The PRESIDENT (Senator the Hon. John Hog g) took the chair at 09:30, read prayers and made an acknowledgement of country.
That so much of the standing orders be suspended as would prevent her moving a motion relating to the conduct of the business of the Senate, namely a motion to give precedence to a motion relating to the conduct of the Assistant Treasurer (Senator Sinodinos).
It really is unconscionable for the Labor Party and the Prime Minister to continue to rely on this person's vote. I think that the best thing Craig Thomson could now do would be for him to leave parliament and let someone else represent the people of Dobell. Look, it is a disgrace, it is an embarrassment to the Labor Party which spawned and nurtured and protected this person and it's a disgrace to public morality that this has happened,
I played no role in the awarding of the January 2012 contract to AWH by Sydney Water.
The Senate divided. [10:13]
(The President—Senator Hogg)
That a motion relating to the conduct of the Assistant Treasurer (Senator Sinodinos) may be moved immediately and have precedence over all other business today till determined.
That—
(1) the Senate requires the Assistant Treasurer (Senator Sinodinos) to immediately attend the Chamber to provide the Senate with a full explanation of his dealings as a director of Australian Water Holdings, with particular reference to political donations, his shareholdings and his role in contract negotiations negotiations and his statement made in the Senate on 28 February 2013 and reaffirmed during question time on 6 March 2014;
(2) at the conclusion of the statement a senator may move to take note of the explanation; and
(3) if no statement has been made by Senator Sinodinos before 12 pm today, the Leader of the Opposition in the Senate (Senator Wong) may immediately move a further motion relating to Senator Sinodinos' failure to comply.
I played no role in the awarding of the January 2012 contract to AWH by Sydney Water.
I believe the best way forward is an urgent roundtable meeting that we attend with the Shareholding Ministers to resolve this matter once and for all. I would suggest that you and the Managing Director of Sydney attend this meeting.
In relation to the political donations by Australian Water, these were handled by the management of the organisation at their discretion. I do not recollect donations to political parties being discussed at board level.
Australian Water Holdings were making big donations to the Liberal Party—$20,000 here, $30,000 there—and on what I have seen, those donations were bundled up into the expenses and charged back to Sydney Water. From the records I have seen, it seems that Sydney Water has unwillingly, unknowingly been a principal donor to the Liberal Party.
I became non-executive chairman of AWH on 3 November 2010. I was not aware that, at around this time, the CEO of the company had negotiated what has been reported as a personal loan agreement with members of the Obeid family, secured against shares in Australian Water Holdings. I believe that there should have been such a disclosure made to me.
Nowhere is it alleged that Senator Sinodinos acted improperly, dishonestly or corruptly. He will give evidence at a later hearing to explain his role, and that will be eagerly awaited.
… to immediately attend the Chamber to provide the Senate with a full explanation of his dealings as a director of Australian Water Holdings, with particular reference to political donations, his shareholdings and his role in contract negotiations … and his statement made in the Senate on 28 February 2013 and reaffirmed during question time on 6 March 2014;
… if no statement has been made … before 12 pm today, the Leader of the Opposition in the Senate … may immediately move a further motion relating to Senator Sinodinos' failure to comply.
It's … difficult to offer observations on the conduct of Mr Sinodinos—
It's quite transparent that Mr Sinodinos's true role in Australian Water Holdings was to open lines of communication with the Liberal party and there will be evidence that he tried to do so.
From the records I have seen, it seems that Sydney Water has unwillingly, unknowingly been a principal donor to the Liberal Party.
Based upon the PricewaterhouseCoopers valuation, if the PPP came through Mr Sinodinos would have enjoyed a $10 to $20 million payday.
It is presently difficult to offer observations on the conduct of Mr Sinodinos. He has other involvements which will come under scrutiny in Operation Spicer.
It is quite transparent that Mr Sinodinos's true role in Australian Water Holdings—
was to open lines of communication with the Liberal Party. There will be evidence that he tried to do so.
I played no role in the awarding of the January 2012 contract to AWH by Sydney Water.
I became non-executive chairman of AWH on 3 November 2010. I was not aware that, at around this time, the CEO of the company had negotiated what has been reported as a personal loan agreement with members of the Obeid family, secured against shares in Australian Water Holdings.
I believe that there should have been such a disclosure made to me.
I am not suggesting that Senator Sinodinos acted corruptly. Not for one moment … I would not do that.
I am not suggesting that Senator Sinodinos acted corruptly. Not for one moment …
I played no role in the awarding of the January 2012 contract to AWH by Sydney Water.
I was by then in the Senate and Mr Michael Costa—
I was by then in the Senate and Mr Michael Costa, who succeeded me as chairman, was responsible for securing that agreement. I understand from public statements by New South Wales government ministers that this process was conducted at arm's length between the two parties to the contract, AWH and Sydney Water.
I became non-executive chairman of AWH on 3 November 2010. I was not aware that, at around this time, the CEO of the company had negotiated what has been reported as a personal loan agreement with members of the Obeid family, secured against shares in Australian Water Holdings. I believe that there should have been such a disclosure made to me.
That the question be now put.
The Senate divided. [11:58]
(The President—Senator Hogg)
The Senate divided. [12:03]
(The President—Senator Hogg)
That the Senate—
(1) reaffirms the principle that ministers are accountable to the Senate, and through the Senate, to the Australian people;
(2) notes the failure of the Assistant—
…if no statement has been made by Senator Sinodinos before 12 pm today, the Leader of the Opposition in the Senate (Senator Wong) may immediately move a further motion relating to Senator Sinodinos' failure to comply.
That the Senate reaffirms-
That the Senate reaffirms-
(3) if no statement has been made by Senator Sinodinos before 12 pm today, the Leader of the Opposition in the Senate (Senator Wong) may immediately move a further motion relating to Senator Sinodinos' failure to comply.
That the Senate—
(1) reaffirms the principle that ministers are accountable to the Senate and, through the Senate, the Australian people—
That the Senate—
(1) reaffirms the—
That the Senate—
Today marks the launch of the International Year of Solidarity with the Palestinian People. This will be a critical year for achieving the two-State solution, bringing an end to the occupation that started in 1967, and securing an independent, viable and sovereign State of Palestine living in peace and security with the State of Israel where each recognizes the other’s legitimate rights.
I call on all members of the international community and, in particular, Israelis and Palestinians, to work together for justice and a durable peace. Israel and Palestine need to live up to their commitment to a negotiated two-State solution and resolve all permanent status issues, in accordance with Security Council resolutions, the Madrid principles, the Road Map, the 2002 Arab Peace initiative and existing agreements between the parties.
The leaders of Israel and Palestine will need political will, a sense of historic responsibility and a clear vision for a better future for this and future generations. I pledge to do my utmost in support of their efforts.
When I have a conversation with Bibi, that’s the essence of my conversation—
"If not now, when? And if not you, Mr. Prime Minister, then who? How does this get resolved?"
Israel has arrived at an important juncture in its history, and I say this as someone who was born with the state and has never been (and will never be) the citizen of another country. We must choose now, immediately, between the two options—do we divide the territory between the Jordan River and the Mediterranean Sea into two states, or do we build a common state?
There is no consensus regarding this issue among the Israeli public. Not even in the government or the ruling party. There are intense deliberations in Israel, and this is also the moment when world Jewry should carefully examine its stand on this issue.
The Israeli decision this time is different, not only because it must make decisions regarding borders and the future of the country, but also because this time Israel faces the consolidated and organized world opinion—a global consensus—that a Palestinian state should be established alongside Israel. The next Israeli decision that is upon us—for better or for worse—will therefore determine our size and our national character, and also the question of our international standing. This is probably the most fateful decision since the creation of Israel, and as felt by many, the last chance to decide our fate before things will get out of control.
I am not saying that the Jewish world should be quiet silent at this time. But on the other hand, I also don’t think that with the issue at hand—an Israeli withdrawal from the West Bank—any Jewish “establishment” in the Diaspora has the authority to speak on our behalf. This is the moment to put aside all the clichés, all the conventions, and all the brainwashing of three generations. This is the moment to think—not only for us here in Israel, but for every Jew in the world who genuinely cares about Israel’s character and future. Every such Jew should put himself in our shoes, and reflect on whether he would be willing to live in a country that denies 2.5 million of its residents their citizenship. The alternative on which the Jews should reflect is whether they are willing to grant Israeli citizenship to the large Palestinian public in the West Bank, at the cost of making the Jewish state a bi-national Israeli-Palestinian state.
There is another question that must be asked: Are you, dear Jew in Melbourne, Toronto or Paris, ready to support a decision that would make Israel a pariah state in the international arena? What would you do, dear Jew, if the risk of such isolation was hovering over the heads of Australia, France and Canada, countries whose passports you hold? Would you be willing to approve a decision that would isolate the country in which you live and raise your family?
You cannot, at this crucial moment for the future of the state of Israel, continue to recite outdated slogans recited for generations. Now is the moment when we must all together hit the reset button and rethink our destiny. Without a reset we risk the destruction of the magnificent edifice we have built here over the past 66 years.
Compassion is not a sign of weakness. It takes courage to stand up for what is right and it takes courage to search for a policy that will save lives and give safety to vulnerable people. When someone begs for your help, only a coward would turn their back. We are a better country than this.
I want to live in a better Australia, a more humane Australia and a more compassionate Australia. I want to welcome new arrivals. I don’t want them alienated and imprisoned and made to feel like criminals. I want our government to accept responsibility and find a kinder way.
There is no need to be agitated on this.
The NPAH has been an important catalyst for improving integration with mainstream services. NPAH services have provided clients with intensive case management, including linking clients and their children with mainstream services such as education, training, employment, mental health and drug and alcohol services.
Already we're seeing a great deal of stress amongst service providers, staff are actually looking around and leaving and finding other employment because they're uncertain as to whether their job will still exist in a few months' time.
What the mining sector needs now is a reduction in costs, and certainty about the tax environment it operates in. That will help bring home the next wave of investment in this important sector.
1. Pedagogical approaches—Ways of teaching and learning, including assessing learning related to specific areas and matched to the capabilities of students
2. Subject content … and
3. Professional experience … Improved university and in-school professional experience opportunities for pre-service teachers and better support from experienced mentor teachers.
The Inquiry will help define a much needed long term strategy for science and innovation …
That the Senate take note of the answers given by the Minister for Employment (Senator Abetz) to questions without notice asked by Opposition senators today.
Senator Sinodinos has done the right and decent thing … as you'd expect from someone who has given our country such long and faithful service.
I look forward to his restoration to the ministry.
The Labor Party has a surplus of corporate knowledge in the anti-corruption inquiry ''space''.
In recent years the appearance of one of its MPs before the Independent Commission Against Corruption has been such a regular occurrence it has almost become a comfort - a reminder that, even in this crazy, fast-paced world of ours, some things can always be counted on: death, taxes, and the strong civic interest colourful Labor characters take in the awarding of mining and water licences.
That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by Senator Wright today relating to proposed changes to the Racial Discrimination Act 1975 .
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Civil Aviation Amendment (CASA Board) Bill 2014
Farm Household Support Bill 2014
Farm Household Support (Consequential and Transitional Provisions) Bill 2014
Quarantine Charges (Collection) Bill 2014
Quarantine Charges (Imposition—Customs) Bill 2014
Quarantine Charges (Imposition—Excise) Bill 2014
Quarantine Charges (Imposition—General) Bill 2014.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
FARM HOUSEHOLD SUPPORT BILL 2014
FARM HOUSEHOLD SUPPORT (CONSEQUENTIAL AMENDMENTS) BILL 2014
Purpose of the Bill
These bills will establish the Farm Household Allowance (FHA) and amend related legislation to provide for financial assistance to farmers and their partners who are experiencing financial hardship. They provide a time-limited payment and support to help them improve their situation.
The bills will also repeal the Farm Household Support Act 1992 to remove redundant provisions, including provisions relating to the Exceptional Circumstances Relief Payment (ECRP).
Reasons for Urgency
Introduction and passage in the 2014 Autumn sittings is required to allow commencement of the FHA no later than 1 July 2014. The FHA is the Australian Government’s key commitment under the Intergovernmental Agreement on National Drought Program Reform (IGA), agreed on 3 May 2013, and was announced in the 2013–2014 Budget. The IGA requires that programs forming part of National Drought Program Reform, including the FHA, are to be implemented prior to or on 1 July 2014.
The FHA will replace the existing ECRP and Transitional Farm Family Payment (TFFP). The Department of Human Services (DHS) has undertaken considerable work on the Information Technology (IT) system to administer the FHA. Any changes to the settings as a result of the legislative process will need to be included in the IT system.
Passage of the bill in the 2014 Autumn sittings will allow the Government to make the FHA available to farmers in hardship, which would coincide with the expiration of TFFP. Without passage of this legislation in the Autumn sittings, the existing Exceptional Circumstances (EC) arrangements will remain in place, requiring an EC declaration in order for assistance to flow to affected farmers.
Given climatic conditions are deteriorating in some states, in particular Queensland and New South Wales, it is essential that the Government can provide financial support to farmers and their partners in hardship, whether it is caused by drought or other circumstances.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
QUARANTINE CHARGES (COLLECTION) BILL
QUARANTINE CHARGES (IMPOSITION – GENERAL) BILL
QUARANTINE CHARGES (IMPOSITION – CUSTOMS) BILL
QUARANTINE CHARGES (IMPOSITION – EXCISE) BILL
Purpose of the Bills
The purpose of the bills is to enable the imposition and collection of charges associated with operating Australia’s biosecurity and quarantine imports system. Specifically it will enable cost recovery of services that provide general benefits to users of the biosecurity system.
It is important to note that this action will not lead to any change to the quantum of charge imposed on clients. Rather, the legislation will ensure that quarantine and biosecurity cost recovery arrangements are consistent with the Australian Government Cost Recovery Guidelines.
Reason for Urgency
Introduction and passage during the 2014 Autumn sittings is required to ensure that Australia’s biosecurity imports system is supported by an appropriate cost recovery structure. The risk based operating model that underpins biosecurity services has shifted the emphasis from high rates of direct intervention (funded through fees for service) to targeted interventions informed by risk assessments and supporting information (derived from compliance history, intelligence, assessments, surveillance and audit programs). These supporting services benefit users of the system generally and are not adequately cost recovered through a fees-for-service model.
The bills will provide the appropriate legislative basis to recover costs associated with biosecurity services that provide broad benefits to users of the biosecurity system. The legislation will complement the existing fee-for-service cost recovery mechanism and support Australia’s capacity to manage biosecurity risks into the future.
The amount of the charges will be detailed in subordinate legislation. Three fees for service will be converted to charges under this legislation.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2014 AUTUMN SITTINGS
CIVIL AVIATION AMENDMENT (CASA BOARD) BILL 2014
Purpose of the Bill
The Bill amends the Civil Aviation Act 1988 (the Act) to give effect to the Government's commitment, announced on 30 August 2013 in the Coalition's Policy for Aviation, to expand the membership of the Civil Aviation Safety Authority (CASA) Board by two members and allow for more aviation experience on the Board.
The Bill would also make minor amendments, consequential to the expansion of the Board, to increase the number of Board members required to constitute a quorum at a Board meeting and to increase the number of Board member requests required to call an ad hoc Board meeting.
Reasons for Urgency
The Government expects to receive the report of the Independent Aviation Safety Regulation Review in May 2014.
It is important therefore that the expanded and strengthened CASA Board be in place and stand ready to implement the Government's response to the Review. This response will include the Government issuing a new Statement of Expectations to CASA, establishing a new strategic direction for the Board.
Accordingly, the Government requests that this Bill is debated and achieves passage through both Houses during the current Autumn sitting period.
If the Bill is not introduced into the Senate until the Winter sitting period, the process for strengthening the Board's aviation experience would be unnecessarily delayed.
This delay would result in a situation where the new Board would not be in place before the commencement of the next financial year when the new strategic direction for CASA is intended to take effect.
That there be laid on the table by the Minister representing the Minister for Industry, no later than noon on Monday, 24 March 2014, copies of the Review of the South Australian Economy and theVictorian Manufacturing and Industry Economic Review , originally announced by the Government on 18 December 2013.
That the Senate—
(a) notes the 2014 Resilient Youth Australia survey’s findings, that 34 per cent of girls and 28 per cent of boys in years 7 to 12 feel constantly under strain and unable to overcome difficulties;
(b) affirms that every school student in Australia should be able to access the tools to develop emotional resilience; and
(c) calls on the Commonwealth Government to:
(i) facilitate nationwide monitoring of adolescents’ emotional resilience and wellbeing, and
(ii) ensure every school provides an environment conducive to students’ wellbeing, including access to qualified mental health support personnel, to support school students during adolescence.
That the Declaration of ‘corresponding State laws’ under subsection 7(1) of the Research Involving Human Embryos Act 2002 be disallowed.
That the following bill be introduced: A Bill for an Act to amend the Privacy Act 1988 , and for related purposes.Privacy Amendment (Privacy Alerts) Bill 2014 .
That the Senate—
(a) notes proposals by the Abbott Government to repeal the provisions of section 18C of the Racial Discrimination Act 1975 which provide protections against racial vilification;
(b) commends the words of the Member for Hasluck, Mr Ken Wyatt, who said he did not support repeal of these provisions because ‘Australia has come a long way in the last 30 or 40 years and what I wouldn’t like to see is a regression that allows those who have bigoted viewpoints to vilify any group of people’ and ‘I support the whole concept of free speech, but I think there are boundaries that you have to draw and this is one of them’; and
(c) reaffirms its strong stance against racial vilification.
That the Environment and Communications Legislation Committee be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 26 March 2014, from 5 pm to 6 pm, to take evidence for the committee’s inquiry into Australia Post.
That the Senate notes the upcoming Western Australian by-election will have significant implications for the people and the environment of Australia in the face of the Abbott Government.
That the Senate—
(a) notes:
(i) the plight of the pastoral industry in Northern Australia, exacerbated by the drought, other natural disasters and the live cattle export ban,
(ii) that the Assistant Treasurer (Senator Sinodinos) met with a representative gathering of pastoralists in Charters Towers last Monday, 10 March 2014;
(b) congratulates the Government on the drought package which will provide some relief to the northern beef cattle industry; and
(c) urges the Government to seriously address the ongoing issues which impact on the future of the northern beef cattle industry.
That the Senate—
(a) acknowledges that:
(i) 20 March is National Close the Gap Day, and
(ii) the gap in life expectancy and health outcomes between Aboriginal and non‑Aboriginal people remains unacceptable;
(b) notes that in their 2014 report the Close the Gap Steering Committee called for:
(i) the implementation and monitoring of a comprehensive National Action Plan on health,
(ii) meaningful partnerships between Indigenous and non‑Indigenous communities and health services,
(iii) improvements to Indigenous participation, control and delivery of health services,
(iv) a commitment to provide adequate and long‑term financial resources, including strengthening of the Indigenous health workforce, and
(v) the need to address critical social issues that impact on Indigenous health, including poor housing, nutrition, employment and education; and
(c) urges the federal, state and territory governments to continue to work together to achieve these important outcomes.
That leave of absence be granted to Senator Ludlam from 19 March to 20 March 2014 on account of electorate business.
That—
(a) if by 8 pm on Thursday, 20 March 2014, the following bills have not been finally considered:
Clean Energy Legislation (Carbon Tax Repeal) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment (Carbon Tax Repeal) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Import Levy) (Transitional Provisions) Bill 2013
Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment (Carbon Tax Repeal) Bill 2013
True-up Shortfall Levy (General) (Carbon Tax Repeal) Bill 2013
True-up Shortfall Levy (Excise) (Carbon Tax Repeal) Bill 2013
Customs Tariff Amendment (Carbon Tax Repeal) Bill 2013
Excise Tariff Amendment (Carbon Tax Repeal) Bill 2013
Clean Energy (Income Tax Rates and Other Amendments) Bill 2013
Minerals Resource Rent Tax Repeal and Other Measures Bill 2013,
the Senate shall not adjourn, the routine of business from not later than 8 pm shall be government business only, and the Senate shall continue to sit until it has finally considered these bills, or a motion for the adjournment is moved by a minister, whichever is the earlier; and
(b) divisions may take place after 4.30 pm.
The Senate divided. [15:57]
(The President—Senator Hogg)
That the Senate—
(a) notes:
(i) recent revelations of threats to water from the unconventional gas industry, including water contamination with uranium at 20 times the safe level, at coal seam gas company Santos' Pilliga operations,
(ii) recent reports of contamination of groundwater by asbestos contained in drilling fluids at Origin's coal seam gas operations in Queensland, and
(iii) the important role of the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development in advising on project impacts and conducting bioregional groundwater assessments; and
(b) calls on the Federal Government to:
(i) not issue any further approvals for unconventional gas mining under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act),
(ii) suspend all existing unconventional gas approvals,
(iii) maintain the funding for the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining Development,
(iv) expand the federal protection for water under the EPBC Act to include shale gas and tight gas mining, and
(v) retain federal powers to protect water from coal seam gas, rather than seeking to delegate these to state governments.
The Senate divided. [16:01]
(The Acting Deputy President—Senator Bernardi)
That the Senate—
(a) notes that:
(i) a number of serious safety breaches have occurred on Sydney commercial construction sites over the past 18 months, including the Barangaroo fire, the tower crane fire at the UTS building and the collapse of scaffolding at Mascot,
(ii) the increasing numbers of contractors and sub-contractors employed on large construction projects has been linked to insufficient control over safety practices,
(iii) WorkCover NSW has significantly scaled back its enforcement actions to protect working people’s safety in both the construction sector and more generally across New South Wales, and
(iv) the historic role construction unions played in winning support for occupational health and safety legislation and their ongoing role in promoting workplace safety;
(b) supports the call of unions for an urgent safety audit of major construction sites across Sydney; and
(c) urges the New South Wales Minister for Finance and Services, Mr Andrew Constance, to initiate this audit and allocate extra resources as required for the quick completion of this task.
That the Senate—
(a) notes:
(i) the launch of the Carers Australia report Defusing a Ticking Time Bomb on improving the quality and delivery of home care in Australia,
(ii) that carers provide over $40 billion in care each year, a cost that would otherwise be passed onto health, community and government services,
(iii) that Australia's care system is coming under increasing pressure, and
(iv) the health and wellbeing of a large proportion of the Australian community are dependent on the extent to which quality care can be administered in the home;
(b) acknowledges the critical role carers play in providing care in our community; and
(c) urges the Federal Government to review the report and develop a strategy to ensure better support for our carers.
That the Senate—
(a) notes the ongoing violent conflict in South Sudan;
(b) supports Australia's commitment of additional resources to the United Nations (UN) Mission in South Sudan and to UN efforts to bring peace and stability to South Sudan;
(c) supports an appropriate contribution by the Australian Government to promoting constructive dialogue between the various groups in the conflict; and
(d) calls on:
(i) all parties to the conflict in South Sudan to:
(A) immediately end armed conflict,
(B) respect the mandate and neutrality of the UN mission, and
(C) take measures to ensure the safety of all UN personnel, and
(ii) the Australian Government to:
(A) provide immediate humanitarian assistance to those at most serious risk, seeking the advice of the Australian South Sudanese communities about how best to target assistance, and
(B) support and resource projects in Australia that address divisions in the South Sudanese Australian community and promote harmony and unity.
Environment Protection and Biodiversity Conservation Amendment Bill 2014
That the following bill be introduced: A Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999 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.
Introduction
Today I am introducing the Environment Protection and Biodiversity Conservation Amendment Bill 2014.
I am introducing this Private Senator's Bill because this Government has done nothing to protect our oceans, give certainty to business or respect our recreational and commercial fisheries.
This Bill will restore tough powers to the Environment Minister to act where new types of fishing operations seek to work in Australia and where uncertainty exists about their conduct.
It provides for a scientific process to occur for up to two years, providing for an expert panel to consider the impacts of the new venture if it is declared. This will provide the community, recreational fishers and business alike with the certainty for these declared activities to operate in Australian waters.
This legislation focuses on addressing uncertainty related to so-called 'super trawler' fishing vessels.
In short, this legislation will allow the government of the day to stop new super trawlers before they come to Australia – just as Labor did in office.
When Labor introduced sensible powers in September 2012 to act against new commercial fishing vessels the amendments were opposed by the Liberal and National Parties.
Yet only days ago the Prime Minister had the gall to say that "It was banned with the support of members on this side of the House". (House of Representatives, 4 March 2014)
In government Labor supported strong powers to protect the environment, respect the rights of recreational fishers and provide certainty to business.
The amendments give the government of the day the power to declare a particular type of fishing activity, where it has not been used in Australia previously and some uncertainty exists around it, to ensure proper and thorough expert scientific work is conducted.
This has been the case in the past when the Government moved to declare the activities that were proposed for the super trawler known as the FV Margiris or temporarily theFVAbel Tasman .
As the Government refuses to act to protect our fisheries, stand up for recreational fishers or provide industry any certainty then it is for Labor to act.
Removing the sunset provision
This Bill will remove a 12 month sunset provision bringing the new Chapter 5B of the Environment Protection and Biodiversity Conservation Act back into effect. By removing Division 4 of Part 15B, the Environment Minister's powers to respond to new commercial fishing operations will be restored, as it currently is subject to the sunset clause that is in effect at present.
The sunset clause, Division 4, was included in the amendments introduced by the Government in September 2012.
As then-Minister Burke said in his second reading speech to the Parliament, the twelve month sunset clause was in place because,
"By that time the root-and-branch review of the fisheries management processes should be in place, but we will have this legislation to be able to fill that gap in the interim" (Tony Burke, House of Representatives, 11 September 2012).
The root-and-branch review of the legislation was completed and a Government response was tabled in March last year. The sunset provision has operated from September 2013.
This means that there is no power under the Environment Protection and Biodiversity Conservation Act for the Government to act to declare fishing activities, including fishing by super trawlers.
As the Government has failed to create new powers or take any action to implement the fisheries management review I am compelled to introduce this Bill and take action to protect Australia's oceans and fishers.
The Bill restores the powers still on the statute books:
These measures are required to address the risk of new and future super trawlers or other new methods of commercial activity that have not previously been used in Australia.
It is a precautionary approach. It will better allow community and environmental groups, together with business, to work with a scientific expert panel to assess the true impacts of new and large scale fishing operations.
FV Margiris
The ability for a Minister to declare a particular fishing activity has been used in relation to a single vessel. Then-Minister Burke used this power to declare the fishing activities proposed by the FV Margiris , then named the FVAbel Tasman .
Subsequent declarations were made following sudden changes made by the company, which attempted to modify the vessel in response to the declaration made.
This legislation does not impact the on-going process in relation to the FV Margiris . Any expert panel convened under the legislation prior to the sunset clause coming into effect continues unchanged. Any report from such a panel will be a matter for government to respond to and manage in line with this Act and other related acts.
AFMA protocols
It would be prudent for the Government to take other actions to improve the management of new and proposed fishing activities.
The Department of the Environment and the Australian Fisheries Management Authority should establish protocols to better communicate between agencies.
As either becomes aware that a company is considering using a new and previously unused type of fishing vessel that might fall within the purview of this amendment then they should determine a process for alerting Ministers who may wish to take advice on activating these powers.
This, combined with the legislative powers, will allow for even greater certainty in Australia's fisheries management systems.
Finally, the Government response to the root-and-branch review should be implemented.
Conclusion
Australia has some of the best managed fisheries in the world. There is, however, a gap in the system in considering the powers of the Environment and Fisheries Ministers to consider new commercial fishing vessels before they arrive and begin to fish.
Given the Government has failed to act, it is sensible for these powers to be restored.
Labor is standing up for the oceans, recreational fishers and local businesses.
I commend the Bill to the Senate.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Prime Minister's failure to uphold ministerial standards.
Ministers and Parliamentary Secretaries are entrusted with the conduct of public business and must act in a manner that is consistent with the highest standards of integrity and propriety.
Ministers and Parliamentary Secretaries hold high public office and are entrusted with considerable privilege and power. The people of Australia are entitled to expect that, in the discharge of their duties, they will act in a manner that is consistent with the highest standards of integrity and propriety.
… Mr Furnival's proposed appointment was held up by the Prime Minister's chief of staff, Peta Credlin, due to concerns over his background and commercial interests.
… we've looked carefully at the activities of Mr O'Farrell and Mr Pearce and we have found no evidence to implicate either in any corruption.
… ICAC has uncovered no evidence of corruption on the part of Michael Costa.
It's presently difficult to offer observations on the conduct of Mr Sinodinos. He has other involvements which will come under scrutiny in Operation Spicer.
In many instances, Mr Macdonald’s evidence is contrary to that given by his former political colleagues of high seniority and certain trade union associates, such as the Hon Luke Foley MLC, Anthony (Tony) Maher and Senator the Hon Doug Cameron (all of whom were impressive witnesses, not shown in any material respect to have given false or incorrect evidence).
Based upon PricewaterhouseCoopers' valuation, if the PPP came through Mr Sinodinos would have enjoyed a $10 million or $20 million payday.
"It is presently difficult to offer observations on the conduct of Mr Sinodinos. He has other involvements which will come under scrutiny in Operation Spicer."
"It is quite transparent that Mr Sinodinos’ true role in Australian Water Holdings was to open lines of communication with the Liberal Party. There will be evidence that he tried to do so."
Sorry, senator, you don’t have a choice—
Sinodinos is in limbo for at least the next two weeks, before he’s due to give evidence to ICAC, with only the vague suggestion of guilt by association through corruption and the developing sleazy theme of being a "door opener" to Liberal politicians.
That the Senate take note of the report.
That the Senate adopt the recommendation contained in the interim report that the time for the presentation of the report of the Community Affairs References Committee on the care and management of younger and older Australians living with dementia and behavioural and psychiatric symptoms of dementia (BPSD) be extended to 26 March 2014.
That the Senate take note of the document.
Our best available comparison shows there were more of these legislative instruments introduced in two years of the Howard government than Labor to date.
The Labor government has made progress in their promised reform of excessive regulation.
That senators be discharged from and appointed to committees as follows:
Economics References Committee—
Discharged—Senator Pratt
Appointed—Senator Carr
National Broadband Network—Select Committee—
Appointed—
Substitute member: Senator Rhiannon to replace Senator Ludlam on 28 March 2014
Participating member: Senator Ludlam.
Social Services and Other Legislation Amendment Bill 2013
Farm Household Support Bill 2014
Farm Household Support (Consequential and Transitional Provisions) Bill 2014
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
FARM HOUSEHOLD SUPPORT BILL 2014
The Farm Household Support Bill 2014 is a bill to replace the Farm Household Support Act 1992 .
It confirms this government's commitment to introduce a new farm household support payment, to help those in financial need regardless of the cause.
For more than two decades, the Farm Household Support Act has enabled the government to provide farm families with crucial financial assistance during times of severe hardship.
It was a lifeline for many farm families during the disastrous millennium drought of 1995 to 2009.
Australia is a dry continent with a highly variable climate, and drought is an obvious challenge our farmers face – but it is not the only one.
They must also adapt to changes in commodity prices, the fluctuating Australian dollar, competition from foreign producers both on and offshore—who can be heavily subsidised—biosecurity threats and the vagaries of the weather.
Farmers also don't have the good fortune of coming home to a pay cheque each week—they live and work with uncertainty—sometimes they get paid, sometimes they don't. And the amount they can get paid can vary considerably.
In spite of this, or maybe because of it, we are world leaders in agriculture.
Last year, the Australian agriculture sector generated $47.3 billion in gross value of production, making it one of the five pillars of the nation's economy alongside manufacturing, services, education and research and mining.
Our farmers exported $38 billion in produce to our trading partners last year – income that is vital to the nation's economy.
Australia is well placed to benefit from the growing global demand for quality food and fibre, especially from Asia.
But our farmers need the support of the Australian Government to reach their full potential, during both the good and the bad times.
The government will do everything it can to encourage and assist farmers to adopt smart risk management strategies so that they can grow and adapt in the face of climatic and economic challenges.
It is vital that we strike a balance between supporting farm families during hard times, and promoting the growth of a productive, competitive and profitable sector.
This government has a history of introducing measures to support farm families through hard times.
In 1999 we introduced the Exceptional Circumstances Relief Payment, known as ECRP, as part of the Farm Household Support Act to help farm families put food on the table during severe and unexpected adverse events such as drought.
At the height of the last drought, during the 2008-09 financial year, over 30 000 farm families relied on ECRP to meet basic household expenses.
The Government will honour its commitment to support farm families through difficult times and invest in the growth of a profitable and globally competitive agriculture sector.
That is why the government is proud to introduce the Farm Household Support Bill 2014 to the Australian Parliament.
The bill delivers once-in-a-generation reform of government support for farm families by introducing the Farm Household Allowance.
The Allowance will replace Exceptional Circumstances support and the existing Transitional Farm Family Payment.
This approach—to replace Exceptional Circumstances income support with a generally available income support payment—was confirmed in May 2013 by the Australian Government and all states and territories via the Intergovernmental Agreement on National Drought Program Reform.
This legislation will make the Farm Household Allowance a permanent feature of the agricultural policy landscape from 1 July 2014.
The Allowance will provide farmers and their partners in hardship, up to three years of household income support paid at the same rate as Newstart Allowance or Youth Allowance for those under 22 years old.
But we know that some farmers, particularly those affected right now by severe drought, simply can't wait until the commencement of the legislated Allowance on 1 July to receive support.
That's why the government will bring forward the main eligibility requirements of the Allowance and apply them to the existing income support scheme, the Transitional Farm Family Payment, or TFFP, from 1 March 2014.
To reflect these interim arrangements and new criteria, TFFP will become known as the Interim Farm Household Allowance from this time. Those who have received their maximum 12 month entitlement to TFFP will be able receive an extended period of support.
The changes will ensure that eligibility requirements for the interim payment are aligned to the extent possible with the future legislated criteria for the Farm Household Allowance. This will also make it easier for farmers receiving support to transfer onto the legislated Farm Household Allowance when it is available.
While getting financial support on the ground to those who need it is clearly the priority, the legislated Farm Household Allowance brings with it a range of additional support.
The Allowance will deliver case management support for the farm families receiving it, as well as financial assistance to obtain advice or training to improve their situation.
They will also have access to the range of other benefits available to other Australians receiving social security payments, such as an automatic entitlement to a health care card.
It will also support farm families to educate their children. Parents receiving the Allowance automatically meet the income test provisions in respect of their child's Youth Allowance or the Additional Boarding Allowance under the Assistance for Isolated Children Scheme.
In some circumstances, recipients will also receive the pharmaceutical allowance, telephone allowance, remote area allowance and rent assistance.
The three years of income support provided by the Allowance will give farm families time to plan for their future and take action to achieve greater financial security and self-reliance.
For some, the Allowance will be the lifeline that allows them to consider their future with dignity.
Whatever choice farm families make, the government is committed to making long term, positive differences in the lives of farm families receiving the payment.
That is why everyone who receives the Farm Household Allowance will enter into a Financial Improvement Agreement.
The Agreement will set out a plan of action for recipients that outlines their short and long term goals and the activities that will help them achieve those goals.
These activities could include professional, financial or farm advice; education and training; or re-employment services, depending on individual needs and goals.
To ensure our farmers can do what they do best, the workload in running a farm will be taken into account when deciding suitable activities and timelines.
Personal factors that may be affecting a farmer and their partner's ability to work towards improving their situation will also be taken into account in the development of an action plan.
Action plans are a proven, effective method of helping farm families plan for, and move towards, a financially secure future.
But Allowance recipients won't be alone.
Each farm family will receive support from a case manager who will help them develop an action plan that meets their individual needs.
Case managers will monitor progress against action plans, and put farmers and their partners in touch with relevant programs or services in their area, making it easier for them to access social support, financial counselling or employment services.
Case managers will provide farm families with a source of encouragement, support and structure to make decisions about their farm business and personal situation.
Decisions that may be difficult, but necessary nonetheless.
The Farm Household Allowance also delivers on the government's objective of making the agriculture sector more productive and globally competitive.
Farmers and their partners receiving the Allowance will each have access to a $3,000 Advice and Training grant to help them obtain the skills and qualifications they need to achieve their goals.
Research shows that farmers who engage in training and education run more profitable, adaptive and drought-prepared farm businesses.
Training improves confidence and willingness to adopt innovative technologies and best-practice risk management strategies.
Unfortunately, the cost of training and education can be prohibitive to those who would most benefit from it - especially when you consider the expenses incurred in travelling to larger towns and cities where training is often held.
Financial assistance for training and education is an investment in the future of our farmers.
Since the early nineties, successive governments have delivered advice and training grants to farmers facing hard times to help them improve their profitability and natural resource management or to transition into a new life outside of farming.
Feedback from peak farm bodies and program review panels indicates time and time again that financial assistance for training and education helps farmers help themselves.
This bill marks an exciting and important development in Australia's response to farm families living in an increasingly challenging environment.
The Farm Household Allowance is an ongoing demand-driven and uncapped program, so no family in need will go without.
It will provide much-needed certainty about the level of household income support available to the farming community into the future.
The Allowance brings farm families into the fold of personalised case management that is so effective in building confidence and skills in decision making and achieving goals.
It delivers on the government's commitment to invest in a more competitive and resilient agriculture sector by investing in relevant training and education.
The bill is accompanied by a second bill, the Farm Household Support (Consequential and Transitional Provisions) Bill 2014.
This bill will repeal the Farm Household Support Act 1992 from 30 June 2014, and amend legislation required for the operation of the Farm Household Allowance.
Industry members will welcome farm household income support that is available to families when they need it, without the need for an Exceptional Circumstances declaration.
We are grateful for their ability to point out the strengths of previous programs and tell us what needs further work.
And we will continue to listen to them.
When the Australian Bureau of Statistics states that farming has helped shape our nation and will sustain our population and those of our trading partners in the years ahead – you know it's the truth.
Both sides of politics believe in rural communities and the benefits they bring to the Australian economy and way of life.
The evolution of national drought policy has attracted bipartisan support.
And we must continue to see a genuine approach by both sides to navigate the difficult policy issues that affect the lives of thousands of Australians living in rural and regional communities.
The bill will ensure that farm families in hardship have the same access to income relief as other Australians, regardless of the cause of their hardship.
The Farm Household Allowance will improve outcomes for farm families through personalised case management and financial assistance to up-skill or retrain.
It will strengthen the government's support for farmers, and through them, rural and regional communities across Australia.
FARM HOUSEHOLD SUPPORT (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2014
The Farm Household Support (Consequential and Transitional Provisions) Bill 2014 is a companion bill to the Farm Household Support Bill 2014.
Together, these bills deliver a new legislative scheme to deliver income support to farmers and their partners who are experiencing financial hardship.
This Bill repeals the Farm Household Support Act 1992 and amends other Acts.
Repealing the Farm Household Support Act 1992 is appropriate as all of the programs and payments under the Act are redundant. It also makes consequential amendments of a minor nature to other Acts to support the full and effective implementation of the Farm Household Allowance.
This Bill also includes transitional provisions to ensure recipients of non-legislated income support payments, including the new Interim Farm Household Allowance, can transition to the legislated Farm Household Allowance as smoothly as possible.
This Bill draws a line under past approaches to drought support, enables the Farm Household Allowance to assist our farmers and their families, and ensures relevant transitional arrangements are there to support those in need.
Social Security Legislation Amendment (Increased Employment Participation) Bill 2014
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
Today I introduce the Social Security Amendment (Increased Employment Participation) Bill 2014 which provides assistance to help the long term unemployed, particularly young job seekers, to find and keep a job.
The Coalition Government is committed to building a strong and prosperous economy that creates jobs for all Australians.
We do not, however, underestimate the size of this challenge.
The Coalition has inherited an economy that is in transition and has been burdened by $123 billion in projected deficits and is heading towards $667 billion in debt unless action is taken.
The Australian public knows that the Coalition has a proven track record of growing the economy, reducing debt, getting people into jobs and off unemployment benefits.
The Coalition has been elected with a clear mandate to get our economy back on track.
The Australian public voted for our plan to achieve this by abolishing the carbon and the mining tax and removing the excessive red tape that has strangled the economy in recent years.
The Coalition understands that it is business, not Government, that creates prosperity and generates new jobs. We are committed to establishing the right policy settings to help business grow.
The Coalition also understands that it is important to our nation's future that we have as many people as possible in the workforce so that we can meet the economic and social challenges ahead.
We also recognise the damaging effects of unemployment on people. Being out of work for an extended period can erode a person's skills, confidence and sense of pride.
This in turn, can make it harder for people to find and keep a job and leads to a vicious cycle of welfare dependency.
Long-term unemployment can be especially damaging for young job seekers.
It is at the start of our working lives that we learn many of the skills that employers value the most – such as punctuality, teamwork and commitment.
This Bill includes two measures that will help to achieve these objectives - namely the Job Commitment Bonus for Young Australians and Relocation Assistance to Take Up a Job.
The Government is determined to prevent young job seekers from sliding into long term welfare dependency and to reward positive, pro-work behaviours.
That is why we are investing in our young people by implementing a Job Commitment Bonus. This new payment will be available for young Australians aged 18-30, who have been unemployed for twelve months or more, and in receipt of Newstart Allowance or Youth Allowance (other), and who go on to get and hold down a job.
Two bonuses will be available, one worth $2,500 when an eligible young job seeker remains in employment and off income support for 12 months and another worth $4,000 when the job seeker remains in employment and off income support for an additional 12 months, that is 24 months in total.
The Job Commitment Bonus will reward those young Australians who demonstrate a commitment to the world of work rather than the world of welfare.
The Government also recognises that for many job seekers the costs of relocating to take up a new job can be prohibitive.
That is why the Government is introducing the Relocation Assistance to Take Up a Job programme to provide funding to eligible job seekers to meet the costs of moving to take up a job.
This targeted programme provides financial support to job seekers who have been on Newstart Allowance, Youth Allowance (other) and Parenting Payment for at least the preceding 12 months to relocate to take up employment or an apprenticeship.
Up to $6,000 will be available to support eligible job seekers who relocate to a regional area to take up a job.
Up to $3,000 will be available to support eligible job seekers who relocate to a metropolitan area from a regional area to take up a job.
This $3000 payment will also be available to eligible job seekers who relocate from a metropolitan area with higher unemployment to one with lower unemployment to take a job, for instance from Adelaide to Melbourne.
In addition families with dependent children will be provided with up to an extra $3,000, in recognition of the additional costs that can accrue when moving a family.
Under these measures, for instance, a family moving from Sydney to Wagga Wagga to take up a job could receive up to $9,000 to help meet the costs of relocating. This is $2,500 more than is available under the current arrangements.
Job seekers will be reimbursed for the costs they incur in relocating, although payment may be made in advance in cases of significant hardship.
Given the financial investment that the Government is providing, it is appropriate that we have strong measures in place to ensure job seekers who have received assistance to relocate to take up a job stay in that job rather than return to welfare.
This Bill amends the Social Security (Administration) Act 1999 so that participants who leave employment without a reasonable excuse within six months of receiving a relocation payment will incur a 26 week non-payment period before becoming eligible to receive unemployment benefits again.
Conclusion
Together these measures are a significant investment by the Government to support the long-term unemployed, particularly our unemployed young people, to take up employment as well as boost Australia's economic activity.
The measures provide incentives for young people to stay in employment and help to address some of the barriers that the long-term unemployed face when trying to find work.
Under these measures, for instance, a young job seeker who moves to regional Australia and stays in employment for two years could receive up to $12,000 to help them make this very positive change in their life.
This compares very favourably with the financial costs to taxpayers of a young person remaining on welfare for that period and beyond.
This Government is determined to ensure that job seekers are given hope, reward and opportunity and are not abandoned to a lifetime of welfare dependence and despair.
This Bill will assist in the delivery of these programmes, which are a core component of our commitment to increase workforce participation and help people move from welfare to work so they can build a more positive future.
Customs Tariff Amendment (Tobacco) Bill 2014
Excise Tariff Amendment (Tobacco) Bill 2014
Primary Industries (Excise) Levies Amendment (Dairy Produce) Bill 2013
Tax and Superannuation Laws Amendment (2014 Measures No. 1) Bill 2014
That the Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013, as contained in Select Legislative Instrument 2013 No. 272 and made under the Aboriginal Land Rights (Northern Terr itory) Act 1976 , be disallowed.
The regulations require a Land Council, to respond to an application for delegation of functions within 3 months, failing which the Land Council is deemed to have refused such that the Minister may force a delegation. The response time for adequate consideration of such a request must accommodate both the investigation and decision making processes of the Land Council. During the period after an application has been received the Land Council will need to:
The period of 3 months is utterly inadequate as the Land Councils decision will need to be made by the Council at one of its Full Council meetings (triannual for the CLC, and biannual for the NLC) following the completion of the above investigation and consultations. Further, the regulations fail to adequately prescribe how the proposed area in which the Aboriginal corporation wishes to exercise Land Council functions is to be described in the application. Precision is needed in this regard to provide the Land Council with an accurate basis for determining whether the corporation, membership complies with eligibility requirements, and to look at whether the area provides logical administrative boundaries for the delegated functions. Precision is also needed, because the Land Councils will need to be certain about which body, it or the delegate, may exercise functions over a given area, and third parties need certainty about who they should be dealing with.
It is plain, from experience regarding applications to create new Land Councils, that the period of 3 months to consider a delegate corporation's 28A application is manifestly insufficient.
We have a grave fear that even the threat of an application for delegation, by maverick groups and/or 'carpetbagger' advisors purporting to act on their behalf, will lead to intra-community disputes and even possibly litigation, which the ALC, and possibly you, Minister, would have to defend at great cost to us all.
We respectfully request you give consideration to our grave concerns, to avoid these many serious unintended consequences.
I do not intend to force this on anyone. I want to support the Land Councils and I want you to be a part of it. I want Land Council's to be strong.
All those talking politicians
Words are easy, words are cheap
Much cheaper than our priceless land.
Whichever way it goes my friends, whether we win the election or not, whether I become the Minister for Aboriginal and Torres Strait Islander Affairs, I will always be on your side and I will always want to work with you.
We are writing to you today in support of the Aboriginal Land Rights (Northern Territory) Amendment (Delegation) Regulation 2013 (the "Regulation") and our strong belief that it should not be disallowed.
… … …
A corporation may apply for these powers under subsection 28A(1) of the Act, but if the Regulation is not in place the Land Council is not required to respond in any set period. This means that the NLC would be able to refuse to ever make a formal decision on an application.
The Regulation is urgently needed to address this situation, and we fully support the Minister for Indigenous Affairs in this regard.
The statutory authority and responsibility of the NLC is not changed by this Regulation—
What the Regulation does is ensure that the NLC properly exercises that statutory responsibility on behalf of the people that it is meant to represent.
It is unconscionable that an Aboriginal corporation, and the Aboriginal people, which it represents, may be denied any answer to their application—
and that the land council could refuse to fulfil its statutory duties and effectively shut down an application without giving any reasons for doing so.
You have the full support of the Rirratjingu Aboriginal Corporation to pursue the continuation of this important Regulation to make certain that Land Councils cannot simply ignore Aboriginal Corporations as representatives of their constituents, and to ensure the proper operation of the Aboriginal Land Rights (Northern Territory) Act .
Ice … is now the second most common illicit drug in Mildura … and is … one of the most addictive …