The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 12:30, read prayers and made an acknowledgement of country.
National Health Amendment (Pharmaceutical Benefits) Bill 2015
… is not only moving away from best practice but seemingly is about to set itself on a path that will see patients at unnecessary risk.
Do you trust the TGA to assess medicines for quality, safety and efficacy?
Just like all medicines in Australia, biosimilars have to be approved by the TGA and meet stringent quality, safety and efficacy standards. Therefore Australians can be assured that biosimilars used in Australia have passed the test for safety. There are no special leave passes on safety for biosimilars.
Do you trust the PBAC for all products that are currently available and publically funded?
The PBAC is an independent committee of experts who make decisions on a $10 billion annual budget. Over five years, this is a bigger budget than the Community Pharmacy Agreement. If you trust this committee to make decisions to list new medicines on the PBS, why wouldn't you trust them to follow the same principles of evidence-based decision making for biosimilars?
(1) Schedule 1, page 4 (after line 31), after item 4, insert:
4A Subsection 90(3B)
Repeal the subsection.
4B Subsection 90(3C )
Omit ", (3AF) and (3B)", substitute "and (3AF)".
(2) Schedule 1, page 5 (after line 2), after item 5, insert:
5A Subsection 90A(1)
Repeal the subsection, substitute:
(1) This section applies in relation to a decision of the Secretary under section 90 rejecting an application by a pharmacist for approval to supply pharmaceutical benefits at particular premises, if the application was made on or after 1 July 2006.
(3) Schedule 1, page 13 (after line 4), after item 31, insert:
31A Subsection 99K(2)
Repeal the subsection.
31B Section 99L
Repeal the section.
The committee divided [13:52]
(The Chairman—Senator Marshall)
That the bill be now read a third time.
Appropriation (Parliamentary Departments) Bill (No. 1) 2015-2016
Appropriation Bill (No. 1) 2015-2016
Appropriation Bill (No. 2) 2015-2016
Appropriation Bill (No. 5) 2014-2015
Appropriation Bill (No. 6) 2014-2015
That these bills may proceed without formality, may be taken together and be now read a first time.
That these bills now be read a second time, and I seek leave to have the second reading speeches incorporated in Hansard.
APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2015-2016
Mr President, The purpose of Appropriation (Parliamentary Departments) Bill (No. 1) 2015-2016 is to provide funding for the operations of:
This bill seeks approval for appropriations from the Consolidated Revenue Fund of just over $233 million. Just over $28 million would be provided for the enhancement of cyber security.
Details of the proposed expenditure are set out in the schedule to the bill and the Portfolio Budget Statements for the Parliamentary Departments.
I commend the bill to the Senate.
APPROPRIATION BILL (NO. 1) 2015-2016
Tonight I am speaking directly to you the people of Australia. I want to inform you of the next steps in the government's plan to strengthen our nation's economy.
As we all know, over the past 12 months Australia has had to deal with its fair share of challenges.
We have stared down terrorist events in Sydney and in Melbourne.
We have had to deal with a terrible drought in Queensland and New South Wales.
On the economic front, iron ore prices have fallen dramatically and the recovery in the global economy has been weaker than expected.
But I say to you, the economic plan laid down by this government more than a year ago is in place and it is helping us to deal with these challenges.
Through careful planning, we are successfully navigating the difficult transition from a mining investment boom to one of broader based growth across our economy.
In the past 12 months, we have coped well with weaker than expected global demand, lower commodity prices and falling revenue.
Even in the face of the largest fall in our terms of trade in half a century, which has contributed to a significant fall in tax receipts, our economic plan has helped Australia to have one of the fastest growing economies in the developed world.
I can report tonight that despite the headwinds, our timetable back to a budget surplus is unchanged from last year.
We inherited $123 billion of deficits when we came to office. We have now brought that down to $82 billion over the next four years.
This is despite the fact that we have lost $90 billion in expected tax revenue over that same period.
A $40 billion improvement in the bottom line is good, but we need to do more.
On a daily basis, the government borrows $96 million just to pay the bills, which is down from the $133 million a day that we inherited from the previous government.
So, today, we have taken steps to continue repairing the budget with sensible savings and with a prudent approach to spending. We are redirecting funding to areas such as small business, child care and infrastructure which will boost growth and create jobs.
At the same time that we have been repairing the budget, we have overseen a strengthening of growth in employment, housing construction, retail trade and in exports.
This is not an accident.
Since we came to government, we have abolished the job-destroying carbon tax and we have abolished the job-destroying mining tax.
We have helped create a quarter of a million new jobs and there is more to come—a lot more to come.
We have abolished 50,000 pages of regulation and red tape, which was costing our economy nearly $2½ billion a year.
We are rolling out the biggest infrastructure program in Australia's history, with new road and freight corridors being built right across the country.
We have helped to bring down the cost of living. Australians today are paying less for their electricity and less on their mortgages.
I say again, our economic plan is working and things are getting better.
A lower Australian dollar is now providing a boost to sectors like manufacturing in South Australia and Victoria, and tourism and education in Queensland.
On election night, the Prime Minister declared that Australia was back open for business. His words have been proven true. Since then, we have seen a significant increase in approved foreign investment applications in Australia, up 23 per cent in the last year alone.
The world has expressed its growing confidence in Australia's economic future, and I too share that optimism about our future.
This budget is the next step in our economic plan.
The budget empowers small business to invest, grow and create jobs.
This budget gives Australians the opportunity and the freedom to participate in the workforce, no matter what their circumstances.
This budget continues to implement our plan to build new roads, new rail and new infrastructure that will generate new growth opportunities across all parts of Australia, from our cities to our regional areas, from Tasmania to our northern frontier.
A great economic opportunity
Madam Speaker, the global economy is turning for the better.
The United States is back to near full employment, Europe is looking a little stronger, and Japan is finally starting to grow.
And our biggest trading partner, China, continues to grow at nearly seven per cent, despite a recent slowdown.
With more than 1.3 billion consumers living in China, the demand for our exports will continue to grow.
For every dollar we spend buying Chinese goods and services, the Chinese spend two dollars buying our goods and services.
We are the big winners out of that relationship.
Each year, we send enough iron ore to China to build the Sydney Harbour Bridge from Sydney to Perth and back to Sydney.
And in the next five years, we will become the world's largest exporter of liquefied natural gas. Together with our annual exports of coal, this is enough energy to power Tokyo, Singapore and Mumbai for an entire year.
And while the prices are lower, and we wish those commodity prices were higher, the opportunities from Asia for our resources are enormous.
People ask me where the future jobs are going to come from. Well, consider this: if we could lift our service exports like higher education, tourism, health care and financial services to just half the level of our commodity exports, it would add $50 billion to our economy every year.
That is why, in order to open that door, we are investing $6 billion in new trade agreements with China, Korea and Japan. And we are expanding that to India, which is the fastest growing economy in the world, but still a very small trading partner of Australia.
Australian based businesses, exporting our own home-grown skills, in everything from advanced manufacturing to services, will be the big drivers of wealth creation and job creation over the next decade.
This is the growth opportunity that Australia has been patiently waiting for, and it is here now and it is available now.
So as part of our economic plan we want to do more to help business, particularly small business, take advantage of these opportunities.
Energising small business
I, like so many of my colleagues, grew up in a small business family.
That small business put a roof over our heads. It paid the bills. It gave all of the family a chance at a better life.
Small business is often a family business; a business of brothers and sisters, uncles and aunts, cousins, parents and children. And for those who work in a small business, who are not related, well, they often become family.
Our future growth will come from growing small business into big business.
Every big company in the world started small.
Every big idea in the world came from just one person or a handful of people working together.
That is why tonight, I am announcing a package of measures that will make a genuine and permanent difference to small business in Australia.
To start, every small business will get a tax cut. We are giving you back more of your own money.
From 1 July this year, small companies with annual turnover of less than $2 million will have their tax rate lowered, from 30 per cent to 28½ per cent.
This is the lowest small business company tax rate in almost 50 years.
Most small businesses are not run as companies. So we will also give an annual five per cent tax discount of up to $1,000 a year for unincorporated businesses.
We are the only government that will deliver tax cuts for small business, because we want small business to grow and employ more Australians.
But we recognise that small business, in order to succeed, needs better cashflow and better tools for innovation as well.
So I announce that, from 7:30pm tonight, small business can claim an immediate tax deduction for each and every item they purchase up to $20,000.
From tonight, it can be instantly written off to reduce your tax liability.
And this will benefit the 96 per cent of Australian businesses—more than two million of them—that have a turnover of less than $2 million a year.
This will be of enormous benefit to their bottom line and help businesses with their cashflow.
It means innovation.
It means jobs.
It means more money to invest and grow your business.
If you run a cafe, it might be new kitchen equipment, or new tables and chairs.
If you are a tradie, it might be new tools or a computer for the home office.
Cars and vans, kitchens or machinery, anything under $20,000, is immediately 100 per cent tax deductible from tonight.
We also want Australians to start a new business, and we want them to grow.
Why?
Because new businesses create new jobs.
That is why we will ease the financial strain by allowing business owners to immediately deduct the costs incurred when starting up a new business, or receive tax relief when restructuring their existing business.
In addition, we are expanding the tax concessions for employee share schemes, to make it easier for small start-up companies to attract the skills and talent they need to grow.
Unlike the old system, under the old government, employees will not have to pay tax on their shares until they actually receive a financial benefit from those shares.
This is great for workers and it is great for innovative start-ups.
And to help small business grow, we are facilitating new opportunities for crowdsource funding, making it easier for small investors to marry up with growing small businesses.
And, in a further new policy initiative, which is just common sense in the digital age, we are abolishing fringe benefits tax on all portable electronic devices used for work, like mobile phones, laptops and tablets.
We need to keep up with developments in the new digital economy. Accordingly, the government is investing $255 million to make your dealings with the Tax Office, Centrelink, Medicare and other government agencies easier, simpler and faster.
Farmers and regional communities
In many ways farmers are the most resilient of all Australians and they are also our best environmentalists.
They have to deal with the varied conditions of a big land, fierce global trade and ever-increasing competition.
At the moment, we have parts of our country that remain in drought. As such, we are committing over $300 million to help them get through these tough times.
Equally important, as part of our economic plan, we need to start preparing for the droughts beyond today.
So all farmers will get an immediate tax deduction for new investment in water facilities, and a three-year depreciation allowance for all capital expenditure on fodder storage assets.
In addition, all farmers will be able to fully deduct the cost of new fencing from their tax bill. This initiative will help to improve productivity and environmental management of the land.
Over the next few weeks, after further discussion with farmers, we will be releasing more details about our plans to strengthen agricultural production across Australia.
Investing in the future
This is a budget that unleashes our nation's potential.
An extraordinary area of untapped promise is Australia's north. This is an exciting frontier for economic development that is filled with abundant resources and talented people.
Its tropical climate is shared with two-thirds of the world's population, and of course it is closer to our key trading markets than any other part of our country.
But the north needs new infrastructure to get things moving. We need to build in order to grow.
I announce tonight a new $5 billion Northern Australia Infrastructure Facility, which is the first major step in our plan for our great north.
We will partner with the private sector and governments of Western Australia, the Northern Territory and Queensland to provide large concessional loans for the construction of ports, pipelines, electricity and water infrastructure that will open our northern frontier for business.
This commitment to building a bigger nation adds to the record $50 billion in transport infrastructure we announced in last year's budget—infrastructure that is now, as I speak, under construction.
Through this new investment, we are laying down strong foundations to get Australia ready for its economic future.
Families and child care
Madam Speaker, a nation that lives as a family must help to strengthen and support all of its families.
Next year, we will spend $38 billion to support families, which includes more than $7 billion on child care.
Australian parents work hard to juggle the demands of modern life.
It is a difficult balancing act, I know.
Just weeks after coming to government in 2013, I initiated a Productivity Commission inquiry into child care. Since that time, we have consulted widely and as a result we are allocating an additional $3.5 billion to reform the childcare system.
We want to give parents a choice about work, and by investing this money we are responding to the demands of 165,000 parents who want to work more but are prevented from doing so by the current costly and complex scheme.
Our reforms will make the system simpler, and ensure child care is more affordable, accessible and flexible.
Assisting job seekers
Madam Speaker, this government knows there are many Australians who want a job and just cannot get one. As part of our economic plan, we are doing more to help.
The level of youth unemployment in Australia is too high.
So, tonight, I announce this government will invest more than $330 million to help young and disadvantaged Australians get their start.
This will include a new $212 million Youth Transition to Work program that will fund community workers, who are on the ground in high youth unemployment areas.
Furthermore, there will be an additional $106 million of intensive support trials for job seekers of all ages, who are facing the most significant barriers to employment.
We are also improving the national work experience program, so that 6,000 people can get genuine work experience in a real workplace.
Whether you are young or old and no matter where you live, we want all Australians to have the opportunity to get a job and to stay in a job.
This budget will have a $1.2 billion national wage subsidy pool to target long-term unemployment. Following consultations across the community, we are reshaping the pool, including the Restart program for older workers, to ensure that the subsidies are available when and where they are most needed.
A better retirement
Madam Speaker, I want to reassure all Australian workers that they can have confidence in their retirement plans under this government.
There will be no new taxes on superannuation under this government.
And the age pension will continue to increase, twice a year, this year and every year at the highest available indexation rate.
The age pension is our budget's biggest item of expenditure, $44 billion a year. That is more than 10 per cent of all government spending.
The age pension is a critically important safety net for many Australians.
That is why as our population ages, we need to ensure the pension is sustainable and affordable.
So from 1 January 2017, we will make changes that benefit pensioners with fewer assets beyond the family home. But we will also tighten eligibility for those pensioners with higher levels of assets.
Importantly, anyone who currently has a pensioner concession card will continue to receive a concession card that provides the same benefits, such as subsidised utilities and transport, bulk-billing and cheaper PBS prescription medicines.
These measures are all intended to provide security and certainty for older Australians in the years ahead.
A stronger health system
Madam Speaker, we are building a stronger and more sustainable health system.
The Pharmaceutical Benefits Scheme has, for over 60 years, given Australians affordable and reliable access to a wide range of drugs.
In this budget, the government continues its commitment to new listings on the Pharmaceutical Benefits Scheme at a total cost of $1.6 billion.
To give you one example, around 1,000 people will now benefit each year from subsidised access to better treatments for certain types of melanoma. Some of these treatments have until now cost up to $131,000 per course of therapy. Now they are accessible to all Australians.
It is however not enough to subsidise existing drugs.
We need to find the next generation of treatments and cures.
Last year, I announced the creation of the Medical Research Future Fund, which will become the biggest medical research endowment fund in the world. Starting this year, and over the next four years, the government will distribute $400 million from this fund to help our best and brightest medical researchers develop the drugs and cures for the future.
Keeping Australians safe
Madam Speaker, the highest responsibility of any government, any government, is the safety and security of its citizens.
When it comes to national security there can be no shortcuts.
This year, we will commit a further $1.2 billion to make Australia safe and secure. This builds on the $1 billion of extra funding we committed last year.
This is an essential investment for our nation and it is working.
As we know from events as recent as last weekend, the more work we do, the more likely we can prevent tragic incidents from happening in our community.
The threat of terrorism is rising and ever evolving and our response must be swift and uncompromising.
We must have the best counterterrorism capabilities available.
Tonight the government is committing an extra $450 million for our intelligence capabilities to ensure that we have the very best equipment and skills necessary to keep our communities safe.
Overseas, our military personnel are leading the fight against terrorism.
The government is providing $750 million for military operations this year, including our efforts to disrupt, degrade and ultimately destroy D'aesh in Iraq.
To help pay for this, our tough stand on border protection is delivering a dividend.
Our border protection policies have stopped the boats and they have saved lives. As a result, we are saving more than $500 million from closing unnecessary detention centres and we are saving on the costs of processing new boat arrivals.
Levelling the playing field
Fairness is essential to the integrity of our taxation system.
So I say to all Australians, rather than introducing new taxes on you, we simply want people or companies who are avoiding paying their tax to pay their fair share.
As a result of tax office investigations we have identified 30 large multinational companies that may have diverted profits away from Australia to avoid paying their fair share of tax in Australia.
Everyday Australians rightly believe that, if a dollar of profit is earned here, you should pay tax here.
Unfortunately, this is not always the case for some multinationals. Many have the capacity to aggressively minimise their tax.
What that means is that families and small businesses are forced to carry more than their fair share of the tax burden.
Tonight I am releasing the details of a new tax integrity multinational anti-avoidance law. This will stop multinationals using complex schemes to escape paying their tax.
Under this new law, when we catch companies cheating, they will have to pay back double what they owe plus interest.
In addition, it is unfair that overseas based businesses selling services into Australia may not charge GST when local businesses have to charge GST.
A local business that employs Australians, pays rent in Australia, pays tax in Australia and helps build our economy is disadvantaged by the current system.
We will level the playing field for Australian businesses by mandating that foreign businesses supplying digital products and services into Australia are subject to the GST.
Tonight I am also tabling the draft legislation in that regard.
Everything we spend in this budget is being paid for by prudent savings in other areas.
We do not want to increase taxes on Australians, but we do want everyone to pay their fair share of tax along the way.
In this budget, we are amending the zone tax offset so that it is only available to those who have genuinely moved to specified remote areas—specifically excluding fly in, fly out—and that saves $325 million.
We are limiting fringe benefits tax entitlements on overly generous meal and entertainment expenses, capping them at $5,000 a year per person, saving $295 million.
And anyone on a working holiday in Australia will have to pay tax from their first dollar earned, rather than enjoying a tax-free threshold of nearly $20,000. This will save the budget $540 million.
And the need for fairness and a level playing field applies in other areas.
We are making changes to strengthen Australia's foreign investment framework by introducing a new fee regime on those foreigners who want to invest and that will deliver better enforcement and stricter penalties if the break the law. This will deliver $735 million of revenue to the budget.
These integrity measures protect those people who are doing the right thing.
They promote trust.
And they are all part of responsible budgeting.
Fiscal
As I said last year, the debt and deficit mess that we inherited was not of our making, but we have taken positive action that is delivering results to fix it.
Australia's budget position is getting stronger each and every year—from a $48 billion deficit we inherited to $35 billion next year, down to a $7 billion deficit in another three years' time.
And over the same period, we are reducing the size of government as a share of the economy.
Of course, there is more work to be done on budget repair. Every nation must live within its means, and Australia is no different.
But we cannot tax our way to prosperity. And we must continue to look for sensible savings.
When we invest taxpayer money, we must do so with great care. It is your money that we are spending, and we have to be careful with every single dollar that you contribute.
Despite the iron ore price having halved, we are still on a clear and credible path back to surplus and gross debt in a decade will be over $110 billion lower than that which we inherited.
Conclusion
This budget is responsible, measured and fair.
We are creating opportunities for job seekers, young and old.
We are caring for our most vulnerable.
And we are keeping the country safe and secure.
This is a budget for small business people who want to innovate and grow.
This is a budget for young people wanting to get a foot in the door.
This is a budget for parents juggling the complexities of modern life.
This is a budget as much for the miners of the Pilbara as it is for the farmers in the Mallee. It is as much for a family in Brisbane as it is for a start-up business in Adelaide.
This is a budget that helps build a stronger, safer and more prosperous Australia.
I truly believe in my heart that our nation's best days are ahead of us. So now is the time for all Australians to get out there and have a go.
I commend the budget bill to the Senate.
APPROPRIATION BILL (NO. 2) 2015-2016
Appropriation Bill (No. 2) 2015-2016, along with Appropriation Bill (No. 1) 2015-2016 which was introduced earlier, and Appropriation (Parliamentary Departments) Bill (No. 1) 2015 2016, are the Budget Appropriation Bills for the 2015-16 financial year.
This bill seeks approval for appropriations from the Consolidated Revenue Fund of just over $15 billion for 2015-2016.
I now outline the significant items provided for in this bill.
First, the Department of Communications would receive just under $7.4 billion to continue its investment in the National Broadband Network in 2015-2016.
Second, the Department of Infrastructure and Regional Development would receive just under $3 billion. This includes a provision for a Commonwealth concessional loan of up to
$2 billion to accelerate the delivery of Stage 2 of the WestConnex project in Sydney. $250 million would also be provided for concessional loans to the Australian Capital Territory Government in respect to loose-fill asbestos remediation programme.
Third, the Department of Defence would receive just under
$2.9 billion in capital funding to support capabilities. Funding would be used for the Approved Major Capital Investment Programme, and for existing investment commitments.
The bill also provides the Debit Limit, formerly known as the General Drawing Rights Limit, for the Nation-building Funds; the Building Australia Fund, the Education Investment Fund, the Health and Hospitals Fund, the general purpose financial assistance payments and the national partnership payments. As legislation is to be introduced to close the funds, the estimated expenditure in 2015-16 represents the wind up of projects already committed. No new projects will commence.
Details of the proposed expenditure are set out in the Schedules to the bill and the Portfolio Budget Statements tabled in the Parliament.
I commend the bill to the Senate.
APPROPRIATION BILL (NO. 5) 2014-2015
Mr President,
Today, the Government introduces the Supplementary Additional Estimates Appropriations Bills. These Bills are:
These Bills underpin the Government's expenditure decisions.
Appropriation bill (No. 5) 2014-2015 seeks approval for additional appropriations from the Consolidated Revenue Fund of just under $377 million for 2014-2015.
I now outline the significant items provided for in this bill.
First, the Department of Immigration and Border Protection would receive just under $248 million in 2014-15 to fund resettlement activities and costs associated with delays in processing Illegal Maritime Arrivals.
Second, The Department of Social Services would receive just under $48 million. This includes funding to allow the Government to make payments under the Zero Real Interest Loans programme for loan offers accepted late in 2013-14 and loan offers expected to be accepted in 2014-15.
Details of the proposed expenditure are set out in the Schedule to the bill and the Portfolio Supplementary Additional Estimates Statements tabled in the Parliament.
I commend the bill to the Senate.
APPROPRIATION BILL (NO. 6) 2014-2015
Mr President, Appropriation Bill (No. 6) 2014-2015, along with Appropriation Bill (No. 5) 2014-2015 which I introduced earlier, are the Supplementary Additional Estimates Appropriation Bills for this financial year.
This bill seeks further approval for appropriations from the Consolidated Revenue Fund of just under $423 million for 2014-2015.
The majority of proposed funding in the bill relates to the Department of Defence. This bill would provide the Department of Defence with just under $412 million, reflecting funding for supplementation for foreign exchange movements and the net effect of the reallocation of funds between running costs and capital.
The bill would also provide the Department of Social Services with $10 million to continue the development of My Aged Care Gateway which provides a single entry point to access information on ageing and aged care including to locate and access aged care services.
Details of the proposed expenditure are set out in the Schedules to the bill and the Portfolio Supplementary Additional Estimates Statements tabled in the Parliament.
I commend the bill to the Senate.
Labor believes our Constitution and Federation need to be modernised to resolve the funding and administrative problems that have prevented government effectively dealing with the challenges of today.
… 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.
That leave of absence be granted to the following senators for personal reasons:
(a) Senator Reynolds from 23 June to 25 June 2015; and
(b) Senator Smith for today.
That the time for the presentation of the report of the Education and Employment Legislation Committee on the 2015-16 Budget estimates be extended to 26 June 2015.
That the following matters be referred to the Economics References Committee for inquiry and report by 12 October 2015:
(a) the economic impact of non-conforming building products on the Australian building and construction industry;
(b) the impact of non-conforming building products on:
(i) industry supply chains, including importers, manufacturers and fabricators,
(ii) workplace safety and any associated risks,
(iii) costs passed on to customers, including any insurance and compliance costs, and
(iv) the overall quality of Australian buildings;
(c) possible improvements to the current regulatory frameworks for ensuring that building products conform to Australian standards, with particular reference to the effectiveness of:
(i) policing and enforcement of existing regulations,
(ii) independent verification and assessment systems,
(iii) surveillance and screening of imported building products, and
(iv) restrictions and penalties imposed on non conforming building products; and
(d) any other related matters.
That, on Tuesday, 23 June 2015:
(a) the hours of meeting shall be 12.30 pm to 7 pm, and 7.30 pm to adjournment;
(b) the routine of business from not later than 7.30 pm shall be the government business order of the day relating to the Renewable Energy (Electricity) Amendment Bill 2015; and
(c) the question for the adjournment of the Senate shall be proposed at 10.30 pm. (open-ended adjournment)
Voice for Animals (Independent Office of Animal Welfare) Bill 2015
That the following bill be introduced: A Bill for an Act to establish a Commonwealth statutory authority with responsibility for protecting animal welfare in Commonwealth regulated activities, and for related purposes. Voice for Animals (Independent Office of Animal Welfare) 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.
VOICE FOR ANIMALS (INDEPENDENT OFFICE OF ANIMAL WELFARE) BILL 2015
Intro
I am pleased to introduce the Greens' Voice for Animals (Independent Office of Animal Welfare) Bill 2015, which establishes the Office of Animal Welfare as an independent statutory authority - with its CEO responsible for reviewing and advising upon the protection of animal welfare in Commonwealth regulated activities.
The Greens are strongly committed to improving the welfare of animals across Australia, and share every compassionate Australian's abhorrence and despair at the continuing horrors and deep suffering borne by animals used for food, clothing, entertainment and profit.
Again and again, we keep seeing animals suffering sickening cruelty under the Government's ineffective Export Supply Chain Assurance Scheme.
Terrified cattle cowering and slowly dying under the blows of sledgehammers; throats sawn agape; eyes gouged; tendons slashed; living beings stabbed, kicked, trussed and thrown; crying in pain and terror, buried or butchered alive.
Thousands of animals in a festival of slaughter. Thousands of animals debilitated in their own excrement on oven-baking ships. Thousands of animals dying horrific suffering deaths.
Time and again, our live export companies cover up, lie and mislead, and excuse the horrific brutality suffered by Australian animals.
Time and again, successive Australian governments and Ministers charged with growing the export market have turned a blind eye to systemic abuse, with the industry claiming humane care and state of the art facilities, even as Animals Australia and other investigators record the torture and terror being meted out to our animals in those slaughterhouses and in those markets.
Under the present system not a single company or person has been penalised. Not one banned.
Across Australia systemic abuse of animals continues: terrified animals used as live bait for racing greyhounds; hens suffers in tiny dark and filthy cages; pigs spend their lives in metal crates they can barely lay down in; ducks living in their own excrement without the water they need to function; cows milked beyond normal capacity with their tiny calves removed and killed as surplus to requirements; kangaroos mis-shot in the dead of night with their joeys killed by being swung by the tail – often ineffectively - against the back of a ute, or left to be torn apart by foxes or suffering a frightening death over many days.
And the response to such systematic cruelty across Australia?
In last year's budget, this Liberal-National Government withdrew the minimal $5 million funding and dissolved the Australian Animal Welfare Strategy which sought to provide a national framework to prioritise and coordinate actions to improve animal welfare across animal use sectors.
It disbanded the Australian Animal Welfare Advisory Committee, an advisory group that provided consensus advice to government on animal welfare, and which comprised representatives from the livestock industries, vets, animal welfare advocates and researchers.
It discontinued the Live Animal Exports – Improved Animal Welfare Programme, which supported training in improved animal welfare in the countries importing Australian live animals.
At the same time the Government invested an extra $100 million to expand agricultural markets and profitability, and reopened notoriously cruel live export markets in the Middle East.
The Greens' Bill, Voice for Animals (Independent Office of Animal Welfare) Bill 2015, establishes the Office of Animal Welfare as an independent statutory authority, with responsibility, through its CEO, for advising upon the protection of animal welfare in Commonwealth regulated activities.
This Bill removes the Agriculture Minister, the industry and their excuses, from the current equation that has them effectively condoning the animal abuse that is continuing right now under this government, and which continued under the purview of the previous Labor governments.
The Office of Animal Welfare will assist its CEO in his or her functions, which include the review, inquiry, monitoring and reporting of the Australian Standards for the Export of Livestock and the Exporter Supply Chain Assurance System. The CEO is also responsible for undertaking inquiries and preparing reports about the activities and effectiveness of the Live Export Advisory Group.
The CEO will monitor, investigate and report on animal welfare issues that impact the Commonwealth, on the work of animal welfare committees and review animal welfare laws and policies. The CEO will also implement of the Commonwealth's animal welfare laws, with the power to do all things necessary to be done to perform his or her functions.
The Bill also establishes an Office of Animal Welfare Advisory Committee to assist the CEO and his or her Office of Animal Welfare in performing its duties to the best possible standards.
The Committee's members will consist of the CEO and representatives of non-governmental animal welfare organisations, consumer groups, scientists and ethicists specialising in animal welfare issues, the Department and commercial producers or purchasers of animals or animal products, and two other members as considered appropriate by the CEO.
The CEO will provide reports to the Minister with recommendations which must be tabled in Parliament. The Minister will be required to respond to any recommendations made in the reports, and to table the response in Parliament.
These reports may review the work of key animal welfare committees, propose reforms to animal welfare legislation and standards and advise the Commonwealth on harmonisation of animal welfare laws of the Commonwealth, States and Territories.
The Bill directs the CEO to make the Office a Centre of Excellence for the collection and dissemination of information about animal welfare issues that impact the Commonwealth.
The CEO, supported by the Office, will also undertake inquiries, commission research and prepare reports about animal welfare issues. This will include protecting and promoting animal welfare in the export of live animals and the effectiveness of Commonwealth laws that apply to the export of live animals.
The examination of the sustainability and animal welfare issues that arise in respect of killing kangaroos for commercial purposes also falls under the CEO's remit.
The CEO may also inquire and report on the Commonwealth's animal welfare policy, and scientific and legal issues and potential animal welfare issues that arise in respect of that policy; and the importation of animals and animal products and management of animal species introduced into Australia will also fall under its remit.
The CEO will develop and reintroduce an Australian Animal Welfare Strategy that will provide a national framework to identify priorities, coordinate stakeholder actions and improve consistency in animal welfare across all animal use sectors. He or she will consider animal welfare issues that arise in respect of the Model Codes of Practice for the welfare of animals and contribute work towards the harmonisation of animal welfare laws of the Commonwealth, States and Territories.
The CEO may also inquire into and report on the activities of the Department that relate to monitoring compliance with the Commonwealth's animal welfare laws. The effectiveness of these laws and their enforcement, and the effectiveness of the Department's implementation of the Commonwealth's animal welfare policy may also be examined and reported on.
The Office of Animal Welfare, directed by its CEO, would have the ability to truly independently examine and report on the continuing frameworks that perpetuate and excuse infliction of terrible suffering on other living beings – the animals we eat, we wear, we use for entertainment and profit. It would effectively give voice to those animals, where the Coalition and Labor have refused that voice.
Currently before the Senate sits Coalition Senator Back's repulsive Private Members' Ag-gag Bill that would prosecute without need for proof, animal welfare investigators who take visual recordings of systemic animal cruelty on Australia's factory farms, in greyhound training grounds, in live export slaughterhouses, shearing sheds and laboratories, and other animal use industries. While Labor does not support passage of the Bill, it has not condemned that Bill and the attempts to silence revelations of systemic cruelty in animal use industries.
The Greens have before the Senate a bill that would end the cruel live export trade. We continue to work to gain the Coalition and Labor's support of the bill.
The Greens also have before the Senate a bill that would end the import or use of animal-tested cosmetics and their animal-tested ingredients. We continue to work to gain the Coalition and Labor's support for the bill.
This Bill provides a new opportunity for the Coalition and especially Labor, to show Australians that they too believe the terrible suffering of animals in animal use industries is not acceptable and that things can and must change.
In 2012 the Federal Parliamentary Labor Party Caucus endorsed the Caucus Live Animal Export Working Group to develop a model for an Office of Animal Welfare, which reported back to the then Labor Agriculture Minister in 2013.
In a time-honoured buck-passing statement the then Labor Minister of Agriculture responded to the Greens' questioning about the Office that "there is work to be done in this area but the primary responsibility for animal welfare issues does remain with the state and territories".
This bill allows a constitutionally valid federal response to animal cruelty issues around Australia.
It reinstates the Coalition Government's dissolved Animal Welfare Strategy and its advisory group.
It would begin the long but so easily do-able road to protecting the wellbeing and welfare of the animals that we use.
This is what Australians want. It is what they expect.
There is nothing to stop Labor supporting this bill, and verifying its political will and the strength of truth of its asserted – but as yet unproven – commitment to the welfare of the animals that are captive to our care and good will.
I commend the Greens' Voice for Animals (Independent Office of Animal Welfare) Bill 2015 to the Senate.
That the Joint Select Committee on Northern Australia be authorised to hold private meetings otherwise than in accordance with standing order 33(1), during the sittings of the Senate, followed by public meetings, as follows:
(a) Tuesday, 11 August 2015;
(b) Tuesday, 18 August 2015;
(c) Tuesday, 8 September 2015;
(d) Tuesday, 15 September 2015;
(e) Tuesday, 13 October 2015;
(f) Tuesday, 10 November 2015;
(g) Tuesday, 24 November 2015; and
(h) Tuesday, 1 December 2015.
That the Joint Select Committee on Trade and Investment Growth be authorised to hold private meetings otherwise than in accordance with standing order 33(1), during the sittings of the Senate, followed by public meetings, as follows:
(a) Thursday, 13 August 2015;
(b) Thursday, 20 August 2015;
(c) Thursday, 10 September 2015;
(d) Thursday, 17 September 2015;
(e) Thursday, 15 October 2015;
(f) Thursday, 12 November 2015;
(g) Thursday, 26 November 2015; and
(h) Thursday, 3 December 2015.
That the Senate—
(a) congratulates the Matildas on their historic win against Brazil in the 2015 FIFA World Cup;
(b) notes that:
(i) this is Australia's first-ever senior World Cup knockout round win,
(ii) the Matildas are only paid about a quarter of the national average salary compared to very high earnings for male sportsmen, and
(iii) according to the Financial Review, the top 30 highest paid Australian sportspeople are all men; and
(c) calls for action to close the gender pay gap in sport and in all fields.
That the Senate—
(a) congratulates the Queensland Firebirds on their success in the tight, exciting final against the New South Wales Swifts; and
(b) notes:
(i) the professionalism, athleticism and strong competition of the Trans Tasman ANZ Netball Championships, and
(ii) the positive media coverage of this important women's sport, particularly in the Courier Mail.
That the Senate—
(a) notes the valuable boost to Australia's horticultural exports generated by increased free trade agreements with Asia which have led to improved farm gate returns, including:
(i) mango exports to Korea for the 2014-15 season more than doubling those of the 2013-14 season, with exports now up to around 12 per cent of total production,
(ii) industry experts predicting that cherry exports from Tasmania could rise as much as 25 fold, with exports to Korea increasing from virtually nothing to almost $4 million in 2015,
(iii) new market access for table grapes seeing exports to Japan worth around $10 million, and exports to Korea worth over $2.5 million, and
(iv) key horticulture exports, including asparagus, mangoes, olives and macadamias now face zero tariffs entering Japan, and cherries from Tasmania, almonds and dried grapes enter Korea duty free; and
(b) notes the resulting increase in job opportunities created by this growing export market.
That the Senate—
(a) expresses concern at the disturbing reports aired on the Four Corners television program on 22 June 2015;
(b) notes:
(i) that only 412 Rohingyans have been resettled in Australia through Australia's humanitarian program since 2008, and
(ii) the Government's recent refusal to provide assistance or resettlement for Rohingyans currently in Indonesia, Malaysia and Thailand, and stranded at sea off these three countries; and
(c) urges the Government to:
(i) contribute to the search and rescue mission for thousands of migrants, including Rohingyans, currently stranded at sea,
(ii) resettle some of the Rohingyan migrants rescued by Indonesia and Malaysia, and
(iii) resettle an increased number of Rohingyans in the 2015 humanitarian program, increasing the number of the program if necessary.
The Senate divided [15:39]
(The President—Senator Parry)
Pursuant to standing order 75, I propose that the following matter of public importance be submitted to the Senate for discussion:
The Abbott Government’s radical plan to scrap all Commonwealth funding for public hospitals.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate adopts the recommendation in the report of the Finance and Public Administration Legislation Committee relating to cross-portfolio estimates hearings on Indigenous matters:
Recommendation 1
1.1 The committee recommends that when the Senate sets the dates for the 2016 Estimates hearings that the 'separate time' for the cross portfolio estimates hearing on Indigenous matters not be restricted to the Friday of each estimates week
PARLIAMENTARY JOINT COMMITTEE ON HUMAN RIGHTS
CHAIR'S TABLING STATEMENT
Thursday 18 June 2015
I rise to speak to the tabling of the Parliamentary Joint Committee on Human Rights' Twenty-third Report of the 44th Parliament.
This report provides the Parliamentary Joint Committee on Human Rights' view on the compatibility with human rights of bills introduced into the Parliament from 11 May to 4 June 2015, legislative instruments received from 10 April to 14 May 2015, and legislation previously deferred by the committee. The report also includes the committee's consideration of responses arising from previous reports.
This report outlines the committee's examination of the compatibility of these bills and instruments with our human rights obligations. The committee seeks to engage in dialogue with relevant ministers, both to help the committee better understand the intent of the legislation and to help relevant ministers and officials to identify and explore questions of human rights compatibility.
Of the 44 bills considered in this report, 42 are assessed as not raising human rights concerns, and two raise matters requiring further correspondence. The committee has deferred its consideration of three bills and a number of instruments, including those which had previously been deferred. The committee has concluded its examination of seven bills and three legislative instruments.
This report includes consideration of the response to the committee's initial inquiries in relation to the Fair Work Amendment (Bargaining Processes) Bill 2014. I note that in relation to this legislation, committee members expressed different views on its compatibility with human rights.
Assessments of the compatibility of legislation by the committee involve the application of its analytical framework to, first, identify if a measure engages a human right (that is, whether in the broadest sense the measure may interact with a right); second, identify if a measure limits any right that is engaged; and third, assess whether any limitation is legally justified (that is, pursues a legitimate objective, is rationally connected to that objective and is proportionate).
Since its inception, the committee's approach is to apply the above analytical framework in undertaking a routine and technical examination of legislation. However, it is important to recognise that there are areas in which committee members may legitimately come to different conclusions on the compatibility of legislation with Australia's human rights obligations.
The committee's consideration of the response to the aforementioned Fair Work Amendment (Bargaining Processes) Bill 2014 is one such example where legitimate differences of view are expressed by committee members on the question of the proportionality of the measures.
The ultimate purpose of the committee is to inform the debates of the Parliament on the merits of the legislation which we are asked to consider, and in that spirit I encourage my fellow Members and others to examine the committee's report to better inform their consideration of proposed legislation.
With these comments I commend the committee's Twenty-third Report of the 44th Parliament to the House.
That the Senate take note of the report.
That the Senate take note of the report.
That the Senate take note of the report.
Australian Government response to the Joint Committee of Public Accounts and Audit Report No. 446
Review of the Operations of the Parliamentary Budget Office
JUNE 2015
Response to the recommendation(s)
Recommendation No. 1
The committee recommends that the Government ensures that Commonwealth agencies meet the timelines in response to a request from the Parliamentary Budget Officer as specified in the Memorandum of Understanding.
Noted
The Government acknowledges the importance of timely responses by Commonwealth entities to Parliamentary Budget Office requests. At the same time, the Government notes it is important that the deadlines requested by the Parliamentary Budget Officer, where possible, take account of the complexity of the request. Each entity is responsible for managing its own timeframes for responding to requests from the Parliamentary Budget Officer.
The Memorandum of Understanding (MOU) provides that, subject to/depending on complexity, urgent requests are to be responded to within 5 days of receipt, and routine requests are to be responded to within 10 days of receipt (paragraph 5.2 (d)). The MOU also expressly provides for negotiation of alternative timeframes (including seeking an extension of time to complete the request) based on the complexity of the request, the level of involvement of other agencies, and competing workload pressures.
Recommendation No. 2
The committee recommends that the legal authority of the Parliamentary Budget Officer should be strengthened by specifying the information gathering powers of the Parliamentary Budget Officer in the Parliamentary Service Act 1999 . The Government should bring forward amendments to theParliamentary Service Act 1999 to express the intention of Parliament that the Parliamentary Budget Officer is entitled to free and timely access to all relevant information held by Executive agencies required to perform his or her functions, except where it is unlawful to do so.
Noted
The Government supports the position that the Parliamentary Budget Officer is entitled to appropriate and timely access, noting that sufficient access to information from Commonwealth bodies is expressly provided for in the existing Parliamentary Service Act 1999 .
Recommendation No. 3
The committee recommends that the Government release details of the individual components of the Contingency Reserve to the Parliamentary Budget Officer, subject to any non-disclosure requirements considered necessary.
Not supported
As noted in the Department of Finance's (Finance) submission to the Joint Committee of Public Accounts and Audit (the Committee), disclosing individual line items in the Contingency Reserve (CR) would be contrary to the public interest.
Finance publishes the aggregate estimates for the CR, together with a broad description of the CR, in the Expenses and Net Capital Investment Statement , which in the 2015-16 Budget is Statement 5 of Budget Paper 1 and Attachment D of the Mid-Year Economic and Fiscal Outlook, and where appropriate, in the Pre-Election Economic and Fiscal Outlook.
Individual measures in Budget Paper 2 may include a statement that a provision has been included in the CR where the financial implications cannot be published due to commercial sensitivity, national security or where the disclosure would disadvantage the Commonwealth (such as in the negotiation of National Partnership Agreements).
Given the sensitivity of some information and the potential harm to the Commonwealth's interests, as well as to national security, Finance relies on exemptions that are available under the Freedom of Information Act 1982 to exempt such information from release or disclosure.
Recommendation No. 4
The committee recommends that where a Commonwealth agency outsources the preparation of the budget estimates and costing of policy proposals to a third party, the terms of the contract should enable the agency or the third party to provide all the relevant data, including the underlying calculations, models and methodology, to the Parliamentary Budget officer under the MoU without charge.
Support in part
The Government notes that the Australian Government Protocols Governing the Engagement between Commonwealth Bodies and the Parliamentary Budget Officer expressly state that in determining whether information will be released to the PBO, Commonwealth bodies respect and recognise pre-existing intellectual property of any information they hold and/or use that has originally been produced by third parties.
The MOU also provides for free access to relevant and accurate information from Commonwealth bodies, but that specific arrangements may need to be negotiated between the parties to obtain information held under license (paragraph 5.4).
The Government also notes that situations may arise where an entity has to pay additional fees or charges to access data it does not already retain and/or is not already in its possession. In these circumstances, the Government considers it reasonable for entities to pass these additional costs on to the PBO.
Where the preparation of budget estimates and/or costing of policy proposals are outsourced by a Commonwealth agency, the Government expects that these arrangements should be contracted to provide for independent scrutiny by Finance, and notes that these arrangements could extend to the PBO as well.
The Government is therefore supportive of entities considering the inclusion of clauses that enable sharing of data with the PBO, subject to pre-existing intellectual property rights, and as contracts come up for renegotiation.
Recommendation No. 5
The committee recommends that the Government review Commonwealth statutes and remove legislative barriers to the release of information to the Parliamentary Budget Officer, including those identified in this report.
Noted
The Government is committed to protecting individual privacy and the confidentiality of data provided to the PBO, noting there are a range of provisions contained in Commonwealth legislation that specifically deal with the protection, handling and transfer of sensitive information, particularly personal information.
The Government further notes that, as indicated in the PBO's submission to the Committee, to date legislative barriers have had very little impact on the PBO's ability to respond to requests of parliamentarians. The nature of the PBO's requests for information have focused on summary data and agencies' models.
Recommendation No. 6
The committee recommends that where it is appropriate to retain an administrative discretion, the Government should consider making special provision for the release of data to the Parliamentary Budget Officer and, if necessary, any additional protection for the Commonwealth decision maker.
Support
The Government notes the PBO's claim in its submission to the Committee that there have been some instances where legislative provisions have either prevented or delayed the PBO's access to detailed information and models, including where the provision of information to the PBO requires the exercise of a discretionary power by the Agency Head.
In circumstances where sound reasons exist for non-release of information, (for example, commercial, or cabinet in-confidence or intellectual property rights) the Government supports Agency Heads exercising their discretion in deciding the most appropriate approach for their entity.
Should significant barriers emerge, the Government would consider additional protection for Commonwealth decision makers, in prescribed circumstances.
Recommendation No. 7
The committee recommends that the Parliamentary Budget Officer should prepare and publish medium term projections on an annual basis. The Government should bring forward the necessary amendment to section 64E of the Parliamentary Service Act 1999 to include the annual preparation of medium term projections as a core function of the Parliamentary Budget Officer.
The Parliamentary Budget Officer should be consulted, and if required, the Government should provide additional resources to enable the Parliamentary Budget Officer to carry out the new function.
Support in part
The Government supports the PBO periodically reporting and publishing medium term projections of programme expenditure on an ad hoc basis, which can be done under existing legislation.
Section 64E(1)(c) of the Parliamentary Service Act 1999 provides for the preparation of responses to requests relating to the budget, which could broadly include the PBO undertaking medium term projections of programme expenditure. Section 64E(2)(a) expressly states that the PBO's functions do not include preparing economic forecasts or budget estimates.
The Government notes that the difference between medium term projections of programme expenditure and the preparation of economic forecasts and budget estimates is that medium term projections represent extensions beyond the forward estimates (based on assumptions made by the PBO) of published government policies and spending provided by other government entities.
The Government also notes that the PBO has previously undertaken this activity, which was published on 22 August 2014, titled 'Projections of Government spending over the medium term' within its existing resources. Should the PBO consider there is a case for additional resources, it should seek to bring forward a New Policy Proposal, consistent with the process applied to all Commonwealth entities when requesting additional funds.
Further, the Government notes that the Treasury already publishes medium-term projections of key fiscal aggregates (including underlying cash balance, and gross and net debt) each year in the Budget and Mid-Year Economic and Fiscal Outlook. Presentation of these medium-term projections as part of a document where the primary focus remains on the four-year forward estimates period has benefits. Such an approach sensibly balances the need to illustrate the broad medium-term trends in spending and revenue implicit in current policy settings, on the one hand, against the unavoidable decrease in precision involved in fiscal estimates as the projection horizon increases.
Recommendation No. 8
The committee recommends that the Government bring forward amendments to the Parliamentary Service Act 1999 , to extend the analysis in the post-election report beyond the period of 4 years (current financial year and 3 year forward estimates) to include, where possible, 10 year medium term projections of the budget impact of the election commitments of the designated parliamentary parties.
The committee recommends that the Government consult the Parliamentary Budget Officer about the timing and detail of the information required on which to base the analysis.
Noted
Consistent with the Charter of Budget Honesty Act 1998 the Government employs a medium term estimates framework, and costings are done on the basis of the budget year and the following three financial years.
That senators be discharged from and appointed to committees as follows:
Abbott Government’s Budget Cuts—Select Committee—
Appointed—Participating member: Senator Di Natale
Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples—Joint Select Committee—
Discharged—Senator McGrath
Appointed—Senator Ruston.
Social Services Legislation Amendment (Defined Benefit Income Streams) Bill 2015
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraphs (5) to (8) of standing order 111 not apply to this bill.
That this bill be now read a second time.
SOCIAL SERVICES LEGISLATION AMENDMENT (DEFINED BENEFIT INCOME STREAMS) BILL 2015
This Bill will introduce a further 2015 Budget measure improving the fairness and sustainability of the pension system.
For improved fairness and equity, the Bill 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.
Excise Tariff Amendment (Ethanol and Biodiesel) Bill 2015
Tax Laws Amendment (Small Business Measures No. 1) Bill 2015
Tax Laws Amendment (Small Business Measures No. 2) Bill 2015
That business of the Senate notice of motion No. 2 standing in the name of Senator Wright for today, relating to the disallowance of the Federal Courts Legislation Amendment (Fee Regulation) 2015, be postponed till the next day of sitting.
Appropriation (Parliamentary Departments) Bill (No. 1) 2015-2016
Appropriation Bill (No. 1) 2015-2016
Appropriation Bill (No. 2) 2015-2016
Appropriation Bill (No. 5) 2014-2015
Appropriation Bill (No. 6) 2014-2015
… the Parliament may grant financial assistance to any State on such terms and conditions as the Parliament thinks fit.
Whether state or territory governments choose to change the way schools are funded in their states and territories is absolutely a matter for them.
We don't have any role at all.
Even though the rebate reduction has been retracted, the freeze will have greater impact with time—nearly double the amount of the rebate reduction by 2017-18. For economic reasons the freeze may still force GPs who currently bulk-bill to charge co-payments.
… there are a lot of people who attend the doctor, who pay nothing and can afford to pay a bit more and that's where we have to land in this discussion.
… 26 weeks which everyone knows is the minimum that should be spent at home by mothers with newborns.
It is not right, it should not happen and it will not happen under this government.
(1) Clause 13, page 8 (line 18), omit "$25,000,000,000", substitute "$11,000,000,000".
That these bills be now read a third time.
Renewable Energy (Electricity) Amendment Bill 2015
Essentially, the advice I had from the CEO of the Australian Forest Products Association today is, to the extent that it has any impact at all, it will mean that we are only using wood waste that would have otherwise have sat on the floor of the forest, and either rotted and produced methane or sat on the floor of the forest and burned and produced CO2.
It’s a falsehood to claim this type of electricity production as ‘renewable’. You can’t ‘renew’ or replace the burnt carbon stored in a 100-600 year old forest in the turnaround time needed to address climate change.
The Senate divided. [20:32]
(The Deputy President—Senator Marshall)
(1) Schedule 1, item 2, page 3 (lines 7 to 9), to be opposed.
(2) Schedule 1, page 3 (after line 9), after item 2, insert:
2A After subsection 40(1)
Insert:
(1AA) For the purposes of subsection (1), the required GWh specified in the table for the year 2020 and each later year must include at least 8000 GWh of renewable source electricity generated using a solar energy source by an accredited power station.
The Senate divided. [21:06]
(The Chairman—Senator Marshall)
(1) Schedule 1, Part 1, page 3 (line 2) to page 4 (line 3), to be opposed.
Subject to the passage of the Renewable Energy (Electricity) Amendment Bill 2015 and reinstatement of native forest wood waste as eligible source of renewable energy, I will commit to the following measures in attachments A and B to this letter.
The government will write to the CEFC to ensure it adheres to its original purpose, by changing the investment mandate to focus investment in emerging and innovative renewable technologies and energy efficiency.
It has been interesting to note the claims being made about what the Coalition will or won't do. All of it is simply conjecture. The Coalition supports the current system, including the 41,000 giga-watt hours target.
The Senate divided. [21:48]
(The Temporary Chairman—Senator Whish-Wilson)
(1) Schedule 1, Division 1, page 13 (line 2) to page 14 (line 29), omit the Division, substitute:
Division 1—Amendments
Renewable Energy (Electricity) Act 2000
47 Subsection 5(1)
Insert:
biomass means organic matter other than fossilised biomass.
Note: Examples of fossilised biomass include coal and lignite.
wood waste has the meaning given by section 5A.
48 After section 5
Insert:
5A Wood waste
(1) For the purposes of this Act, wood waste means:
(a) biomass:
(i) produced from non‑native environmental weed species; and
(ii) harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and
(b) a manufactured wood by‑product from a manufacturing process; and
(c) waste products from the construction of buildings or furniture, including timber off‑cuts and timber from demolished buildings; and
(d) sawmill residue; and
(e) biomass from a native forest that meets all the requirements in subsection (2).
(2) Biomass from a native forest must be:
(a) harvested primarily for a purpose other than biomass for energy production; and
(b) harvested from a forest that has been certified, or becomes certified before 30 June 2016, by the Forest Stewardship Council to a forest management standard; and
(c) either:
(i) a by‑product or waste product of a harvesting operation, approved under relevant Commonwealth, State or Territory planning and approval processes, for which a high‑value process is the primary purpose of the harvesting; or
(ii) a by‑product (including thinnings and coppicing) of a harvesting operation that is carried out in accordance with ecologically sustainable forest management principles; and
(d) either:
(i) if it is from an area where a regional forest agreement is in force—produced in accordance with any ecologically sustainable forest management principles required by the agreement; or
(ii) if it is from an area where no regional forest agreement is in force—produced from harvesting that is carried out in accordance with ecologically sustainable forest management principles that the Minister is satisfied are consistent with those required by a regional forest agreement.
(3) For subparagraph (2)(c)(i), the primary purpose of a harvesting operation is taken to be a high‑value process only if the total financial value of the products of the high‑value process is higher than the financial value of other products of the harvesting operation.
(4) In this section:
ecologically sustainable forest management principles means the following principles that meet the requirements of ecologically sustainable development for forests:
(a) maintenance of the ecological processes within forests, including the formation of soil, energy flows, and the carbon, nutrient and water cycles;
(b) maintenance of the biological diversity of forests;
(c) optimisation of the benefits to the community from all uses of forests within ecological constraints.
high ‑value process means the production of sawlogs, veneer, poles, piles, girders, wood for carpentry or craft uses, or oil products.
native forest means a local indigenous plant community:
(a) the dominant species of which are trees; and
(b) containing throughout its growth the complement of native species and habitats normally associated with that forest type or having the potential to develop those characteristics; and
(c) including a forest with those characteristics that has been regenerated with human assistance following disturbance; and
(d) excluding a plantation of native species or previously logged native forest that has been regenerated with non‑endemic native species.
Renewable Energy (Electricity) Regulations 2001
49 Subregulation 3(1) (definition of native forest )
Repeal the definition.
50 Regulation 8
Repeal the regulation.
(1) Schedule 1, Part 1, page 3 (line 2) to page 4 (line 3), to be opposed.
(2) Schedule 1, Part 4, page 13 (line 1), to page 15 (line 2), omit the Part, substitute:
Part 4—Wood waste
Renewable Energy (Electricity) Act 2000
47 Subsection 5(1)
Insert:
biomass means organic matter other than fossilised biomass.
Note: Examples of fossilised biomass include coal and lignite.
native forest means an indigenous plant community that:
(a) is dominated by trees that are located within their natural range; and
(b) contains throughout its growth a complement of native species and habitats normally associated with those trees, or has the potential to develop those characteristics; and
(c) is not:
(i) a plantation of native species; or
(ii) a previously logged native forest that has been regenerated with non‑endemic native species.
It is immaterial whether any of the trees or native species have been re‑established or regenerated with human assistance following:
(d) flood;
(e) bushfire;
(f) drought;
(g) pest attack;
(h) disease.
wood waste means:
(a) biomass:
(i) produced from non‑native environmental weed species; and
(ii) harvested for the control or eradication of the species, from a harvesting operation that is approved under relevant Commonwealth, State or Territory planning and approval processes; and
(b) a manufactured wood product or a by‑product from a manufacturing process, other than a product or a by‑product that is derived from biomass from a native forest; and
(c) waste products from the construction of buildings or furniture, including timber off‑cuts and timber from demolished buildings; and
(d) sawmill residue, other than sawmill residue derived from biomass from a native forest.
Renewable Energy (Electricity) Regulations 2001
48 Subregulation 3(1) (definition of native forest )
Repeal the definition.
49 Regulation 8
Repeal the regulation.
(3) Schedule 1, page 15 (after line 2), at the end of the Schedule, add:
Part 5—Concurrent operation of State or Territory laws
Renewable Energy (Electricity) Act 2000
53 Section 7C
Repeal the section, substitute:
7C Concurrent operation intended
(1) This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) This section does not apply to a law of a State or Territory if there is direct inconsistency between that law and this Act.
The committee divided. [10:13]
(Temporary Chairman—Senator Lines)
(3) Schedule 1, page 15 (after line 2), at the end of the Schedule, add:
Part 5—Concurrent operation of State or Territory laws
Renewable Energy (Electricity) Act 2000
53 Section 7C
Repeal the section, substitute:
7C Concurrent operation intended
(1) This Act is not intended to exclude or limit the concurrent operation of any law of a State or Territory.
(2) This section does not apply to a law of a State or Territory if there is direct inconsistency between that law and this Act.
The committee divided. [10:24]
(Temporary Chairman—Senator Lines)
That the Senate shall continue to sit until it has finally considered the Renewable Energy (Electricity) Amendment Bill 2015, or a motion for the adjournment is moved by a minister, whichever is the earlier.
Renewable Energy (Electricity) Amendment Bill 2015
(1) Schedule 1, page 15 (after line 2), at the end of the Schedule, add:
Part 5—Self ‑generation
Renewable Energy (Electricity) Act 2000
53 Subparagraph 31(2)(b)(ii)
Omit "used solely", substitute "used predominantly".
54 After subsection 31(2)
Insert:
(2A) For the purposes of subparagraph (2)(b)(ii), electricity that is transmitted or distributed is used predominantly for the transmission or distribution of electricity if:
(a) the primary purpose of generating the electricity is for the use of the end user who generated the electricity; and
(b) an amount of that electricity, no greater than the threshold amount determined under subsection (2B), is made available for use in relation to one or more services in the public interest.
(2B) For the purposes of paragraph (2A)(b), the Minister must, by legislative instrument, determine a threshold amount of electricity which can be made available for use in relation to one or more services in the public interest.
(2C) The Minister must:
(a) make a determination under subsection (2B) within 3 months of the commencement of this subsection; and
(b) as far as is practicable, ensure that a determination under that subsection is in force at all times after that determination comes into force.
… the Panel recommends that self-generators should be permitted to supply incidental amounts of electricity to third parties for community services on an otherwise dedicated line while still being eligible for the exemption.
(1) Schedule 1, page 15 (after line 2), at the end of the Schedule, add:
Part 5—Injunctions
Renewable Energy (Electricity) Act 2000
53 Subsections 154S(1), (2) and (3)
Repeal the subsections, substitute:
(1) If a person (the first person ) has engaged, is engaging, or is about to engage in any conduct that is or would be:
(a) an offence against this Act or the regulations; or
(b) a contravention of a civil penalty provision;
the Federal Court may, on the application of the Regulator or any other person, grant an injunction restraining the first person from engaging in the conduct.
(2) If:
(a) a person (the first person ) has refused or failed, is refusing or failing, or is about to refuse or fail, to do a thing; and
(b) the refusal or failure is, or would be:
(i) an offence against this Act or the regulations; or
(ii) a contravention of a civil penalty provision;
the Federal Court may, on the application of the Regulator or any other person, grant an injunction requiring the first person to do the thing.
(3) The power of the Federal Court to grant an injunction may be exercised:
(a) whether or not it appears to the Court that the first person intends to engage, or to continue to engage, in conduct of that kind; and
(b) whether or not the first person has previously engaged in conduct of that kind.
(1) If a person has engaged, is engaging, or is about to engage in any conduct that is or would be:
(a) an offence against this Act or the regulations; or
(b) a contravention of a civil penalty provision;
the Federal Court may, on the application of the Regulator or any other aggrieved person, grant an injunction restraining the person from engaging in the conduct.
The committee divided. [22:58]
(Temporary Chairman—Senator Back)
That this bill be now read a third time.
The Senate divided. [23:03]
(The President—Senator Parry)