 per cent will get it.) Is there some method that I'm not aware of that will enable us to get the compensation? I have paid my share of taxes for over 40 years that I was working full-time.
All the financial benefit we gained from our restructure is going to be taken away from us by the impact of the carbon tax. It's going to cost us millions of dollars. When the tax kicks in in July everyone knows the cost of living will go up and the cost of deliveries will go up. Business has never seen it worse than it is now. We are competing with businesses in Asia that don't have a carbon tax. The way the government is behaving is like a soap opera. It makes us think: why bother when they, the government, just want to clobber us over the head.
Because there was no consultation or information on the carbon tax, no-one knew how or if it would affect the price of refrigerants so I continued to quote jobs the way I always have. One quote that I won was for a fishing boat, where the gas component was $12,210. After the carbon tax, that gas price will now come in at $42,315. I have signed a contract for the total job for $75,560 but with the additional $33,000 for gas, the actual cost will be $106,000. This will destroy our business if I am held to this contract.
It is why men of peace in saffron robes face beatings and bullets and why every day in some of the world's largest cities or dusty rural towns, in small acts of courage the world may never see, a student posts a blog, a citizen signs a charter, an activist remains unbowed, imprisoned in his home—just to have the same rights that we cherish here today—
This so called carbon tax will most probably cripple my business. I do not understand how a government can spend copious amounts of money when us everyday people struggle to make ends meet, now this will be even harder. This may be the time to go back to working for wages. For every dollar I earn I only receive about 6 cents and I am not even eligible to receive any government grants.
We are a small business. We risk our family's way of life to try and get ahead and it doesn't matter what we try to do to keep the costs down, we just can't keep up, especially with the rising cost of items such as electricity and gas.
They—
said there would be no price increase under the carbon tax, yet I'm already receiving letters from my suppliers. We have received no correspondence from the Gillard government in regard to the impact of the carbon tax on my business. I don't think they even care.
Gymnastics is widely acknowledged, along with swimming and athletics, as a key sport for young Australians.
The DEPUTY SPEAKER (Hon. BC Scott) took the chair at 16:00.
I thought that Broken Hill would be connected to the NBN before I was connected in Sydney … If I was in Broken Hill I'd be getting a group together and knocking on Steven Conroy—
door.
The committee recommends that the NBN Co as soon as possible, provide further key information on its website in a user-friendly format … This information should include:
The committee recommends that the NBN Co revise its terminology and language to clarify community understanding of what the three National Broadband Network services can and cannot support, to enable the community to prepare for the network's services appropriately and become fully informed.
The committee recommends that the NBN Co include in its web-based interactive rollout map specific information on the provision of voice services for communities in fixed wireless and satellite access areas.
In light of the Independent Review of the Fair Work Act 2009 currently underway, the Committee recommends the Bill be reconsidered after the Independent Review of the Act has been completed and the Government’s response has been released.
(1) An employee who is a parent, or has responsibility for the care, of a child may request the employer for a change in working arrangements to assist the employee to care for the child if the child:
(a) is under school age; or
(b) is under 18 and has a disability.
(2) The employee is not entitled to make the request unless:
(a) for an employee other than a casual employee the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee the employee:
(i) is a long term casual employee of the employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
Statute Stocktake (Appropriations) Bill (No. 1) 2012
… would also further the Government’s deregulation agenda. The Government has stepped up its deregulation reform program … It is important that continued progress is made by Government.
What is the status of the proposed code of conduct for Members of Parliament (Agreement for a Better Parliament: Parliamentary Reform, paragraph 19, page 9) following the release of the House of Representatives Standing Committee of Privileges and Members' Interests document Draft Code of Conduct for Members of Parliament, Discussion Paper (23 November 2011).
The question of a draft code of conduct for Members of Parliament was referred by the Government to the House Standing Committee on Privileges and Members’ Interests and the Senate Standing Committee of Senators’ Interests on 23 November 2010 and 2 March 2011 respectively.
The House Committee reported on 23 November 2011. While the report did not contain any recommendations, it did include a draft code of conduct for Members. The Senate Committee is not due to report before 27 November 2012.
The Government notes that the Member for Lyne has moved a motion proposing that the House endorse a code of conduct for Members of the House of Representatives and will consider the adoption of a code in that context.
In (a) 2008-09, (b) 2009-10, (c) 2010-11, and (d) 2011-12, how many redundancies have been issued to Australian Quarantine and Inspection Service staff based at (i) Sydney Airport, and (ii) the Sydney International Mail Gateway Facility.
The number of redundancies issued to Department of Agriculture, Fisheries and Forestry employees in the specified locations is as follows:
(a) (i) 0 employees
(ii) 0 employees
(b) (i) 0 employees
(ii) 0 employees
(c) (i) 0 employees
(ii) 0 employees
(d) (i) 1 employee
(ii) 0 employees.
Has it ever been the policy of the Government or the Australian Quarantine and Inspection Service to scan and/or inspect every item of baggage that is brought through Sydney Airport by international air passengers?
In (a) 2008-09, (b) 2009-10, (c) 2010-11, and (d) 2011-12, how much or what proportion of baggage brought through Sydney Airport by international air passengers was scanned and/or inspected?
No.
We do not collect statistical data on the volume of baggage that is screened/inspected. Instead all information provided is based on passengers screened/inspected.
Note: Financial Year 11-12 data is for the period July 2011-March 2012 as this is the only data that has been audited for quality assurance purposes.
In (a) 2008-09, (b) 2009-10, (c) 2010-11, and (d) 2011-12, how many Australian Quarantine and Inspection Service staff were employed at the Sydney International Mail Gateway Facility.
The number of staff employed by the Department of Agriculture, Fisheries and Forestry at the Sydney International Mail Gateway Facility was as follows:
(a) 128 employees
(b) 143 employees
(c) 123 employees
(d) 146 employees (as at 1 June 2012).
Is the Minister aware of the case regarding Ranjini Perinparasa, a refugee from Sri Lanka who has been detained indefinitely due to an adverse security risk assessment by ASIO, and if so, can he provide advice on the status of the case and clarify whether Ministerial discretion applies in this instance.
I am aware of the case regarding Ms Ranjiny (Ranjini) Perinparasa. Ms Perinparasa and her two children are currently being accommodated at Sydney Immigration Residential Housing (IRH). This facility is an alternative place of immigration detention.
On 24 April 2012, the Australian Security Intelligence Organisation (ASIO) advised the Department that the Director-General of Security issued an adverse security assessment to Ranginy Perinparasa who ASIO assesses to be directly (or indirectly) a risk to security within the meaning of section 4 of the Australian Security Intelligence Organisation Act 1979. This means that she does not fulfil the criteria for grant of a visa to settle in Australia permanently.
The Minister for Immigration and Citizenship does have discretion to grant a visa in the public interest to any person in immigration detention. However, it is current Government policy that persons with an adverse security assessment not be released into the community.