The PRESIDENT (Senator the Hon. John Hogg) took the chair at 9:30, read prayers and made an acknowledgement of country.
That the government business orders of the day relating to the Customs Amendment (Anti-dumping Measures) Bill 2011 and the Customs Amendment (Anti-dumping Improvements) Bill 2011 may be taken together for their remaining stages.
That government business notice of motion No. 2 relating to the variation of hours of meeting and routine of business be withdrawn from the Notice Paper .
(1) That a Joint Select Committee on Australia's Clean Energy Future Legislation be appointed to inquire into and report on the provisions of the following bills:
(a) Clean Energy Bill 2011;
(b) Clean Energy (Consequential Amendments) Bill 2011;
(c) Clean Energy (Income Tax Rates Amendments) Bill 2011;
(d) Clean Energy (Household Assistance Amendments) Bill 2011;
(e) Clean Energy (Tax Laws Amendments) Bill 2011;
(f) Clean Energy (Fuel Tax Legislation Amendment) Bill 2011;
(g) Clean Energy (Customs Tariff Amendment) Bill 2011;
(h) Clean Energy (Excise Tariff Legislation Amendment) Bill 2011;
(i) Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2011;
(j) Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment Bill 2011;
(k) Clean Energy (Unit Shortfall Charge—General) Bill 2011;
(l) Clean Energy (Unit Issue Charge—Auctions ) Bill 2011;
(m) Clean Energy (Unit Issue Charge—Fixed Charge) Bill 2011;
(n) Clean Energy (International Unit Surrender Charge) Bill 2011;
(o) Clean Energy (Charges—Customs) Bill 2011;
(p) Clean Energy (Charges—Excise) Bill 2011;
(q) Clean Energy Regulator Bill 2011;
(r) Climate Change Authority Bill 2011; and
(s) Steel Transformation Plan Bill 2011.
(2) That the committee consist of 1 4 members, four members of the House of Representatives to be nominated by the Government Whip or Whips, three members of the House of Representatives to be nominated by the Opposition Whip or Whips, one Greens member, one non-aligned member, two senators to be nominated by the Leader of the Government in the Senate, two senators to be nominated by the Leader of the Opposition in the Senate, and one Greens senator.
(3) That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
(4) That the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full number of senators or members referred to in this resolution.
(5) That the committee elect a Government member as its chair.
(6) That the committee elect a member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members shall elect another member to act as chair at that meeting.
(7) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(8) That four members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include at least one Government member of either House and one non-Government member of either house.
(9) That the committee have power to call for witnesses to attend and for documents to be produced.
(10) That the committee may conduct proceedings at any place it sees fit.
(11) That the committee have the power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(12) That the committee report on or before 4 October 2011.
(13) That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
(14) That a message be sent to the Senate acquainting it of this resolution and requesting that it concur with the action accordingly.
That the consideration of the message be fixed for a later hour today.
Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Bill 2011
(1) Schedule 2, page 13 (line 1) to page 23 (line 4), omit the Schedule, substitute:
Schedule 2—Amendments relating to student learning entitlement
Higher Education Support Act 2003
1 Section 70-1
Omit "7 years", substitute "8 years".
2 Section 73-5
Repeal the section, substitute:
73-5 Ordinary SLE
Ordinary SLE for persons eligible immediately before 1 January 2012
(1) A person who was an eligible person immediately before 1 January 2012 has at the beginning of that day an increase of 1 *EFTSL in the person's *ordinary ESL.
Ordinary SLE accruing after 1 January 2012
(2) A person who (by birth or otherwise) becomes an *eligible person for the first time on or after 1 January 2012 has at the beginning of that day an *ordinary SLE equal to 8 *EFTSL.
Meaning of eligible person
(3) An eligible person is:
(a) an Australian citizen; or
(b) a citizen of New Zealand; or
(c) a *permanent visa holder.
3 At the end of section 73-30
Add:
(3) A person who ceased to be an eligible person before 1 January 2012 and next becomes an eligible person again on or after that date is taken to have had, immediately before so ceasing to be an eligible person, an *ordinary SLE that was 1 *EFTSL higher than the person actually had.
(2) Schedule 3, item 1, page 24 (line 6), after "free intellectual inquiry", insert "for students, researchers and teachers".
(3) Schedule 3, item 3, page 25 (line 10), after "free intellectual inquiry", insert "for students, researchers and teachers".
There is … no policy objective being served by the SLE, and there are considerable savings that can be achieved from its removal. As the first students subject to the new arrangements will shortly be exhausting their SLE, it is particularly timely to solve this issue now to avoid problematic decisions having to be taken regarding upcoming enrolments.
Whenever there is a chance to cut red tape it should be taken. Regulations should only be imposed when there is a demonstrable need for them.
… … …
Australia does not have a systemic problem of excessively long study periods that is found in some other countries.
Turning to the ubiquitous issue of government red tape – I am happy to listen to sensible suggestions as to how I can remove impediments to diversity and increase flexibility. As a result of the AVCC’s report on red tape, I have agreed to consider the abolition of the Student Learning Entitlement which measures a student’s consumption of commonwealth supported education.
A higher education provider that is a Table A provider or a Table B provider must have a policy that upholds free intellectual inquiry in relation to learning, teaching and research.
That the amendments (Senator Mason's) be agreed to.
That the Senate concur with the resolution of the House of Representatives contained in message No. 258 relating to the appointment of the Joint Select Committee on Australia's Clean Energy Future Legislation.
Answering these questions would be easier if the government opened the kimono on the actual model. Given access to the model itself, we would know exactly what it assumes. And the implications of changing those assumptions could be tested.
That the motion (Senator Ludwig's) be agreed to.
Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011
Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Bill 2011
Offshore Petroleum (Royalty) Amendment Bill 2011
Offshore Resources Legislation Amendment (Personal Property Securities) Bill 2011
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Bill 2011
Senator EGGLESTON: Just for the record, would you like to quickly outline the constitutional settlement, which I think was drawn up with the Fraser government.
Mr Norris: … That offshore constitutional settlement was in fact an agreement between the Commonwealth and the states to really put in place a co-operative approach to administering the offshore area and, in our view, it is an approach that has worked very well for all of those years.
… what is happening is that the designated authority's role is being removed and replaced by the titles administrator. That is a significant shift away from what has effectively been in place for about 30 years—put in place by the Offshore Constitutional Settlement where there was a cooperative administrative arrangement which has successfully applied for all that period of time.
Minister Ferguson agreed to consult with Minister Moore on alternatives that Minister Moore may wish to propose in order to reach agreement and thereby co-operate regarding the passage of legislative reforms aimed at establishing NOPTA and NOPSEMA.
On 20 April 2011 Ministers Ferguson and Moore met and discussed the alternative arrangements proposed by Minister Moore. The Ministers reached an "in principle" agreement to co-locate NOPSEMA, NOPTA and elements of WA DMP subject to resolving operational details. This Memorandum is intended to formalise that agreement.
Dear Minister
Thank you for your letter dated 11 August 2011, formalising your commitment to meeting the Western Australian Government's concerns with the Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011 and associated Bills, as outlined in my letter to you of 3 August 2011 and discussed at our meeting on 10 August 2011.
Your commitment to improving the relationship between the State and Commonwealth petroleum regulators is appreciated. I have signed the Memorandum of Understanding to support the proposed cooperative working arrangements and co-location of the National and State Petroleum Regulators. Attached is a copy for your records.
I look forward to our agencies now developing the detail under this agreement for our consideration and implementation.
However, I need to reiterate that the Western Australian State Government remains opposed to the Commonwealth's decision to create NOPSEMA and NOPTA.
Yours sincerely
NORMAN MOORE MLC
MINISTER FOR MINES AND PETROLEUM
Senator EGGLESTON: Would you say the Western Australian regulatory system has been deficient, in any way?
Mr Livingston: I do not believe these reforms are addressing any identified deficiency in WA regulation.
There is a silent killer in our schools, stalking the youth of Australia. It is silent because we don't talk about it. It is not cancer or obesity. It is suicide, and as many as five Australian children attempt it every day.
It may be a way of telling other people about your distress and asking for help, a way of coping with stress or emotional pain, or a symptom of a mental illness like depression. Sometimes it suggests that you are thinking about suicide. Not everyone who self-harms is suicidal, but sometimes people die as a result of their self-harm behaviour.
Youth suicide rates have dropped during the past decade but it is still one of the main causes of death for people aged between 15 and 24. Suicide accounts for the deaths of one in four males and one in five females between the ages of 20 and 24.
Considering youth suicide prevention specifically, it is clear that family, friends and teachers have a significant role when it comes to managing the wellbeing of young people … The committee considers that it would be useful for parents, peers and teachers to be trained to recognise the signs of mental distress and be equipped to start a conversation providing 'at risk' young people with advice on the resources that are available or putting them in contact with a specialist service.
Schoolchildren spend more hours a week, face to face, with their teachers than with any other adult. The World Health Organisation tells us that our current crop of year 7 boys and girls will face a greater threat from depression than from any other disease by the time they reach 30.
Mental health problems are the major health issues that young Australians face. Adolescence and early adulthood are often periods of great change, for example, developing a sense of identity, becoming more independent from parents and taking on greater responsibility during the transition from school into work or higher education. The challenges faced by many young people can lead to emotional problems.
Most people have their first experience of depression during adolescence or young adulthood. Overall, it is estimated that 6 to 7% of young Australians aged 16 to 24 will experience depression in any year.
Depression can be very disabling, especially if it is left untreated. Struggles with school, work or relationships can last longer and may lead to the person not achieving their full potential, be it at work or in their relationships. Depressive disorders are also the most common risk factor for suicide.
International research has repeatedly shown that at least 70% of people who commit suicide have done so when their feelings, thinking and ability to survive have been badly affected by depressive illness.
It stands sharp against its surroundings. It is pearly white and it is smooth and soothing to the eye. The building inside has swirling paintings hanging on the walls adding to the modern yet classy sense and reality. The colours on the building provide a gentle relief from the rest of the buildings which are all spotty, brown, brick walls which are sharp to touch. The building is very open with many windows allowing the sunlight to flood the rooms.
I have been working in education for 30 years and I have never seen this kind of investment before. The school was able to move into the 21st century from old classrooms built in the 1970's being replaced by new classrooms, badly needed because of the growth the school was experiencing. The project was able to employ approximately 150 workers.
To Prime Minister Gillard, We hope that you enjoy this book. Please come to visit St Monica's to see our beautiful new learning areas.
The Saint Ignatius' College Junior School BER Project, the MacKillop Building, is a once in a lifetime opportunity. It has provided the College with the unique advantage of incorporating a significant historical site, used by Saint Mary of the Cross MacKillop, into the project itself. This exceptional environment will now give students the chance to learn more about the life of Mother Mary and the devoted work of the Sisters of St Joseph. The Library and classrooms will continue to benefit generations of students to come.
Whilst this facility has always existed in our Education Brief the realisation has only ever been the stuff of dreams—that is until the Federal Government announced the Building the Education Revolution Stimulus package and the dream evolved into the concept, the plan, the design and finally this amazing building.
We convey our heartfelt thanks to the federal Government for providing the future focus and funds for these combined projects. Their foresight in the face of the economic crisis has enabled schools across the nation to build and use facilities that they would never have dreamed possible without expensive loans and fund raising from already burdened communities.
At this stage no account of Coastal Voicemoneys has been provided to Fair Trading, as required by the act. That is both unacceptable and unlawful. The people of New South Wales deserve to know that community groups and associations in their area are both real and responsible in their use of funds and in relation to their reporting responsibilities.
…told the Australian earlier this month that he quitCoastal Voice after entering federal parliament in 2007.
My department has never received any notification of resignation or change of public officer from Coastal Voice Community Group since it was first registered in 2006. I am advised that there is no record whatsoever to support the claim that Mr Thomson quit in 2007. If Mr Thomson has evidence that he quit in 2007 he should present that evidence to Fair Trading immediately, otherwise he should correct the public record and clarify any misconception that he did resign in 2007.
Fair Trading will now commence an investigation into financial records maintained by the association. The Fair Trading investigation will help finalise the current cancellation proceedings because it will identify any assets held by the association and who exercised control of those assets.
I will make a comprehensive statement in the near future.
Labor MP Craig Thomson is expected to rely on the disappearance of financial records and slack union rules when he makes a 'comprehensive statement' to defend allegations he misused his union credit card. But he faces a dilemma over his claim that another person forged his signature on the card dockets for a brothel, after NSW police determined they were genuine.
'We are satisfied that the person who used the card was the person whose name was on the card,' a senior police officer told the Australian.
'It would have been deception if somebody else used it; that would have been a crime.'
This Arrangement represents a record of the Participants' intentions and political commitments but is not legally binding on the Participants.
A question inviting a minister to comment on opposition policies is strictly out of order—
although questions seeking the minister’s knowledge of how other policy proposals would affect matters within that minister’s responsibility have been ruled in order.
Apart from the conditions for who can make a request for costings, the caretaker period costings service of the PBO is to be consistent with that of the Charter of Budget Honesty Act 1998.
By requiring the costings to be to made publicly available, there is limited scope for the results of the costings to be misrepresented.
That the Senate take note of the answers given by the Minister for Innovation, Industry, Science and Research (Senator Carr) to questions without notice asked by Senators Ronaldson and Cash today relating to asylum seekers and the Malaysian agreement.
Kevin Rudd has taken a tough line on border security, warning that a Labor government will turn the boats back ...
That the Senate records its deep regret at the death, on 13 September 2011, of the Hon. David Francis Jull, former Member for Bowman and Fadden, and places on record its appreciation of his long and meritorious public service and tenders its profound sympathy to his family in their bereavement.
Many a time have they fought against me. Yea, many a time they have fought against me from my youth up, but they have not prevailed against me.
That Senator Fisher be granted leave of absence from 13 September 2011 to 23 September 2011, for personal reasons.
That the Joint Select Committee on Gambling Reform be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Tuesday, 20 September 2011, from 4 pm.
That the Rural Affairs and Transport References Committee be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 14 September 2011, from 4.30 pm, to take evidence for the committee's inquiry into the live export trade, together with the Live Animal Export (Slaughter) Prohibition Bill 2011 [No. 2] and the Live Animal Export Restriction and Prohibition Bill 2011 [No. 2].
That the time for the presentation of the report of the Community Affairs References Committee on the funding and administration of mental health services be extended to 20 October 2011.
Telecommunications Amendment (Mobile Phone Towers) Bill 2011
That the following bill be introduced: A Bill for an Act to amend the Telecommunications Act 1997 and theAustralian Radiation Protection and Nuclear Safety Act 1998 , and for related purposes
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Telecommunications Amendment (Mobile Phone Towers) Bill 2011 amends the Telecommunications Act 1997 to introduce the precautionary principle for the installation of mobile phone facilities, to improve consultation with communities, scrutiny of site choices and expand the opportunities for appeal.
One of the purposes of the Telecommunications Act was the facilitation of a secure and comprehensive network to ensure national coverage for mobile phones. Nearly 15 years on the network is near completion, excepting some rural and regional areas. Many of the new facilities in our built-up areas aim to increase data download speeds rather than complete the network.
Since its introduction developments have occurred that are not captured by the Act, including the emergence of infrastructure developers and installation of ancillary equipment such as radio units. The intention of the height limits in the Act has also been undermined by carriers as the limits do not include antennae, brackets and other equipment.
The widespread powers given to telecommunication carriers to site their facilities have sometimes resulted in community dissent. While there is an industry code in place that outlines best practice, this code is not ultimately enforceable, leaving some people frustrated at their lack of recourse.
The bill will widen the opportunities for appeal for people concerned about the site of a facility and intensify the Australian Communication and Media Authority's scrutiny of applications for permits and its complaints handling role. It will also remove the exemption for "low-impact" facilities from local or state government planning processes.
Concern about the effects of accumulated exposure to electromagnetic radiation (EMR) is at the heart of some community dissatisfaction with the current Act. The bill will require telecommunications carriers and developers to consult people living within 500 metres of a proposed facility and gives those residents broader opportunities to appeal an installation. It also introduces a 200 metre buffer zone around sensitive sites such as schools and hospitals.
As part of the consultation process carriers will be required to provide Electromagnetic radiation (EMR) exposure maps and five-year plans for facility development to local governments, which will be publicly accessible.
Some European countries have taken a more cautious approach to allowable EMR exposure limits because of the absence of scientific consensus on the long-term effects of EMR exposure. The bill requires the Australian Radiation Protection and Nuclear Safety Agency to review the Australian limit within six months of the bill's introduction and then every five years, specifically looking at the practices of other countries.
The precautionary principle comes into play when there is a suspicion that an action may cause harm to the health of humans or the environment. In the case of mobile phone facilities there is no scientific consensus on the effects of long-term accumulated exposure to EMR, especially for children and adolescents. As such, carriers should take a cautious approach to the siting of facilities because there is an absence of evidence that they do not cause harm.
This bill aims to provide a better balance between the need for a secure and connected mobile telecommunications network and a community's right to protect itself from potential harm and determine the appropriate location for certain infrastructure.
I commend this bill to the Senate.
That the Senate—
(a) notes that:
(i) in Australia, people have a democratic right to protest peacefully, and
(ii) the carbon tax and 'Convoy of No Confidence' rallies held outside Parliament House, Canberra, in August 2011 were peaceful; and
(b) requests that the Leader of the Australian Greens (Senator Bob Brown) and the Leader of the Government in the Senate (Senator Evans) apologise on behalf of their parties for derogatory comments made such as 'Convoy of No Consequence', 'Convoy of Incontinence' and 'it's a general smorgasbord of whingers'.
That the Senate—
(a) notes that:
(i) 7 September was Threatened Species Day, and that this day in 2011 commemorated the 75th anniversary of the extinction of the thylacine (the Tasmanian tiger),
(ii) the global rate of species extinction is greater now than at any time in human history, and
(iii) Australia currently has 1 785 nationally threatened plant and animal species;
(b) agrees that:
(i) as one of the most biodiverse countries in the world, Australia has a special responsibility to protect our unique species, which are inherently precious and must be preserved for future generations, and
(ii) it is incumbent upon this generation to arrest the global decline of biodiversity; and
(c) calls on the Government to commit, in its upcoming reform package to the Environment Protection and Biodiversity Conservation Act 1999 , to reverse the decline of Australia's biodiversity, including by strengthening the Act to preclude the Minister from granting any approval that would push a species to a higher level of endangerment.
That the Senate—
(a) condemns the personal invitation by Senator Bernardi to racist Dutch politician Geert Wilders to visit Australia; and
(b) calls on Senator Bernardi to withdraw that invitation, or, if not, for the Leader of the Opposition (Mr Abbott) to intervene.
After extending an invitation to Wilders to visit Australia, I took my leave en route to Brussels …
The Gillard Government's plan to damage business and consumer confidence through the introduction of a carbon tax.
The Gillard Government's plan to damage business and consumer confidence through the introduction of a carbon tax.
ACOSS has long accepted the overwhelming scientific consensus that climate change will affect us all, and are motivated by the stark reality that people who live in vulnerable situations and on low incomes will be affected first and worst.
This is the reason we have argued that effective and equitable action is vital to reduce carbon pollution and we are keen to work with all parties to help build a community consensus around the solutions.
ACOSS is satisfied that the householder assistance package will provide people on low incomes with sufficient compensation to cover the anticipated modest increases in costs flowing to consumers.
The Gillard governments' plan to damage business and consumer confidence through the introduction of a carbon tax.
The Liberals' policy is based on four main planks.
The Liberals' policy on climate change is based on: grants to assist the development of low emissions technology; expanding the mandatory renewable energy target to 30,000 gigawatt hours by 2020, equivalent to 15 per cent of Australia's electricity production.
We will introduce a comprehensive and world's best practice emissions trading system.
... to be ... costly and ... unviable for capping national emissions.
That leave of absence be granted to Senator Collins today, for personal reasons.
That Senators Milne, Pratt and Urquhart be appointed as members of the Joint Select Committee on Australia's Clean Energy Future Legislation.
That Senator Sterle replace Senator Stephens on the Foreign Affairs, Defence and Trade Legislation Committee for the period 18 to 21 October 2011 and that Senator Stephens be appointed as a participating member of the committee.
Business Names Registration Bill 2011
Business Names Registration (Transitional and Consequential Provisions) Bill 2011
Business Names Registration (Fees) Bill 2011
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
BUSINESS NAMES REGISTRATION BILL 2011
The Business Names Registration Bill 2011 is part of a package of cognate bills. The package comprises:
These bills, along with subordinate legislation, will create a national business names registration system.
Currently businesses need to register their names in each State and Territory in which they trade. Each jurisdiction has its own processes and fees. The proposed national registration system, to be administered by the Australian Securities and Investment Commission (ASIC), will mean businesses pay one fee to register nationally, using an online application process.
The idea of having uniform national business names registration laws across Australia has been around for a long time. As the result of an agreement among all Attorneys-General, uniform business names registration laws were put in place in all jurisdictions in 1962-63. Unfortunately there was no mechanism put in place to maintain uniformity, nor to prevent multiple registrations of the same name across Australia.
In 2008 the Council of Australian Governments (COAG) agreed that the Commonwealth would assume responsibility for the registration of business names. This reform proposal was one of 27 regulatory reforms forming part of the National Partnership Agreement to Deliver a Seamless National Economy. An Inter-Governmental Agreement for Business Names was signed on 2 July 2009 by the Commonwealth, States and Territories.
The national business names registration system, combined with a number of other related initiatives such as the National Australian Business Licence and Information Service and the Australian Business Account, are estimated to provide benefits of $1.5 billion over 8 years to business, government and consumers.
The Commonwealth has no power to regulate all business names registrations in Australia, therefore the establishment of a national business names registration system and the legislation which underpins it relies on a referral of constitutional powers from the States to the Commonwealth. The States therefore must enact referral legislation to give effect to the national registration system, and the Commonwealth legislation is drafted in such a way that the national system cannot commence if any State does not refer or adopt the legislation.
The business names registration legislation package will set up a new national business names Register, to be operated by ASIC. Any entity carrying on a business in Australia using a name other than its own will be required to register with ASIC. This will enable the identification of the entity behind a business name.
The national registration system will assist new businesses by providing a joint online application for an Australian Business Number (ABN) and national business name, two of the most common registrations undertaken by those starting a new business. Combining these two common start-up registrations in a single online process will make it simpler to start a new business.
Under the new system, businesses will only need to complete a single online application, and pay a single fee, to register a business name nationally. This will mean, for most businesses, reduced registration costs and a simpler process, especially for businesses that trade in more than one State or Territory.
At present, a business operating in every State and Territory faces a cost of more than $1,000 to register a business name for three years. Under the national registration system, businesses will only pay one fee, which will be in the order of $70 to register for three years. An optional $30 fee will apply for a one-year registration.
To assist with identification of the entity behind a business name, the national registration system mandates an ABN for any new business name registration. Currently all State and Territory business name registers allocate a business name number. The allocation of such a number will no longer take place under a national system.
The Register will enable any party – be they a consumer or another business – to ascertain who the entity is behind a business name.
The Register will prevent identical business names in the States and Territories being registered in the future. It will also prevent the registration of otherwise undesirable names such as names that are misleading to consumers, or offensive.
The national Register will also provide national rules to apply in relation to the use of business names when a person is disqualified from carrying on business.
Consistent with trademark law, registering a business name under this legislation will not give rise to any proprietary rights over that name.
Existing businesses will not need to do anything when the national registration system commences. Their existing State and Territory business name registrations will automatically be transferred into the new national business name Register.
People who are thinking of starting new businesses will be able to apply to register their national business names online, at any time, and in most cases will receive confirmation of registration immediately. Applicants will be able to follow a link to Australian trademark and domain name searches, which may be important to them in choosing their business names.
The new national registration system will commence after all States refer business names powers to the Commonwealth, or adopt the Commonwealth legislation. It is envisaged that States will have completed this process by March 2012, and the national registration system will commence by the end of May 2012.
Extensive consultation was undertaken to reach agreement among the Commonwealth, States and Territories on the structure of the proposed national registration system and the legislation which will establishment it. Extensive public consultation was also undertaken, including two rounds of public consultation on draft legislation.
Full details are contained in the explanatory memorandum.
BUSINESS NAMES REGISTRATION (TRANSITIONAL AND CONSEQUENTIAL PROVISIONS) BILL 2011
The Business Names Registration (Transitional and Consequential Provisions) Bill 2011 is part of a package of cognate bills. The total package will, along with subordinate legislation, create a national business names registration system.
Existing businesses will not need to do anything when the new national business name service commences. Their existing State and Territory business name registrations will automatically be transferred into the new national business name Register.
Where there are identical business names currently registered in different jurisdictions, the proposed arrangements under the legislation will not require existing businesses to spend money on reissuing stationery or replacing signage. These businesses will be able to keep their existing business name, however a distinguishing mark will be placed on the business name Register allowing specific businesses operating in different jurisdictions to be identified.
My comments in relation to the Business Names Registration Bill 2011 also apply to this bill.
BUSINESS NAMES REGISTRATION (FEES) BILL 2011
The Business Names Registration (Fees) Bill 2011 is part of a package of cognate bills. The total package will, along with subordinate legislation, create a national business names registration system.
The Fees Bill is a taxing measure which will impose the fees for registering business names in the new national registration system.
At present, a business operating in every State and Territory faces a cost of more than $1,000 to register a business name for three years. Under the national system, businesses will only pay one fee, which will be in the order of $70 to register for three years. An optional $30 fee will apply for a one-year registration.
My comments in relation to the Business Names Registration Bill 2011 also apply to this bill.
Indigenous Affairs Legislation Amendment Bill (No. 2) 2011
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
INDIGENOUS AFFAIRS LEGISLATION AMENDMENT BILL (NO. 2) 2011
This Bill makes minor amendments to certain governance and business arrangements for portfolio bodies under the Aboriginal and Torres Strait Islander Act 2005.
At present, several statutory positions established under that Act are referred to by the term 'General Manager' – that is, the heads of Indigenous Business Australia, the Indigenous Land Corporation, Aboriginal Hostels Limited and the Torres Strait Regional Authority.
However, the roles undertaken by occupants of those positions have changed in nature since the positions were created. The term 'General Manager' will be changed to 'Chief Executive Officer' as a better reflection of the responsibilities and expectations of these agency heads.
The change will bring these agencies into line with the majority of other Commonwealth statutory authorities and companies, whose agency heads have the title of Chief Executive Officer. This includes, for instance, the Australia Council for the Arts, Screen Australia, the Australian Film, Television and Radio School and the Australian Sports Commission.
The Chief Executive Officer title is a more appropriate term for agencies that have a board of Directors (as these agencies do), and meets the general expectation that a Chief Executive Officer is more senior than a General Manager. We expect that this change will help the Boards of these agencies to attract a higher calibre of candidate for agency head positions.
A further minor amendment will remove a redundant reference to review under the Administrative Decisions (Judicial Review) Act 1977 for two discontinued Aboriginal Hostels Limited schemes – the Community Support Hostel Grant Scheme and the Student Rent Subsidy Scheme. These schemes have not existed for a number of years, so the reference to them is no longer appropriate.
The provision for handling of information held by Indigenous Business Australia is also being amended. The narrow focus of this provision has, in the past, prevented information from being disclosed to agencies with responsibility for overseeing Commonwealth administrative practices – such as the Ombudsman and the Privacy Commissioner.
It has also prevented information being given to Commonwealth agencies working in joint initiatives with Indigenous Business Australia, and State and Territory agencies seeking to work more closely with Indigenous Business Australia to achieve better outcomes for Aboriginal and Torres Strait Islander people and communities.
The amended provision aims to overcome these difficulties – but only with the continued appropriate protection of sensitive information. The relationship of confidence between Aboriginal and Torres Strait Islander people and the agencies established for their benefit is an important public interest that we need to preserve.
The new provision is also consistent with established information-handling arrangements (such as in the family assistance law and the Paid Parental Leave Act 2010) that protect information while still permitting the proper work of the Commonwealth and its agencies.
Lastly, the Bill amends the Aboriginal Land Rights (Northern Territory) Act 1976 and the Coordinator-General for Remote Indigenous Services Act 2009 in relation to the power to appoint a person to act as the Executive Director of Township Leasing or the Coordinator-General for Remote Indigenous Services.
At present, the power to make these acting appointments must be exercised by the Minister personally, with no capacity to delegate the power.
It will now be possible for the Minister to delegate the power under each Act to the Secretary or a Deputy Secretary of the Department, without the need for the Minister to make acting appointments personally. Appointments can then be made when there is a vacancy in the office – during any period when the Executive Director or Coordinator-General is absent from duty or from Australia, or when the Executive Director or Coordinator-General is, for any reason, unable to perform the duties of the office.
Consumer Credit Protection Amendment (Fees) Bill 2011
Offshore Petroleum and Greenhouse Gas Storage Amendment (National Regulator) Bill 2011
Offshore Petroleum and Greenhouse Gas Storage (Registration Fees) Amendment Bill 2011
Offshore Petroleum (Royalty) Amendment Bill 2011
Offshore Resources Legislation Amendment (Personal Property Securities) Bill 2011
Offshore Petroleum and Greenhouse Gas Storage Regulatory Levies Legislation Amendment (2011 Measures No. 2) Bill 2011
… we learned what happened, what should have happened, and what changes are needed to addresses the deficiencies identified.
The manner in which the Commonwealth government has introduced this legislation without having advised the WA government given that the ongoing negotiations with them were not concluded, is disgraceful.
Further, in Western Australia, the Commonwealth government's actions in doing this imply a totally unacceptable attitude of disrespect over the interests of the sovereign state of Western Australia and the underlying precepts of the federation.
(2) Schedule 2, page 83 (after line 21), after item 427, insert:
427A Paragraph 656(1)(b)
Omit "4 or 6", substitute "at least 5, and not more than 7,".
(1) Clause 2, page 3 (at the end of the table), add:
(3) Page 147 (after line 31), at the end of the bill, add:
Schedule 7—Other amendments
Offshore Petroleum and Greenhouse Gas Storage Act 2006
1 After subsection 478(2)
Insert:(2A) The Titles Administrator must not approve the transfer of a title if the transferee, or any of the transferees, is the subject of a Commission of inquiry that is being conducted, or is to be conducted, by a person appointed under section 780A.
2 Application—transfer of title
The amendment made by item 1 of this Schedule applies in relation to Commissions of inquiry established on or after the commencement of that item, whether the application for a transfer of title was made before, on or after that commencement.
3 At the end of Part 9.1 of Chapter 9
Add:
747A Decisions under this Act must not be the subject of certain declarations
A decision or class of decisions under this Act must not be:
(a) specified as an action or a class of actions; or
(b) accredited as a management arrangement or authorisation process;
for the purposes of a declaration under section 33 of the Environment Protection and Biodiversity Conservation Act 1999 .
Note: Section 33 of the Environment Protection and Biodiversity Conservation Act 1999 allows a declaration to be made that certain environmental actions do not require approval under the Act.
4 Application—decisions under the Act
The amendment made by item 3 of this Schedule applies in relation to declarations made on or after the commencement of that item, whether the decision was made before, on or after that commencement.
5 Before section 780A
Insert:
780AA Applications under this Act may be suspended while Commission of inquiry underway
(1) The Minister may suspend consideration of an application made under this Act by an entity if the entity is the subject of a Commission of inquiry that is being conducted, or is to be conducted, by a person appointed under section 780A.
(2) The suspension continues to have effect until the earlier of the following days:
(a) the Commission of inquiry is completed;
(b) the Minister revokes the suspension.
6 Application—suspension of applications
The amendment made by item 5 of this Schedule applies in relation to Commissions of inquiry established on or after the commencement of that item, whether the application was made before, on or after that commencement.
7 After Part 9.7 of Chapter 9
Insert:
Part 9.7A—Notification of vacated areas
777A Notification of vacated areas
The Titles Administrator must notify the Minister administering the Environment Protection and Biodiversity Conservation Act 1999 of all vacated areas as soon as practicable after the areas come into existence.
8 Application—notifications
The amendment made by item 7 of this Schedule applies in relation to vacated areas that come into existence on or after the commencement of that item.
That these bills be read a third time.
National Health Reform Amendment (National Health Performance Authority) Bill 2011
From July 1, the Commonwealth's share of hospital funding will increase to sixty per cent. … GST retention and dedication to health care will commence.
I regard health care as one of the greatest responsibilities of any government. … If my government is returned to office on August 21, I will pursue our national reforms until the job is done.
We do not believe this is a true statement.
… we consider that it is appropriate, and indeed necessary, for the legislation to outline at least a minimum scope for the areas of performance to be assessed by the Performance Authority.
CHF would like to see more detail about the functions of the Performance Authority …
The legislation as currently drafted is very broad—indeed vague—on the scope, range and detail of data that will be required to be submitted.
… it is difficult to see how the Bill will create the 'backbone of a modern, integrated, high-performing health system' when the Bill itself does not appear to be integrated.
It is unlikely that the Authority, as a single entity, will be able to achieve these objectives ...
This Bill does not provide any details on how the three national governance agencies will work together to deliver improvements in the Australian health system ...
It is not yet clear how the ‘upstream’ National Health Performance Authority proposed in this Bill will connect with ‘downstream’ factors, namely health care providers ...
This Bill ... does not give the Authority any enforcement powers; it cannot compel state and territory governments, private and non-government organisations to provide performance data, and it cannot compel individual providers to make changes that will lead to better performance ...
It is unclear how many primary health care providers will be monitored directly by the ... Authority ...
The frequency of reporting by the National Performance Authority is not specified in the legislation ... the ... Authority is reliant on the goodwill of ... organisations to provide information ...
Currently, the proposed legislation is silent on the arrangements for private hospitals ...
... the lack of any specific provision regarding private hospitals in the ... Bill ... highlights the jurisdictional limits of the Commonwealth.
This lack of detail combined with the lack of power attributed to the Authority raises questions about the extent to which the Authority can achieve its objectives as set out in the Bill ... or as articulated by Government.
It is clear that the legislation fails to recognise the formal role of state and territory governments as majority funders and system managers of public health services including overall responsibility (statutory and political) for the performance of LHNs—
public hospitals and state and territory primary health care services.
I believe the Commonwealth has gone beyond what is contemplated as the role and function. of the National Health Performance Authority in the Heads of Agreement I signed at the COAG meeting on 13 February 2011.
That––
(a) Senators Birmingham and Cormann be appointed as members of the Joint Select Committee on Australia’s Clean Energy Future Legislation.
That the Senate take note of the document.
What I have said is the opposition is crying crocodile tears on human rights standards, given their policy was to tow boats back to sea, the consequence of which was that they risked people drowning at sea.
We believe it's gouging when a person comes up and they want $40 or $60 of their cash and the bank is charging them $1.50 or $2, $2.50... That's a rate of payment which is very, very high—and unfair.
There was a great risk of drowning as a consequence of their deliberate policy to ensure that unseaworthy boats be pursued—
It is a remarkable feat that you think that drowning people at sea is a question of respecting human rights.
It is a remarkable feat that you think that drowning people at sea is a question of respecting human rights.
Has the department contracted for the provision of Employment Assistance Programs for:
(a) staff on Christmas Island; and
(b) staff at other immigration detention facilities
if so:
(a) who is eligible to access these programs at these facilities;
(b) what have been the contractual amounts paid and the corresponding contract periods for these programs at each detention facility since 1 January 2008;
(c) how many people have accessed these programs at each facility in each of these contract periods above or in each 6 month period since 1 January 2008; and
(d) has the department received statistical reports identifying critical issues affecting staff, if so, in each instance and for each facility:
(i) what issues have been identified;
(ii) what numbers or percentage of staff have been affected; and
(iii) what action has been taken to address these issues.
(a) Yes – Davidson Trahaire Corpsych (DTC) is the Department’s contracted provider and provides Employee Assistance Program (EAP) services for staff on Christmas Island.
(b) Yes - EAP programs and services are available for staff at all immigration detention facilities (IDFs).
(a) All departmental staff working at IDFs are eligible to access EAP services. EAP services may also be accessed by interpreter staff following critical incidents.
(b) EAP services, specific to IDFs, were not provided for the period 1 January 2008 to 31 December 2008. Departmental staff working at IDFs prior to 1 January 2009 did have access at all times to the Department’s existing national EAP services.
From 1 January 2009 to 30 June 2011, $2.63 million was paid to DTC for contracted EAP services provided specifically for staff working at IDFs. Table 1 provides a break down of EAP service costs associated with staff working at IDFs since 1 January 2009.
Table 1 – EAP service costs since 1 January 2009
(c) Table 2 shows the number of staff who have accessed EAP services specifically provided by DTC to staff working at IDFs for each six month period since 1 January 2009, when such services commenced.
Table 2 - EAP services provided in each 6 month period since 2009
(d) Yes. Confidential site specific reports are regularly provided by DTC to each IDF manager and the national OHS team.
(i) The issues vary from report to report, but include:
(ii) The overall number of staff accessing EAP services at each IDF is summarised in Table 2. It is not possible to provide the percentage of staff affected by particular issues. The dynamic nature of IDF operations means that the number of staff at each IDF changes and the duration of each deployment can vary. Consequently, percentages can not be accurately calculated.
Further, the Department’s EAP provider reports on the number of instances each service is accessed rather than the number of staff accessing each service. This means that it is not possible to know (for example) whether one person accessed EAP services 13 times, or 13 people accessed the service on one occasion each. Accordingly, it is not possible to report on the percentage of affected staff.
(iii) All critical issues identified by DTC and affecting individual staff are managed by the relevant IDF manager, the Detention Operations Division and appropriate support teams in national office, as required.
With reference to the following answers to questions taken on notice during the 2011-12 Budget estimates hearings of the Community Affairs Legislation Committee:
(1)Question no. E11-392:
(a) what is the value of the consultancies contracts for the 2010-11 financial year;
(b) how many consultancies contracts were undertaken for each of the following financial years, 2008-09 and 2009-10, and for each contract what was its value; and
(c) how many staff were employed in each of the following financial years 2008-09, 2009-10 and 2010-11.
(2) Question no. E11-433, in which $0.5 million was allocated to the Australian Nursing Federation (ANF) to conduct a research study on staffing levels, skills mix and resident care needs in Australian aged care facilities:
(a) how much funding has the ANF received from the department since November 2007;
(b) can a breakdown be provided of that funding;
(c) to procure this funding, did the ANF take part in the usual tender process or grants process; and (d) have details of the $0.5 million grant been published on the AusTender site or the department’s Internet site; if so, when was it published; if not, why not.
(1) (a) During 201-11, the Department entered into a total of 525 new consultancy contracts with a total value of $50,871,382.31.
(b) The Department entered into a total of 451 and 429 consultancy contracts during the 2008-09 and 2009-10 financial years respectively. Details of individual contracts and their values can be found in Section 4.3 of the Department of Health and Ageing Annual reports for the relevant financial years. These reports can be accessed at the following link: http://www.health.gov.au/internet/main/publishing.nsf/Content/Annual+Reports-3
(c) The Department’s staff numbers are recorded as part of the Annual Report process for each financial year. Staff numbers for respective financial years are displayed below.
Staff numbers include:
(2) (a) The Department has entered into nine (9) arrangements with ANF to the total value of $1,032,430.59 since 1 November 2007. These figures are according to the Department’s contract reporting system as at 25 August 2011.
(b) A breakdown of these nine contracts can be found at Attachment A.
(c) In the 2010-11 Budget, the Government announced that it would fund a body of research into the staffing inputs that are adequate to provide good quality care, supervision and support for particular resident profiles. The Department received a submission from the ANF which met the requirements of this research project and delivered value for money. A grant was then provided in accordance with the Commonwealth Grant Guidelines.
(d) Due to an administrative error, details of the grant provided to conduct a research study on staffing levels, skills mix and residential care needs were initially posted on the AusTender site on 14 July 2011, as opposed to the grants reporting webpage of the Department’s internet site. Details of the grant were removed from AusTender and published on the Department’s grants reporting webpage on 15 August 2011.
ATTACHMENT A
Can a list be provided of all office locations that the department leases or owns, including the following details for each location:
(a) office size;
(b) if leased, annual lease payments and lease cost per square metre;
(c) if leased, the length of the lease, including any options to terminate the
lease;
(d) the value of any buildings owned; and
(e) depreciation costs on buildings that are owned.
The Department owns three buildings that are used as office accommodation:
The Department leases two office premises, as listed below:
The Department also occupies office accommodation in Canberra, Newcastle, Orange, Wollongong, Townsville, Hobart and Bendigo. The Department of Infrastructure and Transport is the lessor of these offices. Facilities are provided to the Department under a shared service arrangement with the intial term being 1 October 2010 until 30 June 2012.
Can details be provided on the budgeted expenditure for the following items for each year of the forward estimates:
(a) advertising;
(b) travel and accommodation costs;
(c) hospitality and entertainment costs;
(d) information and communications technology costs;
(e) consultancies;
(f) education and training;
(g) external accounting;
(h) external auditing (not included in accounting costs);
(i) external legal costs; and
(j) costs associated with the membership of organisations.
The department has allocated resources for the following expenditure items in 2011-12:
(a) advertising - $0.01 million.
(d) information and communications technology costs - $2.1 million: includes desktop support, help desk, gateway, internet, and financial management information system.
(f) education and training - $0.5 million.
(g) external accounting- $0.1 million: includes asset valuations and actuarial assessments of provisions.
(h) external auditing (not included in accounting costs) - $0.4 million ANAO financial statement audit.
(i) external legal costs - $0.4 million for legal costs and subpoena matters.
Specific budgets have not been allocated for items b, c, e and j. These costs will be met from broader budget allocations to business units.
As at 26 August 2011, forward year expenditure budgets have not been developed for the items listed above.
Can details be provided of who has applied for a visa to attend the Commonwealth Heads of Government Meeting to be held in Perth in October 2011 as part of the delegation from Sri Lanka.
Privacy legislation prevents the release of any information pertaining to visa applications made by individuals unless the person to whom the information refers gives permission.
All applicants for visas for Australia must satisfy criteria specific to the type of visa applied for. Criteria are set in legislation, and if an applicant meets the criteria, by law they must be granted a visa. If they fail to meet the criteria, then by law they cannot be granted a visa.
What salary and allowances are paid to the Minister for Climate Change and Energy Efficiency?
The Minister for Climate Change and Energy Efficiency receives the same parliamentary base salary as every member of the Parliament receives; the additional salary payable to Cabinet Ministers as determined by the Remuneration Tribunal; and other allowances in accordance with relevant legislation and determinations.