The SPEAKER ( Hon. Tony Smith ) took the chair at 10:00, made an acknowledgement of country and read prayers.
Foreign Acquisitions and Takeovers Amendment (Strategic Assets) Bill 2015
That this bill be now read a second time.
That this House recognises:
(1) the importance of the events that took place on 3 December 1854 on Eureka Hill at Ballarat;
(2) the significance of these events in Australia's history;
(3) the impact of Eureka on our discussions surrounding free market, individual enterprise and representative democracy; and
(4) that Australians have interpreted the events in numerous ways that impact and inspire our economic and social frameworks.
The first duty of a Speaker … is to be a tyrant. Remove him if you like, but while he is in the chair obey him.
It was a revolution - small in size; but great politically; it was a strike for liberty, a struggle for a principle, a stand against injustice and oppression. It was the Barons and John, over again; it was Hampden and Ship-Money; it was Concord and Lexington; small beginnings, all of them, but all of them great in political results, all of them epoch-making. It is another instance of a victory won by a lost battle.
Arms were used by working men in the most important historical struggle that this country has known—the struggle at Eureka Stockade—and arms will probably be used by the workers in this country again.
Insofar as the Eureka revolt indicated any general movement at all, it [was] a fierce desire to achieve true Parliamentary government, and … true popular control of public finances.
That this House:
(1) notes the threat of violent extremism to Australian society;
(2) further notes the:
(a) acts of terrorism committed by violent extremists within Australia against Australians;
(b) specific terrorism incidents:
(i) the attack on police officers at Endeavour Hills Police Station in 2014;
(ii) the siege at Sydney' Martin Place which resulted in the death of two Australians; and
(iii) most recently the murder of Mr Curtis Cheng at Parramatta Police Station; and
(c) significant number of ISIL recruits coming from Australia;
(3) commends the Australian police forces for their efforts in countering terrorism;
(4) notes the numerous acts of terror which have been prevented because of police efforts, in particular the:
(a) attempt by the 'Sydney Five' to commit acts of terrorism in the city of Sydney in 2005;
(b) Benbrika Group's planned bombing of various sporting events in 2005 and 2006 as well as a plot to assassinate former Prime Minister the Hon. John Howard; and
(c) 2009 plot to storm the Holsworthy Barracks in Sydney;
(5) praises the Prime Minister for his statement in response to the recent terrorism incident in Parramatta, that it is not compulsory to live in Australia and if one finds Australian values unpalatable then 'there's a big wide world out there and people have got freedom of movement'; and
(6) calls for continued action in countering violent extremism and in particular, radical Islam within Australia in order to prevent further acts of terrorism within our borders.
It is not compulsory to live in Australia. If you find Australian values unpalatable, then there's a big wide world out there and people have got freedom of movement.
… it's important for all members of parliament to be leaders and to bring our community together. I think we by our own actions and words need to set an example of unity for Australia. Of course there is today a genuine security threat in Australia and the best way that we can reduce that security threat is to support our intelligence and security agencies but support community building too.
Explanations are not justifications. But sometimes they come dangerously close …
In this search for the political motivation behind terrorism, some have crossed the line between explaining and excusing—
… "curtailing freedoms", "duplicitous foreign policies" and "military interventions" are the causes of terrorism …
The danger that flows from legitimating terrorism by acknowledging the justice of the grievances that "provoke" such actions, is that violent actions are then rewarded when those grievances are addressed. The message is clear, terrorism achieves results. Those who tell us that only by understanding terrorism's political causes and alleviating them will we see a more peaceful world could not be more wrong; such "understanding" only encourages more to seek the benefits of violence.
… … …
… portraying terrorism as the inevitable consequence of external factors is not just dangerous and incorrect. It is morally wrong. It denies that the terrorist has his or her own human ability to make choices … Every child knows that killing innocent people is wrong—
All the things that make an enemy – however evil and malign – predictable, analysable, and intelligible are missing here. The actions make no sense in any terms that are within common understanding.
Our democracy depends on many things. But none is more important than the daily heroism and commitment of the police forces of our nation.
We will not give in either to fear or to hate …
… continued action in countering violent extremism and in particular, radical Islam within Australia in order to prevent further acts of terrorism within our borders.
Modern Islam needs to cohere with the Australian way of life, our values and institutions. In so far as it doesn’t, it needs reform.
It's got everything to do with Islam. The terrorists say as they are doing it that it is in the name of Allah.
Any sort of groups like that—
whatever their intentions are, can create tension and intolerance, and that intolerance can lead to racism, and it can further marginalise young people … it's inappropriate … People really need to think about what cause they're going in for.
Both my organisation, Duncan's organisation (ASIO) and state and territory police around the country work very hard to make sure there isn't misrepresentations of those actions by police. Words matter, as does narrative and we work very hard … to make sure the community understand that we are trying to work with them and that we need their cooperation.
It is not compulsory to live in Australia, if you find Australian values are … unpalatable, then there's a big … world out there and people have got freedom of movement.
It is important for us that we promote and encourage Islam ... Islamic traditions which are moderate, which support freedom, which support democracy and which support Australian values not in the sense of Aussie values but in the sense of democracy, rule of law, tolerance, freedom. That's what we're talking about and they are universal values.
Now, just as it's important not to underestimate or be complacent about the national security threat … it is equally important not to overreact to that threat.
The Islamic terrorist seeks to provoke the state to overreact because it creates a more receptive environment for the extremists' recruiting efforts …
Can I just say again as I have said here before, the terrorists want us to demonise and alienate the Muslim community in Australia. The Muslim community is part of Australia, they are Australians. We have to pull together.
As best we can assess … only about 30 per cent of Australian Muslims are practising. Seventy per cent are not particularly engaged with their faith. They may have a basic respect for religious leaders, much as many people consider themselves Christian but don’t go to church, or maybe at Christmas.
They are the silent majority, who are just not engaged, not on the political spectrum. They are neither radical extremists nor moderates out there encouraging any particular view of Islam.
Somewhat ironically, what we are seeing is the generation that has grown up in the post 9/11 context, now in their teens or early 20s, in a quite politically hostile atmosphere, where everything to do with Muslims is scrutinised and suspected …
Most Muslims surveyed ranked education and employment as issues most important to them; identified themselves as Australians and felt a sense of belonging to Australia; frequently mixed with non-Muslims; and felt Islam was consistent with Australian norms and society.
Ninety-seven per cent agreed that it was a good thing for a society to be made up of people from different cultures …
The very shrillness of today's zealots may reflect an underlying fear that conservative orthodoxies are under threat as never before, facing a growing backlash not so much from the outside world as from within the faith.
That this House:
(1) notes that:
(a) 1 December marks World AIDS Day, which is held every year to raise awareness about the issues surrounding HIV and AIDS, and is a day for people to show their support for people living with HIV and to commemorate people who have died; and
(b) the theme for World AIDS Day this year is 'Getting to zero: Zero new HIV infections. Zero discrimination. Zero AIDS related deaths';
(2) acknowledges the roles played by people living with HIV and their friends, family, supporters, AIDS activists and researchers, past and present, in making HIV a disease people can live with; and
(3) affirms its commitment to support actions which will reduce stigma, prevent new HIV transmissions, and work towards a cure.
That this House acknowledges the work of:
(1) community legal centres in tackling domestic violence;
(2) the United Nations and its 16 Days of Activism against Gender-Based Violence campaign to end domestic violence;
(3) journalist Ms Sarah Ferguson for her ongoing efforts to educate the public on the key driver behind domestic violence—control;
(4) the Leader of the Opposition for appointing a Shadow Parliamentary Secretary for Child Safety and Prevention of Family Violence; and
(5) the Victorian Minister for Women and Minister for the Prevention of Family Violence, for her work on Victoria's Royal Commission into Family Violence.
… see first hand on a daily basis the toll Australia's family violence crisis is having on women and children across Australia. However, CLCs face a 30% cut to their funding nationally from 2017 under the new National Partnership Agreement for Legal Assistance Services. Similarly, other frontline family violence services, including the Family Violence Prevention Legal Services, face funding cuts and uncertainty.
Crimes Legislation Amendment (Powers, Offences and Other Measures) Bill 2015
Education Legislation Amendment (Overseas Debt Recovery) Bill 2015
Student Loans (Overseas Debtors Repayment Levy) Bill 2015
Fair Work Amendment Bill 2015
Health Legislation Amendment (eHealth) Bill 2015
Social Services Legislation Amendment (No Jab, No Pay) Bill 2015
Social Services Legislation Amendment (More Generous Means Testing for Youth Payments) Bill 2015
Defence Legislation Amendment (First Principles) Bill 2015
Establish a strong, strategic centre to strengthen accountability and top level decision-making
Adelaide is, from our perspective, one of the great critical industrial centres in the world and part of Australia's defence manufacturing and a city where American and Australian companies work together in close partnership every day.
The current organisational model and processes are complicated, slow and inefficient in an environment which requires simplicity, greater agility and timely delivery.
To the Honourable The Speaker and Members of the House of Representatives
This petition of certain citizens: of Doolbi, Horton, Abington, Goodwood, North Isis and Redridge in the Electorate of Hinkler in Queensland, Australia
draws to the attention of the House: A severe lack of mobile phone coverage and black spots in the above mentioned area which we see as potentially dangerous given the large number of elderly with complex health issues and no access to 000/ Emergency assistance. Due to financial constraints these people, many of whom are on age pensions, can only afford a mobile phone.
We therefore ask the House to: Facilitate funding and placing of mobile phone translators onto the existing NBN towers on Knockroe and Goodwood Rds so that lives are not needlessly placed at risk.
The Planning Assessment Commission has considered the Drayton South proposal on three occasions. They have used the strongest language yet regarding the need for the thoroughbred industry to be recognised as a viable one. As a result they have called for protections and buffer zones to be put in place. Remaining viable is good news for jobs, both in the Hunter and Western Sydney.
Girls of today are bombarded with images of unattainable beauty. Through all these provocative and sexualised pictures it's difficult to find depictions of positive body image and to find strong, confident female role models. For some girls, just fitting in is a struggle, for girls that are athletically motivated it can be even worse.
… we've already announced climate targets for Paris in December and I expect those targets to continue.
The Government has made it crystal clear that we have no interest in increasing taxes on superannuation either now or in the future.
… we need a new style of leadership: one that respects people's intelligence, explains complex issues, sets out a course of action and argues the case for it.
What was announced today responds directly and decisively to the core problems in mental health care identified in a continual 10-year public critique and published in truckloads of reports to government.
… we will see an end to the sort of 'mental health care system' that mirrors the old Soviet automotive industry—the one car, in one colour and only available after an eternal wait!
On how many occasions has Peter Slipper travelled to New Zealand since July 2010?
DIARY EXTRACTS—CAN THESE BE PROVIDED FOR THE FOLLOWING DATES:
That leave of absence from 12 October 2015 to the end of the current period of sittings be given to the honourable member for Lilley on the ground of parliamentary business overseas.
Defence Legislation Amendment (First Principles) Bill 2015
That this bill be now read a third time.
The current organisational model and processes are complicated, slow and inefficient in an environment which requires simplicity, greater agility and timely delivery. Waste, inefficiency and rework are palpable. Defence is suffering from a proliferation of structures, processes and systems with unclear accountabilities. These in turn cause institutionalised waste, delayed decisions, flawed execution, duplication, a change-resistant bureaucracy, over-escalation of issues for decision and low engagement levels amongst employees.
The Defence Materiel Organisation has also been beset with problems that have impacted its ability to achieve the required outcomes. It is clear that the organisation has become top heavy, complex and unnecessarily deep. This significantly contributes to Defence not getting the capability it needs at a reasonable cost or in reasonable time.
It is essential for the DMO to establish its own identity, separate from Defence, to ensure it is able to rapidly transform its culture and develop the commercial focus it needs. A cultural shift in the DMO can underpin and help drive a new focus on performance and outcomes, and lead to improved procurement and support practices and better results for government.
… there have been occasions where the capabilities being acquired in projects managed by the DMO have been altered as a result of decisions made elsewhere in Defence. This has included changes made after contracts have been signed and without government approval, resulting in rises in the real cost of projects or significant delivery delays …
Export Control Amendment (Quotas) Bill 2015
Hay, believe it or not, is a new crop that more and more of the farmers in our part of the world are transitioning to, because, as the live cattle export trade grows, they need to take with them Australian hay for the Australian cattle to eat whilst they are in transit.
In the north of the Bendigo region, around Goornong, more and more of our farmers are switching to hay so that can be transported and exported with our live cattle trade. Ensuring that we have a robust and rigid export system is critical.
Agriculture has always played an important role in the success of our nation—it touches all Australians.
The opportunities for the sector are enormous.
We sit on the edge of the strongest growing region in the world, we have a developed agriculture sector … we have food safety and environmental credentials that are world-class, we develop and have access to up-to-date technology, we have a strong economy … and we have a well-educated and skilled workforce.
That this bill be now read a third time.
That consideration of government business order of the day No. 3, Australian Citizenship Amendment (Allegiance to Australia) Bill 2015, be postponed until a later hour this day.
Australian Institute of Aboriginal and Torres Strait Islander Studies Amendment Bill 2015
It is … a terrible reflection … that … 63 years after the formation of the Commonwealth … for the first time we are passing legislation to establish an institute, the function of which will be to record aboriginal languages, ceremonies, customs, nomenclature and everything else associated with them as a people.
If we do not take steps to preserve the knowledge of the ways of thinking and the languages of the aborigines, our own people in the future will resent this generation …
The AIATSIS collection has touched the lives of every Aboriginal and Torres Strait Islander person in this country without their even knowing it.
Although we recorded many of our songs, we also realised how many songs we had lost. This story is not unique, it is a story that resonates in Indigenous communities across much of Australia.
That this bill be now read a third time.
Australian Citizenship Amendment (Allegiance to Australia) Bill 2015
(1) Schedule 1, page 3 (line 1) to page 10 (line 8), omit the Schedule, substitute:
Schedule 1—Main amendments
Australian Citizenship Act 2007
1 Section 32A
Omit:
• you serve in the armed forces of a country at war with Australia: see section 35; or
substitute:
• you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or
2 Section 33 (heading)
Repeal the heading, substitute:
33 Renunciation by application
3 After section 33
Insert:
33AA Renunciation by conduct
Renunciation and cessation of citizenship
(1) Subject to this section, a person aged 14 or older who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2).
Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14).
Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB.
(2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct:
(a) engaging in international terrorist activities using explosive or lethal devices;
(b) engaging in a terrorist act;
(c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act;
(d) directing the activities of a terrorist organisation;
(e) recruiting for a terrorist organisation;
(f) financing terrorism;
(g) financing a terrorist;
(h) engaging in foreign incursions and recruitment.
(3) Subsection (1) applies to conduct specified in any of paragraphs (2)(a) to (h) only if the conduct is engaged in:
(a) with the intention of advancing a political, religious or ideological cause; and
(b) with the intention of:
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
(ii) intimidating the public or a section of the public.
(4) A person is taken to have engaged in conduct with an intention referred to in subsection (3) if, when the person engaged in the conduct, the person was:
(a) a member of a declared terrorist organisation (see section 35AA); or
(b) acting on instruction of, or in cooperation with, a declared terrorist organisation.
(5) To avoid doubt, subsection (4) does not prevent the proof or establishment, by other means, that a person engaged in conduct with an intention referred to in subsection (3).
(6) Words and expressions used in paragraphs (2)(a) to (h) have the same meanings as in Subdivision A of Division 72, sections 101.1, 101.2, 102.2, 102.4, 103.1 and 103.2 and Division 119 of the Criminal Code , respectively. However (to avoid doubt) this does not include the fault elements that apply under theCriminal Code in relation to those provisions of theCriminal Code .
(7) This section does not apply in relation to conduct by a person unless:
(a) the person was not in Australia when the person engaged in the conduct; or
(b) the person left Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct.
(8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person's birth).
(9) Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsection (2).
Minister to give notice
(10) If the Minister becomes aware of conduct because of which a person has, under this section, ceased to be an Australian citizen, the Minister:
(a) must give, or make reasonable attempts to give, written notice to that effect to the person:
(i) as soon as practicable; or
(ii) if the Minister makes a determination under subsection (12)—as soon as practicable after the Minister revokes the determination (if the Minister does so); and
(b) may give notice to that effect to such other persons and at such time as the Minister considers appropriate.
Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903 .
(11) A notice under paragraph (10)(a) must set out:
(a) the matters required by section 35B; and
(b) the person's rights of review.
(12) The Minister may determine in writing that a notice under paragraph (10)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations. The Minister must consider whether to revoke such a determination:
(a) no later than 6 months after making it; and
(b) at least every 6 months thereafter until 5 years have passed since the determination was made.
Minister ' s power to rescind notice and exempt person
(13) Subsections (14) to (19) apply only if a person has renounced his or her citizenship under this section.
(14) At any time after a person has renounced his or her citizenship under this section, the Minister may make a determination to:
(a) rescind any notice given under subsection (10) in respect of the person; and
(b) exempt the person from the effect of this section in relation to the matters that were the basis for the notice, or in relation to matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12).
(15) The Minister does not have a duty to consider whether to exercise the power under subsection (14) in respect of any person, whether the Minister is requested to do so by the person who has renounced his or her citizenship under this section, or by any other person, or in any other circumstances.
(16) To avoid doubt, in deciding whether to consider exercising the power in subsection (14), the Minister is not required to have regard to any of the matters referred to in subsection (17).
(17) If the Minister decides to consider whether to exercise the power in subsection (14), then, in that consideration, the Minister must have regard to the following:
(a) the severity of the matters that were the basis for any notice given in respect of the person under subsection (10), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (10)(a), but for the operation of subsection (12);
(b) the degree of threat posed by the person to the Australian community;
(c) the age of the person;
(d) if the person is aged under 18—the best interests of the child as a primary consideration;
(e) whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a);
(f) the person's connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person;
(g) Australia's international relations;
(h) any other matters of public interest.
(18) If the Minister makes a determination under subsection (14), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to the Minister's reasons in relation to the matters set out in subsection (17).
(19) If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the statement under subsection (18) must not include those names or any information that may identify those persons.
General provisions relating to Minister ' s powers
(20) The powers of the Minister under this section may only be exercised by the Minister personally.
(21) Section 47 applies to a decision by the Minister to make, or not make, a determination under subsection (14), but does not apply to any other decision of the Minister under this section (including any decision whether to consider exercising the power in subsection (14) to make a determination).
(22) The rules of natural justice apply to a decision by the Minister to make, or not make, a determination under subsection (14), but do not apply to any other decision, or the exercise of any other power, by the Minister under this section (including any decision whether to consider exercising the power in subsection (14) to make a determination).
(23) An instrument exercising any of the Minister's powers under this section is not a legislative instrument.
(24) To avoid doubt, a person's citizenship is taken never to have ceased under this section because of particular conduct if:
(a) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not engage in the conduct or have the requisite intention under subsection (3) of this section; or
(b) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time of the conduct; or
(c) the Minister makes a determination under subsection (14) in relation to the conduct to exempt the person from the effect of this section; or
(d) a declaration under section 35AA is disallowed by either House of the Parliament, and the person's citizenship would not have ceased under this section if that declaration had not been made.
4 Section 35
Repeal the section, substitute:
35 Service outside Australia in armed forces of an enemy country or a declared terrorist organisation
Cessation of citizenship
(1) A person aged 14 or older ceases to be an Australian citizen if:
(a) the person is a national or citizen of a country other than Australia; and
(b) the person:
(i) serves in the armed forces of a country at war with Australia; or
(ii) fights for, or is in the service of, a declared terrorist organisation (see section 35AA); and
(c) the person's service or fighting occurs outside Australia.
Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (9).
Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB.
(2) The person ceases to be an Australian citizen at the time the person commences to so serve or fight.
(3) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person's birth).
(4) For the purposes of subparagraph (1)(b)(ii) and without limitation, a person is not in the service of a declared terrorist organisation to the extent that:
(a) the person's actions are unintentional; or
(b) the person is acting under duress or force; or
(c) the person is providing neutral and independent humanitarian assistance.
Minister to give notice
(5) If the Minister becomes aware of conduct because of which a person has, under this section, ceased to be an Australian citizen, the Minister:
(a) must give, or make reasonable attempts to give, written notice to that effect to the person:
(i) as soon as practicable; or
(ii) if the Minister makes a determination under subsection (7)—as soon as practicable after the Minister revokes the determination (if the Minister does so); and
(b) may give notice to that effect to such other persons and at such time as the Minister considers appropriate.
Note: A person may seek review of the basis on which a notice under this subsection was given in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903 .
(6) A notice under paragraph (5)(a) must set out:
(a) the matters required by section 35B; and
(b) the person's rights of review.
(7) The Minister may determine in writing that a notice under paragraph (5)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations. The Minister must consider whether to revoke such a determination:
(a) no later than 6 months after making it; and
(b) at least every 6 months thereafter until 5 years have passed since the determination was made.
Minister ' s power to rescind notice and exempt person
(8) Subsections (9) to (14) apply only if a person has ceased to be a citizen under this section.
(9) At any time after a person has ceased to be a citizen under this section, the Minister may make a determination to:
(a) rescind any notice given under subsection (5) in respect of the person; and
(b) exempt the person from the effect of this section in relation to the matters that were the basis for the notice, or in relation to matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7).
(10) The Minister does not have a duty to consider whether to exercise the power under subsection (9) in respect of any person, whether the Minister is requested to do so by the person who has ceased to be a citizen under this section, or by any other person, or in any other circumstances.
(11) To avoid doubt, in deciding whether to consider exercising the power in subsection (9), the Minister is not required to have regard to any of the matters referred to in subsection (12).
(12) If the Minister decides to consider whether to exercise the power in subsection (9), then, in that consideration, the Minister must have regard to the following:
(a) the severity of the matters that were the basis for any notice given in respect of the person under subsection (5), or of matters that would have been the basis for giving a notice in respect of the person under paragraph (5)(a), but for the operation of subsection (7);
(b) the degree of threat posed by the person to the Australian community;
(c) the age of the person;
(d) if the person is aged under 18—the best interests of the child as a primary consideration;
(e) whether the person is being or is likely to be prosecuted in relation to matters referred to in paragraph (a);
(f) the person's connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person;
(g) Australia's international relations;
(h) any other matters of public interest.
(13) If the Minister makes a determination under subsection (9), the Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the Minister makes the determination, a statement that:
(a) sets out the determination; and
(b) sets out the reasons for the determination, referring in particular to the Minister's reasons in relation to the matters set out in subsection (12).
(14) If the Minister thinks that it would not be in the public interest to publish the name of the person or of any other person connected in any way with the matter concerned, the statement under subsection (13) must not include those names or any information that may identify those persons.
General provisions relating to Minister ' s powers
(15) The powers of the Minister under this section may only be exercised by the Minister personally.
(16) Section 47 applies to a decision by the Minister to make, or not make, a determination under subsection (9), but does not apply to any other decision of the Minister under this section (including any decision whether to consider exercising the power in subsection (9) to make a determination).
(17) The rules of natural justice apply to a decision by the Minister to make, or not make, a determination under subsection (9), but do not apply to any other decision, or the exercise of any other power, by the Minister under this section (including any decision whether to consider exercising the power in subsection (9) to make a determination).
(18) An instrument exercising any of the Minister's powers under this section is not a legislative instrument.
(19) To avoid doubt, a person's citizenship is taken never to have ceased under this section because of the person serving or fighting as set out in subsection (1) if:
(a) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person did not so serve or fight (whether because of subsection (4) of this section or for any other reason); or
(b) in proceedings under section 75 of the Constitution, or under this Act or another Commonwealth Act, a court finds that the person was not a national or citizen of a country other than Australia at the time the person served or fought; or
(c) the Minister makes a determination under subsection (9) in relation to the conduct to exempt the person from the effect of this section; or
(d) a declaration under section 35AA is disallowed by either House of the Parliament, and the person's citizenship would not have ceased under this section if that declaration had not been made.
35AA Declared terrorist organisation
Declaration of declared terrorist organisation
(1) A declared terrorist organisation is any terrorist organisation, within the meaning of paragraph (b) of the definition ofterrorist organisation in subsection 102.1(1) of theCriminal Code , that the Minister, by legislative instrument, declares is a declared terrorist organisation for the purposes of this section.
(2) Before declaring that an organisation is a declared terrorist organisation, the Minister must be satisfied on reasonable grounds that the organisation:
(a) either:
(i) is directly or indirectly engaged in, preparing, planning, assisting in or fostering the doing of a terrorist act; or
(ii) advocates the doing of a terrorist act; and
(b) is opposed to Australia, or to Australia's interests, values, democratic beliefs, rights or liberties, so that if a person were to fight for or be in the service of such an organisation the person would be acting inconsistently with their allegiance to Australia.
(3) The making of a declaration under subsection (1) is taken not to be prescribed administrative action for the purposes of Part IV of the Australian Security Intelligence Organisation Act 1979 .
Review of declaration by Parliamentary Joint Committee on Intelligence and Security
(4) The Parliamentary Joint Committee on Intelligence and Security may:
(a) review a declaration made under subsection (1) as soon as possible after the declaration is made; and
(b) report the Committee's comments and recommendations to each House of the Parliament before the end of the period during which the House may disallow the declaration.
35AB Sections 33AA and 35 do not apply to conduct of Australian law enforcement or intelligence bodies or in course of certain duties to the Commonwealth
(1) Sections 33AA and 35 do not apply to conduct engaged in by:
(a) a person in the proper performance of a function of an Australian law enforcement or intelligence body; or
(b) a person acting in the course of the person's duty to the Commonwealth in relation to the defence, security or international relations of Australia.
(2) In this section:
Australian law enforcement or intelligence body means a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence.
5 After section 35
Insert:
35A Conviction for terrorism offences and certain other offences
Cessation of citizenship on determination by Minister
(1) The Minister may determine in writing that a person ceases to be an Australian citizen if:
(a) the person has been convicted of an offence against, or offences against, one or more of the following:
(i) a provision of Subdivision A of Division 72 of the Criminal Code ;
(ii) a provision of section 80.1, 80.1AA or 91.1 of the Criminal Code ;
(iii) a provision of Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105);
(iv) a provision of Part 5.5 of the Criminal Code ;
(v) section 24AA or 24AB of the Crimes Act 1914 ;
(vi) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978 ; and
(b) the person has, in respect of the conviction or convictions, been sentenced to a period of imprisonment of at least 6 years, or to periods of imprisonment that total at least 6 years; and
(c) the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination; and
(d) the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; and
(e) having regard to the following factors, the Minister is satisfied that it is not in the public interest for the person to remain an Australian citizen:
(i) the severity of the conduct that was the basis of the conviction or convictions and the sentence or sentences;
(ii) the degree of threat posed by the person to the Australian community;
(iii) the age of the person;
(iv) if the person is aged under 18—the best interests of the child as a primary consideration;
(v) the person's connection to the other country of which the person is a national or citizen and the availability of the rights of citizenship of that country to the person;
(vi) Australia's international relations; and
(vii) any other matters of public interest.
Note: A person may seek review of a determination made under this subsection in the High Court of Australia under section 75 of the Constitution, or in the Federal Court of Australia under section 39B of the Judiciary Act 1903 .
(2) The person ceases to be an Australian citizen at the time when the determination is made.
(3) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person's birth).
(4) For the purpose of paragraph (1)(b):
(a) the reference to being sentenced to a period of imprisonment does not include a suspended sentence; and
(b) if a single sentence of imprisonment is imposed in respect of both an offence against a provision mentioned in paragraph (1)(a) and in respect of one or more other offences, then:
(i) if it is clear that only a particular part of the total period of imprisonment relates to the offence against the provision mentioned in paragraph (1)(a)—the person is taken to have been sentenced to imprisonment in respect of that offence for that part of the total period of imprisonment; and
(ii) if subparagraph (i) does not apply—the person is taken to have been sentenced to imprisonment in respect of the offence against the provision mentioned in paragraph (1)(a) for the whole of the total period of imprisonment.
Minister to give notice
(5) If the Minister makes a determination under subsection (1) because of which a person ceases to be an Australian citizen, the Minister:
(a) must give, or make reasonable attempts to give, written notice to that effect to the person:
(i) as soon as practicable; or
(ii) if the Minister makes a determination under subsection (7)—as soon as practicable after the Minister revokes the subsection (7) determination (if the Minister does so); and
(b) may give notice to that effect to such other persons and at such time as the Minister considers appropriate.
(6) A notice under paragraph (5)(a) must set out:
(a) the matters required by section 35B; and
(b) the person's rights of review.
(7) The Minister may determine in writing that a notice under paragraph (5)(a) should not be given to a person if the Minister is satisfied that giving the notice could prejudice the security, defence or international relations of Australia, or Australian law enforcement operations. The Minister must consider whether to revoke the determination:
(a) no later than 6 months after making it; and
(b) at least every 6 months thereafter until 5 years have passed since the determination was made.
Minister must revoke determination if conviction overturned
(8) The Minister must, in writing, revoke a determination made under subsection (1) in relation to a person if:
(a) a conviction because of which the determination was made is later overturned on appeal, or quashed, by a court; and
(b) that decision of that court has not been overturned on appeal; and
(c) no appeal, or further appeal, can be made to a court in relation to that decision.
(9) If the Minister revokes the determination, the person's citizenship is taken never to have ceased under this section because of that determination.
General provisions relating to Minister ' s powers
(10) The powers of the Minister under this section may only be exercised by the Minister personally.
(11) Except for the powers of the Minister under subsection (1), the rules of natural justice do not apply in relation to the powers of the Minister under this section.
(12) Section 47 does not apply in relation to the exercise of the powers of the Minister under this section.
(13) An instrument exercising any of the Minister's powers under this section is not a legislative instrument.
35B Matters to be set out in notices to persons who have ceased to be Australian citizens
(1) A notice that is given to a person under paragraph 33AA(10)(a) or 35(5)(a) must:
(a) state that the Minister has become aware of conduct because of which the person has, under section 33AA or 35, ceased to be an Australian citizen; and
(b) contain a basic description of that conduct.
(2) A notice that is given to a person under paragraph 35A(5)(a) must:
(a) state that the Minister has determined under section 35A that the person has ceased to be an Australian citizen; and
(b) include the reasons for the decision to make the determination.
(3) However, a notice given to a person under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) must not contain information, or content of a document, if:
(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010 ); or
(b) the disclosure of the information or content would or might prejudice:
(i) the security, defence or international relations of Australia; or
(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010 ) of its functions; or
(c) the disclosure of the information or content would or might endanger a person's safety; or
(d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.
6 Paragraph 36(1)(a)
Omit ", 34A or 35", substitute "or 34A".
7 At the end of Division 3 of Part 2
Add:
36A No resumption of citizenship if citizenship ceases under section 33AA, 35 or 35A
If under section 33AA, 35 or 35A a person ceases to be an Australian citizen, then Divisions 1 and 2 of this Part do not apply in relation to the person on and after the time of that cessation.
Note: The effect of this section is that (subject to subsections 33AA(14) and (24), 35(9) and (19) and 35A(8) and (9)) the person can never become an Australian citizen again.
8 Application provisions
Application of section 33AA
(1) Section 33AA of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:
(a) persons who became Australian citizens before, on or after the commencement of this item; and
(b) conduct engaged in on or after the commencement of this item (whether the conduct commenced before, on or after the commencement of this item).
Application of section 35
(2) Section 35 of the Australian Citizenship Act 2007 (as amended by this Schedule) applies in relation to:
(a) persons who became Australian citizens before, on or after the commencement of this item; and
(b) fighting for, or being in the service of, a declared terrorist organisation that occurs on or after the commencement of this item (whether the fighting or service commenced before, on or after the commencement of this item).
(3) If the fighting or service commenced before the commencement of this item, the person ceases to be an Australian citizen at the time this item commences.
Application of section 35A
(4) Section 35A of the Australian Citizenship Act 2007 (as amended by this Schedule):
(a) applies in relation to persons who became Australian citizens before, on or after the commencement of this item; and
(b) does not apply in relation to a conviction of a person before the commencement of this item unless:
(i) the conviction occurred no more than 10 years before the commencement of this item; and
(ii) the person was sentenced to a period of imprisonment of at least 10 years in respect of that conviction.
(2) Page 10 (after line 8), at the end of the Bill, add:
Schedule 2—Other amendments
Australian Citizenship Act 2007
1 After section 51A
Insert:
51B Reports to Parliament
(1) As soon as practicable after each reporting period, the Minister must table a report in each House of the Parliament that sets out:
(a) the number of notices given by the Minister under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and
(b) the number of notices the Minister unsuccessfully attempted to give under paragraph 33AA(10)(a), 35(5)(a) or 35A(5)(a) during the reporting period; and
(c) for each notice given or attempted to be given under paragraph 33AA(10)(a) or 35(5)(a)—a brief statement of the matters that are the basis for the notice; and
(d) for each notice given or attempted to be given under paragraph 35A(5)(a)—a brief statement of the matters that are the basis for the determination under subsection 35A(1) to which the notice relates.
(2) The report must not contain information, or content of a document, if:
(a) the information or content includes any operationally sensitive information (within the meaning of the Independent National Security Legislation Monitor Act 2010 ); or
(b) the disclosure of the information or content would or might prejudice:
(i) the security, defence or international relations of Australia; or
(ii) the performance by a law enforcement or security agency (within the meaning of the Independent National Security Legislation Monitor Act 2010 ) of its functions; or
(c) the disclosure of the information or content would or might endanger a person's safety; or
(d) the disclosure of the information or content would be likely to be contrary to the public interest for any other reason.
(3) For the purposes of this section, reporting period means:
(a) the period of 6 months beginning on the day this section commences; and
(b) each subsequent 6‑month period.
51C Briefing of Parliamentary Joint Committee on Intelligence and Security
(1) This section applies if any of the following events occurs:
(a) the Minister gives or unsuccessfully attempts to give a notice under paragraph 33AA(10)(a) or 35(5)(a);
(b) the Minister gives or unsuccessfully attempts to give a notice under paragraph 35A(5)(a);
(c) the Minister makes a determination under subsection 33AA(12), 35(7) or 35A(7).
(2) The Minister must, as soon as practicable after the occurrence of the event, inform the Parliamentary Joint Committee on Intelligence and Security in writing.
(3) Before the later of:
(a) the end of 20 sittings days of the House of Representatives after the occurrence of the event; and
(b) the end of 20 sittings days of the Senate after the occurrence of the event;
the Minister must, if requested to do so by the Parliamentary Joint Committee on Intelligence and Security, arrange for the Committee to be briefed on the event.
(4) The briefing may be done orally or in writing.
(5) The briefing must include details of the following:
(a) for an event mentioned in paragraph (1)(a):
(i) the matters that are the basis for the notice; and
(ii) whether the Minister has rescinded the notice and exempted the person to whom the notice related from the effect of the section in relation to the matters that were the basis for the notice;
(b) for an event mentioned in paragraph (1)(b):
(i) the matters that are the basis for the determination under subsection 35A(1) to which the notice relates;
(ii) whether the Minister has revoked under subsection 35A(8) the determination to which the notice relates; and
(c) for an event mentioned in paragraph (1)(c)—the matters that are the basis for the determination.
Independent National Security Legislation Monitor Act 2010
2 Section 4 (before paragraph (a) of the definition of counter ‑terrorism and national security legislation )
Insert:
(aa) sections 33AA, 35 and 35A of the Australian Citizenship Act 2007 and any other provision of that Act as far as it relates to those sections;
Intelligence Services Act 2001
3 Section 3
Insert:
Immigration and Border Protection Department means the Department administered by the Minister administering theAustralian Citizenship Act 2007 .
4 Before paragraph 29(1)(c)
Insert:
(ca) to review, by 1 December 2019, the operation, effectiveness and implications of sections 33AA, 35, 35AA and 35A of the Australian Citizenship Act 2007 and any other provision of that Act as far as it relates to those sections; and
5 Paragraph 29(3)(g)
Omit "ONA or AFP", substitute "ONA, AFP or the Immigration and Border Protection Department".
6 At the end of section 30
Add:
; (e) the Secretary of the Immigration and Border Protection Department.
7 Clause 1A of Schedule 1 (definition of agency )
Omit "or AFP", substitute ", AFP or the Immigration and Border Protection Department".
8 Clause 1A of Schedule 1 (at the end of the definition of agency head )
Add:
; or (f) the Secretary of the Immigration and Border Protection Department.
9 Application of amendments
The amendments of the Independent National Security Legislation Monitor Act 2010 and theIntelligence Services Act 2001 made by this Schedule apply in relation to sections 33AA, 35 and 35A of theAustralian Citizenship Act 2007 as in force on and after the commencement of this Act.
The Committee recommends that changes be made to clarify that the conduct leading to loss of citizenship listed in proposed section 33AA of the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 is intended to be considered in light of the meaning of the equivalent provisions in the Criminal Code Act 1995, and is not intended to be restricted to the physical elements.
(b) the action is done or the threat is made with the intention of advancing a political, religious or ideological cause; and
(c) the action is done or the threat is made with the intention of:
(i) coercing, or influencing by intimidation, the government of the Commonwealth or a State, Territory or foreign country, or of part of a State, Territory or foreign country; or
(ii) intimidating the public or a section of the public.
The Solicitor-General is of the view that, by imposing a requirement that the Minister consider circumstances of excusal from the operation of s. 33AA and s. 35, the effect of those provisions is that the Minister could be regarded as the effective decision-maker, thus violating the self-executing character of the scheme. Were such a ministerial decision to be characterised as an exercise of judicial power, there would be a significant risk that the High Court might take the view the requirements of Chapter III of the Constitution, as explained,inter alia , by theBoilermakers case , would make the exercise of the powerultra vires .
The proposed changes directly address the concerns of the Solicitor-General by removing the requirement that the Minister must consider exempting persons from the automatic operation of the provisions, and by inserting a requirement that the Minister observe the rules of natural justice and give reasons only in circumstances where hedoes make a decision under the relevant provisions, but making it clear he has no obligation to do so — thus obviating the concern that the Minister is the effective decision-maker. The changes are specifically designed to maximise the Bill's prospect of withstanding a constitutional challenge.
These changes have been reviewed by the Solicitor-General and he has now advised that they have a good prospect of being upheld by the High Court.
The basis for the conclusion that the terrorist-related or foreign fighting conduct has occurred may be reviewed by a court. … Any judicial review would extend to whether or not the contract was engaged in, whether the person engaged in that conduct with the requisite intention, and whether or not a person was a dual citizen.
That this bill be now read a third time.
This motion concerns the threat of violent extremism, particularly in the form of radical Islam, in Australia, a the threat that has been borne out in this country. This is not violence for the sake of violence; it is violence driven by an extreme ideology, a jihadist ideology that does not accept the Australian way of life.
The ideology of Islamism despises our freedom, hates democracy and rejects our values—Australian values—which are very clearly defined. They are no state secret. When someone applies for a provisional, permanent or temporary visa, applicants must sign a statement that they have read and understood about the following Australian values: respect for freedom and dignity of the individual; freedom of religion; commitment to the rule of law, parliamentary democracy, equality of men and women, and the spirit of egalitarianism; and embraces things like mutual respect, tolerance, fair play and compassion for those in need in pursuit of the public good. These are the values that new citizens and new entrants to Australia sign up to, but not all citizens—or, indeed, their children—agree with these values in practice. In practice, some people hate these values. Those people can be found in Paris, they can be found in Europe, they can be found in the Middle East. Sadly, they can be found in Australia.
We would be kidding ourselves to think everyone in this country subscribes to our common set of values, and we would be foolish to think that there are not jihadists in this country who wish to do us harm because of who we are and the values that we hold dear as a nation.
This was a coordinated attack involving eight killers and six locations. It was more than a lone-wolf attack, but it was not an elaborately sophisticated one. It reminds us that a few fanatics with automatic weapons and explosives can do great damage and strike at the heart of free, open and democratic societies. This was not just an assault on French lives and French freedoms. It was an attack on all humanity, on all our freedoms—the freedom to gather and to celebrate, the freedom to share time with our family and friends, the freedom to walk our streets without fear. That is why, when I spoke with both President Francois Hollande and Foreign Minister Laurent Fabius, I conveyed not just the heartfelt sympathy but the unwavering solidarity of all Australians with the people of France.
The Paris attacks—all of these attacks—highlight just how critical it is that the international community cooperates to defeat ISIL in the field, in its space, in Syria and Iraq. They highlight how important it is for us more effectively to counter the corrupting messaging of ISIL and other violent extremists in schools, in mosques and, above all, online.
We believe that his actions were politically motivated and therefore linked to terrorism.
The mastermind of the November 13 terrorist attacks in Paris was planning more attacks targeting Jews, schools and transport system, media reports say. He also mocked EU's open border policy that allowed him to enter as a refugee.
Abdelhamid Abaaoud, a Belgian citizen of Moroccan origin and Islamic State extremist who was behind the massacre in a concert hall and near the stadium in Paris, told his cousin, Hasna Ait Boulahcen, " they would do worse (damage) in districts close to the Jews and would disrupt transport and schools," according to a witness statement cited by the French Valeurs Actuelles weekly magazine.
Abaaoud approached his cousin two days after the attacks and asked to hide him, while he was planning new terrorist acts. He also promised to give Boulahcen €5,000 … so that she could buy two suits and two pairs of shoes for him and his accomplice, who has not been identified yet.
The terrorists planned to use the suits to blend into the crowd and "look the part" during a planned attack on Paris' commercial district La Defense, French media reports.
Paris prosecutor Francois Molins confirmed that the extremists indeed plotted an attack on La Defense.
According to a confidential police witness statement leaked to Valeurs Actuelles this week, Abaaoud also mocked the European open-border Schengen system by boasting about freely and easily slipping into Europe with refugees and living for two months in France unnoticed.
Abaaoud claimed he exploited the ongoing migrant crisis and entered Europe from Syria through Greece disguised as a refugee. He also described France as "zero," apparently referring to the authorities' inability to detect him, Valeurs Actuelles reports citing the witness statement.
They want to start World War III—a global war between Muslims and everyone else—that's what they want to create. They want societies like France and Australia to turn on each other.
They want countries like ours to reject their Muslims and vilify them … because this evil organisation has it in their heads that if they can make Muslims the enemy of the West, then Muslims in France and England and America and here in Australia will have nowhere to turn but to ISIL.
Within Australia our counter-terrorism strategy calls for partnership between all levels of government, community and the private sector. The root cause of the current threat we face is a perverted strain of Islamist extremist ideology.
The strongest weapons we bring to this battle are ourselves, our values and our way of life. Our unity mocks their attempts to divide us. Our freedom under law mocks their cruel tyranny. Our mutual respect mocks their bitter intolerance.
What is already clear is that the most successful programs are those that are least visibly associated with government and law-enforcement authorities; those developed in close consultation with local communities; and, above all, those that are most practical and specific, relying primarily on individual interventions.
Those young men (and occasionally women) who are susceptible to extremism's appeal respond best to those they trust — people who can help them step back from violence in a way that does not cause them to lose face.
My name is French, we loved French wine so much that we had to grow our own, we fantasize about holidaying in Tuscany or Paris and my Dad always wished that he had a hot French Teacher … where would we be without the French! Vive la France!
The Statue of Liberty was a gift from the people of France to the people of New York. Those two cities are deeply connected by their commitment to freedom, and terrorism will never destroy that. We stand with you NYC and Paris, and anywhere else in the world that has suffered at the hands of terrorists.
My husband and I flew into Paris as the horrific event was unfolding. Hearing the continuous sirens throughout Friday night and walking around a very solemn Paris the next day has had a lasting impact. Simply eating lunch at a cafe made you realise the absolute callousness of the attack. We may live half way around the world but our thoughts remain with the people of Paris—for what they have been through and the journey ahead.
When innocent people are dying at the hands of violent extremists, no matter where in the world this is happening, hard questions are asked of societies like our own—hard questions for which there are no easy answers. For all freedom-loving nations, the message could not be clearer: if we want to preserve the values that underpin our open, democratic societies, we will have to work resolutely with each other to defend and protect the freedoms we hold dear.
Not all extremism ends in violence but all politically motivated violence begins with extremist ideology.
Australia’s contribution to coalition forces on the ground in Iraq is second only to that of the United States and large relative to our population and proximity to the conflict. It is larger, for example, than that of any European nation, larger than Canada's or any of the neighbouring Arab states. We have six FA18s involved in missions in that theatre, with 240 personnel in the air task group, 90 Special Forces advisers, and around 300 soldiers training the Iraqi army at Taji.
Freedom is merely privilege extended
Unless enjoyed by one and all
Our thoughts and prayers are with the victims, families and people of Paris and Beirut at this time of unspeakable horror. We will continually stand united in peace with them against such heinous attacks of cowardice. There are no words to truly describe the devastation of these acts but we will continue in solidarity and pray for peace.
This is not a time for gestures or machismo. Calm, clinical, professional, effective—that is how we defeat this menace.
Modern Islam needs to cohere with the Australian way of life, our values and institutions.
Strategically, ISIL wants to create division by fomenting resentment between Muslims and non-Muslim populations.
The DEPUTY SPEAKER ( Mr Kelly ) took the chair at 10:30
The consistently neglected Tuggeranong area will probably get NBN in 2050. We pay all taxes for fed government and local government yet it's all spent up north. We get close to zero new or upgraded infrastructure by comparison.
In global standards we are a third world country when it comes to internet download speeds and pricing! Latvia has faster average internet speeds than we do!
Please help. Our internet is terrible. Three or four times a week it won't work at all. Certainly limits productivity! Work provides flexible work options, but without a reliable internet this is limited, and can also be dreadfully inefficient even when connected! And we're not on the rollout map!
That this House calls on the Minister for Foreign Affairs to support a parliamentary debate during the current sitting on the Australian Government's strategy in response to the crisis in Syria and Iraq.
There is a ripple effect of anxiety and fear emanating from the Yarmouk experience.
… … …
Yarmouk has come to represent all places where—for Palestinians and especially for refugees—control over one's life is an illusion, where the safety of decades can disappear overnight, where land is confiscated, homes are demolished, rights are denied, travel is restricted, jobs are lost, resentments and prejudices prevail ... It was a beacon of resilience. Unless we act quickly, it risks becoming a symbol of dispossession and of a history of repeated dispossessions.
That this House:
(1) notes that National Adoption Awareness Week was recently celebrated, a week dedicated to raising awareness around the challenges faced by families and children navigating complex inter country and domestic adoption processes in Australia;
(2) is made aware of the fact that the rate of adoption in Australia is the lowest in the developed world, with only 317 children adopted in 2013-14;
(3) recognises that 15,000 children in Australia have been in out of home care for over two years and over 12 million children are officially registered overseas awaiting adoption;
(4) acknowledges the need for continued adoption reform, especially in the area of local adoption;
(5) notes that:
(a) children who experience abuse and neglect in the home, followed by instability in out of home care, are much more likely to experience poor life outcomes;
(b) in adolescence, out of home carers are unable to maintain the necessary level of care for children with complex needs and they are often placed in residential care; and
(c) on an average day in 2013-14 there were 1,157 children in residential care and on 30 June 2014 there were 2,258 children in residential care; and
(6) calls on the Government to present this issue to the COAG in order to create a national strategy that will dramatically increase the rate of local adoption in Australia.
In our half-century of international research, we've not found any other class of experience that has as strong and consistent effect on personality and personality development as does the experience of rejection, especially by parents in childhood.
Attachment is an unalterable, important human need and reality, and how attachment systems form in individuals really matters for everything else that really matters.
… how attachment systems form in individuals really matters for everything else that really matters.
The single most important intervention that can protect the development and wellbeing of children who have an ongoing need for care, is identifying them at the earliest possible age, and intervening decisively.
… … …
The strongest predictor of the presence, severity and complexity of mental health difficulties is a child's age at entry into care, with entry at younger ages being much less protective.
… … …
Once a child is in care, placement insecurity and instability negatively affects their development.
… … …
For children to have the best chance at normal development, they need to be bonded to adults who provide life-long unconditional love and stability. Adoption provides this above temporary foster care or permanent care orders that end at 18 years.
Most of the time we're just driving to soccer, or forgetting ballet shoes, or trying to be the best parents we can be … It's hard to believe some people see us differently …
That this House:
(1) notes that:
(a) three diseases—HIV/AIDS, tuberculosis and malaria—still account for the deaths of more than 2.7 million people each year;
(b) since 2000, increased action by national governments and international donors on prevention and detection of and treatment for these diseases has led to significant reductions in cases of and deaths from each disease;
(c) the Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund) has played a significant role in this progress, and has supported programs with the following outcomes:
(i) increasing the number of people with HIV with access to antiretroviral therapy to 8.1 million;
(ii) making available testing and treatment for tuberculosis to 13.2 million people; and
(iii) supporting the distribution of 548 million insecticide treated bed nets to prevent malaria; and
(d) the Global Fund contributes more than $US4 billion to combat the three diseases each year, and accounts for more than 20 per cent of international funding for HIV, half of international funding for malaria and three quarters of funding for tuberculosis;
(2) recognises:
(a) the proposed Sustainable Development Goals include a target to end the epidemics of AIDS, tuberculosis and malaria by 2030;
(b) achieving this target will require increased investment by national governments, national aid agencies and multilateral agencies such as the Global Fund; and
(c) increased investment in addressing these diseases now will reduce the risk of much greater costs, especially from drug resistance, in the future; and
(3) calls on the Government to continue and consider increasing its support for the Global Fund for the next replenishment period, 2017 to 2019.
… to defeat tuberculosis, HIV and malaria, which literally saves lives, is in our interests because we know that drug resistant tuberculosis is jumping from Papua New Guinea to northern Queensland.
So it's a wise investment because it saves lives of others and it helps protect Australians.
That this House:
(1) notes that the drug 'ice' is at epidemic proportions and having a huge impact on our communities;
(2) acknowledges the Government has:
(a) identified the ferocity of the ice epidemic across Australia;
(b) put in place the National Ice Taskforce (NIT) to begin implementing positive programs and changes to help stop the scourge of ice; and
(c) announced $1 million in funding has been made available to Crime Stoppers to roll out a national Dob in a Dealer campaign to help combat Australia's ice scourge; and
(3) notes that the NIT final report was recently delivered to the Government with identified actions on how local, state and federal governments can work with communities to take a systematic, comprehensive and coordinated approach to Australia's ice scourge.
That all words in paragraph (3) be replaced with "notes that it has been 511 days since the Government received the Review of Drug and Alcohol Prevention and Treatment Services Sector Report and calls on the Minister to immediately release this report and the report of the National Ice Taskforce."
That this House:
(1) recognises that 14 November is World Diabetes Day;
(2) acknowledges that:
(a) there are 1.1 million diagnosed cases of diabetes in Australia and they are rising by 100,000 a year;
(b) Diabetes Australia estimates that:
(i) diabetes currently costs the Australian economy around $14.6 billion per annum; and
(ii) the cost of diabetes to the Australian economy is forecast to increase to $30 billion by 2025;
(c) Australia needs a stronger response to the challenge of diabetes;
(d) there is evidence that:
(i) the onset of type 2 diabetes can be successfully prevented; and
(ii) serious complications and hospitalisations from diabetes can be prevented; and
(3) commits to working towards reducing the impact of diabetes on the lives of Australians.
Under this strategy people will be better informed about diabetes so they can make better decisions. In addition, research and evidence will strengthen prevention and care and, hopefully, move us that much closer to a cure for diabetes.
(c) Australia needs a stronger response to the challenge of diabetes;
(d) there is evidence that:
(i) the onset of type 2 diabetes can be successfully prevented; and
(ii) serious complications and hospitalisations from diabetes can be prevented;
That this House calls on the Minister for Foreign Affairs to support a parliamentary debate during the current sitting on the Australian Government's strategy in response to the crisis in Syria and Iraq.
Health and safety, social responsibility and environmental sustainability are crucial to maintaining … our social licence to operate.
To the Honourable The Speaker and Members of the House of Representatives
This petition of the citizens of Wangaratta and surrounding district (constituents of the seat of Indi) and visitors to the district:
Draws to the attention of the House: The urgent threat of climate change
We therefore ask the House to: Recognise the threat of climate change as the major issue currently facing Australia and the world at large and, in so doing, understand that it is too important to be subject to party political bickering and point scoring. Politicians from all sides need to be working together to find the best way to move Australia speedily to a low carbon economy.
As one of the rich countries of the world and a major per capita emitter of carbon we believe Australia has a responsibility to be a leader in the move towards a low carbon world rather than waiting for the rest of the world to act first.
As responsible stewards of this earth, we must heed the URGENT recommendation of the global scientific community to take strong action to restrict global warming to 2 degrees for it to be habitable for all existing lifeforms including future generations of humans.
Thank you for the exciting news regarding Savannah's success with the competition. I sat down with Savannah and asked her what significant buildings or landmarks reminded her of Brisbane. She responded with 'The Story Bridge, City Hall and the Christmas tree' and this then formed the foundation of her postcard.
There was so much excitement at our house last night when we shared the wonderful news with Libby that she was the year 2 category winner. Libby is a budding artist; it is her passion, so you cannot imagine how over the moon she was when we told her she actually won. Libby spent many hours at home quietly working away on her design. It was incredible to see her so committed to it.
… I’ve attributed my moderate successes in life to luck—
Yes, hard work and intelligence do play a part, but luck stands out as queen of the trifecta.
I want to say it's unfair.
Whatever happens, I’ve been so lucky.
The Australian mainstream media portrays a skewed stereotypical and overly negative image of the Muslim community. The pervasive representation of Muslims as a monolithic, homogeneous entity is both inaccurate and harmful to our social cohesion. Australians of Muslim faith have much to contribute to the broader society and should be welcomed. Constantly referring to and identifying Muslims in terms of their religion is patronising and belittling.
The mainstream media is, in my opinion, mostly to blame for the discrimination and racism innocent Muslims experience regularly. It is sensational, inflammatory, misleading and ultimately dangerous.
Counter to what people might mistakenly believe from media coverage and a lot of debate and commentary, the vast majority of Muslims are very ordinary Australians.
(1) In 2014-15, what sum was spent on
(a) domestic travel, and (b) international travel, for departmental staff.
(2) Of this,
(a) on what dates, and to what locations, did the Minister travel,
(b) how many departmental staff accompanied the Minister on this travel, and (c) for what purpose was the travel.
(1) In 2014-15 the sum spent on travel for departmental staff is:
(a) Domestic Travel - $1,095,636 (ex GST).
(b) International Travel - $496,153 (ex GST).
(2)
(a) Details of travel are published every six months in the report Parliamentarians ' Expenditure on Entitlements paid by the Department of Finance . The six monthly report for 1 July to 31 December 2014 is available at:
finance.gov.au/publications/parliamentarians-reporting/parliamentarians-expenditure-P35/. The report for 1 January to 30 June 2015 will be available in December 2015.
(b) One.
(c) To accompany me as Minster for Finance leading the European Australian Business Council business mission to Europe from 28 June to 3 July 2015; meetings with the OECD and Government Ministers in Paris from 4 to 7 July 2015; the Australian business mission to Berlin from 7 to 9 July 2015; and to participate in the Australia‑Germany Advisory Group Meeting in Berlin on 10 July 2015.
In respect of departmental costs for media events and photo opportunities in 2014-15, what (a) date was each event held, (b) location was each event held at, (c) sum was spent on each event, (d) announcement and/or issue did the event relate to, and (e) was the expenditure for.
The Department of Social Services expended funds for the following media events and photo opportunities in 2014-2015:
2015 Disability Ministers National Forum
a. 16 February 2015
b. Melbourne, Victoria
c. $880.00 (GST inclusive)
d. 2015 Disability Ministers National Forum
e. Photography services
Aged Care Ministerial Event
a. 30 June 2014
b. Melbourne, Victoria
c. $2,189.00 (GST inclusive)
d. Changes to aged care from 1 July 2014
e. Photography services
In respect of the $2,400,000.00 tender (CN3287018) to National Rugby League Limited, (a) what is this for, (b) what are aims of this project, and (c) who will participate in this project.
Prime Minister on 15 September 2015. As the honourable member's question relates to matters before that date, I am advised by the Department of the Prime Minister and Cabinet that The answer to the honourable member's question is as follows:
(a) The funding of $2,400,000 (GST inclusive) was provided to the National Rugby League Limited (NRL) through the Department of the Prime Minister and Cabinet's Indigenous Advancement Strategy.
The period of the contract is 2 years and due to cease 30 June 2017.
The total funding amount of $2,400,000 is provided to deliver the following
3 projects:
(b) Project A – Beyond the Goalposts: the project will aim to improve attendance rates and enhance students' participation in sport and other extracurricular activities in at least 70 primary and secondary schools across NSW. A minimum of 3,600 participating students (both male and female) will be targeted.
Project B – Through the Outback Competition: the NRL supported the annual Indigenous Rugby League carnival 'the Koori Knockout' held 2-5 October 2015, to ensure it provided a positive and professional environment in which the community had the opportunity to participate. The project supported the Government's priorities of Getting Children to School, Adults in Jobs and Making Communities Safer.
Project C – The School to Work (S2W): this project will support 500 Indigenous Students in NSW and Victoria (both male and female) to complete Year 12 and successfully transition into employment and/or further education.
(c) These projects will support Indigenous school students and community members from across NSW and Victoria to improve their employment and education outcomes. The projects also promote improved Indigenous health, greater community cultural capacity and enhanced community engagement.
In respect of the Australian Government contingent that visited Torres Strait communities in Far North Queensland in August 2015, (a) what are the (i) names, and (ii) roles, of each person who attended with the Minister, (b) can the full itinerary of activities involving the Minister be provided, and (c) what was the total cost to the Minister's department including (i) flights, (ii) accommodation, (iii) ground transport, (iv) meals, and (v) miscellaneous expenses.
(a) (i)+(ii) Mr Greg Manning - A/g Deputy Secretary, Civil Justice and Legal Group,
Mr Liam Brennan – Advisor, Attorney-General's Office
(b) The itinerary of activities involving the Attorney-General is at Attachment A. The itinerary was managed by the Department of Prime Minister and Cabinet.
(c) The department met the following costs for Mr Manning:
(i) flights - $2,436
(ii) accommodation - $727
(iii) ground transport - $26.40 (ferry) and $256 (taxis)
(iv) meals - $234
(v) miscellaneous – (incidentals) $107.20
Attachment A
Proposed Itinerary - Torres Strait and Northern Peninsula Visit
Senator the Hon George Brandis QC
Monday 24 August 2015
Tuesday 25 August 2015
Wednesday 26 August 2015
Further to his answer to question in writing No. 1341 (House Hansard , 14 September 2015, page 182), does his department keep records on costs incurred by it, if not, why not; if so, (a) are those costs itemised, and (b) are documents available that would identify these costs.
Media events and photo opportunities are most often undertaken as part of broader portfolio responsibilities and outreach and costs are covered by the relevant program budgets.
These events are mostly supported by in-house services from the Department's communications and web teams, which offer preparation of media releases and social media products, web content, graphic design, photography and video services. It is therefore not possible to provide an accurate breakdown of the costs incurred for specific media events and photo opportunities.
The Department keeps records of external procurement of communications products and services. These products and services are mostly for communication activities that may include but are not specifically procured for media events and photo opportunities.
In respect of the Multicultural Access and Equity Policy, (a) how will the Government ensure that departments and agencies undertake forward planning for access and equity, and (b) how will departments and agencies review and evaluate their access and equity achievements, and what will these achievements be measured against given that plans are no longer required.
The Government has committed to refresh Multicultural Access and Equity Policy arrangements to improve the responsiveness of government programmes and services for Australia's culturally and linguistically diverse population.
The Department is leading the work across government on this issue, with a focus on appropriate engagement with multicultural communities and practical actions that target areas of government where we can deliver real improvements in access and reduce red tape.
Reporting arrangements for this work are still being finalised.
In respect of reports of Medicare information and associated bank account details being stolen from computer systems and medical centres, (a) when did she or her office first become aware of this, (b) what action was taken by her and her department to investigate this, (c) what is the extent of this activity, including the cost to the Medicare Benefits Schedule, and (d) what steps are being taken by her and her department and the Minister for Human Services and the Department of Human Services, to better protect this information.
(a) and (b) As stated by Senator Marise Payne (the then Minister for Human Services) on 17 September 2015 in Parliament, the New South Wales Police alerted the Department of Human Services on 10 September 2015 that they had found a number of allegedly stolen medical files during an unrelated police operation. This matter falls within the portfolio responsibilities of the Minister for Human Services, the Hon Stuart Robert MP. The Department of Human Services undertakes investigations into alleged inappropriate Medicare claiming.
(c) This matter falls within the portfolio responsibilities of the Minister for Human Services, the Hon Stuart Robert MP. It relates to an ongoing police investigation and it would not be appropriate for me to comment while the investigation is ongoing.
(d) There are controls in place for online and other claiming channels to protect customer information associated with the Medicare system. This includes identification and investigation of changes in claiming patterns and non-compliant claiming. The outcome of the investigation into this matter will determine any changes to the control framework.
Was any cost to his department incurred for the celebration of his 10 year anniversary as a parliamentarian at the Shangri-La Hotel in Sydney on 5 September 2015; if so, (i) what sum, and (ii) for what.
No costs were incurred by the Department of Agriculture and Water Resources.
In respect of the $33,545.00 tender to AO3 Independent Computer Search Pty Ltd for 'Graphic adapters and touch mice for mobile devices' (CN3292025), (a) what was the purpose of the department's acquisition of these devices, and (b) how many units were procured.
(a) The graphic adapters and touch mice enable the HP ElitePad G2 1000 computer tablets to be used as either a mobile computer or as a desktop computer when connected to existing monitors and keyboards via the HP tablet docking station.
(b) 200 graphic adapters and 400 touch mice were procured.
In respect of the $11,137.50 tender to Paragon Printers pen rebranding (CN3172472), (a) is this for the Australian Border Force (ABF), (b) can he provide details of (i) the country of manufacture, (ii) the number of products ordered, (iii) the cost per item unit, and (iv) any other details about manufacture and/or cost, and (c) how will these pens enhance the operation of the ABF.
(a) No.
(b) (i) Pens were sourced through Australian owned company Paragon Australasia Group Trust Fund trading as GreenFrog, manufactured in China and brand printing done in Australia.
(ii) 15,000 units were purchased.
(iii) 67.5c excluding GST.
(iv) These pens were purchased to replenish the Department's corporate stocks.
(c) N/A.
Did the then Assistant Minister for Social Services host any conferences in 2014-15; if so (a) on what date(s) did each conference occur, and at what location(s), (b) what total sum was spent on each conference, and of this, what sum was spent on (i) meals and accommodation, and what are the details, (ii) travel, and what are the details, and (iii) social events, and what are the details, and (c) what outcomes were achieved at each conference.
The then Assistant Minister for Social Services did not host any conferences in 2014-15.
In respect of catering and hospitality by the then Assistant Minister for Social Services in 2014-15, (a) what total sum was spent, (b) for what functions was the catering and hospitality, (c) on what date(s) did each function occur, and at what location(s), and (d) for each function, what sum was spent on (i) meals, (ii) drinks, (iii) hospitality staff, and (iv) other costs.
The then Assistant Minister for Social Services had no catering or hospitality in 2014-15.
Further to the answer to question in writing No. 402 (House Hansard, 20 October 2014, page 11513), (a) can his department provide a description of the works undertaken at each location, and (b) what is the total cost of the refurbishment including (i) design and construction, (ii) furniture and equipment, (iii) project management, and (iv) all other, (c) how will these upgrades support the work of his department.
Please see Attachment A.
Some figures at b) vary from Question Number 402, as the figures were provided at a point in time and did not reflect final costs for the fit-outs and refurbishments detailed above.
Further to the answer to question in writing No. 402 (House Hansard , 20 October 2014, page 11513), (a) how many staff presently work in each office, (b) how many staff in each office were made redundant between 7 September 2013 and 13 October 2015, (c) does his department anticipate that (i) more staff will be located in each office following the refurbishment; if so, how many, and (ii) staff will be relocated from any other office within his department to any of these offices following the refurbishment; if so, how many, (d) will staff from any other Commonwealth department(s) be located within any of these offices; if so (i) what department(s), (ii) in which offices, and (iii) what roles will they perform, (e) will staff from any other businesses or agencies, other than a Commonwealth department, be located within any of these offices; if so, (i) what businesses or agencies, (ii) in which offices, and (iii) what services will they provide, and (f) does his department anticipate that there will be any unused capacity in any of these offices following the refurbishment.
Will his department provide all costs associated with (a) amalgamating the Department of Climate Change and Energy Efficiency with the Environment portfolio in September 2013, and (b) establishing a new Office of Climate Change and Renewables Innovation within his department in September 2015.
(a) Responsibilities of the Department of Climate Change and Energy Efficiency were transferred to the Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education and the Department of Resources, Energy and Tourism by Administrative Arrangement Order on 25 March 2013.
(b) The establishment in September 2015 of the Office of Climate Change and Renewables Innovation is an internal departmental restructure and it is expected that no costs will be incurred as a result.
Were there any instances of fraud or theft detected by the department from (a) internal sources, or (b) external sources, that resulted in a cost to the department in 2014-15; if so, (i) what fraud or theft took place, (ii) when did the fraud or theft take place, (iii) what was the cost to the department of this fraud or theft, and (iv) what is being done to prevent the fraud or theft occurring again.
(a) Internal sources:
The department recorded two substantiated instances of fraud during 2014-15 and no substantiated theft.
(i) Both substantiated fraud matters related to entitlement fraud.
(ii) Of the two substantiated internal fraud matters that occurred during 2014-15, one occurred multiple times between 2010 and 2014, and the other occurred multiple times between 2014 and 2015.
(iii) The value of the internal fraud losses reported in 2014-2015 was $13,894.20.
(iv) The department met all of its requirements under the Commonwealth Fraud Control Framework 2014 and completed a suite of fraud and corruption risk assessment and control documentation. These include the department'sFraud and Corruption Control Plan 2015 ,Fraud Risk Assessment 2015 andCorruption Risk Assessment 2014-16 . These documents acknowledge the potential fraud and corruption risks impacting the department and communicate the range of prevention, detection and response mechanisms that the department has in place to manage these risks. The ongoing implementation of prevention, detection and response treatments proposed in these documents aim to prevent known instances of internal fraud or theft occurring again.
(b) External sources:
The department recorded 44 incidents of alleged fraud during 2014-15.
(i) The categories of external fraud allegations reported relate to obtaining or using information without authorisation (44 incidents).
(ii) The 44 incidents of external fraud were reported between the 2014-15 financial year.
(iii) The value of potential external fraud losses reported in 2014-15 was unable to be quantified.
The department met all of its requirements under the Commonwealth Fraud Control Framework 2014 and completed a suite of fraud and corruption risk assessment and control documentation. These include the department'sFraud and Corruption Control Plan 2015 ,Fraud Risk Assessment 2015 andCorruption Risk Assessment 2014-16 . These documents acknowledge the potential fraud and corruption risks impacting the department and communicate the range of prevention, detection and response mechanisms that the department has in place to manage these risks. The ongoing implementation of prevention, detection and response treatments proposed in these documents aim to prevent known instances of external fraud or theft occurring again.
Were there any instances of fraud or theft detected by the department from (a) internal sources, or (b) external sources, that resulted in a cost to the department in 2014-15; if so, (i) what fraud or theft took place, (ii) when did the fraud or theft take place, (iii) what was the cost to the department of this fraud or theft, and (iv) what is being done to prevent the fraud or theft occurring again.
(a) There has been one instance of internal fraud.
i. Misuse of corporate credit card
ii. September 2014
iii. $1,110.38 which was recovered in full from the employee
iv. Fraud awareness training is being implemented across the Department of the Environment.
(b) There have been no instances of external fraud or theft.
What sum was spent on replenishing the Minister's drinks cabinet in 2014-15, on what date were such purchases made, and what was purchased.
Nil - The Department of Health does not replenish the Minister's drink cabinet.
In respect of global roaming costs for Ministerial staff on information and communications technology devices since 8 September 2013, and can the Minister provide an itemised list of costs incurred, including but not limited to (a) date of use, (b) call or data type, (c) location of use, (d) length or size of the call or download, and (e) cost per call or data download.
The Department of Agriculture and Water Resources entered into its current contract for telecommunications services on 1 July 2014. The contract provides a fixed rate monthly plan for all global roaming services at a flat rate of $5,000 per month. Individual calls and data downloads to devices connecting via global roaming are not itemised.
It is not feasible to report on global roaming charges prior to 1 July 2014, as telecommunication services agreements were not centrally managed prior to commencement of the current telecommunications services contract. To obtain the information requested for the period 8 September 2013 to 30 June 2014 would incur significant diversion of time and resources.
In respect of global roaming costs for departmental and agency staff on information and communications technology devices since 8 September 2013, and can the Minister provide an itemised list of costs incurred, including but not limited to (a) date of use, (b) call or data type, (c) location of use, (d) length or size of the call or download, and (e) cost per call or data download.
The Department of Agriculture and Water Resources entered into its current contract for telecommunications services on 1 July 2014. The contract provides a fixed rate monthly plan for all global roaming services at a flat rate of $5,000 per month. Individual calls and data downloads to devices connecting via global roaming are not itemised.
It is not feasible to report on global roaming charges prior to 1 July 2014, as telecommunication services agreements were not centrally managed prior to commencement of the current telecommunications services contract. To obtain the information requested for the period 8 September 2013 to 30 June 2014 would incur significant diversion of time and resources.
In respect of the $21,726.62 tender to Dentsu Mitchell Media Australia (CN3300200) for PACT Internet search, for what purpose is this service.
The service was for promotional activities related to the Pay and Conditions Tool communications campaign, including search engine marketing and social media advertising.