The PRESIDENT (Senator the Hon. John Hog g) took the chair at 09:30, read prayers and made an acknowledgement of country.
Migration Amendment (Visa Maximum Numbers Determinations) Bill 2013
… a new low in Australia’s treatment of asylum seekers.
All indications are that global asylum applications in 2013 are at their highest level in more than a decade. At a time when the number of people displaced by persecution and conflict is increasing, Australia is turning its back on those in urgent need.
… many refugees found to be in need of protection from persecution and currently living in limbo in Australian communities, will become long-term residents one way or another.
Past experience from the Howard Government years clearly showed that the great majority of people granted TPVs were never able to return home safely and ultimately were given permanent protection in Australia.
The Refugee component of the Australian Humanitarian Program is motivated by the recognition that a balanced response to the world's refugee problems requires that provision of resettlement places for Convention refugees be part of that response.
UNHCR estimates the number of refugees in need of resettlement in 2013 at more than 850,000 people, while the total number of resettlement places offered annually around the world is around 85,000. Australia has allocated 12,000 places—
in UNHCR's resettlement program for the 2012-13 financial year—
plus additional places through the SHP. Continuing to offer resettlement places – particularly through a multi-year planned program – represents Australia’s contribution to providing solutions to what is a global problem and contributes to Australia’s international standing as a country committed to upholding human rights and humanitarian values.
Furthermore, as one of the few countries of the world with an active immigration program, there is an expectation that Australia allocate places for refugees as well as migrants. In other words, the refugee program enables Australia to play its part as a responsible member of the international community and to derive recognition for this contribution from other states.
The SHP is driven not so much by an international imperative but by the desire of community groups and individuals in Australia to make a tangible contribution towards assisting members of their communities in difficult circumstances overseas, particularly those who may not have access to UNHCR's resettlement processes.
I have lived in war zones with bombs and explosions. I have never experienced what I am experiencing here with the uncertainty that we face. If we had died in the ocean that would have been better.
The toughness of the physical conditions is superimposed on a mandatory detention environment and that compounds people's uncertainty.
If not addressed very carefully, we could see a fairly rapid degradation of psycho-social and physical health if people don't have a fairly early determination of their fate and future.
SELECTION OF BILLS COMMITTEE
REPORT NO. 11 OF 2013
1. The committee met in private session on Wednesday, 11 December 2013 at 7.36 pm.
2. The committee resolved to recommend—That—
(a) the Environment Legislation Amendment Bill 2013 be referred immediately to the Environment and Communications Legislation Committee for inquiry and report by 12 February 2014;
(b) the Criminal Code Amendment (Harming Australians) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 4 March 2014;
(c) contingent upon its introduction in the Senate, the Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 19 February 2014;
(d) contingent upon its introduction in the Senate, 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 11 February 2014;
(e) contingent upon its introduction in the House of Representatives, the provisions of the Migration Amendment Bill 2013 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 12 February 2014; and
(f) the Reserve Bank Amendment (Australian Reconstruction and Development Board) Bill 2013 be referred immediately to the Economics Legislation Committee for inquiry and report by 26 March 2014.
3. The committee resolved to recommend—That the following bills not be referred to committees:
The committee recommends accordingly.
4. The committee deferred consideration of the following bills to its next meeting:
(Helen Kroger)
Chair
11 December 2013
That—
That the order of general business for consideration today be as follows:
(a) general business notice of motion no. 88 standing in the name of Senator Moore relating to pre-election commitments; and
(b) orders of the day relating to government documents.
That the Joint Standing Committee on the National Disability Insurance Scheme be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today, from 3.30 pm.
That leave of absence be granted to Senator McEwen for today, for personal reasons.
That the following matter be referred to the Education and Employment References Committee for inquiry and report by 17 June 2014:
The delivery of quality and affordable early childhood education and care services, including:
(a) outcomes for children in early childhood education and care services, including;
(i) workforce factors such as stability, qualifications and wage rates,
(ii) quality regulation (including staff-to-child ratios),
(iii) participation and access to services, and
(iv) environments for learning;
(b) a progress report into the implementation of the National Quality Framework (NQF), including targets met and those working toward;
(c) parents' experiences of the outcomes of the NQF;
(d) impacts of the announced government amendments to the NQF, and the outcomes for children and early childhood education and care services; and
(e) any other related matters.
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 25 June 2014:
The implications of the restriction on the use of Fenthion on Australia's horticultural industry, including:
(a) the roles and responsibilities of relevant departments and agencies of Commonwealth, state and territory governments in relation to the regulation of pesticides and veterinary chemicals;
(b) the short- and long-term impact of the decision on stakeholders;
(c) the effectiveness and sustainability of chemicals other than Fenthion to manage fruit fly;
(d) transition arrangements following the restriction on the use of Fenthion, including Area Wide Management; and
(e) any related matters.
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 28 March 2014:
The industry structures and systems governing the collection and disbursement of marketing and research and development levies pertaining to the sale of grass-fed cattle set out in subsections 6(l)(a), 6(1)(b), 6(2)(a) and 6(2)(b) of Schedule 3 (Cattle transactions) of the Primary Industries (Excise) Levies Act 1999 , including:
(a) the basis on which levies are collected and used;
(b) the opportunities levy payers have to influence the quantum and investment of the levies;
(c) industry governance arrangements, consultation and reporting frameworks; and
(d) recommendations to maximise the ability of grass-fed cattle producers to respond to challenges and capture opportunities in marketing and research and development.
That the following matter be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 26 March 2014:
The future of the beekeeping and pollination service industries in Australia, with particular reference to:
(a) the importance of these industries from a food security, environmental and financial point of view;
(b) current challenges facing the beekeeping industry domestically and internationally, and its future sustainability;
(c) the adequacy of the current biosecurity arrangements for imported and exported honey, apiary products, package bees and queen bees;
(d) Australia's food labelling requirements, and how these affect the beekeeping industry;
(e) the recommendations from the House Standing Committee on Primary Industries and Resources 2008 report More than Honey; the future of the Australian honey bee and pollination industries , and the Rural Affairs and Transport References Committee 2011 reportScience underpinning the inability to eradicate the Asian honey bee ; and
(f) any related matters.
That the following matter be referred to the Economics References Committee for inquiry and report by 16 July 2014:
Affordable housing, including the following matters;
(a) the role of all levels of government in facilitating affordable home ownership and affordable private rental, including:
(i) the effect of policies designed to encourage home ownership and residential property investment,
(ii) the taxes and levies imposed by state and territory governments,
(iii) the effect of policies designed to increase housing supply,
(iv) the operation, effect and future of the National Rental Affordability Scheme,
(v) the regulatory structures governing the roles of financial institutions and superannuation funds in the home lending and property sectors, and
(vi) the operation and effectiveness of rent and housing assistance programs;
(b) the impacts, including social implications, of public and social housing policies on housing affordability and the role of all levels of government in providing public and social housing;
(c) the impact of Commonwealth, state and territory government policies and programs on homelessness;
(d) the contribution of home ownership to retirement incomes;
(e) the implications for other related changes to Commonwealth government policies and programs, including taxation policy, aged care, disability services, Indigenous affairs and for state and territory governments;
(f) the need to develop improved overview and accountability mechanisms in relation to Commonwealth grants and funding to the states and territories in order to ensure that public funding delivers outcomes consistent with Commonwealth objectives;
(g) planning and policies that will ensure that women, particularly vulnerable women, have access to secure, appropriate, affordable and adaptable accommodation;
(h) planning and policies that will ensure emergency and essential service workers have access to affordable housing close to where they work;
(i) planning and policies that will ensure the availability of an appropriately skilled workforce; and
(j) any other matters the committee considers relevant.
Omit all words after “That”, substitute “the following matter be referred to the Economics References Committee for inquiry and report by 26 June 2014:
Affordable housing, including the following matters:
(a) the role of all levels of government in facilitating affordable home ownership and affordable private rental, including:
(i) the effect of policies designed to encourage home ownership and residential property investment,
(ii) the taxes and levies imposed by the Commonwealth, state, territory and local governments,
(iii) the effect of policies designed to increase housing supply,
(iv) the operation, effect and future of the National Rental Affordability Scheme,
(v) the regulatory structures governing the roles of financial institutions and superannuation funds in the home lending and property sectors, and
(vi) the operation and effectiveness of rent and housing assistance programs;
(b) the impacts, including social implications, of public and social housing policies on housing affordability and the role of all levels of government in providing public and social housing;
(c) the impact of Commonwealth, state and territory government policies and programs on homelessness;
(d) the contribution of home ownership to retirement incomes;
(e) the implications for other related changes to Commonwealth government policies and programs, including taxation policy, aged care, disability services, Indigenous affairs and for state and territory governments;
(f) the need to develop improved overview and accountability mechanisms in relation to Commonwealth grants and funding to the states and territories in order to ensure that public funding delivers outcomes consistent with Commonwealth objectives;
(g) planning and policies that will ensure that women, particularly vulnerable women, have access to secure, appropriate, affordable and adaptable accommodation;
(h) planning and policies that will ensure emergency and essential service workers have access to affordable housing close to where they work;
(i) planning and policies that will ensure the availability of an appropriately skilled workforce;
(j) the role of innovation in building materials and construction, including prefabricated and sustainable materials;
(k) the impacts of improving sustainability (including energy efficiency) of new and existing housing stock on improving housing affordability;
(l) the role of innovative and responsible funding mechanisms used in other countries, including the United Kingdom, United States of America, France, Canada, Austria and the Netherlands, that provide a stable and cost effective way of funding affordable rental and social housing, such as affordable housing supply bonds and an affordable housing finance corporation;
(m) the role and contribution of the community housing sector in delivering social and affordable renting housing;
(n) the need to increase the supply of accessible and adaptable housing, and housing that is culturally appropriate;
(o) the impact of not having a long-term, national affordable housing plan; and
(p) any other matters the committee considers relevant.
Marriage Equality Amendment Bill 2013
That the following bill be introduced: A Bill for an Act to amend the Marriage Act 1961 to create the opportunity for marriage equality for people regardless of their sex, sexual orientation or gender identity, 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 Marriage Equality Amendment Bill 2013 seeks to amend the Marriage Act 1961 to provide equality for same-sex couples. The Bill removes the existing discrimination in the federal Marriage Act that confines marriage to between a man and a woman. It redefines marriage as being between two people regardless of their sex, sexual orientation or gender identity.
The Australian Greens share the view of the majority of Australians that the time for marriage equality has come. The call for marriage equality has huge community momentum and it is growing day by day. The most recent national survey found that 62% of Australians believe same-sex couples should be able to marry, and 75% of Australians believe federal reform is inevitable.
This is the fourth time I have introduced a bill for marriage equality. The Senate conducted in-depth inquires into two of my bills which highlighted the significant community interest in marriage equality. In 2009, the inquiry into my bill received more than 25,000 submissions. The senate inquiry into my second bill in 2012 set a new record of 75,000 submissions, the majority of which were supportive of the bill. It is clear there is enormous community passion for this.
The inquiry into my bill recommended that, with a few small amendments, the bill should pass.
Sadly, in 2012 we saw votes in both the House of Representatives and in the Senate on government marriage equality bills that were carefully orchestrated to fail. The Leader of the Opposition chose to buck the traditional approach of his party by refusing Coalition members a conscience vote. Meanwhile the then Prime Minister failed to have her members support the ALP's own policy of supporting marriage equality by insisting on a conscience vote.
In Australia, the states and territories are continuing to show the way, with Greens and non-Greens bills for state marriage equality across the nation. States such as Tasmania, South Australia and New South Wales have shown cross-party cooperation and are closer to achieving marriage equality than ever before.
Since I introduced my first marriage equality bill, many state Parliaments have acted to deliver human rights for Gay Lesbian Bisexual Transgender and Intersex Australians. While no substitute for marriage, Tasmania has legislated for civil unions and New South Wales has legislated for same-sex parenting rights.
These are important and historic reforms and the efforts of MPs and advocates in our states and territories are to be admired and acknowledged. But it is federal marriage equality that the community wants most of all.
That is why today I stand to introduce this Bill, to assure gay and lesbian Australians that there are people in this place who believe all relationships should be recognised as equal under the law.
Marriage provides couples, families and the general community with a universal language for love, commitment and relationships. It is also one of the universal legal and social institutions through which we find connection and belonging, not only with our partner, but with our families and communities.
It is time for Australia to join comparable countries like the United Kingdom, France and our neighbours, New Zealand, and legislate for marriage equality.
I know that there are good people in this place that support equality for all Australians, and that is why today I am calling on those members to co-sponsor my Bill. It is now time for parliamentarians from across political divides to work together and deliver on federal marriage equality. It is only through the combined efforts that we can really achieve equality for all.
Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013
That the following bill be introduced: A Bill for an Act to amend legislation relating to defence, 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.
DEFENCE LEGISLATION AMENDMENT (WOOMERA PROHIBITED AREA) BILL 2013
In this speech, I will draw heavily on the excellent work done by the former Defence Minister Stephen Smith and the Department of Defence as they were responsible for drafting this legislation, explanatory memorandum in the first instance and they have undertaken extensive consultation over a long period in order to prepare the Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013.
The Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013 gives effect to the recommendations of the Hawke review of the Woomera Prohibited Area.
This bill was first put forward by the then Minister for Defence Stephen Smith MP in May this year. It passed the House of Representatives but lapsed when Parliament was prorogued.
I am now introducing the bill as a Private Senator's Bill, such is the significance of this legislation to my home state of South Australia in particular and more broadly to Australia.
This bill is of vital importance because it creates a regulatory framework for access to the Woomera Prohibited Area, including the development of significant mineral resources.
The South Australian Government has assessed that over the next decade about $35 billion worth of iron ore, gold and other minerals resources are potentially exploitable from within the Woomera Prohibited Area.
After years of consultation and reviews on ways to solve the dilemma of respecting the vital role of this key weapons testing area while allowing mining in this region, it's time to move ahead and pass this bill.
The previous Labor Government identified the importance of establishing a framework for a coexistence scheme to allow access to the Woomera Prohibited Area (WPA) to non-Defence users on a conditional basis. These conditions are intended to protect the safety of all users in the WPA and ensure appropriate national security protections for an area used to test Defence capability.
The Woomera Prohibited Area covers 127,000 square kilometres in South Australia, approximately 450 kilometres north-north-west of Adelaide. It is Australia's most important military testing range and is used for the testing of war materiel under the control of the Royal Australian Air Force. It is the largest land range in the world, with a centre line of over 600 kilometres, comparable to the size of England.
The Woomera Prohibited Area overlaps a major part of South Australia's potential for significant minerals and energy resources, including 30 per cent of the Gawler Craton, one of the world's major mineral domains, and the Arckaringa, Officer and Eromanga basins for hydrocarbons and coal. Olympic Dam is adjacent to the Woomera Prohibited Area and is part of the same geological formations.
In May 2010 the then Minister for Defence, Senator John Faulkner, announced a review to make recommendations about the best use of the Woomera Prohibited Area in the national interest. This was undertaken by Dr Allan Hawke, a former secretary of the Department of Defence, and involved consultation with a wide range of affected stakeholders. In November 2010, the review's interim report was released for public comment, and government was provided with the final report in February 2011. In May 2011, with the then Minister for Resources and Energy, Martin Ferguson, and with the support of the South Australian government, through its then Premier, Mr Mike Rann, and the South Australian Minister for Mineral Resources and Development, Mr Tom Koutsantonis, the final report was released and the government agreed to implement the recommendations.
The Woomera Prohibited Area Coordination Office was established by the Department of Defence and a moratorium was issued on all but the most advanced applications for access to the Woomera Prohibited Area, to enable the development of protocols necessary to implement the review.
The then Ministers Smith and Ferguson released a draft deed of access for minerals exploration for public consultation in April 2012. The deed proposed an access regime for exploration companies during the transition phase to full implementation of the review's recommendations. Public consultation was undertaken on the draft deed by the Woomera Prohibited Area Coordination Office in Adelaide in May 2012 and a workshop followed in Canberra in June 2012.
In October 2012, the then Ministers Smith and Ferguson announced that the Woomera Prohibited Area was open to resources development under the transitional deed of access regime. They also announced the creation of the Woomera Prohibited Area Advisory Board and the public was consulted on the draft legislation to implement the recommendations of the Hawke review.
The Hawke review considered how to use the Woomera Prohibited Area in a way that ensured that both its full national security and economic potential were realised. The review proposed a system to maximise the co-existence between defence and non-defence users of the area.
The review recommended that Defence remain the primary user of the area, but acknowledged that exploitation of the Woomera Prohibited Area's considerable minerals resources would bring significant economic benefit to South Australia in particular and Australia in general.
The review proposed that the Woomera Prohibited Area be opened up for resources exploration to the maximum extent possible, but within the confines of its primary use for defence purposes. This would allow Australians to take advantage of the resources potential of the Woomera Prohibited Area while ensuring its future viability as the most important test and evaluation range that supports the Australian Defence Force.
The bill establishes a framework that provides all non-defence users within the Woomera Prohibited Area a greater level of certainty over defence activity in the area and greater certainty over access arrangements.
It allows users to make commercial decisions with some assurance as to when they will be required to leave the area because of defence activity.
The framework maintains the primacy of the Woomera Prohibited Area as a national security and defence asset and sets up a co-existence scheme that allows access by non-defence users subject to conditions that protect the safety of all users in the Woomera Prohibited Area and ensures the appropriate national security protections for an area used to test defence capability.
As recommended by the review, Indigenous landholders, pastoralists with an already established presence and existing mining operations in the Woomera Prohibited Area will continue to access and operate under their current arrangements.
There has been much departmental and public consultation in relation to this legislation and there is a genuine desire to ensure the rights of pre-existing users are not diminished in any way.
The co-existence scheme established by the bill will apply to new users of the Woomera Prohibited Area. Existing users of the area have the option of voluntarily joining the co-existence scheme established by these legislative measures if they so choose.
While the bill provides the overarching framework for the legislative scheme, the detail of the proposed regime is to be included in the Woomera Prohibited Area Rules, to be agreed by the Minister for Defence and the Minister for Industry.
The rules will provide for: various types of permission to be at a place within the Woomera Prohibited Area, including standing permission, written or oral permission and by way of a permit.
The Woomera Prohibited Area contains recognised traditional owners and significant Indigenous sites. Under the bill, permit holders who gain access to the Woomera Prohibited Area will be required to protect these sites and comply with all relevant native title and Aboriginal heritage laws. Indigenous groups with current statutory and access rights expressly retain these rights. They will not need to apply for permission under this legislation, which does not disturb existing rights.
The bill will insert a new part VIB into the Defence Act 1903, and amends the definition of 'defence premises' in part VIA of the Defence Act to include the Woomera Prohibited Area.
Consequently, this will allow appropriately trained and qualified defence security officials to apply the security powers provided for by part VIA to ensure the safety of all users and the security of the area.
In broad terms, the bill:
Consultation
Extensive consultation was undertaken during the review process and the legislation implements the recommendations put forward in the review. Submissions were received from interested stakeholders, including:
Consultation on the bill included:
Stakeholders provided feedback through the workshop and by written submission. Feedback was considered and where appropriate the exposure bill was amended to take concerns into account. Amendments which occurred as a result of stakeholder feedback included express and specific recognition of the existing authorities for existing users, including Indigenous groups.
After discussions Department of Defence officials held with the traditional owners of parts of the Woomera Prohibited Area, the previous government agreed, as a matter of policy, with their request that no 'wet canteens' under the current Defence Regulations for the Woomera Prohibited Area will be created in the lands held by the Maralinga Tjarutja or Anangu Pitjantjatjara Yankunytjatjara traditional owners.
Woomera Prohibited Area Advisory Board
The Woomera Prohibited Area Advisory Board oversees the Woomera Prohibited Area access system and foster relationships among the Woomera Prohibited Area stakeholder groups.
The Woomera Prohibited Area Advisory Board has an independent chair, Mr Stephen Loosley, and an independent deputy chair, the Hon. Paul Holloway. Mr Stephen Loosley is Chairman of the Australian Strategic Policy Institute and Mr Holloway is a previous Resources Minister of South Australia.
Other board members are senior representatives from the Commonwealth departments of Defence, Industry, and Finance, and the South Australian government.
The board was established to ensure:
The Woomera Prohibited Area Advisory Board meets on a regular basis to undertake these functions.
Woomera Prohibited Area Rules
I note that former Minister Stephen Smith released the rules for public discussion and I anticipate the outcome will be incorporated into the rules which are enacted.
The rules will provide for:
Conclusion
This important legislation:
I commend the bill to the Senate.
Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013
That the following bill be introduced: A Bill for an Act to amend the Criminal Code Act 1995 , 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.
CRIMINAL CODE AMENDMENT (MISREPRESENTATION OF AGE TO A MINOR) BILL 2013
I wish there wasn't a reason for this bill to exist.
But, tragically, there is. Her name is Carly.
When Carly was fourteen, she started chatting online to a 20 year old man named Brandon Kane. He was her ideal boyfriend, and she fell in love with him as their online relationship grew closer.
But what Carly didn't know, what she couldn't have known, was that 'Brandon' was actually a 47 year old predator, Gary Francis Newman, who had over 200 fake identities.
When Carly turned 15, she invited Brandon to her birthday party. He told her he would be overseas and that he couldn't make it, so his adopted father Shane would go in his place. Carly had already been chatting to Shane online, and she convinced her mother that it would be okay for him to come along to her party.
Newman, in his role as Shane, turned up. Carly's mother, horrified that her daughter had become close to a stranger so much older than she was, warned him to stay away from her daughter.
But Newman convinced Carly she would get to meet her beloved Brandon in person. He eventually lured her into a meeting, on 19 February 2007 at Horseshoe Bay in South Australia. There, he brutally assaulted her and left her to die.
It took police eleven days to track Newman down. When they found him, he was logged on to his computer as Brandon Kane, chatting to a fourteen year old girl in Western Australia. Police also found a stash of child pornography on his computer, and discovered he had already pursued many other young girls overseas.
Newman was found guilty of Carly's murder, and is now serving a life sentence, with 29 years non-parole.
The aim of this bill is to make it an offence for a person over 18 years of age to lie about their age in online communications to a person under 16 for the purposes of facilitating a physical meeting.
This bill also makes it an offence for an adult to misrepresent their age in online communications with a minor with the intent of committing another offence.
These two items close an important loophole in the law. There is no reason for an adult to knowingly misrepresent their age to someone they believe is under eighteen, particularly if they believe doing so will make it easier to meet or commit another offence.
The bill also contains specific provisions to clarify how this offence can be prosecuted and defended.
I previously attempted to address this serious issue in 2010 and again in 2013 with the earlier versions of this bill. I acknowledge the concerns raised in relation to those bills, and I have modified this version to ensure there are no unintended consequences of enforcing this law. Instead, this bill creates offences specifically aimed at the circumstances – a person lying to a minor about their age to facilitate a meeting or to make themselves seem 'more approachable' – that need to be addressed. This bill, in line with recommendations made by the Attorney-General's Department during a committee inquiry into the earlier version of the bill, uses the age of 16 years to define a minor as it is consistent with the age of sexual consent in the majority of Australian jurisdictions.
The internet is impossible to pin down, constantly evolving and growing. The pace of technological growth means children are almost always much more comfortable with online communication than their parents: what we still see as new and different is as essential to them as breathing.
New forms of communication mean we need new laws to protect our children. In cyberspace, we can't stand by their side as they explore the world. We can't always set rules and curfews, because our kids can be sitting safe in their rooms even while they're in danger.
This bill is an attempt to address some of the techniques used by online predators, so that we can put an additional safeguard in place for our children.
Sonya Ryan, Carly's mother, has been pushing for these changes in the law since her daughter's death. Sonya, who was nominated as South Australia's Australian of the Year this year, has dedicated her life to raising awareness of online dangers among young people.
If her actions stop just one young person from becoming a victim, then it's worth it.
And that is something we should take to heart when considering this bill.
That the Senate—
(a) notes that:
(i) the Australian Taxation Office (ATO) has issued a new Draft GST Ruling, GSTR 2013/02, in which it has drastically altered its view on the goods and services tax (GST) treatment of supplies made by operators of a mobile home parks,
(ii) once the draft ruling is finalised, home park operators will no longer be able to treat their lease, or licence of the site, to a resident as a supply of commercial residential premises and as a result, operators will be liable for GST on the full value of the supply rather than having access to the 50 per cent discount that is currently available for supplies of long-term accommodation, and
(iii) the likelihood that these charges will be passed on to consumers, many of whom are low income earners and pensioners, and That the increase in their fee may constitute 10 per cent or more of their meagre disposable income; and
(b) urges the ATO to maintain the current GST arrangements on mobile home parks, in order to ensure that low income earners are not disproportionately impacted.
That there be laid on the table, by 2 January 2014, by Infrastructure Australia or the Infrastructure Coordinator, all documents in relation to the WestConnex motorway project in New South Wales provided to Infrastructure Australia by the New South Wales Government, in particular, but not restricted to, the full business case.
That the Senate—
(a) notes the national framework agreed to by the Council of Australian Governments (COAG) in 2008 to tackle Indigenous disadvantage and the six priority areas for change identified by COAG;
(b) further notes that there have been five annual reports by the Prime Minister to the Australian Parliament on progress in meeting these Closing the Gap targets;
(c) is of the view that the presentation of these annual reports should be marked by a special parliamentary procedure in recognition of the significance of these initiatives to all Australians;
(d) therefore proposes to the House of Representatives that it consider marking the presentation of the Prime Minister's annual report on Closing the Gap by:
(i) hosting a meeting of the House to which senators are invited in a similar manner as senators are invited to attend addresses by foreign Heads of State, and
(ii) inviting senior Indigenous leaders to be present when the Prime Minister's annual report is presented; and
(e) resolves that, on its presentation to the Senate, the Prime Minister's annual report on Closing the Gap and accompanying ministerial statement be listed for consideration as a government business order of the day, and that the Government undertake to provide for at least 2 hours consideration of the statement during government business time.
That the resolution be communicated by message to the House of Representatives for concurrence.
That the Senate—
(a) notes the open letter to the Government, dated 9 December 2013, signed by 44 prominent academics and public health experts, which expresses alarm around the effects these potential changes could have on the Pharmaceutical Benefits Scheme and the integrity of Australian public health initiatives;
(b) reiterates its call for the Government to make public the details of the final agreed text and Australia's position regarding these controversial intellectual property provisions; and
(c) reaffirms its opposition to any measures, such as Investor-State Dispute provisions or strengthening of the patent system, whether in this treaty or otherwise, which limit Australia's ability to implement domestic public health policy and safeguard the efficient operation of our system of medicines.
(1) That a select committee, to be known as the Select Committee on School Funding, be established to inquire into and report on the development and implementation of national school funding arrangements and school reform, with particular reference to:
(i) Commonwealth funding, methods for the distribution of funds, funding arrangements and agreements with states and territories, as well as related accountability and transparency measures,
(ii) funding arrangements for individual schools,
(iii) the extent to which schools can anticipate their total future funding and links to educational programs in future years,
(iv) the consequential equity of educational opportunity between states and territories, schools and students,
(v) progress towards the Schooling Resource Standard, and
(vi) the implementation of schools reforms,
(b) how funding arrangements will meet the needs of all schools and individual students, including Indigenous students, students with disability, small schools, remote schools, students with limited English, and students from socially and economically disadvantaged backgrounds;
(c) the Government's proposed changes to the Australian Education Act 2013 , related legislative instruments and their consequences;
(d) the economic impacts of school education policy;
(e) the Government's consideration of expert findings, research, public consultation and reports in the development and implementation of school policy, including the selection of experts to provide advice on education policy; and
(f) any related matters.
(2) That the committee may present interim reports and must present a final report on or before 13 May 2014.
(3) That the committee consist of 7 senators, 3 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and 1 nominated by the Leader of the Australian Greens.
(4) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate or any minority party or independent senator; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(5) That 3 members of the committee constitute a quorum of the committee.
(6) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(7) That the committee elect as chair a member nominated by the Leader of the Opposition and as deputy chair, a member nominated by the Leader of the Australian Greens.
(8) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(9) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(10) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, has a casting vote.
(11) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to examine.
(12) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings, the evidence taken and such interim recommendations as it may deem fit.
(13) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.
(14) That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
That the Senate—
(a) notes the significant benefit that a majority Australian‑owned Qantas brings to national security, manufacturing and tourism jobs, and the wider economy; and
(b) calls on the Government to seriously consider investing in Qantas as a signal of its importance to the national economy.
After paragraph (b), insert:
(c) considers that any government investment should not be made while the Chief Executive Officer (Mr Joyce) and Chairman (Mr Clifford) remain in the company.
That the following matter be referred to the Education and Employment References Committee for inquiry and report by 17 June 2014:
The immediate future of the childcare sector in Australia, with particular reference to:
(a) cost and availability for parents over the short term, including the effectiveness of the current government rebates;
(b) administrative burden, including the impact of the introduction of the National Quality Framework;
(c) the current regulatory environment and the impact on children, educators and service operators;
(d) how the childcare sector can be strengthened in the short term to boost Australia's productivity and workplace participation for parents; and
(e) any related matters.
That the following matters be referred to the Rural and Regional Affairs and Transport References Committee for inquiry and report by 27 March 2014:
The role of public transport in delivering productivity outcomes, with particular reference to:
(a) the need for an integrated approach across road and rail in addressing congestion in cities, including Sydney, Melbourne, Brisbane, Adelaide and Perth;
(b) the social and environmental benefits of public transport projects compared to road infrastructure projects such as WestConnex and the East West Link;
(c) the national significance of public transport;
(d) the relationship between public transport and building well-functioning cities;
(e) the decision of the Federal Government to refuse to fund public transport projects;
(f) the impact on user charges arising from requiring states to fund public transport projects; and
(g) any related matter.
After paragraph (f), insert:
(fa) why motorway development in the last decade has received higher levels of federal and state government funding compared with public transport; and
That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 10 June 2014:
Comprehensive revision of the Telecommunications (Interception and Access) Act 1979 (the Act), with regard to:
(a) the recommendations of the Australian Law Reform Commission For Your Information: Australian Privacy Law and Practice report, dated May 2008, particularly recommendation 71.2; and
(b) recommendations relating to the Act from the Parliamentary Joint Committee on Intelligence and Security Inquiry into the potential reforms of Australia's National Security Legislation report, dated May 2013.
That answers be provided by 13 January 2014 to the Education and Employment Legislation Committee in respect of estimates questions to the Department of Education lodged with its predecessor committee in the course of the Budget estimates hearings in June 2013 which remained unanswered at the beginning of the new Parliament.
That the Senate—
(a) acknowledges:
(i) the Exporter Supply Chain Assurance System was introduced under the Export Control Act 1982 to provide minimum standards for the welfare of Australian livestock in importing countries,
(ii) that exporters who disregard or deliberately flout the standards set under this system should be met with the full force of the law,
(iii) That the Department of Agriculture is currently investigating 14 complaints regarding breaches of these standards,
(iv) That the export company Livestock Shipping Services is implicated in three of these complaints regarding the sale and cruel slaughter of livestock outside approved supply chains, and
(v) the Maysora , a ship operated by Livestock Shipping Services, has docked in the Fremantle Port; and
(b) calls on the Government to prevent Livestock Shipping Services from exporting any further animals from Australia until investigations on their previous activities have been completed.
The Senate divided. [12:32]
(The President—Senator Hogg)
(1) That a Joint Select Committee on Gambling Reform be established to:
(a) inquire into and report on the following:
(i) the Productivity Commission report on gambling, released in June 2010, including a national response to the full set of its recommendations,
(ii) any gambling-related legislation that has been tabled in either House, either as a first reading or exposure draft,
(iii) monitoring the impact of problem gambling and reforms to address problem gambling, and
(iv) such other matters relating to gambling referred by either House; and
(b) make recommendations to the Minister for Social Services and the Assistant Treasurer, to inform any position that the Commonwealth will take to the COAG Select Council on Gambling Reform.
(2) That the committee consist of 10 members, 2 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips, 1 Member of the House of Representatives to be nominated by any minority party or independent Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority party or independent Senator.
(3) That:
(a) participating members may be appointed to the committee; and
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee.
(4) 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.
(5) That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
(6) That the committee elect as its chair a member nominated by the Leader of the Government in the Senate.
(7) That the committee elect as its deputy chair a non-Government member nominated by either the Opposition Whip or a minority party or independent Member of the House of Representatives.
(8) That the deputy chair 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 present shall elect another member to act as chair at that meeting.
(9) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(10) That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(11) That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
(12) That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
(13) That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
(14) That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
(15) That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
(16) That the committee or any subcommittee may conduct proceedings at any place it sees fit and sit in public or private.
(17) That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
(18) That the committee may report from time to time, but that it present its final report no later than 30 June 2015.
(19) 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.
(20) That a message be sent to the House of Representatives seeking its concurrence in this resolution.
That the Senate adopt the following recommendations contained in the report:
(a) that the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013 be referred to the Joint Standing Committee on Electoral Matters for inquiry and report; and
(b) that, in conducting any inquiry, the Joint Standing Committee on Electoral Matters have the power to consider and use any evidence submitted to the Senate Finance and Public Administration Legislation Committee in relation to its inquiry into the Commonwealth Electoral Amendment (Above the Line Voting) Bill 2013.
Indigenous Education (Targeted Assistance) Amendment Bill (No. 2) 2013
Fair Work (Registered Organisations) Amendment 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.
Introduction
The Coalition Government is committed to improving the Fair Work laws so that we can build a more stable, fair and prosperous future for Australia's workers, businesses and the economy.
Unions and employer associations who operate in the workplace relations field play a critical role in workplaces and the economy and their members invest a great deal of trust in them. The community expectation is that these registered organisations must operate to the highest of standards. These organisations are given special legislated rights. With rights come responsibilities.
The Government believes that the majority of registered organisations do the right thing and, in many cases maintain higher standards than those that are currently required. However, the recent investigations into the Health Services Union illustrate that, unfortunately, financial impropriety can occur under the current governance regime for registered organisations.
The charges and allegations against former ALP Member of Parliament, Craig Thomson and former ALP National President, Michael Williamson, in their capacity as officers of the Health Services Union are shocking and unacceptable. Mr Thomson was arrested in respect of more than one-hundred and fifty fraud-related criminal charges and is facing allegations that his 2007 federal election campaign was partly funded by siphoning union money without authorisation. Mr Williamson has pleaded guilty to misusing almost one million dollars of Health Services Union members' funds. Mr Williamson has also been accused of destroying documents and hindering investigations. Members of the Health Services Union are asking how this gross breach of trust could happen. Questions have also arisen with numerous other Registered Organisations. Members of registered organisations are asking whether this could happen in their organisation.
The Government believes the Fair Work (Registered Organisations) Amendment Bill (the Bill) will provide the certainty and high standards of operation that members of registered organisations are entitled to expect.
The Bill introduces a suite of legislative measures designed to see governance of registered organisations lifted to a consistently high standard across the board. A more robust compliance regime will deter wrongdoing and promote first class governance of registered organisations.
The recent HSU scandals also revealed that the current processes for investigating wrongdoing and ensuring accountability are clearly inadequate. The Fair Work Australia investigations into the Health Services Union took far too long and the ensuing legal proceedings remain ongoing. A KPMG review into Fair Work Australia's investigations into the Health Services Union identified shortcomings in the conduct of those investigations. Members of the Union and the community not only want a strong regulatory regime to give them confidence in their registered organisations, they also want swift action taken when standards are breached. In order to do this, it is necessary to have a robust regulator in place with appropriate powers and resources, together with meaningful sanctions that can be applied when wrongdoing is revealed.
To improve oversight of registered organisations, the Bill will establish a dedicated independent watchdog, the Registered Organisations Commission (the Commission), and provide it with enhanced investigation and information gathering powers to monitor and regulate registered organisations.
The new Commission will have the necessary independence and the powers it needs to regulate registered organisations effectively, efficiently and transparently.
The Commission will be headed by the Registered Organisations Commissioner (the Commissioner), who will be appointed by the Minister.
The Commission will have stronger investigation and information gathering powers than those that currently apply. These will be modelled on those available to the Australian Securities and Investments Commission, which will further enhance the ability of the Commissioner to provide strong and efficient regulation of unions and employer associations. The Commission will have the power to commence legal proceedings and refer possible criminal offences to the Director of Public Prosecutions or law enforcement agencies.
The Bill also ensures that there are appropriate sanctions against efforts to hinder or mislead investigations. This will give all members confidence that should they make a complaint to the Commission about a registered organisation, that organisation and its officials must comply with the requirements of the investigation process or face sanctions. Members can also have confidence in the fact that under the new legislation, a person convicted of particular offences will not be eligible to be an officer of an organisation or to stand for election to office.
The Commission will also educate, assist and advise registered organisations and their members in relation to the new obligations, and ensure members are aware of their rights.
The Commission will be established within the Office of the Fair Work Ombudsman.
While located within the Office of the Fair Work Ombudsman, the Commissioner will have independence in the exercise of the relevant functions and powers under the law, and the authority to direct staff in relation to the performance of those functions.
To ensure financial independence a special financial account will be established for the Commission and the Commissioner will have responsibility for day-to-day management of the account.
The Commission will be required to report annually to the Minister for Employment on its activities and that report will be tabled in Parliament. The Commissioner will appear at Senate Estimates.
The activities of the Commission will also be subject to the same oversight by the Commonwealth Ombudsman as Commonwealth agencies. This will ensure the appropriate level of transparency and public accountability.
As is common with statutory office holders, the Minister will be able to give directions of a general nature to the Commissioner. These directions must be in writing and will be disallowable instruments. For the avoidance of any doubt, I want to be absolutely clear that the Minister will not have any powers to give directions as to a particular matter or investigation.
The Bill also provides for information sharing between the Fair Work Commission and the Registered Organisations Commission to the extent that is required for both organisations to do their job effectively and efficiently. This is required as several administrative tasks relating to registered organisations will continue to be the responsibility of the General Manager of the Fair Work Commission.
Transitional arrangements have been included in the Bill to ensure any ongoing matters being dealt with by the Fair Work Commission relating to registered organisations can be dealt with by the Registered Organisations Commission.
As well as establishing a strong, independent regulator, the Bill introduces reporting and disclosure requirements and enhanced penalties for wrongdoing.
Many registered organisations control assets worth millions of dollars – they are effectively dealing with cash flow and investments similar to those of large businesses.
That is why the Bill introduces financial and operational reporting requirements for registered organisations that align with those in the Corporations Act. This will strengthen existing financial reporting, disclosure and transparency obligations for registered organisations and their officers.
It is entirely appropriate to expect a high standard of financial reporting from our registered organisations given the trust members place in their unions and employer associations to operate honestly, and to use the funds derived from their membership fees to represent their interests rather than for ulterior purposes. Registered organisations have substantial economic, legal and political influence. It is clearly inconsistent with community expectations for such organisations to operate to lower standards than those that apply to corporations or other comparable bodies.
Registered organisations will need to disclose remuneration paid to their top five officers in the head office and any branches. Officers will be required to disclose their material personal interests to all members. This means disclosing the personal interests of officers and their relatives, and declaring any payments made to persons or entities in which an officer has declared an interest. This aims to prevent individuals from improperly benefiting from their role in the organisation - for example by an officer procuring goods or services from a company they hold some interest in without disclosing that interest and an appropriate and transparent process not being followed.
Registered organisations will be required to provide a summary of this information to members in an 'officer and related party disclosure statement' and lodge it with the Commission.
While the Corporations Act only requires directors to disclose conflicts of interest to their fellow directors, the Government believes that officers of registered organisations should be required to disclose such matters to members, as they are elected by members to represent their interests. Members deserve to know who is in control of their money and where any conflicts might exist.
Mr Thomson and Mr Williamson have shown us that the existing regulation does not sufficiently protect members' interests. Unfortunately, there will always be less scrupulous individuals who will seek to take advantage of their positions when standards of accountability and the risk of getting caught are low.
In the face of this kind of behaviour, a strong message needs to be sent to discourage wrongdoing by officers and to rebuild the confidence of members and the community. Enhanced reporting and disclosure requirements and a strong and efficient regulator will have little impact if the penalties for wrongdoing are not high enough to act as a deterrent.
Currently, registered organisations and officers do not face the same consequences as companies and directors for wrongdoing. That is why the Government is introducing significantly higher civil penalties, and a range of criminal penalties, for those registered organisations and officials who do the wrong thing. These penalties are in line with those facing companies and directors who break the law.
In relation to civil penalty breaches, the maximum penalty for serious contraventions will be 1200 penalty units for an individual or 6000 penalty units for a body corporate. This will apply to serious contraventions. What will constitute a serious contravention is defined in the Bill. Other breaches will be exposed to a maximum civil penalty of 100 penalty units for an individual or 500 penalty units for a body corporate. By way of comparison, the current maximum penalties for even the worst misbehaviour are only 60 penalty units for individuals. The Federal Court will also have the power to disqualify an officer from holding office where a civil penalty provision has been contravened and the court is satisfied disqualification is justified.
Criminal penalties are being introduced for serious breaches of officers' duties as well as offences in relation to the conduct of investigations under the Registered Organisations Act. The maximum penalties in these areas are 2000 penalty units or 5 years imprisonment or both.
Broadly, these offences relate to officers and employees of registered organisations who fail to exercise their powers or discharge duties in good faith and for a proper purpose. These offences also apply where an officer uses their position to gain advantage for themselves or someone else, or uses information gained while an officer or employee to gain an advantage for themselves or someone else.
Criminal sanctions will also apply where an officer does not comply with the Commissioner's new investigation powers. These sanctions align with the penalties that apply to non-compliance with an ASIC investigation and will ensure that officers of registered organisations take their obligations and the directions of the Commissioner seriously.
Some registered organisations have indicated concern that the new penalties will mean that they will have difficulty persuading people to take on official responsibilities. The Government does not agree.
The only people who have anything to fear are those who do the wrong thing. A rigorous structure and processes will be in place for investigation and prosecution of alleged wrong doing. Officers who are operating within the law, which is the overwhelming majority of them, will have no reason to fear taking on official responsibilities. The overwhelming number of officers who are already doing the right thing should be comforted in knowing that unlawful behaviour will be dealt with, thus ensuring ongoing member confidence in registered organisations as a whole.
The Coalition Government firmly believes that there should be no difference between the penalties levied against a company director who misuses shareholders' funds and a registered organisations boss who misuses members' money.
I recognise the broad community consensus for the Government's amendments including from one of Australia's most prominent union bosses Mr Paul Howes of the Australian Workers' Union, who told the ABC on 26 November 2012:
"I actually believe there is a higher responsibility for us as guardians of workers' money to protect that money and to act diligently and honestly".
"The reality is I do not have any issue with increasing the level of requirements and penalties on trade unions for breaching basic ethics like misappropriation of funds."
The Government's intention is to see the Registered Organisations Commission begin operation from early 2014, with new disclosure and reporting obligations, higher civil penalties and new criminal sanctions coming into effect from 1 July 2014.
This timing aligns with the financial year basis of reporting obligations, and will provide registered organisations and officers with time to become familiar with the new obligations and the penalties associated with those obligations.
In developing the Bill, the Government consulted with National Workplace Relations Consultative Council members through the Committee on Industrial Legislation which includes employer and employee associations. The Government made a number of key changes to the Bill, as well as several minor and technical amendments, in response to the feedback received. The Government thanks these Committee members for taking the time to review the draft legislation.
I understand that some members suggested the Bill should be delayed. The Government believes there is no time to lose in implementing these important safeguards for members relating to the operation of registered organisations.
Again, the only people who have anything to fear by these amendments are those who do the wrong thing. Anyone in this place who has a regard for the members of registered organisations and their money will support this Bill.
Any political party that refuses to support this greater accountability and transparency for registered organisations is voting to give the green light to more of the same behaviour that we have seen from Mr Michael Williamson and Mr Craig Thomson. It is simply no longer tenable to argue that the present system is adequate to deal with or discourage this kind of behaviour.
The Government believes the Bill sets a suitably high standard for the governance and regulation of registered organisations. It responds to the legitimate concerns of members of registered organisations and the community as a result of the shocking behaviour of certain Health Services Union officials. Only those officers who do the wrong thing have anything to lose from these changes. Members of registered organisations and the community have everything to gain.
That government business order of the day no. 44, the Australian Civilian Corps Amendment Bill 2013, be postponed till a later hour.
Import Processing Charges Amendment Bill 2013
That this bill be now read a third time.
Grape and Wine Legislation Amendment (Australian Grape and Wine Authority) Bill 2013
Primary Industries (Customs) Charges Amendment (Australian Grape and Wine Authority) Bill 2013
Primary Industries (Excise) Levies Amendment (Australian Grape and Wine Authority) Bill 2013
That these bills be now read a third time.
Offshore Petroleum and Greenhouse Gas Storage Amendment (Cash Bidding) Bill 2013
Offshore Petroleum and Greenhouse Gas Storage (Regulatory Levies) Amendment Bill 2013
That these bills be now read a third time.
Rural Research and Development Legislation Amendment Bill 2013
Primary Industries (Excise) Levies Amendment Bill 2013
Primary Industries (Customs) Charges Amendment Bill 2013
That these bills be now read a third time.
Customs Amendment (Anti-Dumping Commission Transfer) Bill 2013
That this bill be now read a third time.
That intervening business be postponed till after consideration of government business order of the day no. 14 (Australian Civilian Corps Amendment Bill 2013).
Australian Civilian Corps Amendment Bill 2013
That this bill be now read a third time.
Social Services and Other Legislation Amendment Bill 2013
The significant social cost of problem gambling … means that even policy measures with modest efficacy in reducing harm will often be worthwhile.
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 to vary the hours of meeting and routine of business for today.
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 to vary the hours of meeting and routine of business for today.
Can I repeat—repeat—and say very, very strongly on behalf of the opposition that we oppose any further adjourning of the Senate, because we believe these issues need to be ventilated, and ventilated fully.
They are treating this chamber in a most shameful manner.
We have a situation where, with virtually no notice, the Manager of Government Business moves to change the sitting hours—
… … …
… when it comes to the management of this place the safest and most respectful pair of hands to manage the Senate is not the Green-Labor alliance … we actually do respect this place.
The Senate divided. [14:45]
(The President—Senator Hogg)
You do think, should I have been more conservative? But the timescales are already set for you, the time frames are already put out there for you so there's not much you can do.
… will place unprecedented pressure on the local supplier network and our ability to build cars in Australia.
The Marriage Act provides that a marriage can be solemnised in Australia only between a man and woman and that a union solemnised in a foreign country between a same sex couple must not be recognised as a marriage in Australia. That act is a comprehensive and exhaustive statement of the law of marriage.
Irrespective of anyone's views on the desirability or otherwise of same-sex marriage, it is clearly in Australia's interests that there be nationally consistent marriage laws.
… Robert French has zero credibility.
That the Senate take note of the answers given by the Minister for Employment (Senator Abetz) and the Minister for Veterans’ Affairs (Senator Ronaldson) to questions without notice asked by Senators Farrell, Carr and Conroy today relating to the automotive industry.
Holden will be here in Australia producing cars for at least the next 10 years. That's great news. And it's as a result of a more than $1 billion co-investment between the Federal Government, the South Australian Government, the Victorian Government and of course Holden …
The Prime Minister said the Federal Government’s contribution would be $215 million …
I have secured guaranteed support for GM Holden, Elizabeth, ensuring production until 2022.
We cut a deal with the prime minister of the country in the Lodge back in 2008, showed our business plan, as did Ford, as did Toyota, made investments and then midway through … the rules of the game changed.
There is no question that a tax on electricity, in making it more expensive in input costs, makes it more difficult for me to make money building cars.
Unfortunately the Green Car Innovation Fund was abolished, leaving international company executives wondering just what they had to do to get a consistent government policy commitment in Australia.
… come clean with the Australian people …
… call on Holden to come clean with the Australian people about their intentions here.
We want them to be honest about it—we want them to be fair dinkum …
PRESIDENT ' S REPORT TO THE SENATE ON GOVERNMENT RESPONSES OUTSTANDING TO PARLIAMENTARY COMMITTEE REPORTS
AS AT 12 DECEMBER 2013
PREFACE
This document continues the practice of presenting to the Senate twice each year a list of government responses to Senate and joint committee reports as well as responses which remain outstanding.
The practice of presenting this list to the Senate is in accordance with the resolution of the Senate of 14 March 1973 and the undertaking by successive governments to respond to parliamentary committee reports in timely fashion. On 26 May 1978 the Minister for Administrative Services (Senator Withers) informed the Senate that within six months of the tabling of a committee report, the responsible minister would make a statement in the Parliament outlining the action the government proposed to take in relation to the report. The period for responses was reduced from six months to three months in 1983 by the incoming government. The Leader of the Government in the Senate announced this change on 24 August 1983. The method of response continued to be by way of statement. Subsequently, on 16 October 1991 [tabled 5 Nov 1991] the government advised that responses to committee reports would be made by letter to a committee chair, with the letter being tabled in the Senate at the earliest opportunity. The government affirmed this commitment in June 1996 to respond to relevant parliamentary committee reports within three months of presentation.
On 29 September 2010, the House agreed to a resolution which places a six month response time on House and joint committee reports tabled in the House1. The Senate has not agreed to a similar resolution. Therefore, this list is prepared on the basis of retaining the three month reporting undertaking for Senate and joint committee reports tabled in the Senate.
This list does not usually include reports of the Parliamentary Standing Committee on Public Works, the Parliamentary Joint Committee on Human Rights or the following Senate Standing Committees: Appropriations and Staffing, Privileges, Procedure, Publications, Regulations and Ordinances, Scrutiny of Bills, Selection of Bills and Senators' Interests. However, such reports will be included if they require a response. Government responses to reports of the Public Works Committee are normally reflected in motions in the House of Representatives for the approval of works after the relevant report has been presented and considered.
Reports of the Joint Committee of Public Accounts and Audit (JCPAA) primarily make administrative recommendations but may make policy recommendations. A government response is required in respect of such policy recommendations made by the committee. However, responses to administrative recommendations are made in the form of an executive minute provided to, and subsequently tabled by, the committee. Agencies responding to administrative recommendations are required to provide an executive minute within six months of the tabling of a report. The committee monitors the provision of such responses.
An entry on this list for a report of the JCPAA containing only administrative recommendations is annotated to indicate that the response is to be provided in the form of an executive minute. Consequently, any other government response is not required. However, any reports containing policy recommendations are included in this report as requiring a government response.
Senate committees report on bills and the provisions of bills. Only those reports in this category that make recommendations which cannot readily be addressed during the consideration of the bill, and therefore require a response, are listed. The list also does not include reports by committees on estimates or scrutiny of annual reports, unless recommendations are made that require a response.
A guide to the legend used in the ' Date response presented/made to the Senate ' column
* See document tabled in the Senate on 11 December 2013, entitled Government Response to Parliamentary Committee Reports–Response to the schedule tabled by the President of the Senate on 27 June 2013 for Government interim/final response.
** Report contains administrative recommendations – any response to those recommendations is to be provided to the JCPAA committee in the form of an executive minute.
______________
1 See House of Representatives Votes and Proceedings, 29 September 2010, p44
Commonwealth Inscribed Stock Amendment Bill 2013
That the report be adopted.
Appendix
Response by Father Frank Brennan SJ AO
Pursuant to Resolution 5(7)(b) of the Senate of 25 February 1988
Reply to statement by Senator the Hon George Brandis
(4 December 2013)
I claim to have been misrepresented and wronged by Senator the Hon George Brandis QC. I ask that this matter be referred to the Senate Privileges Committee.
Senator the Hon George Brandis QC told the Senate (Hansard 4/12, p.44) in a Ministerial Statement on National Security that on the evening of 3 December 2013 “rather wild and injudicious claims were made …disappointingly, by Father Frank Brennan, that the purpose for which the search warrants were issued was to somehow impede or subvert the arbitration”.
I am Fr Frank Brennan SJ AO, professor of law at the Australian Catholic University, and adjunct professor at the Australian National University.
Attached please find the transcript of my interview on the ABC 7.30 program on 3 December 2013, and an article from The Guardian dated 3 December 2013 entitled “Timor-Leste spy case: ‘witness held, and lawyer's office raided by ASIO’” which formed the only basis for Senator Brandis’s adverse remarks about me.
On the evening of 3 December 2013, I did not claim “that the purpose for which the search warrants were issued was to somehow impede or subvert the arbitration”. I did not imply this in what I said. No reasonable listener would infer this from what I said. I do concede that many listeners being acquainted with the fact that raids had occurred and with the timing of the raids might have made presumptions about the likely effect of the raids on any pending arbitration. Some might even have speculated about the purpose of those who instituted the raids. But I made no claims about the intent to impede or subvert any arbitration. A statement of fact that raids had occurred and that arbitration was pending could not be classified as a “wild and injudicious claim” unless of course the raids did not occur or the arbitration was not pending. Senator Brandis admits that the raids occurred and that the arbitration was pending.
The assertion by Senator Brandis, garnished with a loose characterisation of my remarks as “rather wild and injudicious claims”, may reflect adversely on my character and standing as a professor of law, Catholic priest, and public advocate for social justice who studiously and professionally avoids making wild and injudicious claims.
I seek the right of reply. I claim to have been misrepresented by Senator Brandis. I have had the opportunity for a frank and amicable discussion with the Senator and I am satisfied that he had absolutely no intention of impugning my character. We have known each other for decades and we are well used to robust, respectful public discussion.
Please be assured my availability to assist the Committee in any way possible. I look forward to a prompt resolution of this matter.
That consideration of the report be made a business of the Senate order of the day for the next day of sitting.
That senators be discharged from and appointed to committees in accordance with the document circulated in the chamber.
Abbott Government’s Commission of Audit—Select Committee—
Appointed––
Senators Bernardi, Bushby, Dastyari, Di Natale, Lines, Lundy and Smith
Participating members: Senators Abetz, Back, Bilyk, Birmingham, Bishop, Boswell, Boyce, Brandis, Brown, Cameron, Carr, Cash, Colbeck, Collins, Conroy, Cormann, Edwards, Eggleston, Farrell, Faulkner, Fawcett, Fierravanti-Wells, Fifield, Furner, Gallacher, Ludlam, Ludwig, Hanson‑Young, Heffernan, Johnston, Kroger, Macdonald, Marshall, Mason, McEwen, McKenzie, McLucas, Milne, Moore, Nash, O’Neill, Parry, Payne, Peris, Polley, Pratt, Rhiannon, Ronaldson, Ryan, Ruston, Scullion, Seselja, Siewert, Singh, Sinodinos, Stephens, Sterle, Thorp, Tillem, Urquhart, Waters, Whish-Wilson, Williams, Wong and Wright.
Education and Employment References Committee—
Appointed—
Substitute members:
Senator Hanson-Young to replace Senator Rhiannon for the committee’s inquiry into the immediate future of the childcare sector in Australia
Senator Hanson-Young to replace Senator Rhiannon for the committee’s inquiry into the delivery of quality and affordable early childhood education and care services
Participating member: Senator Rhiannon
Foreign Affairs, Defence and Trade—Joint Standing Committee—
Discharged—Senator Ludwig
Appointed—Senator Bishop
Foreign Affairs, Defence and Trade Legislation Committee—
Appointed—
Substitute member: Senator Ludlam to replace Senator Whish-Wilson for the committee’s inquiry into the Defence Legislation Amendment (Woomera Prohibited Area) Bill 2013
Participating member: Senator Whish-Wilson
Intelligence and Security—Joint Statutory Committee—
Appointed—Senators Bishop, Eggleston, Fawcett, Faulkner and Ludwig, pursuant to the Intelligence Services Act 2001
Legal and Constitutional Affairs Legislation Committee—
Appointed—
Substitute member: Senator Hanson-Young to replace Senator Wright for the committee’s inquiry into the Migration Amendment Bill 2013
Participating member: Senator Wright
Legal and Constitutional Affairs References Committee—
Appointed—
Substitute member: Senator Ludlam to replace Senator Wright for the committee’s inquiry into the comprehensive revision of the Telecommunications (Interception and Access) Act 1979
Participating member: Senator Wright
Rural and Regional Affairs and Transport References Committee—
Appointed—
Substitute members:
Senator Rhiannon to replace Senator Whish-Wilson for the committee’s inquiry into public transport
Senator Siewert to replace Senator Whish-Wilson for the committee’s inquiry into the implications of the restrictions on the use of Fenthion on Australia’s horticulture industry
Senator Siewert to replace Senator Whish-Wilson for the committee’s inquiry into the future of beekeeping and pollination service industries in Australia
Senator Siewert to replace Senator Whish-Wilson for the committee’s inquiry into grass-fed cattle levies
Participating member: Senator Whish-Wilson
School Funding—Select Committee—
Appointed––
Senators Collins, Kroger, McKenzie, O’Neill, Urquhart, Williams and Wright
Participating members: Senators Abetz, Back, Bernardi, Bilyk, Bishop, Birmingham, Boswell, Boyce, Brandis, Brown, Bushby, Cameron, Cash, Carr, Colbeck, Conroy, Cormann, Dastyari, Edwards, Eggleston, Farrell, Faulkner, Fawcett, Fierravanti-Wells, Fifield, Furner, Gallacher, Heffernan, Johnston, Lines, Ludwig, Lundy, Macdonald, Marshall, Mason, McEwen, McLucas, Moore, Nash, Parry, Payne, Peris, Polley, Pratt, Ronaldson, Ryan, Ruston, Scullion, Seselja, Singh, Sinodinos, Smith, Stephens, Sterle, Thorp, Tillem and Wong.
The Senate divided. [16:34]
(The President—Senator Hogg)
That the Senate condemns the Coalition for its failure to honour its pre-election commitments to the Australian people.
The Coalition is committed to supporting a viable automotive sector in Australia for the long term. We have always worked closely with the car industry and will continue to do so.
We are going to keep the promise that we actually made, not the promise that some people thought that we made, or the promise that some people might have liked us to make.
We will absolutely honour all of our commitments, and contracts which have been entered into will be honoured.
That the Senate condemns the Coalition for its failure to honour its pre election commitments to the Australian people.
The 2011-12 results demonstrate we are making good progress and are broadly on track to deliver the results committed to by the government under their aid policy framework.
That the Senate, at its rising, adjourn till Tuesday, 11 February 2014 at 12.30 pm, or such other time as may be fixed by the President or, in the event of the President being unavailable, by the Deputy President, and that the time of meeting so determined shall be notified to each senator.
That leave of absence be granted to every member of the Senate from the end of the sitting today to the day on which the Senate next meets.
Sport has the power to change the world. It has the power to inspire, it has the power to unite people in a way that little else does. It speaks to youth in a language they understand. Sport can create hope, where once there was only despair. It is more powerful than governments in breaking down racial barriers.