The PRESIDENT (Senator the Hon. John Hogg) took the chair at 10:00, read prayers and made an acknowledgement of country.
Clean Energy Bill 2011
Clean Energy (Consequential Amendments) Bill 2011
Clean Energy (Income Tax Rates Amendments) Bill 2011
Clean Energy (Household Assistance Amendments) Bill 2011
Clean Energy (Tax Laws Amendments) Bill 2011
Clean Energy (Fuel Tax Legislation Amendment) Bill 2011
Clean Energy (Customs Tariff Amendment) Bill 2011
Clean Energy (Excise Tariff Legislation Amendment) Bill 2011
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2011
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment Bill 2011
Clean Energy (Unit Shortfall Charge—General) Bill 2011
Clean Energy (Unit Issue Charge—Auctions) Bill 2011
Clean Energy (Unit Issue Charge—Fixed Charge) Bill 2011
Clean Energy (International Unit Surrender Charge) Bill 2011
Clean Energy (Charges—Customs) Bill 2011
Clean Energy (Charges—Excise) Bill 2011
Clean Energy Regulator Bill 2011
Climate Change Authority Bill 2011
The Latrobe Valley remains an important energy exporting region, even as existing coal plant is retired. The Latrobe Valley has significant transmission and distribution networks, making it ideal for investment in new and cleaner energy sources. Both modellers show more generation capacity located in the Latrobe Valley in 2050 than today, despite the eventual retirement of all existing emission-intensive brown coal generators. However, the results of the modellers vary considerably in the timing of retirements, and the composition and timing of new generation capacity.
(5) Clause 5, page 14 (lines 1 to 3), omit the definition of emissions intensity .
(18) Clause 161, page 214 (line 8) to page 216 (line 6), omit subclauses (2) to (4), substitute:
Issue of free units
(2) On each of the following days:
(a) 1 September in the eligible financial year beginning on 1 July 2013;
(c) 1 September in the eligible financial year beginning on 1 July 2014;
(d) 1 September in the eligible financial year beginning on 1 July 2015;
(e) 1 September in the eligible financial year beginning on 1 July 2016;
the Regulator must issue a number of free carbon units equal to the number of units specified in the certificate as the annual assistance number.
Note: For annual assistance number, see section 167.
(19) Clause 161, page 216 (line 12), omit "or (3)".
(20) Clause 161, page 217 (line 24), omit "or (3)".
(21) Clause 161, page 217 (line 30), omit "or (3)".
(22) Clause 161, page 218 (line 3), omit "or (3)".
(23) Clause 165, page 221 (lines 12 to 15), omit subclause (3), substitute:
(3) A certificate of eligibility for coal-fired generation assistance must state that a specified number is the annual assistance number in respect of the generation complex.
Note: The annual assistance number is worked out under section 167.
(24) Clause 166, page 222 (lines 27 and 28), omit paragraph (2)(c), substitute:
(c) the emissions intensity of the generation complex is above a threshold of:
(i) 1,000 tonnes of carbon dioxide equivalent per $1,000,000 of revenue; or
(ii) 3,000 tonnes of carbon dioxide equivalent per $1,000,000 of value added.
(25) Clause 166, page 222 (line 29), omit the note.
(26) Clause 166, page 223 (lines 3 to 5), omit subclause (4).
(27) Clause 167, page 223 (lines 6 to 30), omit the clause, substitute:
167 Annual assistance number
(1) The annual assistance number to be specified in a certificate of eligibility for coal-fired generation assistance in respect of a generation complex is a number equal to 100% of the units above the emissions intensive baseline for the generation complex.
(2) For the purposes of subsection (1), the emissions intensive baseline for a generation complex is calculated in accordance with the method set out in the electricity generation benchmark scheme.
Note: For the electricity generation benchmark scheme, see Part 8A.
(31) Clause 281, page 330 (table item 32, 2nd column), omit "factor", substitute "number".
(32) Clause 303B, page 355 (lines 6 and 7), omit paragraph (4)(b), substitute:
(b) the emissions intensity of the complex is above a threshold of:
(i) 1,000 tonnes of carbon dioxide equivalent per $1,000,000 of revenue; or
(ii) 3,000 tonnes of carbon dioxide equivalent per $1,000,000 of value added.
(33) Clause 303B, page 355 (line 8), omit the note.
(34) Clause 303B, page 355 (line 19), omit "or 168".
(35) Clause 303B, page 355 (line 22), omit "sections 5 and 168", "substitute "section 5".
(36) Clause 303B, page 355 (line 23), omit "sections 5 and 168", "substitute "section 5".
Sustainably managed forests can provide greater carbon mitigation benefits than unmanaged forests, while delivering a wide range of environmental and social benefits including timber and biomass resources, jobs and economic opportunities, clean water, wildlife habitat, and recreation.
(6) Clause 5, page 14 (after line 24), after the definition of exempt landfill emissions , insert:
expert advisory committee means a committee established under section 12C.
(7) Clause 5, page 14 (before line 25), before the definition of externally - administered body corporate , insert:
expert advisory committee member means a member of an expert advisory committee, and includes the Chair of an expert advisory committee.
(8) Page 25 (after line 8), at the end of Part 1, add:
12A Voluntary action
Object
(1) The object of this section is to establish a mechanism to take into account voluntary action on climate change by entities other than liable entities so that:
(a) there remains an incentive for such voluntary action; and
(b) the impact of such voluntary action does not reduce the obligations of liable entities under this Act or the regulations.
Advisory committee on voluntary action
(2) The Minister must establish an independent expert advisory committee with the following functions:
(a) to estimate for each year the level of voluntary action on climate change;
(b) to determine for each year, in writing, a voluntary action adjustment amount.
Note: Expert advisory committees are established under Part 1A.
(3) In undertaking its work, the committee must:
(a) consult broadly; and
(b) call for, accept and consider submissions from organisations and individuals about voluntary action undertaken and proposed to be undertaken; and
(c) publish on its website, at least twice a year, reports on its activities and its methods of estimating and accounting for voluntary action.
Voluntary action adjustment amount
(4) The voluntary action adjustment amount for any year is an amount by which the committee determines the carbon pollution cap number for the following year must be reduced to account for voluntary action on climate change without reducing the obligations of liable entities under this Act.
(5) The regulations may prescribe any of the following:
(a) factors the committee may take into account in determining the voluntary action adjustment amount for any year;
(b) factors the committee must take into account in determining the voluntary action adjustment amount for any year;
(c) a method of estimating the voluntary action adjustment amount for a year.
(6) A determination under paragraph (2)(b) is not a legislative instrument.
Interpretation
(7) In this section:
voluntary action on climate change means voluntary action taken by entities other than liable entities to reduce or offset greenhouse gas emissions, which is not otherwise accounted for under this Act.
12B Adjustment of carbon pollution cap number
Despite any other provision of this Act or the regulations, if the committee established under section 12A determines an amount as the voluntary action adjustment amount for a year, the carbon pollution cap number for the following year is taken to be reduced by that amount.
(9) Page 26 (before line 1), before Part 2, insert:
Part 1A—Expert advisory committees
12C Establishment of expert advisory committees
(1) The Minister may, by writing, establish committees, to be known as expert advisory committees.
(2) An instrument made under subsection (1) is not a legislative instrument.
12D Functions of an expert advisory committee
An expert advisory committee has the functions that are conferred on it by this Act or the regulations.
12E Membership of an expert advisory committee
An expert advisory committee consists of the following members:
(a) a Chair;
(b) at least 2, but not more than 4, other members.
12F Appointment of expert advisory committee members
(1) Each expert advisory committee member is to be appointed by the Minister by written instrument.
(2) A person is not eligible for appointment as an expert advisory committee member unless the Minister is satisfied that the person has:
(a) substantial experience or knowledge; and
(b) significant standing;
in at least one of the following fields:
(c) economics;
(d) law;
(e) Australian industry;
(f) climate science;
(g) energy measurement and reporting;
(h) greenhouse gas emissions measurement and reporting;
(i) greenhouse gas abatement;
(j) financial markets;
(k) trading of environmental instruments.
(3) The Minister must ensure that:
(a) the Chair of an expert advisory committee is not a person covered by subsection (4); and
(b) a majority of the other expert advisory committee members are not persons covered by subsection (4).
(4) This subsection applies to the following persons:
(a) an employee of the Commonwealth;
(b) an employee of an authority of the Commonwealth;
(c) a person who holds a full-time office under a law of the Commonwealth.
(5) A person is not eligible for appointment as an expert advisory committee member if the person is a director, officer or employee of another person who is a liable entity for the eligible financial year in which the appointment is made.
(6) An expert advisory committee member holds office on a part-time basis.
12G Period of appointment for expert advisory committee members
An expert advisory committee member holds office for the period specified in the instrument of appointment. The period must not exceed 5 years.
12H Acting expert advisory committee members
Acting Chair of expert advisory committee
(1) The Minister may appoint an expert advisory committee member to act as the Chair of an expert advisory committee:
(a) during a vacancy in the office of the expert advisory committee Chair (whether or not an appointment has previously been made to the office); or
(b) during any period, or during all periods, when the Chair of an expert advisory committee:
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Acting expert advisory committee member (other than the Chair)
(2) The Minister may appoint a person to act as an expert advisory committee member (other than the Chair of an expert advisory committee):
(a) during a vacancy in the office of an expert advisory committee member (other than the Chair of an expert advisory committee), whether or not an appointment has previously been made to the office; or
(b) during any period, or during all periods, when an expert advisory committee member (other than the Chair of an expert advisory committee):
(i) is absent from duty or from Australia; or
(ii) is, for any reason, unable to perform the duties of the office.
Eligibility
(3) A person is not eligible for appointment to act as:
(a) the Chair of an expert advisory committee; or
(b) an expert advisory committee member (other than the Chair of an expert advisory committee);
unless the person is eligible for appointment as an expert advisory committee member.
Note: See subsection 12F(2).
12J Procedures
(1) The regulations may prescribe the procedures to be followed at or in relation to meetings of an expert advisory committee, including matters relating to the following:
(a) the convening of meetings of the expert advisory committee;
(b) the number of expert advisory committee members who are to constitute a quorum;
(c) the selection of an expert advisory committee member to preside at meetings of the expert advisory committee in the absence of the Chair of the expert advisory committee;
(d) the manner in which questions arising at a meeting of the expert advisory committee are to be decided.
(2) A resolution is taken to have been passed at a meeting of an expert advisory committee if:
(a) without meeting, a majority of expert advisory committee members indicate agreement with the resolution in accordance with the method determined by the expert advisory committee under subsection (3); and
(b) all expert advisory committee members were informed of the proposed resolution, or reasonable efforts had been made to inform all expert advisory committee members of the proposed resolution.
(3) Subsection (2) applies only if the expert advisory committee:
(a) determines that it applies; and
(b) determines the method by which expert advisory committee members are to indicate agreement with resolutions.
12K Disclosure of interests to the Minister
An expert advisory committee member must give written notice to the Minister of all interests, pecuniary or otherwise, that the member has or acquires and that conflict or could conflict with the proper performance of the member's functions.
12L Disclosure of interests to expert advisory committee
(1) An expert advisory committee member who has an interest, pecuniary or otherwise, in a matter being considered or about to be considered by the expert advisory committee must disclose the nature of the interest to a meeting of the expert advisory committee.
(2) The disclosure must be made as soon as possible after the relevant facts have come to the expert advisory committee member'sknowledge.
(3) The disclosure must be recorded in the minutes of the meeting of the expert advisory committee.
(4) Unless the expert advisory committee otherwise determines, the expert advisory committee member:
(a) must not be present during any deliberation by the expert advisory committee on the matter; and
(b) must not take part in any decision of the expert advisory committeewith respect to the matter.
(5) For the purposes of making a determination under subsection (4), the expert advisory committee member:
(a) must not be present during any deliberation of the expert advisory committeefor the purpose of making the determination; and
(b) must not take part in making the determination.
(6) A determination under subsection (4) must be recorded in the minutes of the meeting of the expert advisory committee.
12M Outside employment
An expert advisory committee member must not engage in any paid employment that conflicts or may conflict with the proper performance of his or her duties.
12N Remuneration and allowances
(1) An expert advisory committee member is to be paid the remuneration that is determined by the Remuneration Tribunal. If no determination of that remuneration by the Tribunal is in operation, the member is to be paid the remuneration that is prescribed.
(2) An expert advisory committee member is to be paid the allowances that are prescribed.
(3) This section has effect subject to the Remuneration Tribunal Act 1973 .
12P Leave of absence
(1) The Minister may grant leave of absence to the Chair of an expert advisory committee on the terms and conditions that the Minister determines.
(2) The Chair of an expert advisory committee may grant leave of absence to an expert advisory committee member on the terms and conditions that the Chair determines.
12Q Resignation
(1) An expert advisory committee member may resign his or her appointment by giving the Minister a written resignation.
(2) The resignation takes effect on the day it is received by the Minister or, if a later day is specified in the resignation, on that later day.
12R Termination of appointment
(1) The Minister may terminate the appointment of an expert advisory committee member for misbehaviour or physical or mental incapacity.
(2) The Minister may terminate the appointment of an expert advisory committee member if:
(a) the member:
(i) becomes bankrupt; or
(ii) applies to take the benefit of any law for the relief of bankrupt or insolvent debtors; or
(iii) compounds with his or her creditors; or
(iv) makes an assignment of remuneration for the benefit of his or her creditors; or
(b) the member is absent, except on leave of absence, for 3 consecutive meetings of the expert advisory committee of which he or she is a member; or
(c) the member engages in paid employment that conflicts or may conflict with the proper performance of his or her duties (see section 12M); or
(d) the member fails, without reasonable excuse, to comply with section 12K or 12L.
(3) The Minister may terminate the appointment of the Chair of an expert advisory committee if the Chair is:
(a) an employee of the Commonwealth; or
(b) an employee of an authority of the Commonwealth; or
(c) a person who holds a full-time office under a law of the Commonwealth.
(4) The Minister may terminate the appointment of an expert advisory committee member if the member is a director, officer or employee of another person who is, or is likely to be, a liable entity for the eligible financial year in which the termination occurs.
12S Other terms and conditions
An expert advisory committee member holds office on the terms and conditions (if any) in relation to matters not covered by this Act that are determined by the Minister.
12T Assistance to expert advisory committee
(1) Any or all of the following:
(a) the Regulator;
(b) the Department;
(c) any other Department, agency or authority of the Commonwealth;
may assist an expert advisory committee in the performance of its functions.
(2) The assistance may include the following:
(a) the provision of information;
(b) the provision of advice;
(c) the making available of resources and facilities (including secretariat services and clerical assistance).
12U Consultants
(1) The Chair of an expert advisory committee may, on behalf of the Commonwealth, engage persons having suitable qualifications and experience as consultants to the committee.
(2) The consultants are to be engaged on the terms and conditions that the Chair determines in writing.
Thinning treatments can restore forest health and double carbon stores.
For the purposes of this Act, a covered emission from the operation of a facility does not include emissions attributable to the combustion of:
(a) biomass; or
(b) biofuel; or
(c) biogas.
Issue of units
(2) The Regulator must not issue one or more carbon units to a person as the result of an auction unless the person has lodged a deposit that relates to the total amount of charges payable for, or imposed on, the issue of the units.
Note: For rules about deposits, see section 113.
When balance of charge for a unit is payable
(2A) The balance of the charge for the issue of a carbon unit is payable in the year corresponding to the vintage year of the carbon unit.
(2) Clause 113, page 149 (after line 25), after subclause (4), insert:
(4A) A deposit specified under paragraph (2)(n) must not be greater than 10% of the total amount of charges payable for, or imposed on, the issue of carbon units to a person as the result of an auction.
That so much of standing order 142 be suspended as would prevent further consideration of the bills without limitation of time.
That the question be now put.
That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion relating to the Senate’s condemnation of those Labor Senators and House of Representatives members that have betrayed the solemn trust placed in them by the Australian people.
... what we rejected is this hysterical allegation that somehow we are moving towards a carbon tax ...
We have made our position very clear. We have ruled it out.
Steel Transformation Plan Bill 2011
Senator Chris Evans
Leader of the Government in the Senate
Minister for Tertiary Education, Skills, Jobs and Workplace Relations
Tuesday 8 November 2011
Response to Question from Senator Bob Brown at Senate Question Time, Monday 7 November
Senator Brown asked a question about parliamentary debate on Australia's continuing involvement in Afghanistan.
As the Senate is aware, on 19 October last year the Prime Minister made a ministerial statement on Australia's involvement in Afghanistan.
In the course of her statement the Prime Minister advised the House of Representatives: "I will make a statement like this one to the House each year that our Afghanistan involvement continues."
I am advised that Prime Minister proposes to make a ministerial statement on this matter in the week commencing 21 November.
There will be an opportunity for Members and Senators, including Senator Brown, to note that statement in that week.
That the Senate take note of the answers given by the Minister for Finance and Deregulation (Senator Wong) to questions without notice asked by Senators Brandis and Cormann, the Leader of The Nationals in the Senate (Senator Joyce) and Senator McKenzie today relating to the carbon tax.
ELECTION NOW !!!!!!!!!!!!
THIS CARBON DIOXIDE (PLANT FOOD) TAX IS COMMUNISM !!!!!!!!!!!
AUSTRALIANS WILL NEVER FORGIVE OR FORGET THIS TREASON !!!!!!
THIS CARBON DIOXIDE (PLANT FOOD) TAX MEANS THAT THERE WILL NEVER EVER BE ANOTHER ALP OR GREENS (REDS) POLITICIAN IN THE HISTORY OF AUSTRALIA !!
YOU HAVE ALL SIGNED YOUR POLITICAL DEATH SENTENCES !!
ALL AUSTRALIANS HATE YOU ALL MORE THAN SATAN !
DEVIL'S SPAWN !!!!!!!!!!
COMMUNISTS !!!!
SOARING power costs have helped seal the fate of Rio Tinto's struggling aluminium business, with the mining giant putting four Australian and New Zealand smelters … on the market.
That the Senate take note of the answer given by the Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) to a question without notice asked by Senator Rhiannon today relating to logging and threatened species.
That leave of absence be granted to Senator Johnston for 9 November 2011, on account of parliamentary business.
That the time for the presentation of the report of the Education, Employment and Workplace Relations Legislation Committee on the provisions of the Education Services for Overseas Students Legislation Amendment (Tuition Protection Service and Other Measures) Bill 2011 and two related bills be extended to 27 February 2012.
That the time for the presentation of the report of the Finance and Public Administration Legislation Committee on the performance of the Department of Parliamentary Services be extended to 28 June 2012.
That the time for the presentation of the report of the Economics Legislation Committee on the provisions of the Consumer Credit and Corporations Legislation Amendment (Enhancements) Bill 2011 be extended to 30 November 2011.
That the Parliamentary Joint Committee on Corporations and Financial Services be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Monday, 21 November 2011, from 10 am.
(a) notes:
(i) that the International Atomic Energy Agency will report on 8 November 2011 on the Implementation of the NPT Safeguards Agreement and relevant provisions of Security Council resolutions in the Islamic Republic of Iran , and
(ii) recent statements regarding potential military strikes on Iran; and
(b) calls on the Government to intensify diplomatic efforts through the Australian delegations in Vienna, Geneva and New York aimed towards a peaceful solution to this situation.
That the time for the presentation of the report of the Community Affairs References Committee on the regulatory standards for the approval of medical devices be extended to 22 November 2011.
That the Senate—
(a) notes the unique biodiversity and natural heritage of the Coral Sea that is home to the critically endangered hawksbill sea turtle and endangered green turtle;
(b) recognises that 2012 will be the 70th anniversary of the historically important Battle of the Coral Sea in 1942 that changed the face of World War II; and
(c) calls on the Government to declare the Coral Sea the world’s largest marine national park.
That general business notice of motion no. 533 be postponed till the next day of sitting.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
Prime Minister Julia Gillard's failure to lead the country with integrity and failure to act in the national interest.
We are indeed grateful to the federal government for their generous gift to St Anthony. It's an extraordinary privilege. Senator Mark Furner, please pass on to Prime Minister Julia Gillard and the federal government our sincere thanks as a result this funding has assisted local trades people, families and communities to participate in activities to support achievement to develop learning potential …
On behalf of the staff and the students and all members of the Loganlea State High school community I would like to extend our very sincere thanks to the federal government for this wonderful facility with leading-edge technologies and modern multi-purpose learning spaces.
For an American it's totally befuddling. The fact is, your deficit, your debt is very low.
For me, what I find so ironical, is you have the same people saying we need to worry about the deficit and saying but by the way we shouldn't get the full value of our resources for our future children. It doesn't make any sense to me.
We have put a carbon floor price in through our budget and I think other countries are looking at this. If you want to get control of global emissions, if you want to deal with this issue, then the market is an effective way of doing that. It's often not enough on its own.
Prime Minister Julia Gillard’s failure to lead the country with integrity and failure to act in the national interest.
Political extremism involves two prime ingredients: an excessively simple diagnosis of the world's ills, and a conviction that there are identifiable villains back of it all.
That senators be discharged from and appointed to the Legal and Constitutional Affairs Legislation Committee as follows:
Appointed—
Substitute members:
Senator Ludlam to replace Senator Wright for the committee's inquiry into the provisions of the Classification (Publications, Films and Computer Games) Amendment (Online Games) Bill 2011
Senator Hanson-Young to replace Senator Wright for the committee's inquiry into the Deterring People Smuggling Bill 2011
Participating member: Senator Wright.
Steel Transformation Plan Bill 2011
and that the Government, in allocating funds under the Steel Transformation Plan, pay particular demand to the Green Jobs Illawarra Action Plan and any other similar plans in other affected regions.
… the Government will introduce a Steel Transformation Plan which will deliver assistance worth up to $300 million over five years to encourage investment and innovation in the Australian steel manufacturing industry.
If MPs like Ms Fierravanti-Wells vote against the Steel Transformation Plan in the Senate, they should be run out of town.
These support measures are in addition to the new advance facility announced by the Government today that will allow BlueScope to bring forward up to $100 million of payments under the Government's Steel Transformation Plan.
… support the Australian steel manufacturing industry to ensure its long-term economic and environmental sustainability in a low carbon economy.
… to someone in recognition of loss, suffering, or injury.
The Government has listened to our arguments and our deep concerns about the carbon tax. In the STP—
it has produced a package that, if implemented as explained to us, deals with the steel sector's carbon tax issues in a significant way for the first four years.
Through this sectoral approach, and in particular the announcement of the STP, our concerns about the adverse impacts of the proposed carbon tax on our competitive position have been recognised and substantially addressed ...
We’re pleased to see that the Government has worked with industry and the AWU to design a number of specialist programs to secure the jobs of our members and support our industries as the global economy shifts towards new energy sources. These multi-billion dollar programs have been welcomed by many of our major employers. In particular, the steel sector has secured a massive win with the $300 million Steel Transformation Plan.
There is one point that is very important to understand. A nation without a steel industry is a nation without a manufacturing industry. It is also a nation without a defence industry.
Without the steel industry of this country we lose thousands of jobs—
and we lose export opportunity.
It defies logic that a nation like ours, with natural resources in iron ore and coal, with leading infrastructure, leading technology and a massive improvement in labour productivity, cannot see itself developing an expanded steel making industry.
Ultimately, the carbon tax risks compromising the competitiveness of our agricultural industry.
Our domestic agricultural industry competes on an international playing field—one that is no longer even when it comes to carbon. Overwhelmingly countries across the world are developing climate policies that recognise the importance of agriculture and prevent additional costs being added into their farmers’ businesses.
At the end of the motion, add: "and that the Government, in allocating funds under the Steel Transformation Plan, pay particular regard to the Green Jobs Illawarra Action Plan and any other similar plans in other affected regions".
'Goodbye. They will be off the map …'
It's ridiculous to consider (a carbon tax) when you don't have other countries that are prepared to adopt a common approach," he said. " … Should we be the trail-blazer?"
If one job is gone, our support is gone.
The Greens are a fraudulent brand. There are not enough letters of the alphabet to encompass the image fraud this party is perpetrating on the electorate. It is simply not a party preoccupied with the environment.
Our investigation focused on Mr Thomson still being the then current public officer. Recently he provided a statutory declaration indicating that he had resigned his position as public officer in 2007. We then took action to interview members of the management committee of the association and we spoke to the nominated secretary of the association.
Ms Stevens provided us with a statutory declaration just in the past week, which indicates that she believes that the organisation became defunct in a period around 2007 because it had insufficient members to hold a quorum …
She did not state when in 2007, but she did say 2007. She indicated also that the association had no bank account and had never received funds or raised income. On the basis of that statutory declaration, which is a sworn statement, we have decided to cancel the registration of the association.
In her declaration to Fair Trading she indicates that she contacted Fair Trading at some stage and had a discussion with Fair Trading. She was not precise about the dates on which that occurred or who she spoke to, but she has made that statement as part of her most recent response to us.
As I understand it, Ms Stevens indicated—not in these terms—to one of my officers that she believed funding had been received from the Health Services Union, or other sources, to fund some of the activities of the association.
It is not reflected in her statutory declaration.
Did your officer, in conversation with them, form the opinion that there was other than Health Services Union money being channelled into this body, Coastal Voice?
On the basis of that conversation alone we would have no knowledge about whether there were other funding sources or other organisations paying for products badged under the title of the association.
The assertion is that they never existed. There was never a bank account and you cannot make financial statements if you do not have a bank account unless someone runs it in a somewhat unique way.
Coastal Voice had a website whose domain was registered to the national office of the Health Services Union—a union that was run by Mr Thomson.
(1) The funds of the association are to be derived from entrance fees and annual subscriptions of members, donations and, subject to any resolution passed by the association in general meeting, such other sources as the committee determines.
(2) All money received by the association must be deposited as soon as practicable and without deduction to the credit of the association's bank account.
(3) The association must, as soon as practicable after receiving any money, issue an appropriate receipt.
… any individual who is a Vietnamese national, Vietnamese-American, or United States veteran who was exposed to agent grange, or the progeny of such an individual, and who has a disease or disability associated with this exposure.
Further to the answer to a question (House of Representatives Hansard , 28 February 2007, p. 192) in writing, on what dates have Australian consular officials: (a) visited; or (b) otherwise had contact with, Mr Jean-Philippe Wispelaere since February 2007.
(a) Australian consular officials visited Mr Wispelaere on 12 October 2007, 1 May 2008, 22 January 2009, 31 July 2009, 21 November 2009, 27 January 2010, 23 July 2010, 04 October 2010 and 27 May 2011.
(b) Additional contact with Mr Wispelaere was made on 8 August 2007, 19 June 2008, 15 November 2008, 07 July 2009, 04 February 2010, 10 March 2010, 04 August 2010, 30 December 2010, 01 April 2011 and 28 June 2011.
(1) Can a list be provided of the names of businesses that have received the microbrewery excise refund.
(2) Can a breakdown be provided by financial year, of the number of businesses that have claimed this refund since its introduction.
(1) Due to the operation of the secrecy provisions under Division 355, Schedule 1 of the Tax Administration Act 1953 (particularly section 355-25) the Commissioner of Taxation is unable to disclose information concerning the taxation affairs of individual taxpayers. The information requested does not fall within the exceptions set out in this division.
(2) The table below outlines the number of taxpayers that have claimed the microbrewery excise refund since 1 July 2003.
Note – the microbrewery excise refund commenced on 1 July 2000, however the Excise Collection System only holds data from 1 July 2003.