The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 09:30, read prayers and made an acknowledgement of country.
Competition and Consumer Amendment (Truth in Labelling—Palm Oil) Bill 2017
There are many processes. They go on for a long time. As Senator Siewert outlined, this has been proposed for many years. But there has been no action. So the coalition, in supporting this bill, is simply saying consumers have the right to know what is in the food and goods they purchase. We believe this will improve consumers' ability to make informed choices.
That where sugars, fats or vegetable oils are added as separate ingredients in a food, the terms 'added sugars' and 'added fats' and/or 'added vegetable oils' be used in the ingredient list as the generic term, followed by a bracketed list (e.g., added sugars (fructose, glucose, syrup, honey), added fats (palm oil, milk fat) or added vegetable oils (sunflower oil, palm oil)).
There is no evidence to suggest that labelling products which use palm oil would be an effective means to address … concerns of deforestation in South East Asia.
The committee is of the view that the Bill would not affect deforestation of orangutan habitats because it will not act on the factors driving deforestation. Deforestation is occurring because Indonesia and Malaysia wish to improve their living standards, and one of the most effective means of doing so is through agriculture. Further, one of the most commercially successful crops in the tropics is palm oil.
134 Making information standards for goods and services
(1) The Commonwealth Minister may, by written notice published on the internet, make an information standard for one or both of the following:
(a) goods of a particular kind;
(b) services of a particular kind.
(2) Without limiting subsection (1), an information standard for goods or services of a particular kind may:
(a) make provision in relation to the content of information about goods or services of that kind; or
(b) require the provision of specified information about goods or services of that kind; or
(c) provide for the manner or form in which such information is to be provided; or
(d) provide that such information is not to be provided in a specified manner or form; or
(e) provide that information of a specified kind is not to be provided about goods or services of that kind; or
(f) assign a meaning to specified information about goods or services.
Making information standards for goods and services
(1) The Commonwealth Minister may, by written notice published on the internet, make an information standard—
Australian Broadcasting Corporation Amendment (Restoring Shortwave Radio) Bill 2017
In times of crisis when other forms of media like FM and digital services are damaged or unavailable such communities rely on broadcasts safely transmitted from outside the disaster zone. This is exactly the role Radio Australia shortwave broadcasts played during Cyclone Pam.
… people around our nation relied on Radio Australia's shortwave broadcasts to stay up-to-date about the cyclone's progress and they took the thorough and expert advice on the shortwave service very seriously indeed. It is undoubtedly the case that Radio Australia's shortwave service helped save Ni-Vanuatu lives.
… My understanding of China's shortwave investment is that it is taking up as many of allotments of shortwave frequencies and shortwave slots as it possibly can. Its investment in broadcasting is ratcheting up at a very large rate. So my answer is that China is investing in shortwave in a big way.
1.20 As Australia ramps down, China is filling the void.
We made clear to the ABC that we want them to continue to meet their international charter, that they need to continue coverage within the region, but we have not given a particular view about shortwave itself. We have left the decision about the technology to the ABC. We do not have the expertise on the particular technology.
We have had absolute silence now. I do not know what is happening to the world … I will implore the Senate committee to fully understand the hunters, fishermen and numerous other stakeholders that have just been thrown to the winds here.
Mental health problems are already a considerable problem in remote areas—sitting in silence while the rest of the country has a radio dial chock full of stations …
While shortwave technology has served audiences well for many decades, it is now nearly a century old and serves a very limited audience. The ABC is seeking efficiencies and will instead service this audience through modern technology.
Sure, it is expensive to keep the shortwave radio service going, but during cyclones, for the bush camps and people on boats, that is their only way of getting the weather reports.
It could be life threatening, if you are out and you don't know a cyclone is coming.
The VAST satellite dish is fixed to your house, we are working in the field, and when we are on the boats we are not in mobile phone range, so applications and VAST do not work in the bush.
The move is in line with the national broadcaster's commitment to dispense with outdated technology and to expand its digital content offerings including DAB+ digital radio, online and mobile services, together with FM services for international audiences.
… the ABC will assist with the transition to new technologies, providing information on how to access emergency services, as well as the use of modern and reliable devices such as emergency GPS beacons (EPIRBs) and affordable satellite telephones. Further information and specialist advice will be provided on how to access these services, including how to download catch-up radio programs and ABC podcasts to listen to whilst on the move.
The ABC says we'll still be able to tune in via FM radio, online streaming or the radio APP "that gives much better sound quality" - none of this is available further than about 40km from a transmitter, and it shows again how little the ABC bosses know about the bush. My wife and I often travel west of Uluru in my work with maintenance in the Purple House dialysis clinics and about half an hour from Uluru we loose FM reception. We can then tune into Short Wave on our Codan HF radio. We often camp between communities and it is always comforting to hear weather forecasts early in the morning.
Many older travellers also have these Codan or Barrett radios and often in winter at Stuart Highway rest areas we see groups of them gathered around a radio listening to an AFL football game.
We've been in the middle of the Great Sandy Desert with teams of bird watchers and on a Sunday morning we listen to Ian McNamara's 'Australia All Over' program from the Alice Springs, Tennant Creek or Katherine transmitters. Again, the weather information on the radio is very valuable. There is nothing else out there that can provide this kind of service.
We know of people in remote Aboriginal communities who do not have a local FM service or at best it is very unreliable, road maintenance crews and tour operators to whom the Short Wave reception is absolutely vital. It is very reliable and we have never known the HF transmitters to fail. If we are in a location where reception is not good from Alice Springs, we can tune into Tennant Creek.
The report read as follows —
SELECTION OF BILLS COMMITTEE
REPORT NO. 9 OF 2017
1. The committee met in private session on Wednesday, 16 August 2017 at 7.20 pm.
2. The committee recommends that—
(a) contingent upon introduction in the House of Representatives, the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 16 October 2017 (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 bereferred immediately to the Education and Employment Legislation Committee but was unable to reach agreement on a reporting date (see appendices 2 and 3 for a statement of reasons for referral);
(c) the provisions of the Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017 bereferred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 17 October 2017 (see appendices 4 and 5 for a statement of reasons for referral); and
(d) contingent upon introduction in the House of Representatives, the provisions of the Social Services Legislation Amendment (Cashless Debit Card) Bill 2017 bereferred immediately to the Community Affairs Legislation Committee but was unable to reach agreement on a reporting date (see appendices 6 and 7 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Product Emissions Standards (Excise) Charges Bill 2017
Product Emissions Standards (Customs) Charges Bill 2017
Product Emissions Standards (Consequential Provisions) Bill 2017
4. The committee deferred consideration of the following bills to its next meeting:
Education Services for Overseas Students Amendment Bill 2017
5. The committee considered the following bill but was unable to reach agreement:
(David Bushby)
Chair
17 August 2017
APPENDIX 1
Proposal to refer a bill to a committee:
Name of bill:
Anti-Money Laundering and Counter-Terrorism Financing Amendment Bill 2017
Reasons for referral/principal issues for consideration:
This Bill deals with Australia's efforts to combat money laundering and terrorism financing. Given the importance and complexity of these matters, it would be prudent to have this Bill considered by Committee to:
Possible submissions or evidence from:
Attorney-General's Department, AUSTRAC, CDPP, the Australian Federal Police, Law Council of Australia, State and Territory Law Associations (e.g. Law Institute of Victoria), State and Territory Bar Associations, major banks, Australian Bankers' Association, Australian Criminal Intelligence Commission, the Uniting Church, Transparency International Australia, State and Territory police forces.
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
16 October 2017
Senator Anne Urquhart
APPENDIX 2
Proposal to refer a bill to a committee:
Name of bill:
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
13 November 2017
Senator Anne Urquhart
APPENDIX 3
Proposal to refer a bill to a committee:
Name of bill:
Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017
Reasons for referral/principal issues for consideration:
To provide Senators with an opportunity for further consideration of the scope of the new tests in the Bill.
Possible submissions or evidence from:
Registered Organisations, other employee or employer groups, academics, peak bodies affected by the conduct of registered organisations.
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
01 September 2017
Senator Mitch Fifield
APPENDIX 4
Proposal to refer a bill to a committee:
Name of bill:
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
Tuesday 17 October 2017
Senator Anne Urquhart
APPENDIX 5
Proposal to refer a bill to a committee:
Name of bill:
Migration and Other Legislation Amendment (Enhanced Integrity) Bill 2017
Reasons for referral/principal issues for consideration:
This bill makes significant changes to migration, Visa and work arrangements for overseas workers in Australia.:
Possible submissions or evidence from:
Australian Council of Trade Unions
Individual unions across a range of industries
Employer groups including the National Farmers Federation and Australian Industry Group
Migration Institute of Australia
Law Council of Australia
The Salvation Army
Justice and International Mission Unit, Uniting Church in Australia
JobWatch Inc.
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
19 October 2017
Senator Rachel Siewert
APPENDIX 6
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation Amendment (Cashless Debit Card) Bill 2017
Reasons for referral/principal issues for consideration:
To allow for proper scrutiny of the Bill and consultation with the communities involved
Possible submissions or evidence from:
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
13 November 2017
Senator Anne Urquhart
APPENDIX 7
Proposal to refer a bill to a committee:
Name of bill:
Social Services Legislation Amendment (Cashless Debit Card) Bill 2017
Reasons for referral/principal issues for consideration:
Impacts of the bill on recipients
Possible submissions or evidence from:
ACOSS, National Congress of Australia's First Peoples, Professor Jon Altman, Australian Human Rights Commission, National Social Security Rights Network
Committee to which bill is to be referred:
Possible hearing date(s):
Possible reporting date:
17 October 2017
Senator Rachel Siewert
That the report be adopted.
At the end of the motion, add "and in respect of:
(a) the Medicare Levy Amendment (National Disability Insurance Scheme Funding) Bill 2017 and 10 related bills, the bills be referred to the Economics Legislation Committee for inquiry and report by 16 October 2017; and
(b) the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017, the Education and Employment Legislation Committee report by 9 October 2017".
At the end of the motion, add "and in respect of Social Services Legislation Amendment (Cashless Debit Card) Bill 2017, the Community Affairs Legislation Committee report by 13 November 2017".
"13 November 2017", substitute "16 October 2017".
The Senate divided. [12:04]
(The Deputy President—Senator Lines)
That—
(a) the following government business orders of the day be considered from 12.45 pm today:
No. 5 Treasury Laws Amendment (2017 Measures No. 4) Bill 2017
No. 6 Public Governance and Resources Legislation Amendment Bill (No. 1) 2017
Education and Training Legislation Repeal Bill 2017
Statute Update (Winter 2017) Bill 2017; and
(b) government business be called on after consideration of the bills listed in paragraph (a) and considered till not later than 2 pm today.
That the order of general business for consideration today be as follows:
(a) general business order of the day no. 43 (Communications Legislation Amendment (Executive Remuneration) Bill 2017);
(b) general business notice of motion no. 417 standing in the name of the Leader of Pauline Hanson's One Nation (Senator Hanson) relating to violent extremism; and
(c) orders of the day relating to documents.
That leave of absence be granted to Senator Payne for today, for personal reasons.
That the Legal and Constitutional Affairs Legislation Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate today.
That the following matter be referred to the Environment and Communications References Committee for inquiry and report by 29 November 2017:
The waste and recycling industry in Australia, with particular reference to:
(a) the quantity of solid waste generated and the rate of diversion of solid waste for recycling;
(b) the accreditation and management of landfills;
(c) the extent of illegal landfilling;
(d) the role of landfill levies in determining the end destination of material, including the hypothecation of collected levies for enforcement and waste diversion purposes;
(e) the role of different incentives and collection methods in determining the quality and quantity of material collected for recycling;
(f) the destination of material collected for recycling, including the extent of material reprocessing and the stockpiling of collected material;
(g) the current economic conditions in the industry, including the market for material collected for recycling;
(h) the transportation of solid waste across state boundaries;
(i) the role of the Australian Government in providing a coherent, efficient and environmentally responsible approach to solid waste management, including by facilitating a federal approach; and
(j) any other related matters.
That the following matter be referred to the Community Affairs References Committee for inquiry and report by 5 December 2017:
The availability and accessibility of diagnostic imaging equipment around Australia, with particular reference to:
(a) geographic and other disparities in access to diagnostic imaging equipment;
(b) arrangements for Commonwealth subsidy of diagnostic imaging equipment and services;
(c) out-of-pocket costs for services that are not subsidised by the Commonwealth and the impact of these on patients; and
(d) the respective roles of the Commonwealth, states and other funders in ensuring access to diagnostic imaging services.
(1) That a select committee, to be known as the Select Committee into the Political Influence of Donations, be established to inquire into and report, on 15 November 2017, on the following matters:
(a) the level of influence that political donations exert over the public policy decisions of political parties, Members of Parliament and Government administration;
(b) the motivations and reasons why entities give donations to political parties and political candidates;
(c) the use of shell companies, trusts and other vehicles to obscure the original source of political donations;
(d) how to improve the integrity of political decision-making through our political donations regime and the public funding of elections;
(e) any other related matters
(2) That the committee consist of seven senators, two nominated by the Leader of the Government in the Senate, two nominated by the Leader of the Opposition in the Senate, one nominated by the Leader of the Australian Greens and two nominated by minority groups and independent senators.
(3) That:
(a) participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, the Leader of the Australian Greens or any minority party or independent senator;
(b) participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee.
(4) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(5) That the committee elect as chair a member nominated by the Leader of the Australian Greens and, as deputy chair, a member nominated by the Leader of the Opposition.
(6) That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.
(7) That the chair, or the deputy chair when acting as chair, may appoint another member of the committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.
(8) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(9) That the committee, and any subcommittee, have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings, the evidence taken and such interim recommendations as it may deem fit.
(10) That the committee have power to appoint subcommittees consisting of three or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(11) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.
(12) That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
The Senate divided. [12:19]
(The Deputy President—Senator Lines)
(1) That the Senate notes that the Prime Minister has written to the Opposition Leader to express concerns that there may be more senators, and members of the House of Representatives, who are ineligible under Section 44 of the Constitution.
(2) That the following matters be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 14 September 2017:
(a) the eligibility of senators in the 45th Parliament under Section 44 of the Constitution in so far as it relates to being 'a subject or a citizen or entitled to the rights or privileges of a subject or a citizen of a foreign power';
(b) the legal liability of senators who know, or have grounds to suspect, that they are ineligible for office but do not come forward with that information, and whether they are defrauding the Commonwealth; and
(c) any other related matters.
(3) For the purposes of carrying out the inquiry, the committee must, as soon as practicable, with the approval of the President, appoint an independent auditor, or auditors, with expertise in migration, citizenship and constitutional law to assist the committee.
(4) The independent auditor or auditors will be able to request the committee to use its powers to order the production of documents from senators and order them to appear as witnesses and answer questions.
(5) On behalf of the committee, the independent auditor or auditors may present to representatives of foreign governments in Australia and seek information.
That the Senate—
(a) notes that:
(i) the Foreign Minister has denied Witness K, a former public servant and Australian citizen, an Australian passport,
(ii) the denial was made on the advice of the Australian Security Intelligence Service (ASIS), a competent authority for the purpose of the Australian Passports Act 2005 ,
(iii) denying an Australian citizen a passport is a serious restriction of liberty, and must not be done lightly,
(iv) during Budget estimates, questions were put to the Attorney-General (representing the Foreign Minister) as to the appropriateness of ASIS being relied upon as a competent authority in the circumstances of the case – the Attorney-General took the question on notice,
(v) after consideration, the Government has advised that the questions put to the Attorney-General are properly questions for ASIS,
(vi) although there is no constraint prohibiting ASIS from appearing at estimates hearings, they do not normally do so, and
(vii) the Foreign Affairs, Defence and Trade Legislation Committee has declined to invite ASIS to appear at the October 2017 supplementary Budget estimates hearings; and
(b) orders that the Australian Security Intelligence Service appear before the Foreign Affairs, Defence and Trade Legislation Committee at the October 2017 supplementary Budget estimates hearings.
The Senate divided. [12:27]
(The Deputy President—Senator Lines)
That the Senate—
(a) notes:
(i) concerning reports that over two dozen members of the Australian Defence Force (ADF) will take part in the annual Ulchi-Freedom Guardian war games alongside American and South Korean troops later this month,
(ii) that the war games will take place against a backdrop of escalating tensions between the United States and North Korea, and a heightened risk of miscalculation leading to war,
(iii) that North Korea routinely denounces the war games as preparation for an invasion, and in 2016 conducted a nuclear test following the exercises, and
(iv) that the participation of ADF personnel in the Ulchi-Freedom Guardian war games will insert Australia into a potentially very dangerous conflict between unpredictable nuclear states; and
(b) calls on the Government to:
(i) immediately withdraw Australian participation in the Ulchi-Freedom Guardian war games, and
(ii) directly urge United States President, Donald Trump, to de-escalate tensions, rather than continue to ratchet them up.
That the Senate—
(a) condemns the move by the City of Yarra Council to change the way it marks Australia Day;
(b) endorses the remarks by the Prime Minister that this attack on Australia Day by the City of Yarra is a repudiation of the values of 'freedom, a fair go, mateship and diversity';
(c) stands resolute in its view that Australia Day is a day that all Australians come together as a nation, to celebrate the values that make Australia great and that make people proud of Australian citizenship;
(d) notes that all Australian states and territories have celebrated Australia Day on 26 January since 1935; and
(e) calls on the Australian Government to strip the City of Yarra Council of its authorisation to conduct citizenship ceremonies.
The Senate divided. [12:45]
(The Deputy President—Senator Lines)
Treasury Laws Amendment (2017 Measures No. 4) Bill 2017
That this bill be now read a third time.
Public Governance and Resources Legislation Amendment Bill (No. 1) 2017
There would be benefit in … making the aggregate level of transparency for key management … remuneration in the public sector consistent with that required for listed entities.
That this bill be now read a third time.
Education and Training Legislation Repeal Bill 2017
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Education and Training Legislation Repeal Bill 2017 continues the Australian Government's effort to tidy up the Commonwealth's statute book with the repeal of four spent and redundant Commonwealth Acts within the Education and Training portfolio.
The four Acts being repealed are:
The Australian Research Council (or ARC) invests in excellent fundamental and applied research that helps improve the quality of people's lives, supports Australian industries and businesses and ensures our nation remains at the cutting edge of research, innovation and global competitiveness.
However, the Australian Research Council (Consequential and Transitional Provisions) Act 2001 , which the Bill repeals, is no longer relevant to the ARC because its primary legislative purpose is obsolete and non-operational.
The Government's investment through the ARC is significant in a wide variety of fundamental and applied research projects, growing Australia's research capacity and infrastructure.
On the 5 June 2017, the Government announced 120 new research projects across Australia with $170.6 million to tackle problems from fire safety to the country's ageing population, literacy and numeracy levels in school kids and coral reef conservation.
The Australian Technical Colleges (Flexibility in Achieving Australia ' s Skills Needs) Act 2005 established Australian Technical Colleges to enable Year 11 and 12 students to undertake a School-based New Apprenticeship and to undertake academic studies leading to successful completion of the Year 12 Certificate which would complement their trade training.
By the end of 2009, these colleges had been integrated into the broader education and training system of jurisdictions and the Act is now redundant.
The Skilling Australia ' s Workforce Act 2005 governed financial grants to the states and territories to support the national training system for the years from 2005 to 2008.
As a vehicle for payments it has been superseded. Since 2009, payments have been made under the Federal Financial Relations Act 2009 via the National Agreements for Skills and Workforce Development.
The Bill also repeals the Skilling Australia ' s Workforce (Repeal and Transitional Provisions) Act 2005 which effected the winding up of the Australian National Training Authority and the transfer of its functions to the then Department of Education, Science and Training more than a decade ago.
Each of the Acts being repealed has served its purpose and is now obsolete. Users of Commonwealth legislation should not have to sift through outdated, unnecessary regulations to determine whether they still apply.
Allowing spent and redundant acts or provisions to remain in force on the Commonwealth's statute book only makes it harder for businesses, community organisations, and individuals to find the regulations that are current and that matter to them.
Proper housekeeping is part of every government's responsibility to ensure that the legislation on the statute book continues to remain 'fit for purpose'.
Bills like this demonstrate this Government's continuing commitment to make steady and consistent progress to reduce red tape by repealing redundant and unnecessary legislation that has outlived its purpose.
I commend the Bill.
That this bill be now read a third time.
Statute Update (Winter 2017) Bill 2017
That this bill may proceed without formalities and be now read a first time.
That this bill be now read a second time.
The Statute Update (Winter 2017) Bill 2017 makes minor and technical changes to the Commonwealth statute book to improve its quality and accuracy.
The process of correcting the statute book and repealing spent provisions and Acts has been undertaken regularly since 1934.
John Latham, Member for Kooyong and Attorney-General at the time (and later to become Chief Justice of the High Court) had this to say about the introduction of the first of these types of Bill in 1934:
There is an obligation resting upon the Government of the Commonwealth, and upon this Parliament, to present the statute law of the Commonwealth in a convenient, accessible and readily intelligible form.
These update Bills are an essential tool in the process of keeping an orderly, accurate and up-to-date Commonwealth statute book.
The main purposes of these Bills are to:
This Bill contains four schedules.
Schedule 1 corrects errors in 17 principal Acts and makes minor technical improvements to clarify the text of the law.
Schedule 2 amends six Acts where cross-references were not updated after changes were made by the Acts and Instruments (Framework Reform) Act 2015 to rename theLegislative Instruments Act 2003 as theLegislation Act 2003 and renumber some provisions of that Act.
Schedule 3 to the Bill repeals 19 spent and obsolete provisions of Acts.
Schedule 4 repeals four redundant Acts.
These amendments enhance readability, facilitate interpretation and administration, and promote consistency across the Commonwealth statute book.
That this bill be now read a third time.
That so much of the standing orders be suspended as would prevent Senator McKim moving a motion relating to the Government's failure to provide a response to an order for production of documents concerning the Member for New England.
Nor is it the practice or has it been the practice over the years for any government to make available legal advice from its legal advisers made in the course of the normal decision making process of government, for good practical reasons associated with good government and also as a matter of fundamental principle.
To the extent that we are now going to go to the content of the advice, can I say that it has been a longstanding practice of both this government and successive governments not to disclose the content of advice.
(3) A senator shall not use offensive words against either House of Parliament or of a House of a state or territory parliament, or any member of such House, or against a judicial officer, and all imputations of improper motives and all personal reflections on those Houses, members or officers shall be considered highly disorderly.
The Senate divided. [13:50]
(The Acting Deputy President—Senator Marshall)
Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017
(1) Schedule 1, page 5 (after line 6), after item 12, insert:
12A At the end of subsection 550(1)
Add:
Note: If a person (the involved person ) is taken under this subsection to have contravened a civil remedy provision, the involved person's contravention may be a serious contravention (see subsection 557A(5A)). Serious contraventions attract higher maximum penalties (see subsection 539(2)).
(2) Schedule 1, item 13, page 6 (lines 2 to 9), omit subsection 557A(1), substitute:
(1) A contravention of a civil remedy provision by a person is a serious contravention if:
(a) the person knowingly contravened the provision; and
(b) the person's conduct constituting the contravention was part of a systematic pattern of conduct relating to one or more other persons.
Note: For the liability of bodies corporate for serious contraventions, see section 557B.
Example: Generally, subsection 323(1) requires an employer to pay an employee the full amount payable to the employee in relation to the performance of work.
A contravention of subsection 323(1) is a serious contravention if the employer knowingly does not pay the employee in full (even if the employer does not know the exact amount of the underpayment) and that contravention is part of a systematic pattern of conduct by the employer. The systematic pattern of conduct of the employer may relate to more than one employee and may consist of different contraventions.
Systematic pattern of conduct
(3) Schedule 1, item 13, page 6 (after line 18), after paragraph 557A(2)(c), insert:
(ca) the person's response, or failure to respond, to any complaints made about the relevant contraventions; and
(4) Schedule 1, item 13, page 6 (after line 36), after subsection 557A(5), insert:
Involvement in a serious contravention
(5A) A person (the involved person ) who is involved in a contravention of a civil remedy provision by another person (theprincipal ) commits aserious contravention of the provision only if:
(a) the principal's contravention was a serious contravention; and
(b) the involved person knew that the principal's contravention was a serious contravention.
Application for a serious contravention order and alternative orders
(5) Schedule 1, item 13, page 7 (lines 14 to 17), omit subsection 557B(1), substitute:
(1) For the purposes of subsection 557A(1), a body corporate knowingly contravenes a civil remedy provision if the body corporate expressly, tacitly or impliedly authorised the contravention.
… let's not think that there's cheap new coal, there's not.
Treasurer … Morrison says the era of cheap, coal-fired power is coming to an end …
The coalition position is crystal clear: we back coal.
I'd whack off quite a bit of money off it—hundreds of millions if I possibly could—but I'm going to wait next year til the budget and I'll talk to the Treasurer about that.
That the Senate take note of the answers given by the Minister for Indigenous Affairs (Senator Scullion) and the Attorney-General (Senator Brandis) to questions without notice asked by Senators McAllister and Dastyari today relating to coal-fired power and to the Report to Congress on International Religious Freedom released by the United States of America Department of State.
It is always regrettable that women, especially Muslim women, are criticised or attacked for what they choose to wear. We are a free society and it is not the business of government to tell people what they should and should not wear.
That the Senate take note of the answer given by the Attorney-General (Senator Brandis) to a question without notice asked by Senator Di Natale today relating to multiculturalism.
That the Senate records its deep sorrow at the death, on 15 August 2017, of the Honourable Brian Francis Gibson, AM, places on record its gratitude and admiration for his service to the Parliament and the nation, and tenders its profound sympathy to his family in their bereavement.
But in relation to Brian Gibson, I do want to say something quite genuinely. Brian Gibson was one of the best chairs of a parliamentary committee I have seen. He was a very good chair of an estimates committee basically because he understood politics—that was the difference. It was really crucial.
That the Senate records its sincere condolences at the deaths, on 21 July 2017 of Mr Kunmanara Lester OAM, and on 25 July 2017 of Dr G Yunupingu, places on record its gratitude and admiration for their service to the nation, and tenders its profound sympathy to their family and community in their bereavement.
He left us without knowing his place in this nation, without knowing true unity for all Australians.
We owe him a great debt because he faced adversity with understated courage, with humility, with humour, with great strength.
In a world without nuclear threats and risks Mr Lester would have been a great stockman. In a world with nuclear threats and risks he would crack his whip loud, hard, sharp and constant to sound a different alarm.
That the Senate take note of the document.
Communications Legislation Amendment (Executive Remuneration) Bill 2017
The Managing Director holds office on such terms and conditions (including terms and conditions relating to remuneration and allowances) in relation to matters not provided for by this Act as are determined by the Board.
Given that the company has been established with the view to taking on private owners within the next few years, we do not propose to have the position of Chief Executive Officer (CEO) of the company designated as a Principal Executive Officer, or to seek a Remuneration Tribunal determination in relation to the role.
That the Senate—
(a) notes that:
(i) violent extremism in Australia is perpetrated or inspired by terrorist groups that claim to act in the name of Islam,
(ii) the Islamic State of Iraq and the Levant (ISIL) and similar groups exert influence through a violent ideology, persuasive propaganda and the grooming of young people which has produced significant numbers of radicalised Australian Muslims, and
(iii) the so-called 'lone actor terrorists' are in fact part of a wider group of radicalised communities within Australian Muslim enclaves in Australia; and
(b) calls on the Government to ban full face coverings in public places on the grounds of social cohesion, the need to identify people seeking community support and for public safety.
It was the Aboriginals. Then the Asians. Then the Muslims. The story is always the same, it's just the characters that change based on who's most unpopular at the time. It's good for winning a few votes but it's a disaster for Australia and its relationships with its trading partners.
The One Nation of today is a very different beast to what it was 20 years ago—they are a lot more sophisticated, they have clearly resonated with a lot of people.
Our job is to treat them as any other party. That doesn't mean we have to agree with their policies.
I recruited a lot of patriots who come from backgrounds as body builders, ex-martial arts, one of our guys is an ex-cage fighter and we said we are going to get them on the front line.
That the Senate take note of the report.
That the Senate take note of the report.
Additional estimates 2015-16—Legal and Constitutional Affairs Legislation Committee—Additional information received between 16 February and 16 August 2017—Attorney-General’s portfolio.
Budget estimates 2016-17—Legal and Constitutional Affairs Legislation Committee—Additional information received between 16 February and 16 August 2017—Attorney-General’s portfolio.
Budget estimates 2016-17 (Supplementary)—Legal and Constitutional Affairs Legislation Committee—Additional information received between 16 February and 16 August 2017—
Attorney-General’s portfolio.
Immigration and Border Protection portfolio.
Additional estimates 2016-17—Legal and Constitutional Affairs Legislation Committee—Additional information received between 3 May and 16 August 2017—
Attorney-General’s portfolio.
Immigration and Border Protection portfolio.
Budget estimates 2017-18—
Finance and Public Administration Legislation Committee—Additional information received between 21 June and 16 August 2017—
Finance portfolio.
Indigenous matters across portfolios.
Parliamentary departments.
Prime Minister and Cabinet portfolio.
Foreign Affairs, Defence and Trade Legislation Committee—Additional information received between 15 June and 15 August 2017—
Defence portfolio.
Foreign Affairs and Trade portfolio.
Legal and Constitutional Affairs Legislation Committee—Additional information received between 20 June and 16 August 2017—
Attorney-General’s portfolio.
Immigration and Border Protection portfolio.
That senators be discharged from and appointed to committees as follows:
Community Affairs Legislation and References Committees—
Discharged—Senator Reynolds
Appointed—Senator Brockman
Participating member: Senator Reynolds
Economics Legislation and References Committees—
Appointed—Participating member: Senator Brockman
Education and Employment Legislation Committee—
Discharged—Senator McKenzie
Appointed—Senator Reynolds
Substitute member: Senator Rhiannon to replace Senator Hanson-Young for the committee's inquiry into the provisions of the Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017
Participating members: Senators Brockman, Hanson-Young and McKenzie
Education and Employment References Committee—
Discharged—Senator McKenzie
Appointed—Senator Reynolds
Participating members: Senators Brockman and McKenzie
Electoral Matters—Joint Standing Committee—
Appointed—Participating member: Senator Brockman [for the purposes of the inquiry into the 2016 election]
Environment and Communications Legislation and References Committees—
Appointed—Participating member: Senator Brockman
Finance and Public Administration Legislation and References Committees—
Appointed—Participating member: Senator Brockman
Foreign Affairs, Defence and Trade Legislation and References Committees—
Appointed—Participating member: Senator Brockman
Funding for Research into Cancers with Low Survival Rates—Select Committee—
Appointed—Participating member: Senator Brockman
Future of Public Interest Journalism—Select Committee—
Appointed—Participating member: Senator Brockman
Government Procurement—Joint Select Committee—
Appointed—Participating member: Senator Brockman
Legal and Constitutional Affairs Legislation and References Committees—
Appointed—Participating member: Senator Brockman
Lending to Primary Production Customers—Select Committee—
Discharged—Senator Smith
Appointed—Senator Brockman
Participating member: Senator Smith
Migration—Joint Standing Committee—
Discharged—Senator Reynolds
Appointed—Senator Brockman
National Broadband Network—Joint Standing Committee—
Appointed—Participating member: Senator Brockman
National Disability Insurance Scheme—Joint Standing Committee—
Discharged—Senator Hume
Appointed—Senator Brockman
National Integrity Commission—Select Committee—
Appointed—Participating member: Senator Brockman
Parliamentary Library—Joint Standing Committee—
Discharged—Senator Williams
Appointed—Senator Brockman
Political Influence of Donations—Select Committee—
Appointed—Senator Di Natale
Participating members: Senators Hanson-Young, McKim, Rhiannon, Rice, Siewert and Whish-Wilson
Publications—Standing Committee—
Discharged—Senator Bushby
Appointed—Senator Brockman
Red Tape—Select Committee—
Discharged—Senator Smith
Appointed—Senator Brockman
Participating member: Senator Smith
Royal Commission into Institutional Responses to Child Sexual Abuse—Joint Select Committee—
Appointed—Participating member: Senator Brockman
Rural and Regional Affairs and Transport Legislation Committee—
Discharged—Senator Bushby
Appointed—Senator Brockman
Participating member: Senator Bushby
Rural and Regional Affairs and Transport References Committee—
Discharged—Senator Bushby
Appointed—Senator Brockman
Substitute members: Senator Gallacher to replace Senator McCarthy for the committee's inquiry into the Murray-Darling Basin
Senator Hanson-Young to replace Senator Rice for the committee's inquiry into the Murray-Darling Basin
Participating members: Senators Bushby, McCarthy and Rice
Strengthening Multiculturalism—Select Committee—
Appointed—Participating member: Senator Brockman
Treaties—Joint Standing Committee—
Discharged—Senator Bushby
Appointed—Senator Brockman
Australian Immunisation Register and Other Legislation Amendment Bill 2017
Customs Tariff Amendment (Incorporation of Proposal and Other Measures) Bill 2017
Education Legislation Amendment (Provider Integrity and Other Measures) Bill 2017
Fair Work Amendment (Corrupting Benefits) Bill 2017
Interactive Gambling Amendment Bill 2016
Safe Work Australia Amendment (Role and Functions) Bill 2017