The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 10:00, read prayers and made an acknowledgement of country.
Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014
(1) Clause 2, page 2 (table item 2), omit the table item, substitute:
(2) Schedule 1, page 3 (line 1) to page 14 (line 7), omit the Schedule, substitute:
Schedule 1—Energy supplement replacing seniors supplement
Part 1—Main amendments
Social Security Act 1991
1 Subparagraph 8(8)(y)(viib)
Omit "seniors supplement", substitute "energy supplement".
2 Subsection 23(1) (definition of seniors supplement )
Repeal the definition.
3 Paragraph 916D(3)(c)
Omit "seniors supplement", substitute "energy supplement".
4 Paragraph 1061R(d)
Omit "seniors supplement under this Act or the Veterans' Entitlements Act", substitute "energy supplement under Part 2.25B of this Act or Part VIIAD of the Veterans' Entitlements Act".
5 Paragraph 1061T(2)(b)
Omit "seniors supplement", substitute "energy supplement under Part 2.25B".
6 Paragraph 1061TA(2)(b)
Omit "seniors supplement under the Veterans' Entitlements Act", substitute "energy supplement under Part VIIAD of the Veterans' Entitlements Act".
7 Part 2.25B
Repeal the Part, substitute:
Part 2.25B—Energy supplement
Division 1—Qualification and payability
1061U Qualification for energy supplement
A person is qualified for energy supplement if the person is the holder of a seniors health card.
1061UA When energy supplement is payable
(1) Energy supplement is payable to a person in relation to each day on which the person is qualified for the supplement.
(2) However, energy supplement is not payable to the person in relation to a day if:
(a) before that day:
(i) the person had elected not to be covered by this Part; and
(ii) that election had not been withdrawn; or
(b) subsection 55(5) (failing to nominate a bank account) of the Administration Act applies to the person.
Division 2—Rate of energy supplement
1061UB Rate of energy supplement
(1) If subsection (2) applies to the person on a day, the person's daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table:
(2) This subsection applies to a person on a day if on that day the person is residing in Australia and either:
(a) is in Australia; or
(b) is temporarily absent from Australia and has been so for a continuous period not exceeding 6 weeks.
8 Section 1190 (note)
Omit "the rate of seniors supplement (see section 1061UB) and".
Social Security (Administration) Act 1999
9 Section 12D (heading)
Repeal the heading, substitute:
12D Energy supplement
10 Section 12D
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
11 Section 48B (heading)
Repeal the heading, substitute:
48B Payment of energy supplement
12 Subsection 48B(1)
Omit "Seniors supplement", substitute "Energy supplement under Part 2.25B of the 1991 Act".
13 Subsection 48B(2)
Omit "seniors supplement", substitute "energy supplement".
14 Paragraph 48B(3)(a)
Omit "seniors supplement", substitute "energy supplement".
15 Subsection 48B(4) (paragraph (a) of the definition of instalment period )
Omit "seniors supplement", substitute "energy supplement".
16 Subsection 48B(4) (note to paragraph (a) of the definition of instalment period )
Omit "seniors supplement", substitute "energy supplement".
17 Subparagraphs 66A(2)(a)(i) and (3)(a)(i)
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
18 Subsection 68(1)
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
19 Subsection 69(1)
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
20 Paragraph 75(1)(b)
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
21 Section 78A
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
22 Section 90A
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
23 Section 123A (paragraph (e) of the definition of relevant payment )
Omit "seniors supplement", substitute "energy supplement under Part 2.25B of the 1991 Act".
24 Saving and transitional provisions
(1) Paragraph 916D(3)(c) of the Social Security Act 1991 applies on and after the commencement of this item as if a reference in that paragraph to energy supplement included a reference to seniors supplement.
(2) Despite the amendments made by items 7 and 12 to 16, Part 2.25B of the Social Security Act 1991 , and section 48B of theSocial Security (Administration) Act 1999 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to an instalment period ending before that commencement.
(3) An election referred to in subparagraph 1061UA(2)(a)(i) of the Social Security Act 1991 that was in force immediately before the commencement of this item continues in force on and after that commencement.
Veterans ' Entitlements Act 1986
25 Paragraph 5H(8)(gb)
Omit "seniors supplement", substitute "energy supplement".
26 Subsection 5Q(1) (definition of seniors supplement )
Repeal the definition.
27 Section 59A (note 1)
Omit "Note 1", substitute "Note".
28 Section 59A (note 1)
Omit "and the rate of seniors supplement (see section 118PB)".
29 Section 59A (note 2)
Repeal the note.
30 Subsection 62E(1) (note 1)
Repeal the note.
31 Subsection 62E(1) (note 2)
Omit "Note 2", substitute "Note".
32 Paragraph 118B(3)(c)
Omit "seniors supplement under this Act or the Social Security Act", substitute "energy supplement under Part VIIAD of this Act or Part 2.25B of the Social Security Act".
33 Part VIIAD (heading)
Repeal the heading, substitute:
Part VIIAD—Energy supplement
34 Section 118P (heading)
Repeal the heading, substitute:
118P Eligibility for energy supplement
35 Subsection 118P(1)
Omit "for seniors supplement", substitute "for energy supplement".
36 Subparagraph 118P(1)(b)(iv)
Repeal the subparagraph, substitute:
(iv) energy supplement under Part 2.25B of the Social Security Act.
37 Subsection 118P(2)
Omit "for seniors supplement", substitute "for energy supplement".
38 Subparagraph 118P(2)(d)(iv)
Repeal the subparagraph, substitute:
(iv) energy supplement under Part 2.25B of the Social Security Act.
39 Section 118PA (heading)
Repeal the heading, substitute:
118PA When energy supplement is payable
40 Subsection 118PA(1)
Omit "Seniors supplement", substitute "Energy supplement".
41 Subsection 118PA(2)
Omit "seniors supplement", substitute "energy supplement".
42 Division 2 of Part VIIAD (heading)
Repeal the heading, substitute:
Division 2—Rate of energy supplement
43 Section 118PB (heading)
Repeal the heading, substitute:
118PB Rate of energy supplement
44 Subsections 118PB(1) and (1A)
Repeal the subsections, substitute:
(1) If subsection (2) applies to the person on a day, the person's daily rate of energy supplement, for that day, is 1/364 of the amount worked out using the following table:
Note: For member of a couple ,partnered ,illness separated couple andrespite care couple see subsections 5E(1) and (5) and 5R(5) and (6) respectively.
45 Subsection 118PB(2) (heading)
Repeal the heading.
46 Division 3 of Part VIIAD
Repeal the Division, substitute:
Division 3—Payment of energy supplement
118PC Payment of energy supplement
(1) Energy supplement under this Part is to be paid by instalments.
(2) An instalment of energy supplement is to be paid to a person as soon as is reasonably practicable after the end of an instalment period.
(3) The amount of the instalment is worked out by:
(a) working out the person's amount of energy supplement for each day in the instalment period (using the daily rate of the supplement for that day); and
(b) adding up the amounts resulting from paragraph (a).
(4) In this section:
instalment period means a period:
(a) in relation to each day of which energy supplement is payable to the person; and
Note: For when energy supplement is payable to the person, see section 118PA.
(b) that either begins on any 20 March, 20 June, 20 September or 20 December or does not include any such day; and
(c) that either ends on any 19 March, 19 June, 19 September or 19 December or does not include any such day; and
(d) that is not included in a longer instalment period.
47 Subsections 122A(1A) and (1C)
Omit "seniors supplement", substitute "energy supplement under Part VIIAD".
48 Saving and transitional provisions
(1) Despite the amendments made by items 33 to 46, Part VIIAD of the Veterans ' Entitlements Act 1986 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an instalment period ending before that commencement.
(2) An election referred to in subparagraph 118PA(2)(a)(i) of the Veterans ' Entitlements Act 1986 that was in force immediately before the commencement of this item continues in force on and after that commencement.
Part 2—Consequential amendments
Income Tax Assessment Act 1997
49 Section 52 ‑10 (table item 22B.1)
Omit "Seniors supplement", substitute "Energy supplement under Part2.25B of the Social Security Act 1991 ".
50 Section 52 ‑40 (table item 22B)
Omit "Seniors supplement", substitute "Energy supplement".
51 Section 52 ‑65 (table item 16A.1)
Omit "Seniors supplement", substitute "Energy supplement under PartVIIAD of the Veterans ' Entitlements Act 1986 ".
52 Section 52 ‑75 (table item 16A)
Omit "Seniors supplement", substitute "Energy supplement".
53 Saving provision
Despite the amendments of sections 52‑10 and 52‑65 of the Income Tax Assessment Act 1997 made by this Schedule, item 22B.1 of the table in section 52‑10 of that Act, and item 16A.1 of the table in section 52‑65 of that Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a payment of seniors supplement made before, on or after that commencement.
Military Rehabilitation and Compensation Act 2004
54 Paragraph 222(5)(d)
Repeal the paragraph, substitute:
(d) energy supplement under Part 2.25B of the Social Security Act 1991 or Part VIIAD of theVeterans ' Entitlements Act 1986 ; or
55 Paragraph 246(4)(d)
Repeal the paragraph, substitute:
(d) energy supplement under Part 2.25B of the Social Security Act 1991 or Part VIIAD of theVeterans ' Entitlements Act 1986 ; or
Part 3—Transitional provisions
56 Transitional provision—seniors supplement
If a person has been paid seniors supplement under Part 2.25B of the Social Security Act 1991 or Part VIIAD of theVeterans ' Entitlements Act 1986 in relation to a day on or after 20 June 2015 and before 20 September 2015, then the amendments made by this Schedule do not apply in relation to the person in relation to that day.
… it's clear that there's a broad consensus out there in the sector that wasn't there five years ago as to how the basic architecture of the system ought to be restructured—
That the bill be now read a third time.
Private Health Insurance (Prudential Supervision) Bill 2015
Private Health Insurance (Prudential Supervision) (Consequential Amendments and Transitional Provisions) Bill 2015
Private Health Insurance Supervisory Levy Imposition Bill 2015
Private Health Insurance (Risk Equalisation Levy) Amendment Bill 2015
Private Health Insurance (Collapsed Insurer Levy) Amendment Bill 2015
That these bills be now read a third time.
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
Energy Grants and Other Legislation Amendment (Ethanol and Biodiesel) Bill 2015
Environmental activists, the Knitting Nannas Against Gas and Greed … will walk along the deserted and often dusty roads of Queensland's Cape York Peninsula in protest of the coal seam gas … industry.
if the domestic biodiesel industry was operating at capacity, the potential economic contribution of the industry would be $194 million and 1,273 FTE jobs, net of all subsidies—
(1) Schedule 1, item 4, pages 4 and 5 (table items 2 to 6), omit the table items, substitute:
That these bills be now read a third time.
Law Enforcement Legislation Amendment (Powers) Bill 2015
Schedule 2 of the Law Enforcement Legislation Amendment (Powers) Bill 2015 focusses on clarifying the Integrity Commissioner's powers to conduct coercive hearings and implements safeguards to ensure that the coercive hearing process and the disclosure of derivative material does not affect the fair trial of a witness. ACLEI welcomes the proposed amendments which will provide greater clarity about the hearing process and use of information obtained through that process.
That this bill be now read a third time.
Copyright Amendment (Online Infringement) Bill 2015
Rights holders would be required to meet any reasonable costs associated with an ISP giving effect to an order and to indemnify the ISP against any damages claimed by a third party.
At the end of the motion, add:
but the Senate:
(a) notes that the Government has not responded to the House of Representatives Standing Committee on Infrastructure and Communications report on its inquiry into IT Pricing; and
(b) calls on the Government to respond to all of the recommendations made by the Australian Law Reform Commission in its report 122 on copyright in the digital economy by 17 September 2015.
As a bill purportedly meant to address copyright infringement, it is inevitably ineffective and offers little benefit. However its detriment is very clear, in that it further legitimizes the practice of website blocking. This will make it more difficult for Australia to take a stand against these practices when practised by authoritarian countries, and to resist pressure from domestic special interest groups to block more and more categories of content that they may find offensive or undesirable.
It's dead, buried and cremated, and if it shows any signs of revival it will then be exorcised
It was simply not workable. It was a really bad idea that could only have come from people that didn't actually understand the internet.
There is increasing evidence to suggest that site-blocking is not the most effective means of stopping piracy.
At the end of the motion, add:
but further consideration of this bill be made an order of the day for the first sitting day after the Government has tabled its response to the Australian Law Reform Commission's report 122 on copyright and the digital economy.
The Senate divided. [13:30]
(The Acting Deputy President—Senator Dastyari)
(1) Schedule 1, page 3 (before line 4), before item 1, insert:
1A At the end of Part III
Add:
Division 10—Geoblocking avoidance facilities
83A Geoblocking avoidance facilities
In this Division:
geoblocking avoidance facility means a device, product, technology or component (including a computer program) that is used in Australia to control, disguise or block the geographical location of a person or device.For the purposes of this definition,computer program has the same meaning as in section 47AB.
83B Provision, offer or use of geoblocking avoidance facility does not constitute infringement
(1) If a person either:
(a) provides a geoblocking avoidance facility to another person; or
(b) offers a geoblocking avoidance facility to the public;
then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.
(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.
1B After Division 6 of Part IV
Insert:
Division 6A—Geoblocking avoidance facilities
112F Geoblocking avoidance facilities
In this Division:
geoblocking avoidance facility means a device, product, technology or component (including a computer program) that is used in Australia to control, disguise or block the geographical location of a person or device.For the purposes of this definition,computer program has the same meaning as in section 47AB.
112G Provision, offer or use of geoblocking avoidance facility does not constitute infringement
(1) If a person either:
(a) provides a geoblocking avoidance facility to another person; or
(b) offers a geoblocking avoidance facility to the public;
then, despite any other provision of this Act, the person does not infringe any copyright under this Part merely by providing or offering the geoblocking avoidance facility.
(2) Despite any other provision of this Act, a person does not infringe any copyright under this Part merely by using a geoblocking avoidance facility.
The Australian Government does not and will not support a means test for public education. Full stop. End of story.
We must regain the conviction that we need one another, that we have a shared responsibility for others and the world …
The Australian government does not and will not support a means test for public education. Full stop. End of story.
… "it's only a discussion paper".
… … …
"We've been asking them to canvas the broader range of options," …
"There's a broad debate going on about Commonwealth/state relations, which is a good thing."
This historic agreement is a transformative moment for the Australian economy. It puts many of our most important sectors on a more competitive footing internationally, and gives Australian companies enormous scope to boost trade and create jobs.
The agreement … will provide Australian business with more export and investment opportunities through opening up access to the large Chinese market …
… much-awaited free trade agreement with China seals this year's trade trifecta and has the potential to add tens of millions of dollars to the Australian wine industry's export earnings.
That the Senate take note of the answer given by the Attorney General (Senator Brandis) to a question without notice asked by Senator Ketter today relating to the economy.
That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by Senator Waters today relating to climate change.
That leave of absence be granted to Senator Abetz from 22 June to 25 June 2015 for personal reasons.
That leave of absence for personal reasons be granted to Senator Lines for today, 22 June 2015.
That—
(a) the Senate notes that:
(i) a significant number of video game development companies have recently experienced financial difficulties with their Australian operations,
(ii) this has led to a substantial loss of jobs and companies exiting the country,
(iii) the industry has been further negatively affected by the Abbott Government's decision to close the Australian Interactive Games Fund just 12 months after it was established, and
(iv) comparable countries such as Canada have seen a rapid expansion of their video game development industry over the same time frame; and
(b) the following matter be referred to the Environment and Communications References Committee for inquiry and report by 1 April 2016:
The future of Australia's video game development industry, with particular reference to:
(i) how Australia can best set regulatory and taxation frameworks that will allow the local video game development industry to grow and fully meet its potential as a substantial employer,
(ii) how Australia can attract video game companies to set up development operations in Australia and employ local staff,
(iii) how export opportunities from Australia's local video game industry can be maximised, and
(iv) any other related matters.
That the Senate—
(a) notes that:
(i) on 13 February 2015, health professionals, academics and policy makers met to sign the Melbourne Declaration on Building Integration and Reducing Migration Related Health Inequity,
(ii) the health status of migrants and their access to health care is influenced by their channel of migration (voluntary, humanitarian or seeking asylum), language proficiency and circumstances in their countries of origin, and
(iii) immigration presents challenges to the health systems of the host country in the delivery of culturally competent health and social services, and exacerbates disparities in health status between the migrant and host populations; and
(b) calls on the Abbott Government to:
(i) protect the health of, ensure health service provision for, and reduce health inequities of people from migrant and refugee backgrounds including forced and undocumented migrants,
(ii) ensure the provision of culturally appropriate health care, both within existing service systems and also through specialised services where needed, and
(iii) improve health communication, health information and health literacy for people from culturally and linguistically diverse communities, and of migrant, refugee and asylum seeker background.
That general business notice of motion No. 751standing my name, relating to the beef industry, be postponed until 10 August 2015.
That the Senate—
(a) does not accept the claim of public interest immunity made by the Assistant Minister for Immigration and Border Protection in failing to provide the documents that were ordered by the Senate on 16 June 2015, namely, all documents relating to the payment of money to turn back or take back vessels bound for Australia or New Zealand, and
(b) resolves that consideration of any message from the House of Representatives transmitting legislation relating to immigration or citizenship, and any government business notice for the introduction of a bill relating to immigration or citizenship be listed for consideration on the next sitting day after the Assistant Minister for Immigration and Border Protection has tabled the documents.
That paragraph (b) be removed from Senator Hanson-Young's motion.
The Senate divided. [15:43]
(The President—Senator Parry)
That the Senate—
(a) notes that a Queensland man has been caught with more than 3 000 shark fins, likely destined for the black market, and that we do not know the origin of the shark fins or how they were caught;
(b) acknowledges that the high prices that shark fins fetch plays a significant role in encouraging illegal fishing and import in Australia; and
(c) calls on the Government to:
(i) ban the possession, sale and/or trade of imported shark fin in Australia, and
(ii) appoint a working group to determine how to implement this policy.
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
… the current arrangements have … undoubtedly blurred the lines of accountability to the general public …
Spending by all Australian governments grew by 37 per cent, in real terms, in the ten years between 2002-03 and 2012-13.
… it's only a discussion paper.
We've been asking them—
to canvas the broader range of options …
There's a broad debate going on about Commonwealth/state relations, which is a good thing.
Ms Berejiklian called on the Abbott government to reverse a decision in last year's budget to slash payments to the state for education and health, which will start to take effect by the end of the current forecast period.
The changes to health and education funding the federal government announced last year are not sustainable, and we will be fighting for the people of NSW to ensure this State gets its fair share both now, and into the future.
I think it's good that some of the states and territories at least are thinking creatively about how they can responsibly fund their operations …
Abbott Government ' s Budget Cuts—Select Committee—
Appointed—Participating members: Senators Johnston, Lindgren and Sinodinos
Economics Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Education and Employment Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Environment and Communications Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Finance and Public Administration Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Legal and Constitutional Affairs Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
National Broadband Network—Select Committee—
Appointed—Participating members: Senators Johnston, Lindgren and Sinodinos
Recent Allegations relating to Conditions and Circumstances at the Regional Processing Centre in Nauru—Select Committee—
Appointed—Participating members: Senators Johnston, Lindgren and Sinodinos
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Participating member: Senator Lindgren
Wind Turbines—Select Committee—
Appointed—Participating members: Senators Johnston, Lindgren and Sinodinos.
Social Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
SOCIAL SERVICES LEGISLATION AMENDMENT (FAIR AND SUSTAINABLE PENSIONS) BILL 2015
This bill will introduce several 2015 Budget measures improving the fairness and sustainability of the pension system, and reintroduce some measures previously introduced in 2014 bills that are still before the Senate.
For improved fairness and equity, the first of the new Budget measures will make sure a fairer proportion of a superannuant's actual defined benefit income is taken into account when the social security income test is applied. From 1 January 2016, this measure will introduce a 10 per cent cap on the defined benefit income that can be excluded from the social security income test.
A defined benefit income stream is a pension paid from a public sector or other corporate defined benefit superannuation fund, where the pension paid generally reflects years of service and the final salary of the beneficiary. Current arrangements allow some defined benefit superannuants to have a large proportion of their superannuation income excluded from the pension income test.
People receiving Veterans' Affairs pensions will not be affected by this change, and defined benefit income streams paid by military superannuation schemes will be excluded.
From 1 January 2017, the bill will reduce from 26 to six weeks the length of time the Age Pension, and a small number of other payments with unlimited portability, will generally be paid at the basic means-tested rate while the person is outside Australia.
After six weeks, payment will be made on a proportional basis according to the length of the pensioner's Australian working life residence—a concept representing the length of time the person has resided in Australia between age 16 and Age Pension age.
Pensioners overseas on the implementation date will stay under the current 26-week rule until they return to Australia. Subsequent trips will be under the new six-week rule. Those pensioners with 35 years or more of Australian working life residence, and those already exempt from the proportional payment rules—such as some recipients of the Disability Support Pension—will not be affected.
A further measure applying from 1 January 2017 will rebalance the assets test to make it fairer and better targeted, and to help ensure the pension system is sustainable into the future. The changes will:
The purpose of providing tax incentives to encourage people to build up their superannuation is so they can draw down on it in their retirement.
People with higher levels of retirement savings have the capacity to draw down on their assets to support themselves in retirement rather than calling on the taxpayer for support. Those most affected by the changes would only have to draw down a maximum of 1.84 per cent of their assets to make up for the loss of their part pension.
Importantly, pensioners who lose pension entitlement on 1 January 2017 as a result of the changes will be automatically issued with a Commonwealth Seniors Health Card, or a Health Care Card for those under Age Pension age, without the need to meet the usual income requirements. Additionally, veterans whose Service Pension is cancelled under this measure will retain their Veterans' Affairs Gold Card.
This bill also takes the opportunity to reintroduce some measures relevant to pensioners from the 2014 Budget.
The first of these measures is to cease payment of the Seniors Supplement for holders of the Commonwealth Seniors Health Card or the Veterans' Affairs Gold Card. This measure is currently before the Senate in the Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014.
In reintroducing this measure, the implementation date will be moved to 20 June 2015 (meaning the last quarterly payment of Seniors Supplement would generally be made on 20 June 2015).
Lastly, the bill reintroduces two measures currently before the Senate in the Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014. These measures are to cease the Pensioner Education Supplement and the Education Entry Payment—with a new start date in each case of 1 January 2016.
Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014
Copyright Amendment (Online Infringement) Bill 2015
(2) Schedule 1, item 1, page 3 (lines 13 and 14), omit paragraph 115A(1)(b), substitute:
(b) the online location flagrantly infringes the copyright; and
… the most preferable outcome would be to consider flagrancy as part of the scope for the online locations that can be blocked under the injunctive process (ie, a precondition for eligibility for site blocking injunction, not merely one of the factors to be assessed in determining whether to make an order). The flagrancy of the infringement is frequently referred to in the explanatory memorandum. It is a strong safeguards to ensure that injunctions are used against the most blatantly infringing sites et cetera without catching infringing services.
(3) Schedule 1, item 1, page 3 (lines 15 and 16), omit " , or to facilitate the infringement of, " .
(7) Schedule 1, item 1, page 4 (lines 10 and 11), omit " , or the flagrancy of the facilitation of the infringement, " .
(8) Schedule 1, item 1, page 4 (lines 14 and 15), omit " , or facilitate an infringement of, " .
The Macquarie dictionary defines 'facilitation' as:
1. to make easier or less difficult; help forward (an action, a process, etc.).
2. to assist the progress of (a person): to facilitate the customer to find the right product.
This could conceivably cover a number of online locations offering products that have legitimate uses, but which may also be used assist in copyright infringement. VPNs—
cloud storage providers, providers of Bit Torrent or Internet Relay Chat ('IRC') software, browser plug ins or conversion tools may all be covered, as may blogs or subreddits discussing techniques or sites that may be used to infringe. A project such as Open Rights Group's attempt to transparently list the sites that have been blocked under the UK legislation may have a primary purpose of facilitating copyright infringement if the majority of users used the list to find sites with infringing content.
(4) Schedule 1, item 1, page 3 (after line 17), after subsection 115A(1), insert:
(1A) To avoid doubt, for the purposes of subsection (1) a virtual private network is not an online location.
The Federal Court of Australia may, on application by the owner of a copyright, grant an injunction referred to in subsection (2) if the Court is satisfied that:
(a) a carriage service provider provides access to an online location outside Australia; and
(b) the online location infringes, or facilitates an infringement of the copyright; and
(c) the primary purpose of the online location is to infringe, or to facilitate the infringement of, copyright (whether or not in Australia).
The Senate divided. [17:23]
(The Temporary Chairman—Senator Edwards)
(5) Schedule 1, item 1, page 3 (line 26), omit "proceedings.", substitute "proceedings; and".
(6) Schedule 1, item 1, page 3 (after line 26), at the end of subsection 115A(3), add:
(d) if a person or body with a public interest in the action makes an application to be joined as a party to the proceedings—that person or body.
Beginning with the process, we are concerned that in most cases, there will be nobody to advocate for the retention of content for which a blocking order is sought. The Australian intermediary who is party to the proceedings—
has no particular interest in opposing the blocking of foreign content. Although the foreign content provider is entitled to apply to the court to intervene in the proceedings, their joinder to the proceedings remains within the court's discretion (under proposed subsection 115A(3)), and this would entail considerable expense, due to the high costs of foreign parties securing representation before the Federal Court of Australia. As a result, most hearings are likely to be undefended, and the question of whether particular content should be blocked will seldom receive a full and fair hearing.
… once the injunction is ordered, only parties to the original case or parties appointed by regulation can seek revocation or appeal.
As an example as to why this is worrying, say you are working in a cross-border research group that has stored huge data files in cloud facility. If that site is blocked (it is also heavily used by pirates you find out) you have no standing to ask the court for a review of that order, even though you may now not be able to access your data.
(9) Schedule 1, item 1, page 5 (after line 7), after paragraph 115A(8)(a), insert:
(aa) any other person with an interest in whether or not the injunction should be rescinded or varied; or
The Court would also have the power to order that the parties establish a 'landing page' at the disabled online location to which internet users who attempted to access the disabled online location would be diverted. This landing page could state that the online location has been disabled in accordance with a Federal Court order and detail the terms of that order. The purpose of a landing page would be to ensure that subscribers are informed of the reason that they are unable to access a disabled online location, avoiding the need to contact their CSP for information.
That this bill be now read a third time.
The Senate divided. [17:50]
(Deputy President—Senator Marshall)
Social Services Legislation Amendment (Fair and Sustainable Pensions) Bill 2015
… Uniting Care Australia is pleased that the government and the Greens have responded to ours and the calls of COTA and ACOSS to change the pension asset rules.
… … …
This change is a constructive step in the right direction.
This change in terms of moving away from indexation to a tightening of the assets test, we absolutely backed.
The Howard government is focused on giving the aged pension to more wealthy retirees when it should be focused on raising the income of those currently struggling on the aged pension …
The proposed changes in the taper rate will amount to a 15 per cent overall cut in the retirement income of some people who are on incomes below a comfortable standard, while people on higher incomes are largely unaffected. Women are especially harmed—under the proposal, eight in 10 single women retiring in 2055 will do so on incomes below that needed for a comfortable living standard …
The Bill's negative effects on single women will hit those on pretty modest incomes: Women aged 55-59 will be affected from earnings above $46,220; women aged 45-49 are affected from earnings above $40,568 and those aged 25-29 from earnings above $23,954.
The proportion of new retirees affected by the proposed change will increase sharply over time. The proportion of new cohorts of retirees affected by the proposed asset test change increase from one in three today to seven in 10 by 2050. This influx will increase the overall proportion of the Age Pension population who are worse off from just over 10 per cent in 2017 to over 40 per cent by 2055.
The proposed asset test tapers effectively doubles the rate of the wealth tax on pensioners while simultaneously narrowing the tax base, contrary to generally accepted good principles of tax and transfer design.
… … …
Assuming a return to savings of 5%, a consequence of the asset test is that income from savings is heavily taxed at an effective marginal rate around 160%…
1. Defined benefit income streams – from 1 January 2016, ensure that a fairer proportion of a superannuant's actual defined benefit income is taken into account when applying the social security income test by introducing a 10 per cent cap on the income that can be excluded from the test. The measure will not apply to military superannuation schemes.
2. Proportional payment of pensions outside Australia – from 1 January 2017, reduce, from 26 weeks to six weeks, the length of time for which recipients of age pension and a small number of other payments with unlimited portability will generally be paid their basic means-tested rate while outside Australia. After six weeks, payment will be adjusted according to the length of the pensioner's Australian working life residence.3. Assets test and concession cards – from 1 January 2017, rebalance the assets test parameters by increasing the assets test free areas and the taper rate by which a pension is reduced once the free areas are exceeded. Those whose pension is cancelled will automatically be issued with a Commonwealth Seniors Health Card, or a Health Care Card for those under pension age, without the need to meet the usual income requirements. Veterans whose service pension is cancelled under this measure will retain their Veterans' Affairs Gold Card.4. Energy supplement replacing seniors supplement – reintroduce the measure provided by the Social Services and Other Legislation Amendment (Seniors Supplement Cessation) Bill 2014 – cease payment of the seniors supplement for holders of the Commonwealth Seniors Health Card or the Veterans' Affairs Gold Card – with a new start date of 20 June 2015 (meaning the last quarterly payment of seniors supplement would generally be made on 20 June 2015).
5. Pensioner education supplement – reintroduce the measure provided by Schedule 4 to the Social Services and Other Legislation Amendment (2014 Budget Measures No. 4) Bill 2014 (the No. 4 Bill) – cease pensioner education supplement – with a new start date of 1 January 2016.
6. Education entry payment – reintroduce the measure provided by Schedule 5 to the No. 4 Bill – cease the education entry payment – with a new start date of 1 January 2016.
To be clear these changes are not about cracking down on wealthy retirees (only 5% of those affected have total assets greater than $1 million) and the Government has ruled out changes to high end super tax breaks.
Some of these people not only pay zero tax on their super but obtain a tax cheque from the ATO for imputation credits worth more than the full age pension each year.
It's middle income earners who will lose out.
The main targets are people on average wages or less who have moderate amounts of super.
A single person with $250,000 in super after saving their whole life is not rich—
and it is a pretty small amount if you consider it has to last them up to 30 years.
But include other assessable assets like their car and furniture any they will be losing $2,000 a year.
It seems the Government has fooled the Greens by claiming pensioners with low levels of assets will be better off — but they won't because the Government produced dodgy cameo tables, and has assumed currently historically low interest rates will stay in place forever.
We have lived modestly and preserved as much of the superannuation capital, but now the assets threshold will be reduced and taper rate adjusted, our $840,000 and the taper rate adjusted, our superannuation will mean we lose the part-pension and the pension card.
Facing a drop in income and loss of part-pension, to avoid dipping into the superannuation needed for my husband's aged care, we will need to cut back on living costs such as heating and Alzheimer's Australia care, drop private health insurance, save fuel by not volunteering in the community anymore.
A coalition government will keep the current income tax thresholds and the current pension and benefit fortnightly rates while scrapping the carbon tax. The carbon tax will go but no-one's personal tax will go up and no-one's fortnightly pension or benefit will go down.
We will relieve the pressure on families. We will relieve the pressure that we know the families and households of Australia are under. Under us they will keep the tax cuts and pension and benefit rises …
We understand that the families and households of Australia are doing it tough.
That is why under the coalition they will get to keep their tax cuts and their pension and benefit increases without a carbon tax. That means that every Australian household's budgetary position at the end of the week, the fortnight or the month should be so much stronger. It is not just about building a richer society; it is about building a better society as well.
[The changes to the asset threshold and the "asset taper rate"] would reduce the retirement incomes of Australians who currently are on modest incomes, and whose retirement incomes are projected to be below that sufficient for a comfortable standard of living in retirement.
Consequently, the proposed change is poorly targeted and inconsistent with the public policy objectives of the retirement security system.
The proposed changes in the taper rate will amount to a 15 per cent overall cut in the retirement income of some people who are on incomes below a comfortable standard …
The changes reduce benefits to households with relatively modest assets while leaving benefits to high-wealth Australians, such as super concessions, untouched. National Seniors cannot support reforms that tighten eligibility to the Age Pension while generous tax concessions to high net wealth individuals remain in place.
The proportion of new cohorts of retirees affected by the proposed asset test change increase from one in three today to seven in 10 by 2050.
This influx will increase the overall proportion of the Age Pension population who are worse off from just over 10 per cent in 2017 to over 40 per cent by 2055.
… the gains presented are overstated, with a significant proportion obtaining no increase or lower increases than suggested.
The changes will also result in unfair treatment of some partially self-funded retirees, and create perverse incentives for middle income households to spend rather than save for their own retirement.
The proposed asset test tapers effectively doubles the rate of the wealth tax on pensioners while simultaneously narrowing the tax base, contrary to generally accepted good principles of tax and transfer design.
Assuming a return to savings of 5%, a consequence of the asset test is that income from savings is heavily taxed at an effective marginal rate around 160% …
The Senate divided. [21:31]
(The President—Senator Parry)
That the bill be now read a third time.
The Senate divided. [21:34]
(The President—Senator Parry)
Renewable Energy (Electricity) Amendment Bill 2015
The committee divided. [21:42]
The Chairman—Senator Marshall
(1) Schedule 1, Part 4, page 13 (line 1), to page 15 (line 2), to be opposed.
Senator Nettle's question included a suggestion that the decisions of the Minister for Health and Ageing were influenced by his religious views. This was undoubtedly an imputation of improper motives against a member of the House of Representatives, contrary to standing order 193(3), and should not have been made. Senators should refrain from any such imputations in the future.
In 1969 President McMullin ruled that it is out of order to refer to a senator's religion. I think that is a very sound rule which should be adhered to by all senators.
For poor countries, the priorities must be to eliminate extreme poverty and to promote the social development of their people. At the same time, they need to acknowledge the scandalous level of consumption in some privileged sectors of their population and to combat corruption more effectively.
… demographic growth is fully compatible with an integral and shared development …
Helping the poor financially must always be a provisional solution in the face of pressing needs. The broader objective should always be to allow them a dignified life through work.
… Since everything is interrelated, concern for the protection of nature is also incompatible with the justification of abortion. How can we genuinely teach the importance of concern for other vulnerable beings, however troublesome or inconvenient they may be, if we fail to protect a human embryo, even when its presence is uncomfortable and creates difficulties?
The family is also threatened by growing efforts on the part of some to redefine the very institution of marriage, by relativism, by the culture of the ephemeral, by a lack of openness to life.
Since the day of her arrest nothing is known about the fate or whereabouts of Reinalda or the child she was expecting.
Adriana Rivas has to face justice... I think it's the only way for her to live relatively in peace. I believe she has to testify like any other Chilean.
I'm no sociologist. I have no anthropological training. But I am certain of this: we live in a world where the squandering of women's talent, the traducing of their potential is a global disgrace.
We have travelled a long way in our civic outlook upon women, and even if we were reluctant and straggling wayfarers, the events of this war, in which women have been such workers and warriors, would surely have speeded us on our journey.
…we should shake our minds clear of whatever prejudice may linger in them and honestly and sincerely acknowledge that there is just as much room in all our public bodies for public-spirited and intelligent women as there is for public-spirited and intelligent men.