The PRESIDENT (Senator the Hon. Stephen Parry) took the chair at 9:30, read prayers and made an acknowledgement of country.
Medicinal Cannabis Legislation Amendment (Securing Patient Access) Bill 2017
For example, Professor Wayne Hall, Director of the Centre for Youth Substance Abuse Research at the University of Queensland, expressed the view that the current research indicated medicinal cannabis is 'at best, modestly effective for some purposes (for example vomiting and nausea) and probably for others (for example chronic pain, depression, muscle spasm)'. Professor Hall stated:
'An informed policy towards the medical use of cannabinoids requires much better evidence than we currently have...we need clinical trials of the safety and efficacy of CBD and other cannabinoids in treating intractable epilepsy and chronic pain. Evidence from these trials is essential for rational decisions to be made about the medical use of cannabinoids.'
The Royal Australasian College of Physicians considered that 'while medicinal marijuana shows some potential for certain patients, further research is required to determine its efficacy and it should be subject to the same scrutiny as any other medicine'.
Painaustralia expressed the view that, for individuals with chronic non-cancer pain, there is little proven evidence for the effectiveness of cannabinoids in helping patients, and that it did not endorse the use of cannabinoids for this group of patients 'until such time as a clear therapeutic role for [cannabinoids] is identified in the scientific literature'.
… doctors are reluctant to prescribe medicinal cannabis. This is no different to any other new drug, new technology, new operation; we want to be assured of the safety, assured of the effectiveness.
… let's not forget, we're talking about cannabis, we're talking about a substance that, used in the form it's used by most people, is a major source of mental illness in our community. It's absolutely essential that we're assured that whatever's being brought into the country, whatever's being brought in for prescription is safe …
The Commonwealth is responsible for the implementation of international agreements that it enters into and generally has the power to make legislation to implement Australia's treaty obligations. Accordingly, the Commonwealth is responsible for ensuring that any Commonwealth, State or Territory medicinal cannabis scheme is consistent with Australia's treaty obligations under the three drug control conventions …
… patients who are seriously ill with a condition from which death is reasonably likely to occur within a matter of months, or from which premature death is reasonably likely to occur in the absence of early treatment.
On the first anniversary of Australian medicinal Cannabis legislation which was supposed to be the "missing link" for Australian patients (according to the previous Health Minister Sussan Ley), I want to shout from the rooftops that nothing could be further from the truth. In fact, although it pains me to say it, it is coming very close to being an outright lie.
Off the back of strong public support for patients like my son Dan who sought relief from serious disease and symptoms with medicinal Cannabis, the Government rode the wave of popular opinion, made all the right sympathetic noises, and passed legislation to allow for the cultivation, manufacture, and research into Cannabis for therapeutic purposes.
That sounds wonderful and I used to feel very proud that Dan's courage to speak out had some impact for the welfare of other patients. I thought it a beautiful tribute that the Legislation was passed on the first anniversary of his death.
People often say to me you must be very pleased with how things have progressed ... so let me honestly answer that right now:
Patients are still criminals. This includes the terminally ill and children with intractable epilepsy.
Patients are still reliant on the black market and will be for a long while yet. They are still taking medicine procured from illicit sources which is like playing the lottery ... the medicine could be contaminated, each batch is likely to contain different cannabinoids, there is no certainty that there will be continuity of supply, there is no appropriate supervision by health professionals, there is no practical and viable alternative.
The black market is thriving; in fact, compassionate suppliers cannot meet demand. This is compounded by police raids which seize the medicine destined for patients who are reliant upon it. What happens when a child whose epilepsy is controlled by illicit Cannabis cannot access their next supply because police have confiscated it? Who will take responsibility for that?
The score card for the Government is looking very sad. In fact, I would say that on all aspects I give them a fail.
Now I can immediately hear the gatekeepers and authors of the regulations jumping up and down and saying "but there is a pathway for patients to lawfully access medicinal Cannabis." I agree in theory, but the problem is in putting it into practice.
The Special Access Scheme (SAS) provides that pathway. Let me explain very briefly as the process is so convoluted that word limits make full explanation an impossible task in this context.
To begin the process the very sick patient needs to find a doctor who is happy to prescribe Cannabis and who has the time to firstly undertake the arduous time consuming process to become an "Authorised Prescriber". This involves applications to State and Federal agencies. Once approved the doctor must then demonstrate to a committee the evidence for the patient's illness. (A little difficult after decades of blanket prohibition making research illegal).
The very sick patient then needs to find the product overseas (bearing in mind these products are not allowed to be advertised). Once found, the patient must negotiate a price and apply to the TGA to have it approved and they must also apply for Federal and State permits to have it imported. The patient bears the full cost plus the doctor's costs.
If they are successful in getting "Special Access" the approval only lasts three months and they are only allowed three months' supply. Think on this for a while ... A sick person must apply repeatedly placing an enormous burden on someone who is already battling illness and possibly even dying. This was the reality for a young Queensland patient with a brain tumour who took nineteen months to navigate the SAS. He is now several months into his second application and supplies are exhausted.
So, on the topic of patient access I would definitely give the Federal Government a huge fail!
And let's not forget, we're talking about cannabis, we're talking about a substance that, used in the form it's used by most people, is a major source of mental illness in our community. It's absolutely essential that we're assured that whatever's being brought into the country, whatever's being brought in for prescription is safe…
…we're satisfied with the process being put in chain by Minister Hunt and the Government using the Therapeutic Goods Administration, using appropriate care and diligence that is used for all other therapeutic products.
… … …
The Australian community would be outraged if prescription medication was rushed in, if someone said that it was okay to use. The Australian people would be outraged if new operations got brought in or, for that matter, new foodstuffs were brought in without appropriate care and safety.
… patients who are seriously ill with a condition from which death is reasonably likely to occur within a matter of months, or from which premature death is reasonably likely to occur in the absence of early treatment.
That the question now be put.
That this bill be now read a third time.
Environment and Infrastructure Legislation Amendment (Stop Adani) Bill 2017
That the question now be put.
The Senate divided. [11:42]
(The Deputy President—Senator Lines)
SELECTION OF BILLS COMMITTEE
REPORT NO. 12 OF 2017
1. The committee met in private session on Wednesday, 18 October 2017 at 7.17 pm.
2. The committee recommends that—
(a) the provisions of the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017 bereferred immediately to the Rural and Regional Affairs and Transport Legislation Committee but was unable to reach agreement on a reporting date (see appendix 1 for a statement of reasons for referral);
(b) the provisions of the Social Services Legislation Amendment (Housing Affordability) Bill 2017 bereferred immediately to the Community Affairs Legislation Committee for inquiry and report by 27 November 2017 (see appendix 2 for a statement of reasons for referral); and
(c) contingent upon introduction in the House of Representatives, the provisions of the Treasury Laws Amendment (Banking Executive Accountability and Related Measures) Bill 2017 be referred immediately to the Economics Legislation Committee for inquiry and report by 24 November 2017 (see appendix 3 for a statement of reasons for referral).
3. The committee recommends that the following bills not be referred to committees:
Customs Tariff Amendment (Singapore-Australia Free Trade Agreement Amendment Implementation) Bill 2017
4. The committee deferred consideration of the following bills to its next meeting:
5. The committee considered the following bill but was unable to reach agreement:
(David Bushby) Chair
19 October 2017
APPENDIX 1
Proposal to refer a bill to a committee
Name of bill:
Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017
Reasons for referral/principal issues for consideration:
Possible submissions or evidence from:
Committee to which bill is to be referred:
Senate Rural Regional Affairs and Transport Legislation Committee
Possible hearing date(s):
To be determined by the Committee.
Possible reporting date:
9 February 2018.
APPENDIX 2
Proposal to refer a bill to a committee
Name of bill:
Social Services Legislation Amendment (Housing Affordability) Bill 2017
Reasons for referral/principal issues for consideration:
The Bill requires further scrutiny
Possible submissions or evidence from:
National Shelter, State and Territory Tenants' Unions, ACOSS, State and Territory housing authorities, National Affordable Housing Providers Inc., Community Housing Industry Association, PowerHousing, Department of Social Services.
Committee to which bill is to be referred:
Senate Community Affairs Legislation Committee
Possible hearing date(s):
To be determined by the committee
Possible reporting date:
27 November 2017
Proposal to refer a bill to a committee
Name of bill:
Social Services Legislation Amendment (Housing Affordability) Bill 2017
Reasons for referral/principal issues for consideration:
Effect on income support recipients
Possible submissions or evidence from:
ACOSS, National Social Security Rights Network, National Shelter, Anglicare Australia, UnitingCare Australia, Catholic Social Services
Committee to which bill is to be referred:
Committee Affairs Legislation Committee
Possible hearing date(s):
Possible reporting date:
Feb 2018
APPENDIX 3
Proposal to refer a bill to a committee
Name of bill:
Treasury Laws Amendment (Banking Executive Accountability and Related Measures) 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):
To be determined by the committee
Possible reporting date:
24 November 2017
That the report be adopted.
At the end of the motion, add "and, in respect of the Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017, the provisions of the bill be referred to the Education and Employment Legislation Committee for inquiry and report by 10 November 2017".
At the end of the motion, add:
(1) but, in respect of the provisions of the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017, the Rural and Regional Affairs and Transport Legislation Committee report by 4 December 2017;
(2) and, in respect of the provisions of Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017, the provisions be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 12 February 2018.
The Senate divided. [12:01]
(The Deputy President—Senator Lines)
That the Coastal Trading (Revitalising Australian Shipping) Amendment Bill 2017 be referred to the Rural and Regional Affairs and Transport Legislation Committee for inquiry and report by 4 December 2017.
That:
(a) government business orders of the day as shown on today’s order of business be considered from 12.45 pm today; 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 notice of motion no. 513 standing in the name of Senator Hanson relating to immigration; and
(b) orders of the day relating to documents.
That business of the Senate notice of motion No., 1 standing in my name and the names of senators Xenophon and Lambie for today, referring a matter to the Economics References Committee, be postponed to the next day of sitting.
Bankruptcy Amendment (Enterprise Incentives) Bill 2017
That this bill be now read a second time.
This Bill amends the Bankruptcy Act 1966 to improve Australia's personal insolvency regime.
It will reduce the default period of bankruptcy from three years to one year but will preserve a trustee's ability to extend the period of bankruptcy in cases of misconduct.
Our current personal insolvency laws put too much focus on stigmatising and penalising failure. As part of the National Innovation and Science Agenda, this reform aims to promote entrepreneurship and innovation and to reduce the stigma associated with bankruptcy.
This reform is designed to foster entrepreneurial activity by reducing the negative effects that harsh bankruptcy laws may have on prospective entrepreneurs. Further, a reduced bankruptcy term will decrease stigma associated with entering into bankruptcy by recognising the importance of giving bankrupts a 'fresh start'. This will encourage entrepreneurs to re-engage in business sooner and encourage people, who have previously been deterred by punitive bankruptcy laws, to pursue their own business ventures.
The amendments in Part 1 of this Bill will mean that current restrictions associated with bankruptcy will automatically reduce from three years to one year so that upon discharge a former bankrupt may:
One year is sufficient time for the administration of the vast majority of bankruptcies. Currently, where more time is required, a trustee can continue to administer a bankruptcy after discharge. This may occur for various reasons, including: ongoing investigations, assets to be realised, outstanding income contributions, and incomplete distribution of funds. This safeguard will continue to operate to ensure trustees can properly administer a bankruptcy even after a bankrupt's one year discharge.
Currently bankrupts are obligated to pay income contributions until discharge where their income exceeds the prescribed threshold. Part 1 of the Bill contains measures that extend income contribution obligations for discharged bankrupts for a minimum period of two years following discharge or, in the event that a bankruptcy is extended due to non-compliance, for
five to eight years. This will ensure high income earners do not abuse bankruptcy laws by reducing their income for a year, hiding their assets and incurring excessive debt.
The amendments in Part 2 of this Bill relate to the application and transitional arrangements. Commencement of these new provisions will occur six months after Royal Assent to allow trustees, debtors and creditors time to adjust to the new laws. It will give trustees time to object to discharge in cases of misconduct.
On the commencement of this reform all bankruptcies, including those on foot, will be discharged if they are over a year old unless they are subject to an objection. This will remove any incentives for individuals to delay petitioning for bankruptcy as all bankruptcies filed after Royal Assent will only run for one year.
Broadly, this reform encourages Australians to take reasonable educated risks, to leave behind the fear of failure and be more innovative and ambitious.
Owners of small businesses in Australia often need to secure business loans with their personal assets or provide personal guarantees. This blurs the distinction between personal and business liability, but it is the reality for many Australians
contemplating starting or building a business or any enterprise. The current bankruptcy regime deters entrepreneurs from taking risk for fear of failure where the consequences include being locked out of one's profession, being barred from overseas travel, or identifying as a bankrupt for a period of three years. The 2015 Productivity Commission Report on Business Set-Up, Transfer and Closure also suggests that more forgiving personal bankruptcy laws encourage entrepreneurial activity. Reducing the default period of bankruptcy to one year supports this.
More often than not, entrepreneurs will fail several times before they experience success and will generally learn valuable lessons during the process. Helping these entrepreneurs to succeed requires a cultural shift. We need to provide the opportunity for a fresh start as soon as possible.
Reducing the default period of bankruptcy to one year will decrease the stigma of failure and encourage a culture of entrepreneurship and innovation.
That the Senate—
(a) congratulates Ms Tanya Dupagne on being the national winner of the 2017 AgriFutures Rural Woman's Award for her tireless work and leadership in establishing Camp Kulin in regional Western Australia;
(b) acknowledges the work Camp Kulin undertakes in helping children, teenagers and young people, particularly supporting children who have experienced trauma and equipping them with invaluable life skills;
(c) recognises Camp Kulin's contribution to much-needed support services in regional and rural Western Australia, and its significant role in educating and empowering children, teenagers and young people in the community; and
(d) acknowledges Ms Dupagne's commitment to expand her program to support women in the bush.
That the Senate—
(a) notes:
(i) that 1 November 2017 will mark the 3rd anniversary of the opening of the National Anzac Centre in Albany by the then Prime Ministers of Australia and New Zealand,
(ii) that the National Anzac Centre has recently welcomed its 200 000th visitor since its opening in 2014, and has again been recognised as one of the top museums in Australia in the 2017 TripAdvisor Traveller's Choice Awards for Museums, and
(iii) the significance of the visit to the National Anzac Centre by His Royal Highness the Prince of Wales and the Duchess of Cornwall in 2015; and
(b) acknowledges:
(i) that the National Anzac Centre, which looks over King George Sound – the final departure point for the first Anzac troops – has become one of the most significant pilgrimage destinations for both Australians and New Zealanders, and
(ii) the significant role the National Anzac Centre continues to play in preserving the Anzac story.
That the Senate—
(a) notes that, on 30 August 2017, an agreement regarding the legal status of maritime boundaries in the Timor Sea was concluded between Australia and Timor-Leste;
(b) acknowledges that this agreement was reached through good faith negotiations following Timor-Leste's invocation of the compulsory conciliation procedures in the United Nations Convention on the Law of the Sea (UNCLOS);
(c) further acknowledges:
(i) the significance of Australia's ongoing relationship with Timor-Leste,
(ii) the capacity for that relationship to contribute positively to regional prosperity and stability, and
(iii) the potential for this agreement to resolve more than 40 years of tension and uncertainty between Australia and Timor-Leste, serving as a catalyst for a new era of collaboration and cooperation;
(d) recognises and affirms:
(i) the importance of a rules-based international order to the maintenance of international peace and security,
(ii) the capacity for instruments, such as UNCLOS, to contribute to the preservation of that order, by facilitating peaceful resolutions to disputes between states, and
(iii) the necessity of cooperative state engagement with the procedures of international law to that law's successful operation; and
(e) calls upon the Government to adhere to and implement in good faith the terms of this agreement.
That the Senate—
(a) remains concerned that conflict in Myanmar's Rakhine State between minorities, including Rohingya Muslims, and armed forces since 25 August 2017 has:
(i) caused the death and suffering of many people, almost all of them minorities in Rakhine State,
(ii) forced possibly more than 536 000 members of minorities in Rakhine State to flee to Bangladesh since 25 August 2017, approximately 94 per cent of whom are Rohingya Muslims, and
(iii) completely prevented access to United Nations (UN) and Non-Government Organisation (NGO) aid agencies to the delivery of crucial supplies of food, water and medicine to the region;
(b) notes:
(i) that many of Rakhine State's 1.1 million Rohingya and other minorities live in tented camps and rely on UN and NGO aid for survival,
(ii) the deeply concerning details listed in the UN Secretary-General's remarks to the UN Security Council on 28 September 2017, including that 176 out of 471 Rohingya villages in Northern Rakhine have been totally abandoned, and
(iii) that more than half a million people from minorities in Rakhine State are already living in tented camps in Bangladesh, which itself is home to widespread poverty and inequality;
(c) echoes:
(i) the Minister for Foreign Affairs' (Ms Bishop) expressions of deep concern regarding the ongoing violence in Rakhine State and call for the protection of civilians, in accordance with international law and unfettered humanitarian access to affected areas,
(ii) the recommendations towards a peaceful, fair and prosperous future for the people of Rakhine, as detailed in the final report of the Advisory Commission on Rakhine State that was submitted to the Government of Myanmar on 23 August 2017, and
(iii) the UN Secretary-General's urging that all those who have fled to Bangladesh be able to exercise their right to a safe, voluntary, dignified and sustainable return to their homes; and
(d) urges:
(i) the Government of Myanmar to:
(A) recommit to the pursuit of peace and national reconciliation, and
(B) allow access to all parts of Rakhine State to allow for the provision of humanitarian aid,
(ii) the Minister for Foreign Affairs to do everything in her power to help alleviate the suffering in Rakhine State, and
(iii) the Turnbull Government to:
(A) consider pledging further funds to aid those affected by the violence in Rakhine State at the Donor Pledging Conference in Geneva on 23 October 2017, and
(B) maintain pressure on the Government of Myanmar, particularly the military and security forces to help improve the challenging human rights and humanitarian situation in Rakhine State.
That the Senate—
(a) notes that:
(i) this year, Veterans' Health Week 2017 will be held from 21 October 2017 to 29 October 2017, and the theme will be Physical Activity, and
(ii) the week is an opportunity for veterans, war widows, widowers, current and ex-Australian Defence Force members, their families and friends to improve and maintain their health and wellbeing;
(b) encourages veterans, their families, friends and the wider community to participate in the many interactive activities which have been organised across Australia;
(c) congratulates Australia's Invictus Games team's performance in Toronto achieving many personal bests in many of the events, including an all-Australian podium for the 50 metre women's freestyle, with a total 51 medal haul from this year's games;
(d) acknowledges that research published in the Medical Journal of Australia in 2017 recommends that integrated health care strategies for improving psychological and physical health, as well as controlling risk factors, could improve the quality of life and survival of sufferers;
(e) recognises that:
(i) in addition to significant psychological effects, Post-traumatic stress disorder (PTSD) is associated with considerable physical comorbidity,
(ii) veterans with PTSD are more likely to suffer from physical illness and chronic disease than the general population or veterans without PTSD, and
(iii) the overall health and wellbeing of veterans must continue to be a primary focus for the Government; and
(f) calls on the Government to implement the recommendations of the report of the Foreign Affairs, Defence and Trade References Committee, The constant battle: Suicide by veterans, tabled in the Senate on 15 August 2017.
(1) That a select committee, to be known as the Select Committee on the Future of Work and Workers, be established to inquire into and report on the impact of technological and other change on the future of work and workers in Australia, with particular reference to:
(a) the future earnings, job security, employment status and working patterns of Australians;
(b) the different impact of that change on Australians, particularly on regional Australians, depending on their demographic and geographic characteristics;
(c) the wider effects of that change on inequality, the economy, government and society;
(d) the adequacy of Australia's laws, including industrial relations laws and regulations, policies and institutions to prepare Australians for that change;
(e) international efforts to address that change; and
(f) any related matters.
(2) That the committee present its final report on or before the first sitting Thursday in June 2018.
(3) That the committee consist of six senators, as follows:
(a) two nominated by the Leader of the Government in the Senate;
(b) two nominated by the Leader of the Opposition in the Senate;
(c) one nominated by minor party and independent senators; and
(d) one nominated by the Leader of the Australian Greens; and
(4) 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 or any minority party or independent senator; and
(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.
(5) 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.
(6) That the committee elect as chair one of the members nominated by the Leader of the Opposition in the Senate, and as deputy chair the member nominated by minor party and independent senators.
(7) 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.
(8) That, in the event of an equality of voting, 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 and the evidence taken and such interim recommendations as it may deem fit.
(10) That the committee have power to appoint subcommittees consisting of 3 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 of the Senate.
(12) That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
That senators be discharged from and appointed to committees as follows:
Education and Employment References Committee—
Appointed—Substitute member: Senator Ketter to replace Senator Bilyk until 31 December 2017
Participating member: Senator Bilyk
Environment and Communications Legislation Committee—
Appointed—Substitute member: Senator Carr to replace Senator Urquhart on Tuesday, 24 October 2017 between 8 and 9 am
Participating member: Senator Urquhart
Treasury Laws Amendment (Housing Tax Integrity) Bill 2017
Foreign Acquisitions and Takeovers Fees Imposition Amendment (Vacancy Fees) Bill 2017
That these bills may proceed without formalities, may be taken together and be now read a first time.
That these bills be now read a second time.
TREASURY LAWS AMENDMENT (HOUSING TAX INTEGRITY) BILL 2017
Housing is fundamental to the wellbeing of all Australians and is a driver of social and economic participation, promoting better employment, education and health outcomes.
To support Australian households, the Government has designed a comprehensive package of measures which includes assisting first home buyers, increasing the supply of affordable housing and reforms to housing-related payments to the States and Territories.
The Government is ensuring home ownership is more achievable for Australians, and that they have access to secure and affordable housing, while continuing to strengthen the integrity of Australia's tax system.
This Bill implements measures announced in the Government's 2017-18 Budget Housing Affordability package to both improve the integrity of the tax system and increase the supply of rental accommodation.
The first two Schedules of this Bill deliver on the Government's commitment to reduce pressure on housing affordability by better targeting deductions relating to residential investment properties.
Travel related to use of residential premises
Schedule 1 to this Bill amends the Income Tax Assessment Act 1997 to disallow deductions for travel costs relating to residential investment properties.
The existing law allows deductions for travel relating to income produced or gained from residential investment properties. When a property is used for a mixed purpose, such as a holiday home and rental; or where the travel is for a mixed purpose, such as travelling to maintain an investment property and go on a family holiday; travel expenses need to be split between income-producing and private purposes.
The problem is there has been widespread abuse around excessive travel expense claims relating to residential investment properties.
As a result of these changes, travel costs for individual investors inspecting and maintaining residential investment properties will no longer be deductible.
This will stop residential property investors from using the tax system to pay for their holidays by claiming costs as a rental expense.
However, these changes do not prevent investors from engaging third parties, such as real estate agents, to provide property management services. These expenses will remain deductible.
We have consulted the community and stakeholders in developing this measure. Public consultation on the exposure draft legislation and explanatory material occurred over four weeks.
Some minor technical changes have been made in response to the consultations, to provide clarity to taxpayers.
Disallowing travel related to residential investment properties has an estimated gain to revenue of $540 million over the forward estimates.
The changes will improve the integrity of the tax system by addressing the systemic risk of excessive and incorrect claims for travel expenses associated with residential investment properties.
Limiting depreciation deductions for plant and equipment in residential premises
Schedule 2 to this Bill will amend the Income Tax Assessment Act 1997to limit deductions for plant and equipment assets used for producing assessable income from residential premises to when the asset was first used for a taxable purpose.
The tax system currently creates opportunities for plant and equipment to be depreciated by multiple owners of a property in excess of its actual value. Plant and equipment items are usually mechanical fixtures or those which can be 'easily' removed from a property such as dishwashers and ceiling fans.
We have seen significant abuse of the tax system with property investors claiming excessive deductions for these items. These changes will improve the integrity of the tax system by better targeting deductions for plant and equipment forming part of residential investment properties.
As a result of the changes in this Bill, investors who purchase new plant and equipment for their residential investment property after 9 May 2017 will still be able to claim a deduction over the effective life of the asset. However, subsequent owners of the property will not be able to claim deductions for that plant and equipment. Instead, acquisitions of existing plant and equipment items will be reflected in the cost base for capital gains tax purposes for subsequent investors.
These changes will not affect capital works depreciation deductions relating to residential property investments.
These changes will apply on a prospective basis, with existing investments grandfathered. Plant and equipment used or installed in residential investment properties as of 9 May 2017, or acquired under contracts already entered into on 9 May 2017, will continue to give rise to deductions for depreciation until either the investor no longer owns the asset, or the asset reaches the end of its effective life.
Again, we have consulted the community and stakeholders in developing this measure. In addition to releasing exposure draft legislation and explanatory material
for a four week consultation, Treasury engaged with key stakeholders including quantity surveyors, accounting organisations and industry representatives.
In particular, this Bill allows investors to claim a deduction for plant and equipment installed in a new residential investment property where the property has been purchased within six months of completion, even if the property has been tenanted.
This means investors who have purchased a newly-built residential investment property are not disadvantaged when no other person has claimed a depreciation deduction.
The change to limit depreciation deductions has an estimated gain to revenue of $260 million over the forward estimates.
Together with the changes to travel deductions, this Bill will improve the integrity of the tax system by better targeting deductions for residential investment properties.
Full details of the measures are contained in the explanatory memorandum.
FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION AMENDMENT (VACANCY FEES) BILL 2017
To support Australian households, the Government has designed a comprehensive package of measures which includes assisting first home buyers, increasing the supply of affordable housing and reforms to housing-related payments to the States and Territories.
The changes contained in this Bill are part of the Government's 2017-18 Budget package to reducing pressure on housing affordability.
This Bill amends the Foreign Acquisitions and Takeovers Act 1975 to implement an annual vacancy charge on foreign owners of residential real estate where property is not occupied or genuinely available on the rental market for at least six months in a 12 month period.
The vacancy charge builds on the Government's existing foreign investment regime which seeks to increase the number of houses available for Australians to live in. The charge provides a financial incentive for the foreign owner to make their property available on the rental market.
The charge payable will be equivalent to the residential application fee that was paid by the foreign person at the time the application to purchase the property was made to the Foreign Investment Review Board.
The vacancy charge applies to foreign persons who make a foreign investment application for residential property from 7:30PM on 9 May 2017. For eligible foreign owners of residential real estate the vacancy charge will be levied on an annual basis.
The annual vacancy charge is expected to result in greater use of foreign-owned properties. Reporting and notification requirements are also expected to provide greater visibility of vacancy rates for foreign-owned properties.
The Australian Taxation Office will administer the vacancy charge.
This Bill represents an important component of the Government's comprehensive plan to reduce pressure on housing affordability.
Full details of the Bill are contained in the explanatory memorandum.
Darebin Council hosts large, lively and joyous citizenship ceremonies all year round and we very much wish to continue doing so, just not on January 26.
That the question be now put.
Senator Paterson did not vote, to compensate for the vacancy caused by the resignation of Senator Ludlam.
Senator Duniam did not vote, to compensate for the vacancy caused by the resignation of Senator Waters.
The Senate divided. [12:45]
(The President—Senator Parry)
Customs Amendment (Anti-Dumping Measures) Bill 2017
It became obvious that a new strategy had been employed by a large number of these exporters to exploit a 'gap' …
The outcome of such a strategy was to effectively guarantee a new interim anti-dumping duty of 0%.
That this bill be now read a third time.
Australian Grape and Wine Authority Amendment (Wine Australia) Bill 2017
That this bill be now read a third time.
Treasury Laws Amendment (2017 Measures No. 6) Bill 2017
Supplies of money receive special treatment under the GST law. Generally, a supply of money is not a supply … This means that entities paying consideration in money are not liable for GST on the supply of the money. Money is treated in this way because it is generally considered purely a medium of exchange that is not consumed and is therefore not subject to GST which seeks to effectively apply tax to final private consumption.
… However, a supply of money is a supply if it is provided as consideration for another supply of money. In cases where one entity is paying another entity for money, the money is not being used exclusively as a medium of exchange to purchase goods, services or property – a valuable service is being provided (for example, activities involving the exchange of money for other money such as debt trading and foreign currency speculation are carried on for profit).
That this bill be now read a third time.
Customs Amendment (Singapore-Australia Free Trade Agreement Amendment Implementation) Bill 2017
Customs Tariff Amendment (Singapore-Australia Free Trade Agreement Amendment Implementation) Bill 2017
This is the sort of stuff that makes Australians angry—
… if a job is able to be done by an Australian it should be done by an Australian.
… every nation is entitled to take that point of view and we certainly do.
… that the Australian Government consider implementing a process through which independent modelling and analysis of a proposed trade agreement is undertaken by the Productivity Commission, or equivalent organisation, and provided to the Committee alongside the National Interest Assessment (NIA) to improve assessment of the agreement.
The Senate divided. [13:49]
(The Acting Deputy President—Senator O'Sullivan)
(1) Schedule 1, item 3, page 5 (after line 6), after the definition of enterprise in subsection 153XD(1), insert:
Harmonized Commodity Description and Coding System means the Harmonized Commodity Description and Coding System that is established by or under the Convention.
(2) Schedule 1, item 3, page 5 (lines 7 to 9), omit the definition of Harmonized System in subsection 153XD(1), substitute:
Harmonized System means:
(a) the Harmonized Commodity Description and Coding System as in force immediately before 1 January 2017; or
(b) if the table in Annex 2 to the Agreement is amended or replaced to refer to Chapters, headings and subheadings of a later version of the Harmonized Commodity Description and Coding System—the later version of the Harmonized Commodity Description and Coding System.
(3) Schedule 1, item 3, page 7 (lines 6 to 10), omit subsection 153XD(2).
(4) Schedule 1, item 3, page 9 (line 26) to page 12 (line 2), omit section 153XG, substitute:
153XG Goods produced in Singapore, or in Singapore and Australia, from non ‑originating materials
(1) Goods are Singaporean originating goods if:
(a) they are classified to a Chapter, heading or subheading of the Harmonized System that is specified in the first column of the table in Annex 2 to the Agreement; and
(b) they are produced entirely in the territory of Singapore, or entirely in the territory of Singapore and the territory of Australia, from non‑originating materials only or from non‑originating materials and originating materials; and
(c) either:
(i) each requirement that is specified in the third column of that table to apply in relation to the goods is satisfied; or
(ii) without limiting subparagraph (i), if the regulations specify one or more alternative requirements that apply in relation to the goods—those alternative requirements are satisfied; and
(d) either:
(i) the importer of the goods has, at the time the goods are imported, a certification of origin, or a copy of one, for the goods; or
(ii) Australia has waived the requirement for a certification of origin for the goods.
(2) Without limiting subparagraph (1) (c) (i), a requirement may be specified in the third column of the table in Annex 2 to the Agreement by using an abbreviation that is defined for the purposes of that column.
Change in tariff classification
(3) If a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification, the regulations may prescribe when a non‑originating material used in the production of the goods is taken to satisfy the change in tariff classification.
(4) If:
(a) a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification; and
(b) one or more of the non‑originating materials used in the production of the goods do not satisfy the change in tariff classification;
then the requirement is taken to be satisfied if the total value of the non‑originating materials covered by paragraph (b) does not exceed 10% of the customs value of the goods.
(5) If:
(a) a requirement that applies in relation to the goods is that all non‑originating materials used in the production of the goods must have undergone a particular change in tariff classification; and
(b) the goods are classified to any of Chapters 50 to 63 of the Harmonized System; and
(c) one or more of the non‑originating materials used in the production of the goods do not satisfy the change in tariff classification;
then the requirement is taken to be satisfied if the total weight of the non‑originating materials covered by paragraph (c) does not exceed 10% of the total weight of the goods.
Regional value content
(6) If a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way:
(a) the regional value content of the goods is to be worked out in accordance with the Agreement; or
(b) if the regulations prescribe how to work out the regional value content of the goods—the regional value content of the goods is to be worked out in accordance with the regulations.
(7) If:
(a) a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way; and
(b) the goods are imported into Australia with accessories, spare parts, tools or instructional or other information materials; and
(c) the accessories, spare parts, tools or instructional or other information materials are classified with, delivered with and not invoiced separately from the goods; and
(d) the types, quantities and value of the accessories, spare parts, tools or instructional or other information materials are customary for the goods;
then the regulations must require the value of the accessories, spare parts, tools or instructional or other information materials to be taken into account as originating materials or non‑originating materials, as the case may be, for the purposes of working out the regional value content of the goods.
Note: The value of the accessories, spare parts, tools or instructional or other information materials is to be worked out in accordance with the regulations: see subsection 153XD(3).
(8) For the purposes of subsection (7), disregard section 153XI in working out whether the accessories, spare parts, tools or instructional or other information materials are originating materials or non‑originating materials.
(5) Schedule 1, item 3, page 12 (lines 12 and 13), omit "the goods are required to have a regional value content of at least a particular percentage under a particular method", substitute "a requirement that applies in relation to the goods is that the goods must have a regional value content of not less than a particular percentage worked out in a particular way".
That these bills be now read a third time.
Social Services Legislation Amendment (Welfare Reform) Bill 2017
Some electricity retailers will not be able to meet the required emissions profile, while others will overachieve. Therefore a secondary exchange will occur between retailers to balance their portfolios.
I think it would be very hard to actually identify and say 'this is a carbon price' - there isn't one.' …
The data increase is a game-changer for us … I will be able to continue to work remotely from home; our children will be able to access online homework tasks; we can read cattle market reports, online news; do online banking …
That the Senate take note of the answers given by the Minister representing the Prime Minister (Senator Brandis) to questions without notice asked by Senator Collins and Senator Polley today relating to energy.
The proposed emissions guarantee is the carbon tax you get when you ask a regulator to design one …
… I don't think anybody can guarantee a price reduction …
Given electricity retailers will trade to meet required emissions targets, can the minister confirm the policy effectively imposes a price on carbon?
We aren't yet convinced by what we have heard and we need further detail on the Federal Government's plan.
Any federal energy policy needs to meet those aims for Tasmania before receiving our support.
That means lower prices, energy security and developing more renewable energy generation in Tasmania.
That the Senate take note of the responses given by the Minister representing the Prime Minister (Senator Brandis) to the question asked by Senator Richard Di Natale today relating to energy.
Budget estimates 2016-17 (Supplementary)—Finance and Public Administration Legislation Committee—Additional information received between 15 September and 19 October 2017—Prime Minister and Cabinet portfolio.
Additional estimates 2016-17—
Community Affairs Legislation Committee—
Additional information received between—
1 March and 25 May 2017—Health portfolio.
2 March and 12 May 2017—Social Services portfolio.
2 March and 1 June 2017—Department of Human Services.
Hansard record of proceedings.
Economics Legislation Committee—
Additional information received between 1 March and 25 May 2017—
Industry, Innovation and Science portfolio.
Treasury portfolio.
Hansard record of proceedings and documents presented to the committee.
Finance and Public Administration Legislation Committee—Additional information received between 15 September and 19 October 2017—Prime Minister and Cabinet portfolio.
Budget estimates 2017-18—
Economics Legislation Committee—
Additional information received between 25 May and 19 October 2017—
Industry, Innovation and Science portfolio.
Treasury portfolio.
Hansard record of proceedings and documents presented to the committee.
Finance and Public Administration Legislation Committee—Additional information received between 15 September and 19 October 2017—
Indigenous matters across portfolios.
Prime Minister and Cabinet portfolio.
That the Senate take note of the report.
That senators be discharged from and appointed to committees as follows:
Education and Employment Legislation Committee—
Appointed—
Substitute member: Senator Rhiannon to replace Senator Hanson-Young for the committee's inquiry into the provisions of the Fair Work Laws Amendment (Proper Use of Worker Benefits) Bill 2017
Participating member: Senator Hanson-Young
Environment and Communications Legislation Committee—
Appointed—Substitute member: Senator Hanson-Young to replace Senator Rice on Tuesday, 24 October 2017
Environment and Communications References Committee—
Appointed—
Substitute member: Senator Hanson-Young to replace Senator Rice for the committee's inquiry into Australian content on broadcast, radio and streaming services
Participating member: Senator Rice
Future of Work and Workers—Select Committee—
Appointed—
Senators Chisholm and Watt
Participating members: Senators Bilyk, Brown, Cameron, Carr, Collins, Dastyari, Dodson, Farrell, Gallacher, Gallagher, Ketter, Kitching, Lines, Marshall, McAllister, McCarthy, Moore, O'Neill, Polley, Pratt, Singh, Sterle, Urquhart and Wong
Crimes Legislation Amendment (Sexual Crimes Against Children and Community Protection Measures) 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 bill provides a broad package of measures which strengthen the laws that safeguard children in Australia from sexual abuse.
The Crimes Legislation Amendment (Sexual Crimes against Children and Community Protection Measures) Bill 2017 complements recently legislated measures that stop convicted child sex offenders from travelling overseas to commit criminal acts against children.
The bill addresses all aspects of child sex offending. It targets inadequacies in the criminal justice system that result in outcomes that do not sufficiently punish, deter and rehabilitate offenders. It also introduces new offences directed at the use of the internet for the sexual abuse of children.
Strengthening the criminal framework throughout the offence cycle
The Government is increasingly concerned about the manifestly inadequate sentences which do not sufficiently reflect the harm suffered by victims of child sex abuse or protect the community from the risk of future harm. Such sentences do not recognise that these crimes increase the demand for child abuse material.
Since 2012, less than two thirds of Commonwealth child sex offenders have received a term of imprisonment on conviction. This is a staggering 269 child sex offenders convicted of a Commonwealth crime released directly back into the community over the past five years. Of those who were imprisoned, the most common sentence length was 18 months and the most common non‑parole period was 6 months. That is clearly too short.
Mandatory Minimum Sentencing
This bill introduces mandatory sentencing for specified offences to address the disparity between the seriousness of child sex offending and the lenient sentences handed down by the courts. Mandatory minimum sentences will apply to the child sex offences that attract the highest penalties and to re-offenders previously convicted of a separate child sex offences.
The introduction of mandatory sentencing complements a new presumption in favour of cumulative sentences for multiple child sex offences. This will ensure that the sentences imposed adequately reflect the seriousness of the offending.
Ensuring adequate sentencing
To strengthen the sentencing regime even further, the bill increases penalties for particular child sex offences:
1. introduces a presumption of actual imprisonment to reduce the imposition of wholly suspended sentences for child sex offenders
2. ensures that all sex offenders, upon release from custody, are adequately supervised and subject to appropriate rehabilitative conditions
3. overhauls the sentencing factors for all federal offenders
4. prevents courts from discounting sentences on the basis of good character, where this is used to facilitate the crime, and
5. emphasises the importance of access to rehabilitation and treatment when sentencing child sex offenders
Bail
The bill inserts a presumption against bail for offenders who commit serious child sex offences.
The presumption recognises that such offenders pose an unacceptable risk to the community and to their victims.
Post release options
This bill introduces a requirement for the courts to set treatment and supervision conditions for all child sex offenders upon sentencing to prevent such offenders from being released without supervision and appropriate treatment conditions.
This bill also introduces community safety as a primary consideration when deciding whether a federal offender's parole should be revoked, to ensure the protection of the community.
The bill will also ensure that once an offender's parole has been revoked they will serve a period of time in custody.
Criminalising emerging forms of child sexual abuse
The bill also introduces two new measures to target emerging forms of sexual offending.
The first measure criminalises the provision of services like websites that provide access to child abuse material online. These services facilitate and encourage offending by a large, sometimes global audience and promote the production of new child abuse material.
The second measure criminalises the transmission of communications to 'groom' any person, such as parents or carers, with the aim of procuring a child for sexual activity.
Protecting vulnerable persons
The Government remains committed to strengthening the protections afforded to child and other vulnerable witnesses giving evidence in Commonwealth criminal proceedings. This bill improves justice outcomes by limiting the re‑traumatisation of vulnerable witnesses by removing barriers to the admission of pre-recorded video evidence and ensuring that they are not subject to cross-examination at committal and other preliminary hearings, thus allowing them to put their best evidence forward at trial .
Aggravating factors for child sex offences
The Government is deeply disturbed by the emerging trend where offenders inflict severe violence on children alongside sexual abuse. To ensure that this conduct is appropriately punished, the bill will criminalise activities that aggravate particular types of sexual offending such as subjecting a child to cruel, inhuman or degrading treatment, and causing the death of the child.
This bill also introduces new aggravating factors that a court must take into account when sentencing an offender for a relevant offence. These would apply if the victim was under the age of 10 at the time of the offending and if multiple people were involved in the offending.
These measures send a clear message – this Government will not tolerate such appalling acts committed against children.
Conclusion
This bill contains the most comprehensive and significant Commonwealth Child Sex Offender reforms since the introduction of the Criminal Code in 1995.
The bill is consistent with a number of recommendations made by the Royal Commission into Institutional Responses to Child Sexual Abuse in its recently released Criminal Justice report.
This bill signifies this Government's commitment to addressing child sex offences that occur both domestically and overseas and ensuring that the Australian community is protected from heinous crimes.
These new measures send a strong message to child sex offenders that such abhorrent crimes will not be tolerated.
Australia Day is about bringing together all Australians from all walks of life to reflect on our history and look to the future with optimism …
That the Senate—
(a) notes that Australia has the largest per capita immigration program in the world; and
(b) calls on the Government to address the extremely high, unsustainable immigration intake, including from both permanent and temporary residency visas, that:
(i) impacts on local, state and Federal Government delivery and planning for the supply of water, power and gas, and the protection of arable land for food production,
(ii) overburdens infrastructure, including roads and transport, telecommunications, schools, hospitals, nursing homes, sewerage, government welfare and services, and
(iii) has put a strain on available residential land, affordable housing, standard of living and employment prospects, including under-employment.
Notice given 18 October 2017
Per capita measures of the economy suggest that growth in living standards has stagnated and for some sections of the resident population, in particular younger people, it has gone backwards.
…pointed out that Australia has one of the highest population growth rates among developed economies, more than half of which is due to net immigration. However, while this makes Australia's headline economic growth rate look reasonable, on a per capita basis GDP growth has been trending downwards since the recovery from Australia's last recession in the early 1990s.
Different people, different beliefs, different yearnings, different hopes, different dreams. We become not a melting pot but a beautiful mosaic.
Unfortunately, the current migration system does not support South Australian businesses, particularly in regional areas.
… if we do not grow then we are locked within our existing paradigm. Only population growth can deliver the changes we need to make to urban form, public infrastructure and service delivery.
I'm trying to get myself in the same boat as Mr Joyce and Senator Nash, and then I want to demonstrate that I'm actually in a better boat.