The PRESIDENT (Senator the Hon. John Hog g) took the chair at 12:30, read prayers and made an acknowledgement of country.
That, on Tuesday, 18 June 2013:
(a) the hours of meeting shall be 12.30 pm to 6.30 pm and 7 pm to adjournment;
(b) any proposal pursuant to standing order 75 shall not be proceeded with;
(c) that consideration of government documents under standing order 57(b) (x) be not proceeded with;
(d) that business be interrupted at 5 pm but not so as to interrupt a senator speaking to enable valedictory statements be made relating to Senator Crossin;
(e) that the routine of business from not later than 7 pm shall be government business only and the following government business orders of the day shall have precedence over all government business:
(i) Parliamentary Service Amendment (Freedom of Information) Bill 2013,
(ii) Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013, and
(iii) Australia Council Bill 2013 and a related bill; and
(f) the question for the adjournment of the Senate shall be proposed at 10 pm.
Omit paragraphs (a) to (f) and add:
(a) Any proposal pursuant to standing order 75 shall not be proceeded with; and
(b) That business be interrupted at 5pm but not so as to interrupt a senator speaking to enable valedictory statements to be made relating to Senator Crossin
That the question be put.
The Senate divided. [12:58]
(The President—Senator Hogg)
[The Senate divided. [13:02]
(The President—Senator Hogg)
That the question be now put.
The Senate divided. [13:06]
(The President—Senator Hogg)
Environment Protection and Biodiversity Conservation Amendment Bill 2013
The Minister must not approve, for the purposes of the controlling provision, the taking of the action, unless the Minister is satisfied that any owner, and any occupier, of land that would be likely to be affected by the taking of the action:
(a) has obtained independent legal advice; and
(b) has obtained independent advice in relation to the likely impacts of the taking of the action; and
(c) has freely given informed consent in relation to the taking of the action.
50. The holder of any licence or lease under this Act shall not carry out any prospecting or mining operations or erect any works on the surface of any land which is under cultivation unless the owner or the owner and occupier, as the case may be, of such land has or have consented thereto:
Provided that—
(a) the Minister may, if he considers that the circumstances so warrant, define an area of the prospecting or mining operations may be carried out or works may be erected, and may specify the nature of the operations to be carried out or the works to be erected, but before any such operations are commenced or works are erected, the warden shall assess the amount to be paid as compensation for any loss of or damage to any crop on such cultivated land;
(b) cultivation for the growth and spread of pasture grasses shall not be deemed to be cultivation within the meaning of this section unless, in the opinion of the Minister, the circumstances so warrant; and
(c) in the case of dispute as to whether land is or is not under cultivation within the meaning of this section the Minister's decision thereon shall be final.
That the Senate take note of the answers given by the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) and the Minister for Finance and Deregulation (Senator Wong) to questions without notice asked by Senators Cash and Cormann today relating to asylum seekers.
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 Whish-Wilson today relating to funding under the Tasmanian Forestry Agreement.
That the Customs (Drug and Alcohol Testing) Regulation 2013, contained in Select Legislative Instrument No. 2 of 2013, and made under the Customs Administration Act 1985, be disallowed.
SELECTION OF BILLS COMMITTEE
REPORT NO. 6 OF 2013
1. The committee met in private session on Monday, 17 June 2013 at 8.41 pm.
2. The committee resolved to recommend—That—
(a) the provisions of the African Development Bank Bill 2013 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 August 2013 (see appendix 1 for a statement of reasons for referral);
(b) the Australian Education Bill 2013 and the provisions of the Australian Education (Consequential and Transitional Provisions) Bill 2013 be referred immediately to the Education, Employment and Workplace Relations Legislation Committee for inquiry and report by 20 August 2013 (see appendices 2 and 3 for statements of reasons for referral);
(c) the provisions of the Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 4 for a statement of reasons for referral);
(d) the Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 be referred immediately to the Foreign Affairs, Defence and Trade Legislation Committee for inquiry and report by 20 August 2013 (see appendices 5 and 6 for statements of reasons for referral);
(e) the provisions of the Homelessness Bill 2013 and the Homelessness (Consequential Amendments) Bill 2013 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 25 June 2013 (see appendix 7 for a statement of reasons for referral);
(f) the provisions of the Migration Amendment (Offshore Resources Activity) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 8 for a statement of reasons for referral);
(g) the provisions of the Migration Amendment (Temporary Sponsored Visas) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 9 for a statement of reasons for referral);
(h) the Privacy Amendment (Privacy Alerts) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 24 June 2013 (see appendix 10 for a statement of reasons for referral);
(i) the provisions of the Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 20 August 2013 (see appendix 11 for a statement of reasons for referral); and
(j) the Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Bill 2013 be referred immediately to the Economics Legislation Committee for inquiry and report by 24 June 2013 (see appendix 12 for a statement of reasons for referral).
3. The committee resolved to recommend—That the following bills not be referred to committees:
The committee recommends accordingly.
4. The committee considered the following bills and, noting that they had been referred to committees pursuant to the order of the Senate of 15 May, resolved to make no recommendation:
5. The committee deferred consideration of the following bills to its next meeting:
(Anne McEwen)
Chair
17 June 2013
Appendix 1
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
African Development Bank Bill 2013
Reasons for referral/principal issues for consideration:
Consideration of the additional financial and human resources required by the Commonwealth Treasury and the Australian Agency for International Development to support Australia's engagement with the African Development Bank Group
Consideration of the effectiveness of the African Development Bank Group's governance structures.
Possible submissions or evidence from:
Commonwealth Treasury
Australian Agency for International Development
Committee to which bill is to be referred:
Senate Standing Committee on Foreign Affairs, Defence and Trade
Possible hearing date(s):
June / July
Possible reporting date:
20 August 2013
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 2
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Australian Education Bill 2013 (third reading print)
Australian Education (Consequential and Transitional Provisions) Bill 2013
Reasons for referral/principal issues for consideration:
To scrutinise the amendments to the Australian Education Bill, and examine the Australian Education (Consequential and Transitional Provisions) Bill 2013.
Possible submissions or evidence from:
Non-government school authorities
State Governments
Peak bodies representing teachers
Peak bodies representing parents
Committee to which bill is to be referred:
Education, Employment and Workplace Relations
Possible hearing date(s):
June / July
Possible reporting date:
August
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 3
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
(signed)
Senator McEwen
Whip/Selection of Bills Committee Member
Appendix 4
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Crimes Legislation Amendment (Law Enforcement Integrity, Vulnerable Witness Protection and Other Measures) Bill 2013
Reasons for referral/principal issues for consideration:
There are issues to examine regarding the amendments relating to people smuggling and the use of wrist x-rays.
Possible submissions or evidence from:
AFP
Customs
DIAC
Medical experts
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
To be determined by the committee
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 5
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013
Reasons for referral/principal issues for consideration:
To examine land use and land management issues
Possible submissions or evidence from:
Department of Defence
Department of Resources
Traditional Landowners
Committee to which bill is to be referred:
Foreign Affairs, Defence and Trade
Possible hearing date(s):
June / July
Possible reporting date:
Mid August
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 6
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013.
Reasons for referral/principal issues for consideration:
While a review of the proposal to open up the Woomera area was canvassed by the Hawke Review, the exposure draft was open for public comment from 8-13 May, insufficient time to assess whether the recommendations of the Review have been adequately implemented.
Possible submissions or evidence from:
o Maralinga Tjarutja
o Anangu Pitjantjatjara Yankunytjatjara
o Kokotha Uwankara
Peak environmental groups
Corporations seeking to mine in the Woomera Prohibited area
SA government
Committee to which bill is to be referred:
Senate Foreign Affairs, Defence and Trade Committee
Possible hearing date(s):
July/August 2013
Possible reporting date:
October 2013
(signed)
Senator Siewert
Whip/Selection of Bills Committee Member
Appendix 7
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Homelessness Bill 2013
Reasons for referral/principal issues for consideration:
The homelessness sector believes the bill is not rights based legislation (as was promised originally) that demonstrates or explicitly states the government is progressively committed to providing affordable housing.
As such, funding for homelessness services and housing provided under the National Affordable Housing Agreement and in the National Rental Affordable Scheme for example should be covered in a homelessness bill. No financial arrangements or commitments are covered in this bill.
It's also a confusing bill that talks about rights and obligations under Human Rights treaties-but the bill ends by stating it cancels out any legal obligation to give an avenue for recourse with regard to those treaties. Finally the definition of homelessness is problematic to the sector.
The homelessness sector is extremely concerned and disappointed this Bill has no teeth and adds no value to the homelessness response.
The long delay for this Bill is also a reason for concern. The bill was a recommendation from the Inquiry as part of the government's White Paper on homelessness in 2009.
Possible submissions or evidence from:
Homelessness Australia
Anglicare Australia
Community Housing Federation of Australia
Homelessness Council of Australia
Australian Council of Social Services
HomeGround Services
St Patricks Western Australia
St Vincent de Paul
Mental Health Council of Australia
Committee to which bill is to be referred:
Senate Committee on Community Affairs
Possible hearing date(s):
The week ending Friday June 21St
Possible reporting date:
Tuesday June 25th
(signed)
Senator Siewert
Whip/Selection of Bills Committee Member
Appendix 8
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Offshore Resources Activity) Bill 2013
Reasons for referral/principal issues for consideration:
Examine the regulatory burden and cost this bill will impose upon employers forced to seek overseas workers to meet a skills need that cannot presently be met from within the Australian workforce.
Examine proposed changes to Australia's Migration Zone to guarantee that no unintended consequences may result in litigation, may undermine offshore processing arrangements or compromise the power of the Minister for Immigration to grant or refuse a visa.
Examine implications for the decision precedent established by the Federal Court in Allseas Construction SA v Minister for Immigration and Citizenship [2012] FCA 529 (Allseas).
Examine any confusion that may be created in relation to Australia's international obligations and jurisdictions at sea.
Possible submissions or evidence from:
Attorney-General's Department
Department of Immigration and Citizenship
Department of Education, Employment and Work Place Relations
Australian Customs and Border Protection Command
Australian Mines and Metals Association
Migration Council of Australia
APPEA
Australian Shipowners Association
Allseas
Committee to which bill is to be referred:
Senate Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
July
Possible reporting date:
August
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 9
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Migration Amendment (Temporary Sponsored Visas) Bill
Reasons for referral/principal issues for consideration:
The Bill requires further investigation into the regulatory impact the proposed changes will impose on Australian business and industry, together with impacts on labour market efficiency and business productivity from the reintroduction of labour market testing in particular. An inquiry is required to ensure no adverse impacts arise that would prohibit businesses from accessing the skilled labour they need to support Australian jobs and Australian investment.
Possible submissions or evidence from:
Department of Immigration and Citizenship
Department of Education, Employment and Work Place Relations
Migration Council of Australia
Migration Institute of Australia
Australian Mines and Metals Association
ACCI
AHA
BCA
Australian Workforce and Productivity Agency
Committee to which bill is to be referred:
Legal and Constitutional Affairs Legislation Committee
Possible hearing date(s):
July
Possible reporting date:
August
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 10
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Privacy Amendment (Privacy Alerts) Bill 2013
Reasons for referral/principal issues for consideration:
Regulatory burden on business;
Interoperability of the Bill with voluntary codes currently being prepared;
Adequacy of the Privacy Commissioner's resources to administer the regime and to deal with current responsibilities in code formulation;
Status of code formulation;
Progress of a consumer education program for the new privacy regime;
Extent of the regime established by the Bill that is to be contained in Regulations.
Possible submissions or evidence from:
Privacy Commissioner
Attorney-General's Department
Australian Retail Credit Association
Veda
Dun & Bradstreet
Genworth Limited
Optus
Telstra
Committee to which bill is to be referred:
Legal and Constitutional Affairs
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
To be determined by the committee
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 11
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee:
Name of bill:
Social Security Legislation Amendment (Public Housing Tenants' Support) Bill 2013
Reasons for referral/principal issues for consideration:
To examine:
Possible submissions or evidence from:
Homelessness Australia
Australian Council of Social Services
National Shelter
Tenants Union of Victoria
Salvation Army
Committee to which bill is to be referred:
Community Affairs
Possible hearing date(s):
July 2013
Possible reporting date:
August 2013
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
Appendix 12
SELECTION OF BILLS COMMITTEE
Proposal to refer a bill to a committee
Name of bill:
Superannuation Laws Amendment (MySuper Capital Gains Tax Relief and Other Measures) Bill 2013
Reasons for referral/principal issues for consideration:
Schedule 1: Scope of CGT relief (and ability to transfer losses)
Schedule 2: Impact on the superannuation benefits and retirement incomes of veterans and their surviving spouses
Possible submissions or evidence from:
FSC, ASFA, AIST, ISN, Defence Force Welfare Association and the RSL
Committee to which bill is to be referred:
Senate Economics Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
To be determined by the committee
(signed)
Senator Fifield
Whip/Selection of Bills Committee Member
That the report be adopted.
That the Joint Standing Committee on the National Capital and External Territories be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 19 June 2013 from 12.30 pm to take evidence for the committee's biannual review of the National Capital Authority.
That the time for the presentation of reports of the Community Affairs References Committee be extended as follows:
(a) sterilisation of people with disabilities—to Wednesday, 17 July 2013;
(b) impacts on health of air quality—to Monday, 12 August 2013; and
(c) care and management of dementia—to Monday, 12 August 2013.
Question agreed to.
That the Legal and Constitutional Affairs References Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 19 June 2013 from 11.30 am.
Question agreed to.
That the Rural and Regional Affairs and Transport References Committee be authorised to hold an in camera hearing during the sitting of the Senate on Wednesday, 19 June 2013, from noon for its inquiry into the Foreign Investment Review Board national interest test.
That the time for the presentation of the reports of the Rural and Regional Affairs and Transport References Committee on the following inquiries be extended to Friday, 19 July 2013:
(a) New Zealand potatoes import risk analysis;
(b) fresh pineapple imports; and
(c) fresh ginger import risk analysis.
That the Parliamentary Joint Committee on Law Enforcement be authorised to hold a public meeting during the sitting of the Senate on Monday, 24 June 2013, from 10 am, to take evidence for the committee's inquiry into the spectrum for public safety mobile broadband.
That the Joint Select Committee on Broadcasting Legislation be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 19 June 2013, from 3.30 pm, for a private briefing.
That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold a public meeting during the sitting of the Senate on Monday, 24 June 2013, from 5.30 pm, to take evidence for the committee's inquiry into Australia's relationship with Timor-Leste.
That the Joint Committee of Public Accounts and Audit be authorised to hold private meetings otherwise than in accordance with standing order 33(1) followed by public hearings, during the sittings of the Senate as follows:
(a) on Wednesday, 19 June 2013, from 11 am; and
(b) on Wednesday, 26 June 2013, from 11 am, followed by a private meeting otherwise than in accordance with standing order 33(1).
That the Senate—
(a) notes:
(i) that although nearly 70 years have passed since the end of World War II and the Holocaust, antisemitism still exists,
(ii) the vital work of the London Declaration on Combating Antisemitism in drawing the attention of the democratic world to the resurgence of antisemitism in international affairs, politics and society, and
(iii) that more than 125 parliamentarians in over 40 countries have signed the Declaration;
(b) recognises the vast contributions made by the Jewish people to Australian society;
(c) expresses its solidarity with the Jewish people;
(d) affirms that antisemitic prejudice, rhetoric and hate campaigns, such as the Boycott, Divestments and Sanctions campaign, utterly contradict the democratic values Australian society and the Parliament hold dear; and
(e) encourages all senators, regardless of party or politics, to sign the Declaration and so assist to combat antisemitism across the globe.
That the Senate—
(a) recognises:
(i) the accomplishments of 50 years of fruitful diplomatic relations between Peru and Australia,
(ii) the continuing friendship between our nations, and
(iii) the contribution of Peruvian migrants in our nation building; and
(b) notes:
(i) the reopening of our Embassy in Lima in September 2010;
(ii) our shared democratic values in the context of a strong commitment to transparency, well-established policy credibility and good governance structure and quality of institutions,
(iii) our mutual emphasis on multilateral involvement exemplified by Peru's membership of the United Nations, World Trade Organization (WTO), Organization of American States, Asia Pacific Economic Cooperation (APEC), Community of Latin American and Caribbean States, Pacific Alliance, and Forum for East Asia and Latin American Cooperation,
(iv) the roles of Dr Herbert Vere Evatt and former United Nations Secretary General Javier Pérez de Cuéllar point to our mutual activity,
(v) our similar activity on the free trade front and common membership of the Cairns Group, WTO and APEC,
(vi) the visits to Peru by former Prime Minister, Mr Gough Whitlam, in 1975 and former Prime Minister, Mr Kevin Rudd, in 2008 and the visit of former President Alan Garcia Pérez to Australia in 2007,
(vii) the November 2011 framework to promote Bilateral Consultations and Cooperation,
(viii) the presence at the 2011 census of 8 441 Peruvian born citizens in Australia and attraction of Peru to Australian visitors totalling 30 000 in 2011, and
(ix) the longstanding Australian mining endeavours in Peru, the growth of Peruvian student numbers in Australia and 56 Australian companies having an office in Peru or investment in a Peruvian project.
Telecommunications Amendment (Get a Warrant) Bill 2013
That the following bill be introduced: A Bill for an Act to amend the Telecommunications (Interception and Access) Act 1979, and for related purposes. Telecommunications Amendment (Get a Warrant) Bill 2013.
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
TELECOMMUNICATIONS AMENDMENT (GET A WARRANT) BILL 2013
This Bill strengthens the rules about collecting data about Australians. It returns us to the normal warrant procedures whee a law enforcement agency is required to obtain a warrant before accessing a person's private data.
Currently Australian law enforcement agencies (other than ASIO) are able to access vast amounts of private data without getting a warrant. This information includes data about telephone calls that you have made, emails you have sent, information that you have accessed online, and detailed information about the location of your mobile telephone.
According to the Telecommunications Interceptions and Access Act (TIA) Annual report 2011-12, Australian law enforcement agencies were granted access to personal information about Australians 293,501 times throughout the 2011-12 year, without obtaining a warrant or having any judicial oversight.
This Bill does not prevent law enforcement and intelligence from accessing material in order to carry out their functions; it simply requires that law enforcement agencies obtain a warrant prior to accessing the information.
A member of the judiciary, a recognised cornerstone of democracy and the rule of law, will be required to provide independent and informed oversight of the use of coercive or invasive powers. Requests by ASIO will be required to obtain a warrant from the Attorney General.
Warrants not only protect citizens from the abuse of power by the State, they also provide legitimacy and authority to police or intelligence agencies carrying out their functions by ensuing that their actions are both necessary and proportional.
While it is the government's role to promote collective protection against identity theft, online crime and acts of political violence, Australian citizens have a legitimate expectation that the government will defend their democratic right to privacy, freedom of expression and freedom from arbitrary acts of state surveillance or coercion.
The Greens believe that changes made to the Telecommunications Act and the Telecommunications Interception and Access Act (TIA) in 2007 to normalise warrantless surveillance, radically and unnecessarily privileged national security concerns over the privacy and civil liberties of Australians. This Bill reinstates the balance between national security and privacy and treats Australians as citizens first with basic rights and protections, and not merely suspects.
In May 2013 the Independent National Security Legislation Monitor concluded that several of the 80 hastily made changes to Australian law after the events of September 11 were not effective, appropriate or necessary. The scope and reach of the laws were unprecedented, and included extraordinary powers of surveillance, detention and restriction and censorship on speech.
Citizen's human rights are protected when laws are transparently made, independently adjudicated, equally enforced and fairly applied. Among the rights recognised in the Universal Declaration of Human Rights is the "freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers," which is contained in Article 19 of that Declaration.
In June 2012, the UN Human Rights Council affirmed in resolution A/HRC/20/L.13 that, "the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one's choice, in accordance with Articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights"
The online and offline human rights of Australians are being compromised when safeguards and privacy protections are insufficient to prevent widespread warrantless surveillance.
Given that Australia's security agencies and police forces have been deployed against targets that fall well beyond threats to national security such as climate change demonstrators, the occupy movement, anti-whaling campaigners and supporters of the WikiLeaks publishing organization, the lines between terrorism, civil disobedience and healthy dissent are being routinely blurred. This Bill seeks to ensure that Australians are protected from indiscriminate monitoring by law enforcement agencies.
The Australian Greens strongly support the Australian Law Reform Commission (ALRC) recommendation that the Telecommunications Interception and Access Act (TIA) be reviewed in its entirety.
Until an Australian government has the sense to implement the ALRC's recommendation, the TIA must be amended piecemeal, such as with this Bill, in an effort to return Australian law enforcement procedures to protecting the hard-won rights fundamental to a liberal democracy.
I commend this Bill to the Senate.
That the Senate—
(a) notes that:
(i) Melbourne is suffering from a traffic congestion problem across the city and particularly on the Eastern Freeway and the Monash CityLink West Gate corridor,
(ii) without better infrastructure, this problem will worsen as Melbourne is experiencing the largest growth of all capital cities,
(iii) by 2020 it is estimated by the Bureau of Transport and Regional Economics That the cost of traffic congestion in Melbourne will be $6.1 billion, double what it is today, and
(iv) as well as being an economic cost, congestion impacts on quality of life, including time spent with family;
(b) recognises that:
(i) the Victorian Government has proposed the development of an East West Link which would provide an alternate route across the city by connecting the Eastern Freeway with the Western Ring Road,
(ii) this East West Link would have significant benefits for Melbourne and Australia, as it would:
(A) relieve bottle necks on the Eastern, Monash and West Gate Freeways and provide an alternative to the West Gate Bridge,
(B) improve freight efficiency by catering for growth at the ports of Melbourne and Hastings and increase productivity by improving travel time reliability for freight,
(C) enhance Victoria's competitive advantage globally, improve the key industry centres and support the knowledge precinct in Carlton and Parkville,
(D) complete missing links between freeways to alleviate congestion and ensure travel time reliability for families and freight, and
(E) reduce travel times, particularly for residents in Melbourne's east and west who travel to Melbourne to work, and
(iii) the Federal Coalition has committed $1.5 billion towards the construction of the East West Link; and
(c) calls on the Australian Government to match the commitment of the Federal Coalition towards the construction of the East West link as a vital piece of economic infrastructure for Melbourne.
The Senate divided. [15:54]
(The Deputy President—Senator Parry)
That the Senate—
(a) notes:
(i) 80 per cent of Australians surveyed believe the Australian Broadcasting Corporation (ABC) is balanced and even-handed when reporting news and current affairs and 83 per cent of Australians regard the ABC to be distinctively Australian and contributing to Australia's national identity,
(ii) the motion put to the Victorian Liberal Party Council conference on 25 26 May by the Warragul branch, urging an examination of the feasibility of partial or full privatisation of the ABC and Special Broadcasting Service (SBS) was deferred to the next conference, and
(iii) That the ABC and SBS are vital public news, information, education and entertainment services for the benefit of citizens and audiences rather than advertisers and shareholders; and
(b) calls on:
(i) the Liberal Party to categorically reject the motion put by Warragul branch, and
(ii) all parties to commit to maintaining the ABC and SBS as properly funded public broadcasters with independent boards free from political interference.
The Senate divided. [16:02]
(The Deputy President—Senator Parry)
That the Senate—
(a) notes:
(i) revelations that the PRISM program has been used by the United States of America's National Security Agency to conduct warrantless real time surveillance via the servers of nine companies, including Apple, Microsoft, Google and Facebook,
(ii) recent reports suggesting that Australian agencies are receiving information through the PRISM program to access emails, audio and video chats, photographs, documents, connection logs and location data of Australians, and
(iii) that strong concerns have been expressed by the United Kingdom's Intelligence and Security Committee, Canada's Privacy Commissioner, Jennifer Stoddart, and the German Minister of Justice, Sabine Leutheusser Schnarrenberger; and
(b) calls on the Attorney General (Mr Dreyfus) to table in Parliament a ministerial statement of explanation before Thursday, 20 June 2013 on the vulnerability of Australian legislated privacy protections and government information to PRISM.
The Senate divided. [16:07]
(The Acting Deputy President—Senator Moore)
The government business notice of motion no. 3 standing in my name, relating to the consideration of legislation be postponed to the next day of sitting
That further consideration of the Constitution Alteration (Local Government) Bill 2013 be an order of the day for the first day of sitting after the government provides for equal funding for both the yes and the no case, to ensure that the Australian community is properly informed about the arguments for and against the proposed change to the Constitution.
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 consideration of the Constitution Alteration (Local Government) 2013.
The Senate divided. [16:45]
(The President—Senator Hogg)
That senators be discharged from and appointed to committees as follows:
DisabilityCare Australia––Joint Select Committee––
Appointed––Senators Lines, Urquhart, Siewert and Stephens
Education, Employment and Workplace Relations Legislation Committee––
Appointed––
Substitute member: Senator Wright to replace Senator Rhiannon for the committee’s inquiry into the provisions of the Australian Education (Consequential and Transitional Provisions) Bill 2013
Participating member: Senator Rhiannon.
No. 46—Performance audit—Compensating F-111 fuel tank workers: Department of Veterans’ Affairs; Department of Defence.
No. 47—Performance audit—AUSTRAC’s administration of its financial intelligence function: Australian Transaction Reports and Analysis Centre (AUSTRAC).
That, in accordance with section 5 of the Parliament Act 1974, the Senate approves the following proposals by the National Capital Authority for capital works within the Parliamentary Zone:
(a) the installation of pay parking infrastructure; and
(b) the relocation of the Torsional Wave outdoor exhibit.
That the Senate take note of the report.
If there is one lesson we can learn from history, it is that solutions imposed from the outside will only create their own problems.
The issue of giving back to Aboriginal people the power to control their own lives is therefore central to any strategies which are designed to address these underlying issues.
Shall I compare thee to a summer's day?
I think I'll just resist that great temptation
And take this opportunity to pay
A tribute to your fine work for our nation.
Since '98 you've worked for the Northern Territory
Dragging us round the country in your zeal;
Indigenous rights were just one specialty
You wanted us to see , "to make it real".
On petrol-sniffing, migration and health
Committees were the beneficiaries
Of your insights and knowledge. And the wealth
Of fun we had in Ireland—what a wheeze!!
I'll miss you, Trish, and hope we remain friends
Long after both our time in Canberra ends.
After growing up in a self described "working class family" in Melbourne's western suburbs—
Senator Crossin was lured to the Top End for a teaching position in 1980.
"I'd been teaching for three years and Mark and I decided we'd have a bit of an adventure," she says.
"We applied to the Commonwealth teaching service and got offered a teaching position at … Yirrkala …
"We had a five-year-old son at that time so we opted to go to Yirrkala and we were only ever going to go for two years and we've never gone back."
At first it was hard for the city girl to adapt to her new environment.
"I had immense cultural shock, I took a very long to adapt. A very, very, long time to adapt. I'd come from the heart of Melbourne, I was a city girl. I arrived in a town that didn't have fresh milk back then, had ABC TV taped and relayed to us 24 hours later.
"I was even told not to bring all my white goods from Melbourne, they'd all be supplied and when I got to my house in Yirrkala there was one of those old washing machines that you had to put the clothes through yourself with a hand wringer. "I had long blond hair and in my first month my hair got stuck in the wringer and Mark had to cut it to release me and I cried and cried and packed my bags and walked to the airport many, many, many times and I had a lot of trouble adapting."
Senator Crossin says—
it was the generosity and spirit of the Indigenous people in the community that led her to stay and inspired her to move into politics.
"Just the realisation that there were such enormous inequities out there in terms of ... access to health services and houses," she says.
"And also, I believed there needed to be more women in politics actually."
"There needed to be women in parliament, there needed to be people who could stand up and relate to what working women raising a family experience on a day-to-day basis."
Senator Crossin has been far more active than most in the daily work of the Senate, especially in its committees, currently in the Legal and Constitutional Affairs Committee inquiring into the draft Human Rights and Anti-Discrimination Bill 2012 which purports to consolidate, simplify and clarify five existing Commonwealth anti-discrimination Acts.
… Senator Crossin kept the exchanges moving along, stuck to the timetable, and maintained order … she did it professionally and senatorially—despite the occasional provocative intervention from Senator Brandis QC … Senator Crossin was competent, experienced and fair. It is hard to find any convincing reason why the Prime Minister should purge her.
Parliamentary Service Amendment (Freedom of Information) Bill 2013
What the Australian people told us, and they told us this in no uncertain terms on that day and on the days that have followed, is this: that we will be held more accountable than ever before, and more than any government in modern memory. We will be held to higher standards of transparency and reform, and it’s in that spirit that I approach the task of forming a government.
People do want to see us more open, more accountable, more transparent.
(1) Schedule 1, page 3 (lines 1 to 26), omit Schedule 1, substitute:
Schedule 1—Amendments
Freedom of Information Act 1982
1 After section 6A
Insert:
6B Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services
(1) This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.
(2) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) includes a document to the extent that is:
(a) statistical information about the activities of the Department; or
(b) information about the expenditure of public moneys; or
(c) information about payments to a Senator or member of the House of Representatives; or
(d) information about services and facilities provided to a Senator or member of the House of Representatives; or
(e) information about assets, resources, support systems and other administrative matters of the Department.
(3) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include a document to the extent that it is:
(a) research or advice provided to a Senator or member of the House of Representatives; or
(b) information held on behalf of a Senator or member of the House of Representatives; or
(c) information about how a Senator or member of the House of Representatives performs their role as a Senator or member of the House of Representatives; or
(d) any advice provided to a Senator or member of the House of Representatives; or
(e) information that is otherwise subject to parliamentary privilege.
(4) For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.
The committee divided. [19:28]
(The Chairman—Senator Parry)
(2) Schedule 1, page 3 (lines 1 to 26), omit Schedule 1, substitute:
Schedule 1—Amendments
Freedom of Information Act 1982
6B Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services
1 After section 6A
Insert:
(1) This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.
(2) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include research or advice provided to a Senator or a member of the House of Representatives by the Parliamentary Library.
(3) For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.
The committee divided. [19:34]
(The Chairman—Senator Parry)
(3) Page 3 (after line 26), at the end of the Bill, add:
Schedule 2—Further amendments
Parliamentary Allowances Act 1952
1 Section 4
Omit "There are payable", substitute "(1) Subject to subsection (2), there are payable".
2 At the end of section 4
Add:
(2) A member is only entitled to allowances if:
(a) the member includes a link to the Department of Finance and Deregulation website in their biographical details on the Australian Parliament website; and
(b) the link directs the user to the individual expenditure report of that member.
Note: In 2013, the Australian Parliament website is located at www.aph.gov.au.
The committee divided. [19:46]
(The Chairman—Senator Parry)
That this bill be now read a third time.
The Senate divided. [19:53]
(The President—Senator Hogg)
Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013
… Coalition senators were impressed with one part of the evidence before the inquiry … from the GLBTI community, who pointed out that none of the Commonwealth Acts which deal with anti-discrimination law extend to sexuality-based discrimination. This is, in our view, an obvious gap, which should be addressed. People in that category are no doubt vulnerable to unfair discrimination. Discrimination against members of that community is unacceptable by modern community standards, and is reflected in the removal in 2008–on a bipartisan basis–of all discriminatory treatment from Commonwealth legislation. It is also consistent with the policy which the Coalition took to the 2010 election. A simple amendment to the Sex Discrimination Act, which includes sexuality (or, for completeness, identity as a gay, lesbian, bisexual, transgender or intersex person) as a protected attribute, would overcome that lacuna.
Coalition Senators recommend that Part II of the Sex Discrimination Act 1984 be amended to include identity as a gay, lesbian, bisexual, transgender or intersex person as a protected attribute to which the Act extends.
At the end of the motion, add "but while the Senate does not decline to pass the bill, it notes:
(a) that it is intended to replace the Human Rights and Anti-Discrimination Bill 2012, and that, despite three successive Attorneys-General committing to streamline and modernise anti-discrimination and human rights law via that instrument, this bill shows that this Government has no intention to do so;
(b) this bill's preservation of sections 37 and 38 of the Sex Discrimination Act 1984 , and indeed its extension of these exemptions for religious bodies to discriminate on the grounds of newly protected attributes, represents another missed opportunity;
(c) that not only has this Government declined to modernise federal anti discrimination laws generally, it has also declined to address some of the most pronounced cases where an organisation can deny a person's human right to freedom from discrimination; and
(d) the Government's statement that the Commonwealth legislation is not intended to cover the field with respect to jurisdictions with more advanced anti-discrimination law, and that it intends for state protections from discrimination to operate concurrently with the federal law".
Catholic hospitals and aged care services today care for any person of any faith or none, race, gender, or sexual orientation who seeks services to be provided to them in a way that is consistent with Catholic teaching. Catholic hospitals and aged care services in this regard do not discriminate against anyone, and do not need protection of blanket exceptions from discrimination laws. That said, Catholic hospitals and aged care services do not provide services that are inconsistent with Catholic teaching. To not provide a service on grounds of Catholic teaching is not to discriminate, rather it is a simple limiting of services that Catholic organisations chose to offer as fulfilment of their religious belief.
… a person’s sexual orientation towards:
(a) persons of the same sex; or
(b) persons of a different sex; or
(c) persons of the same sex and persons of a different sex.
… the gender-related identity, appearance or mannerisms or other gender-related characteristics of a person (whether by way of medical intervention or not), with or without regard to the person’s designated sex at birth.
… the status of having physical, hormonal or genetic features that are:
(a) neither wholly female nor wholly male; or
(b) a combination of female and male; or
(c) neither female nor male.
Fraud is a significant threat to the integrity of our schemes … and the credibility of the markets that we operate. Fraud is defined as … dishonestly obtaining a benefit … by deception or other means. Examples … are … providing false or misleading information in an application to the Clean Energy Regulator.
… my eye is fixed on one point—the doing my duty in establishing Republican Institutions and advancing in every genuine method, my native land.
… I suppose we are to be favoured with a bunyip aristocracy.
It was a narrow escape for the Colony from the would-be Earl of Wingycarribee and the Vicount Curraducheidgee.
Little Dan Deniehy
Brilliant Dan Deniehy
Dear is the light of thy spirit to me!
Dear is the streaming ray
Out of the gleaming bay
Is to some weather worn bark from the sea!
Southern men of letters, seeking kinder fields across the waves,
Tell a shameful tale entitled "Deniehy's Forgotten Grave".
I've watched the Rudd-Gillard Government stumble from one failure to another and I've seen them take our nation from zero debt under the former Coalition Government to now owing hundreds of billions of dollars that my sons—everyone's children—will be paying off.
I've seen my local community suffer. I've seen friends in business suffer and I want to give the voters in Petrie a genuine alternative to the incumbent.
A senator may not read a speech.
Historically, people with disability and their carers have had to fight for every ounce of support from the government.
The legislation introduced today by the Gillard government is testament to its commitment to all those Australians with a disability.
Lobbying for DisabilityCare has been a very long journey for some of us, and to see our grassroots campaign culminate into this announcement today is just fantastic.
The funding provided from the rise in the Medicare levy will pay for half of the scheme and has removed much of the uncertainty around the NDIS.
This will mean 280 Cosmos clients will be able to decide what type of support they need, and a further 560 individuals, including primary carers, will be indirectly supported.
I have followed the Commonwealth Budget for decades. In some years you needed a microscope to find disability mentioned at all. Supporting people with a disability is at the core of tonight’s budget.
The NDIS will mean people with a disability and their family and carers get the support they need when they need it. It will end the waiting lists, fund necessary equipment and improve the lives of hundreds of thousands of Australians.
Tonight’s budget is a win for people who believe in justice for people with disability. The NDIS is a budget measure that appeals to the heart and the head.
Bob's father lost his life in a gallant work of rescue—
during the beginning of Australian aviation. It was my lot to assist Bob to join the Air Force, and I shared with his family their pride in his rapid promotion, and flying was in his blood. Our sympathy must go out to his mother, who has now lost a husband and son in the cause of Australian aviation.
… because cars are able to work efficiently … Better roads means better communities; better roads are good for our economy; they're good for our society.
They're good for our physical and mental health.
They're even good for the environment because cars that are moving spew out far less pollution than cars that are standing still.
Parts of the evidence I give at the trial are not truthful. I went along with the police because I was frightened. I am very sorry for any harm that was caused but I had no-one to help or advise me.
The police said I was a prostitute and that Roseanne was a madam and that I was the one who kept the gun. I said I knew nothing about guns. I had never seen Roseanne with a gun. They also said I was going to be charged with conspiring to murder Barry Catt.
I was threatened into signing a statement that was not mine. I was terrified … I feared for my life and my baby's life.
Back in 1990, the Ombudsman passed the file on to the NSW Police Internal Affairs who recommended charges against the leading detective in the case, Peter Thomas. But the NSW DPP did not proceed with the charges. Thomas was allowed to leave the police force and become a private inquiry agent in Queensland, where he was found to have charged people on insufficient evidence and offered a witness a bribe. On more than one occasion, he has given evidence in court that he was aware of no findings against him.