The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 10:00, read prayers and made an acknowledgement of country.
Cutting the company income tax rate increases domestic productivity and domestic investment. … More capital means higher productivity and economic growth, and leads to more jobs and higher wages.
… we believe in free enterprise; not enterprise free of social obligation …
Australians look to their members and senators to provide them with a parliament that works for them.
… their trust to deal sensibly, responsibly and diligently with a multitude of policy choices important, not only to how Australians live today, but to what sort of society we bequeath to future generations.
Responsible government in a democracy is regarded by us as the ultimate guarantee of justice and individual rights.
… I am concerned that people in some of the circles I mix, on my side of politics, increasingly seem to think that they should write, or invoke, or resurrect, laws that will shut Andrew Bolt up.
I do believe it needs changes—not to wipe it completely, but to pull it back a bit.
The mere fact that you insult or offend someone probably should not, of itself, give rise to legal liability. My personal view is that 18C probably reached a bit far so a bit of fine-tuning would probably be OK.
… there are arguments that 18C lacks sufficient precision and clarity, and unjustifiably interferes with freedom of speech by extending to speech that is reasonably likely to 'offend'. In some respects, the provision is broader than is required under international law to prohibit the advocacy of racial hatred, broader than similar laws in other jurisdictions, and may be susceptible to constitutional challenge.
The New Zealand and UK provisions seem narrower than the Australian provision … For example, the provisions do not cover offensiveness, and require that the person provoke hostility or hatred against a group of persons defined by race or ethnicity.
The present act has to be changed—a little. Hurt feelings should never attract the law as they do now under section 18C.
… enable the minister to appoint any state or territory registrar as the Registrar of Deaths Abroad; validate the prior appointment of the ACT Registrar-General as the registrar and validate any previous registrations of deaths; enable the registrar to register death that could have been registered under the law of a state or territory, where the state or territory concerned has provided notice that it will not register a death; and ensure that only the registrar can register deaths.
This is a shocking state of affairs and we will move quickly to establish what happened.
The department's approach to identifying mobile black spots was pragmatic.
The key decisions in the assessment of proposals, including the awarding of points and compilation of the merit list were conducted by the department in accordance with the guidelines and were appropriately documented. The recommended list of proposed base stations to the Parliamentary Secretary and the Minister was also consistent with the department’s assessment, merit-listing and application of the equitable distribution principles …
The leak of those documents, they were not top secret documents …
As the Direction relates to the process for referring a question of law to the Solicitor-General, the Attorney-General has consulted the Solicitor-General.
That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by Senator Farrell today relating to a proposed plebiscite concerning marriage equality.
The constitution doesn't provide for interposing this additional step in the law-making process. The last time we tried it was in 1916, 100 years ago, on the question of overseas compulsory military service. And we haven't really attempted a plebiscite as an interposition for 100 years.
We are not a populist democracy and we don't elect our prime minister or a president. We are a representative democracy who does things through an elected legislature, which meets in public session, whose record is kept by the Hansard, whose speeches are recorded, whose votes are recorded. That's the way we've done it for 110 years—
That the Senate take note of the answer given by the Special Minister of State (Senator Ryan) to a question without notice asked by Senator Di Natale today relating to foreign donations.
That the provisions of paragraphs (5) and (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:
Budget Savings (Omnibus) Bill 2016
Competition and Consumer Amendment (Country of Origin) Bill 2016
Corporations Amendment (Auditor Registration) Bill 2016
Customs Tariff Amendment (Tobacco) Bill 2016
Excise Tariff Amendment (Tobacco) Bill 2016
National Cancer Screening Register Bill 2016
National Cancer Screening Register (Consequential and Transitional Provisions) Bill 2016
Statute Law Revision (Spring 2016) Bill 2016
Statute Update Bill 2016
Treasury Laws Amendment (Income Tax Relief) Bill 2016
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
BUDGET SAVINGS (OMNIBUS) BILL
Purpose of the Bill
The purpose of the Budget Savings Bill is to take steps towards demonstrating immediate and tangible progress towards fiscal repair.
The bill contains savings measures announced in the 2016-17 Budget and earlier budget updates.
Reasons for Urgency
Urgent consideration of the bill is necessary to demonstrate that the Government is willing to take immediate, necessary and tangible steps towards fiscal repair.
Further, many of the savings measures have start dates that require prompt consideration and passage in order to realise the fiscal savings incorporated into the forward estimates published in the 2016 Pre-Election Economic and Fiscal Outlook.
(Circulated by authority of the Treasurer)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
COMPETITION AND CONSUMER AMENDMENT (COUNTRY OF ORIGIN) BILL
Purpose of the Bill
The bill will amend the country of origin safe harbour defences in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). The amendments form part of a package of country of origin labelling reforms announced by the Government in July 2015, and subsequently agreed by States and Territories earlier this year.
Reasons for Urgency
The bill will amend the country of origin safe harbour defences in the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010). The amendments form part of a package of country of origin labelling reforms agreed and announced by the Government on 21 July 2015 and agreed by all jurisdictions through the Legislative and Governance Forum on Consumer Affairs (CAF) on 31 March 2016.
The key element of the package, the Country of Origin Food Labelling Standard 2016, was made and registered in April 2016, and commenced on 1 July 2016. This bill was originally introduced on 4 May 2016 with a view to commencement at the same time as the Information Standard, but lapsed when the Parliament was dissolved prior to the 2016 Federal Election.
Introducing the amendments contained in this bill as soon as possible will ensure that all elements of Australia's new country of origin labelling system are aligned with minimum delay. This will provide consistency, clarity and certainty for businesses and consumers, and deliver the full benefit of the Government's reforms as soon as practicable.
(Circulated by authority of the Minister for Industry, Innovation and Science)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
CORPORATIONS AMENDMENT (AUDITOR REGISTRATION) BILL 2016
Purpose of the Bill
This Bill amends the Corporations Act 2001 to address the legal consequences arising from an approval issued by the Australian Securities and Investments Commission in November 2004. The approval was of an auditing competency standard (CPA/ICAA standard) produced by CPA Australia and the Institute of Chartered Accountants in Australia. Certain requirements of theLegislation Act 2003 were not met, and as a result the validity of the registration of an auditor on the basis of the CPA/ICAA standard, after 1 December 2005, is uncertain.
Reasons for Urgency
Amends the Corporations Act 2001 to provide a permanent legislative solution to an issue of legal uncertainty in respect of the registration of certain company auditors. The issue was previously dealt with through a temporary class order, issued by the Australian Securities and Investments Commission.
(Circulated by authority of the Treasurer)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
EXCISE TARIFF AMENDMENT (TOBACCO) BILL
CUSTOMS TARIFF AMENDMENT (TOBACCO) BILL
Purpose of the Bills
The purpose of the bills is to improve health outcomes for Australians by reducing their exposure to tobacco products. The bills increase the rates of duty on tobacco so that duty on tobacco is close to the World Health Organisation's recommendation that tax should comprise 70 per cent of the price of a cigarette.
Reasons for Urgency
The bills need to be introduced and passed in the 2016 Spring sittings to ensure that this important Government health initiative announced in the 2016-17 Budget is legislated as soon as possible.
(Circulated by authority of the Treasurer)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
NATIONAL CANCER SCREENING BILL
NATIONAL CANCER SCREENING REGISTER (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL
Purpose of the Bill
The bills establish a new single National Cancer Screening Register (NCSR) which will replace the current National Bowel Cancer Screening Register and eight separate state and territory based registers and introduce mandatory reporting to the NCSR for some specialist health care providers.
Reasons for Urgency
Passage is required by 15 September 2016 to enable commencement of the NCSR by 20 March 2017 to support the expansion of the National Bowel Cancer Screening Program. Delays in passage will significantly put at risk the ability of the NCSR to support the renewed National Cervical Screening Program commencing 1 May 2017. There are associated implications for pathology workforce, state and territory-based registers (due to be shut down on 1 May 2017) and education programs targeted at consumers and GPs, as well as the introduction of new MBS items.
(Circulated by authority of the Minister for Health and Aged Care)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
STATUTE LAW REVISION (SPRING 2016) BILL 2016
Purpose of the Bill
The Bill corrects technical errors in Acts and makes other minor changes to improve clarity and usability. It does not change the substance of the law.
Reasons for Urgency
The Bill will correct technical errors that have occurred in Acts as a result of drafting and clerical mistakes, alter references to specific Ministers and Departments to reduce the need for substituted reference orders, and repeal spent and obsolete provisions and Acts. It will reduce regulatory burden by improving the quality of the Commonwealth statute book and will contribute to the necessary ongoing maintenance of legislation to ensure its accuracy, usability and currency.
(Circulated by authority of the Attorney-General)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
STATUTE UPDATE BILL 2016
Purpose of the Bill
The Bill updates provisions in Acts to take account of changes to drafting precedents and practice. The amendments either make no change or only minor changes to the substance of the law.
Reasons for Urgency
The Bill will make minor and technical changes that are necessary as a result of changes to drafting precedents and practice. It will reduce regulatory burden by improving the quality of the Commonwealth statute book and will contribute to the necessary ongoing maintenance of legislation to ensure its accuracy, usability and currency.
(Circulated by authority of the Attorney-General)
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
TREASURY LAWS AMENDMENT (INCOME TAX RELIEF) BILL
Pur pose of the Bill
The purpose of the Treasury Laws Amendment (Income Tax Relief) Bill 2016 is to increase the 32.5 per cent personal income tax threshold from $80,000 to $87,000 from 1 July 2016.
Reasons for Urgency
Introduction and passage of the bill during the 2016 Spring sittings is required to provide certainty for taxpayers and the Australian Taxation Office (ATO) and provide sufficient time to put in place systems and processes to allow for the efficient administration of the tax system and a smooth roll out of Tax Time 2017. Tax cuts provided in the bill are to apply from 1 July 2016.
(Circulated by authority of the Treasurer)
That general business order of the day no. 14 (Marriage Equality Amendment Bill 2013) be considered on Thursday, 15 September 2016 under consideration of private senators' bills.
That consideration of the business before the Senate on the following days be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable senators to make their first speeches without any question before the chair, as follows:
(a) Tuesday, 13 September 2016—Senator Watt; and
(b) Wednesday, 14 September 2016—Senator McCarthy.
That there be laid on the table no later than 10 am on Monday, 12 September 2016 by the Minister for Finance, the following documents:
(a) any correspondence including appointments between successful tenderer and major donor Leighton Holdings (CIMIC Group Ltd) with any federal minister relating to the Perth Freight Link;
(b) the traffic modelling for the Perth Freight Link with specific regard to Government claims that it will reduce congestion, improve safety, reduce traffic accidents on Leach Highway, and improve access to Fiona Stanley Hospital;
(c) a summary of all requests made to the Government for traffic modelling or the business case that have been refused on commercial-in-confidence or public interest grounds;
(d) any environmental surveying or assessment of the construction envelope in Stage 2 or 3 including Stygofauna or Trogofauna given the new decision to complete much of the Freight Link by tunnel; and
(e) a list of every National Partnership project that has received federal funding from the Abbott-Turnbull terms of Government of more than $100 million without a published business case.
That the Senate—
(a) recognises that:
(i) 8 September was 'R U OK Day', dedicated to reminding people to ask family, friends and colleagues in a meaningful way R U OK?, and
(ii) 10 September was World Suicide Prevention Day, a day to draw public attention to suicide prevention;
(b) acknowledges that:
(i) suicide statistics show that it is at the highest level in 10 years, and there were more than 2,000 deaths from intentional self-harm in 2014,
(ii) Mental Health Australia has called for a commitment to long term targets on mental health, and
(iii) Suicide Prevention Australia has called for a shared goal of a 50 per cent reduction in suicides in 10 years; and
(c) calls on the Government to adopt a national suicide prevention target.
That—
(a) the Senate notes that:
(i) on 3 August 2016, the Australian Statistician was interviewed on the ABC television program 7.30 in relation to the 2016 Census, and
(ii) during the interview the Australian Statistician referred to legal advice received from the Australian Government Solicitor; and
(b) there be laid on the table no later than 3 pm on Wednesday, 14 September 2016 by the Minister representing the Minister for Small Business, the legal advice referred to by the Australian Statistician during his appearance on 7.30 on 3 August 2016.
[The Senate divided. [15:42]
(The President—Senator Parry)
(1) That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by the last sitting day in March 2017:
The serious allegations of abuse, self-harm and neglect of asylum seekers in relation to the Nauru Regional Processing Centre, and any like allegations in relation to the Manus Regional Processing Centre, with particular reference to:
(a) the factors that have contributed to the abuse and self-harm alleged to have occurred;
(b) how notifications of abuse and self-harm are investigated;
(c) the obligations of the Commonwealth Government and contractors relating to the treatment of asylum seekers, including the provision of support, capability and capacity building to local authorities;
(d) the provision of support services for asylum seekers who have been alleged or been found to have been subject to abuse, neglect or self-harm in the centres or within the community;
(e) the role an independent children’s advocate could play in ensuring the rights and interests of unaccompanied minors are protected,
(f) the effect of Part 6 of the Australian Border Force Act 2015;
(g) attempts by the Commonwealth Government to negotiate third country resettlement of asylum seekers and refugees;
(h) additional measures that could be implemented to expedite third country resettlement of asylum seekers and refugees within the centres; and
(i) any other related matters.
(2) That the committee be granted access to all inquiry submissions and documents of the preceding committee relating to its inquiry into the conditions and treatment of asylum seekers and refugees at the regional processing centres in the Republic of Nauru and Papua New Guinea.
The Senate divided. [16:48]
(The President—Senator Parry)
That the Senate—
(a) notes:
(i) Transurban now either fully or partially operates 13 of the 15 toll roads in Sydney, Melbourne and Brisbane,
(ii) Transurban's role in the construction and future operation of Melbourne's Western Distributor, a 'market-led' proposal,
(iii) Transurban's stated intention to become the 'natural custodian' of Australia's motorways as policy shifts towards greater road pricing,
(iv) the New South Wales Government's stated intention to sell down its stake in the WestConnex project,
(v) the extension of Transurban's Citylink monopoly as part of the Western Distributor contract, and
(vi) the Productivity Commission's assessment of the dangers of public private partnerships unless the "risks are transferred efficiently, transparently and credibly, with incentives that align the interests of the private sector with that of the public"; and
(b) supports the approach that all contracts, business cases, transport and economic modelling and other associated documents of governments and between governments and private contractors in the planning, construction and operation of toll roads should be made fully available to the public, unredacted, in a timely manner.
The Senate divided. [15:54]
(The President—Senator Parry)
That the Senate—
(a) notes that:
(i) more than $800 million was lost by Australians on legal sports betting in the 2014-15 financial year, an increase of more than 30 per cent from 2013-14,
(ii) while some restrictions on gambling advertising exist, there is an exemption that allows gambling advertising during televised sporting events at children's viewing times,
(iii) research shows that children are especially susceptible to such advertising, and
(iv) there is a pressing need to ban gambling advertising particularly during children's viewing times;
(b) calls on the Government to amend the Broadcasting Services Act 1992 to ban gambling advertising during sporting broadcasts during children's viewing times; and
(c) further notes community concern about the recent increased level of gambling advertising on the Special Broadcasting Service, and calls on the Minister for Communications to issue a directive under section 11 of the Special Broadcasting Service Act 1991 to limit the amount of such advertising.
The Senate divided. [15:59]
(The President—Senator Parry)
That the Senate—
(a) notes:
(i) the technical failures of the Australian Bureau of Statistics (ABS) website on Census night, 9 August 2016, prevented thousands of people completing the Census,
(ii) subsequent attempts to address the technical failures further added to confusion and impacted public confidence in the Census process,
(iii) the Census website was offline for several days after census night, and sporadically offline in the following weeks, and
(iv) thousands of Australians were unable to complete the Census, and thousands of Australians were reluctant to do so due to privacy concerns; and
(b) calls on the Government to direct the ABS to issue a statement declaring that no Australians will be fined for failing to complete the Census.
The Senate divided. [16:04]
(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 failure of the Turnbull Government to clearly outline its position on public funding of campaigns in the proposed plebiscite in marriage equality.
A spokesman for the Archbishop of Sydney Glenn Davies said Mr Turnbull made the remarks at a meeting of church leaders earlier this year.
"It is the Archbishop's clear recollection that the Prime Minister, in words that were unambiguous, stated that funding would be available to both sides on a similar basis to the republic referendum, thought the exact amount was not discussed," the spokesman said in a statement.
"The promise was later raised at a smaller meeting with [Attorney-General George] Brandis in March, who then asked what funding was appropriate, to which the Archbishop replied: the same amount as in 1999, CPI adjusted."
I want him to be more transparent, more open, more inclusive. I have no doubt the Attorney-General is committed to making it happen but I want to see him work with everyone. I want to see him talking to the other side about their views.
On the issue of marriage I think the reality is there is a cultural, religious, historical view around that which we have to respect. The party's position is very clear that this is an institution that is between a man and a woman.
You and your kind will not be allowed, nor tolerated to brainwash our kids and sexually groom them. We will never forget. Be sure about it.
Gay couples are not asking anything but equal rights, no idea what he is talking about. My children grew up with 3 parents, their mother and me when they were between their birth and pre- school and then they came living with me and my gay partner as their mother was unable at the time to have them…We love our children and they always have frequent contact with their mother, there was never a conflict or disagreement and my children have grown up into balanced and happy adults. All I am saying is when love guides your hearts and actions, there is no problem.
And what about the millions of children who have lost 1 or both "natural parents". Sure makes them feel great to be told they should have "natural parents".
THIS is a perfect example of why a plebiscite might be "civil" in—
eyes and in the Parliament where people's jobs hinge on their choices of words, but in the eyes of any LGBT person or their families, on the level of the talk on the street and social media it will be anything but.
… "people will make up their own minds" about whether they believe Mr Turnbull or the church leaders.
… that it will be easier to achieve a cross-party free vote, or encourage Liberals to cross the floor, than it will be to conduct a plebiscite fairly and have a 'yes' vote implemented quickly.
I wanted to flag my concern up front straight away that this idea that somehow you can have a proper plebiscite without funding for the 'yes' and 'no' cases would not be the sort of plebiscite that was envisaged by the party room when we decided on it.
… … …
Ultimately the plebiscite was a party room decision and I trust that this will remain a party room decision.
And I trust that Cabinet will ensure that the views of the party room are determined and that the party room is not steamrolled.
It is the Archbishop's clear recollection that the Prime Minister, in words that were unambiguous, stated that funding would be available to both sides on a similar basis to the republic referendum, though the exact amount was not discussed.
The promise was later raised at a smaller meeting with [Attorney-General George] Brandis in March, who then asked what funding was appropriate, to which the Archbishop replied: the same amount as in 1999, CPI adjusted.
That the Senate take note of the document.
That the Senate take note of the document.
Auditor-General—Audit report no. 10 of 2016-7—Performance audit—Award of funding under the Mobile Black Spot Programme: Department of Communications and the Arts. Motion to take note of document moved by Senator Bilyk. Debate adjourned till the next day of sitting, Senator Bilyk in continuation.
Regional Forest Agreement between the Commonwealth and Tasmania—Joint Australian and Tasmanian government response to the Review of the implementation of the Tasmanian Regional Forest Agreement for the period 2007 to 2012. Motion to take note of document moved by Senator McKim and debated. On the motion of the Assistant Minister for Agriculture and Water Resources (Senator Ruston) the debate was adjourned till Thursday at general business.
Institutional Responses to Child Sexual Abuse—Royal Commission—Report of case study no. 33—The response of The Salvation Army (Southern Territory) to allegations of child sexual abuse at children’s homes that it operated. Motion to take note of document moved by Senator Urquhart. Debate adjourned till Thursday at general business, Senator Urquhart in continuation.
Register of Foreign Ownership of Agricultural Land Act 2015 —Report of registrations for 2015-16. Motion to take note of document moved by Senator Macdonald. Debate adjourned till Thursday at general business, Senator Macdonald in continuation.
That the Senate concurs with the resolutions of the House of Representatives contained in messages Nos 2 to 13 relating to the appointment of joint committees.
That senators be discharged from and appointed to committees in accordance with the document circulated in the chamber.
Community Affairs Legislation and References Committees—
Appointed—Participating members: Senators Culleton, Hanson and Roberts
Economics Legislation Committee—
Discharged—
Senator Bernardi
Participating member: Senator Macdonald
Appointed—
Senator Macdonald
Participating members: Senators Burston and Culleton
Economics References Committee—
Discharged—
Senator Bernardi
Participating member: Senator Macdonald
Appointed—
Senator Macdonald
Participating members: Senators Burston and Culleton
Education and Employment Legislation and References Committees—
Appointed—Participating members: Senators Culleton, Hanson and Roberts
Environment and Communications Legislation Committee—
Discharged—
Senator Paterson
Participating member: Senator Bushby
Appointed—
Senator Bushby
Participating members: Senators Burston and Culleton
Environment and Communications References Committee—
Discharged—
Senator Paterson
Participating member: Senator Bushby
Appointed—
Senator Bushby
Participating members: Senators Burston and Culleton
Finance and Public Administration Legislation Committee—
Discharged—
Senator Bernardi
Participating member: Senator Paterson
Appointed—
Senator Paterson
Participating members: Senators Burston, Culleton and Hanson
Finance and Public Administration References Committee—
Discharged—
Senator Bernardi
Participating member: Senator Paterson
Appointed—
Senator Paterson
Participating members: Senators Burston, Culleton and Hanson
Foreign Affairs, Defence and Trade—Joint Standing Committee—
Appointed—Senators Ludlam and Xenophon
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating members: Senators Burston, Culleton and Roberts
House—Standing Committee—
Appointed—Senators Bushby and Fawcett
Human Rights—Joint Statutory Committee—
Appointed—Senator McKim
Legal and Constitutional Affairs Legislation and References Committees—
Appointed—Participating members: Senators Culleton and Roberts
Migration—Joint Standing Committee—
Appointed—Senator McKim
National Capital and External Territories—Joint Standing Committee—
Appointed—Senator Rhiannon
National Disability Insurance Scheme—Joint Standing Committee—
Appointed—Senator Siewert
Northern Australia—Joint Standing Committee—
Appointed—Senator Waters
Public Accounts and Audit—Joint Statutory Committee—
Appointed—Senators Duniam, McKenzie and Smith
Public Works—Joint Statutory Committee—
Appointed—Senators Smith and Williams
Publications—Standing Committee—
Appointed—Senators Back, Duniam, Hume and Reynolds
Rural and Regional Affairs and Transport Legislation and References Committees—
Appointed—Participating members: Senators Burston and Roberts
Scrutiny of Bills—Standing Committee—
Discharged—Senator Bernardi
Appointed—Senator Hume
Senators' Interests—Standing Committee—
Discharged—Senator Bernardi
Appointed—Senator Abetz.
Question put and passed.
Registration of Deaths Abroad Amendment Bill 2016
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraph (6) of standing order 111 not apply to the bill.
Purpose of the Bill
The Bill amends the Registration of Deaths Abroad Act 1984 (RDA Act). The purpose of the amendments is to allow the RDA Act to function as originally
intended, establishing a Registrar of Deaths Abroad with the capacity to register deaths in particular circumstances, namely overseas deaths. The Bill provides the Foreign Minister with broader authority to appoint any State or Territory registrar as the Registrar of Deaths Abroad. Each State and Territory has been consulted on these changes.
Reasons for Urgency
It is desirable the Bill be passed in the 2016 Spring sittings since currently the RDA Act requires the Registrar of Deaths Abroad to be engaged under the Public Service Act 1999. The ACT Registrar has traditionally served as the Registrar of Deaths abroad but is no longer appointed under thePublic Service Act 1999 and therefore has no authority to continue to perform this role. As a result, some deaths are currently not being registered in a timely manner.
That this bill be now read a second time.
REGISTRATION OF DEATHS ABROAD AMENDMENT BILL 2016
This bill amends the Registration of Deaths Abroad Act 1984.
The primary purpose of this bill is to correct an anomaly in the Registration of Deaths Abroad Act 1984. The correction will allow the 'Registrar of Deaths Abroad' to register deaths in prescribed circumstances.
Under current arrangements, applicants can remain in a procedural 'limbo' as they negotiate with State or Territory registrars to register an overseas death. By permitting the appointment of a federal Registrar of Deaths Abroad, this bill will simplify the registration of deaths abroad.
The bill will provide the Foreign Minister with the flexibility to appoint any State or Territory registrar as the Registrar of Deaths Abroad.
The bill will also validate the prior appointment of the ACT Registrar-General as the Registrar of Deaths Abroad and any previous registrations of deaths under the Act.
The amendments will allow the Registrar of Deaths Abroad to register deaths that could have been registered under the law of a State or Territory, where the State or Territory concerned has provided notice that it will not register a death.
In order to ensure that only the Registrar of Deaths Abroad can register deaths under the Act, the bill removes any references to 'registering officers' from the Act.
The work of the dedicated consular case officers assigned to each MH17 family, perhaps the most difficult of all assignments, deserves the highest praise. Having spoken to the families of the victims, I know how heartbreaking this work must have been. So I thank everyone in my department involved in bringing home the Australian victims—and I know their work is ongoing—on behalf of the families and the Australian people. They have served our country with distinction.
That this bill be now read a third time.
That senators be discharged from and appointed to committees in accordance with the document circulated in the chamber.
Australian Commission for Law Enforcement Integrity—Joint Statutory Committee—
Appointed—Senators Bilyk, McKenzie, O'Sullivan and Watt
Corporations and Financial Services—Joint Statutory Committee—
Appointed—Senators Hume, Ketter, O'Neill and Williams
Electoral Matters—Joint Standing Committee—
Appointed—Senators Brown, O'Neill, O'Sullivan and Reynolds
Foreign Affairs, Defence and Trade—Joint Standing Committee—
Appointed—Senators Back, Conroy, Farrell, Fawcett, Gallacher, Macdonald, McKenzie, Moore, O'Neill and Reynolds
Human Rights—Joint Statutory Committee—
Appointed—Senators Brown, Paterson, Reynolds and Singh
Law Enforcement—Joint Statutory Committee—
Appointed—Senators Abetz, Bilyk, O'Sullivan and Singh
Library—Standing Committee—
Appointed—Senators Back, Duniam and Paterson
Migration—Joint Standing Committee—
Appointed—Senators Back, Dastyari and Paterson
National Capital and External Territories—Joint Standing Committee—
Appointed—Senators Duniam, Gallagher, McCarthy and Paterson
National Disability Insurance Scheme—Joint Standing Committee—
Appointed—Senators Duniam, Gallagher, Hume, McCarthy and Paterson
Northern Australia—Joint Standing Committee—
Appointed—Senators Dodson, Macdonald, McCarthy and Smith
Selection of Bills—Standing Committee—
Discharged—Senator Dastyari
Appointed—Senator Gallagher
Trade and Investment Growth—Joint Standing Committee—
Appointed—Senators Abetz, Bushby, Chisholm and Lines.
Primary Industries Levies and Charges Collection Amendment Bill 2016
That this bill may proceed without formalities and be now read a first time.
That the provisions of paragraph (6) of standing order 111 not apply to the bill.
STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2016 SPRING SITTINGS
PRIMARY INDUSTRIES LEVIES AND CHARGES COLLECTION AMENDMENT BILL
Purpose of the Bill
The bill amends the Primary Industries Levies and Charges Collection Act 1991 to make minor changes to the ability to distribute levy payer information for the purpose of developing levy payer registers.
The amendments will allow distribution of levy payer information from agricultural industries that pay statutory agricultural levies, if a research and development corporation (RDC), in consultation with industry, requests that government collect this information.
Reasons for Urgency
Introduction and passage in the 2016 Spring sittings will ensure agricultural industries are able to benefit from these straightforward legislative amendments in a timely manner. The bill was first introduced to the Parliament in Autumn 2016. It was considered by the Senate Rural and Regional Affairs Transport and Legislation Committee, which recommended that the Senate pass the bill. The Committee received and considered 35 submissions from stakeholders in developing its recommendations. These stakeholders are likely to expect the bill's introduction and passage through the Parliament at an early stage.
The Senate Rural and Regional Affairs and Transport Committee's report into its inquiry into Industry structures and systems governing the imposition of and disbursement of marketing and research and development (R&D) levies in the agricultural sector identified improved consultation and allocation of voting entitlements as critical for the ongoing health of Australia's R&D system. The report's first two recommendations identified legislative amendments to allow for the development of levy payer registers as key to achieving this aim.
The legislation currently prohibits information collected by the Department of Agriculture and Water Resources being distributed to RDCs for the purpose of developing levy payer registers. This bill will make amendments to allow this to occur, at the request of the relevant RDC and industry.
A number of RDCs are actively investigating options for levy payer registers and are proceeding with investments in the development of interim registers.
In addition, the Agricultural Competitiveness White Paper identifies a number of measures aimed at improving Australia's world-leading rural R&D system. These measures and the outcomes they seek to deliver, including new research and development priorities, improved
governance of RDCs and increased funding for the Rural Industries Research and Development Corporation, would benefit from timely improvements to consultation between RDCs and the levy payers that fund the R&D system.
Levy payer information will also be available to the Australian Bureau of Statistics to support its functions.
That this bill be now read a second time.
Australia's rural industries are among the most innovative and productive in the world. Continued investment in rural research and development (R&D) is vital to ensure ongoing growth and improvement in the profitability and competitiveness of Australia's agriculture, fisheries, forestry and food sectors. In recognition of this, the Australian Government works with industry to co-invest in research through our world-leading rural R&D system.
Much of this work is delivered through the 15 rural research and development corporations (RDCs). RDCs provide a mechanism for industry to come together and invest collectively in R&D. The government assists by establishing and collecting a levy on behalf of an industry, if an industry requests this. The government also matches an RDC's eligible R&D spending up to a legislated cap. It is estimated that for every dollar that the government invests in rural R&D, farmers generate a $12 return over 10 years.
Feedback from primary producers is an integral part of how RDCs work. RDCs are required to consult with industry on their activities, to give those who fund the research, via levies, an opportunity to provide input into the strategic direction of the corporation.
Numerous reviews and inquiries, including the Senate Rural and Regional Affairs and Transport References Committee's inquiry into Industry structures and systems governing levies on grass-fed cattle andIndustry structures and systems governing the imposition of and disbursement of marketing and R&D levies in the agricultural sector, have identified improved consultation with levy payers as key to the ongoing strength of Australia's rural R&D system. Several of these inquiries recommended that the establishment of levy payer registers would offer a way for RDCs to consult more effectively with the primary producers who fund them.
The government agrees that levy payers should have more of a say in how their levy funds are spent. RDCs should know who their levy payers are. Levy payer registers would provide RDCs with the ability to identify and consult directly with levy payers on research priorities and levy expenditure, and to accurately and efficiently allocate voting entitlements for polls, where this is relevant.
This Bill makes possible the establishment of levy payer registers by RDCs by amending the Primary Industries Levies and Charges Collection Act 1991 . As it stands, the Act only permits the distribution of levy payer information to the wool and dairy RDCs. This Bill remedies this by allowing the government to provide levy payer information, for the purposes of a levy payer register, to the 13 other RDCs.
The Bill removes the legislative impediment to the development of levy payer registers. However, recognising that a 'one size fits all' approach would not be appropriate given the diversity of Australian agricultural industries, the Bill allows for the distribution of levy payer information to an RDC to occur only where an RDC, in consultation with industry, requests it, and that request is approved by the minister. The Department of Agriculture and Water Resources would then work with the RDC on the administrative design and development of a register. This is consistent with the government's approach to the broader R&D levy system, which is centred on industry support.
The Bill also allows the Secretary of the Department of Agriculture and Water Resources to permit levy payer information to be provided to the Australian Bureau of Statistics. This is consistent with the Australian Government's Public Data Policy Statement, which commits to securely share data between Australian Government entities to improve efficiencies, and inform policy development and decision-making.
The Bill maintains current practices for distribution of the name and address of the person or body that lodges levy returns with the Department of Agriculture and Water Resources, to RDCs, industry representative bodies and others. In limited situations, the person that lodges returns is also the levy payer (for example, in the turf industry).
The Bill does not permit disclosure of information included in a levy payer register by an RDC or the ABS to a third party, except in limited circumstances and where expressly permitted by the Secretary in writing. This aims to protect the integrity and security of levy and charge payers' personal information.
Where an eligible recipient is permitted to disclose levy payer information to a third party, that person or body may only use the information for restricted purposes relating to R&D, marketing, biosecurity or the National Residue Survey, or in connection with any activity carried out by the RDC for the benefit of producers in the industry it serves.
Where levy payer contact details are to be provided to an industry representative body, the administrative arrangements will enable levy payers to choose to opt-out and not receive information.
The passage of this Bill is the first key step in allowing for the development of levy payer registers, making it possible for the RDCs to identify and connect directly with those who fund their work.
Through greater levy payer engagement in the R&D system, RDCs will be able to better align research investments to industry priorities—improving returns to primary producers and contributing to a more profitable, competitive and sustainable agricultural sector.
We will now work with the RDCs and industry to make this happen.
The government is committed to an Australian R&D system that remains transparent, consultative and delivers tangible benefits to Australia's agricultural industries into the future.
The producer-owned body should also be authorised to receive matching government research and development funds.
… fully supports the principles of open, transparent and accountable processes for informing and engaging with levy payers. This Bill enables the establishment and use of levy-payer registers which in turn will mean the RDCs can have accurate, up-to-date information about levy payers. The Council supports the Bill being passed.
… the amendments as proposed would allow SRA to better achieve its overall objectives resulting in improved returns to our growers and contribute to a more profitable, competitive and sustainable sugar cane industry in NSW.
Strengthen CRDC's capacity to consult with cotton farmers on their R&D priorities, improve the distribution and extension of research results as well as receiving feedback on CRDC's performance.
High quality statistical information about agricultural production in Australia and the number of active enterprises has also been an issue of concern for some time. Making information available as appropriate to support the functions of the Australian Bureau of Statistics, consistent with the government’s Public Data Policy Statement, is also expected to help improve this situation.
That this bill be now read a third time.
The Labor party has no ownership structures at all of Magenta Linus. I don't know every transaction they've had at the state level but what I do know is that the clear difference here is that the Liberal Party—they love a dollar these Liberals.
That this house expresses its serious concern at the government’s decision to provide a different and more expensive electorate information management system to each Australian Labor Party state member of Parliament than that provided to all non-ALP members.
In Western Australia, the government provides more money to Labor members of Parliament for their electorate information management system than it provides to non-Labor members. That, to me, is an unsatisfactory state of affairs, in the absence of any explanation to the contrary.
The data shows that while the digital divide continues to narrow, persistent and significant differences remain between different groups of Australian in relation to both access and use of the internet.
I've had farmers ringing me up saying 'I've bought this piece of equipment for $500,000 and to get the best out of it I need decent internet and I don't have that …'