1The House met, at 9.30 am, pursuant to adjournment. The Speaker (the Honourable A. D. H. Smith) took the Chair, made an acknowledgement of country and read Prayers.

 2Appropriations and Administration—Standing Committee—REPORT

The Speaker presented the following document:

Appropriations and Administration—Standing Committee—Report No. 17: Budget estimates 2019-2020—Report, April 2019.

In accordance with standing order 39(e) the report was made a Parliamentary Paper.

 3Christchurch attack—REPORT FROM FEDERATION CHAMBER

The Speaker reported that the order of the day relating to the Prime Minister’s motion of condolence in connection with the Christchurch attack had been debated in the Federation Chamber and returned to the House, and presented a certified copy of the motion.

Motion agreed to.

 4 Treasury Laws Amendment (Improving Accountability and Member Outcomes in Superannuation Measures No. 1) Bill 2019

The order of the day having been read for the second reading—

 5MESSAGES FROM THE SENATE

Messages from the Senate, 3 April 2019, were reported returning the following bills without amendments or requests:

No. 531—Social Services Legislation Amendment (Energy Assistance Payment) 2019.

No. 532—Treasury Laws Amendment (Medicare Levy and Medicare Levy Surcharge) 2019.

No. 534—Treasury Laws Amendment (North Queensland Flood Recovery) 2019.

No. 535—Governor-General Amendment (Salary) 2019.

No. 536—Foreign Influence Transparency Scheme Amendment 2019.

No. 537—Export Finance and Insurance Corporation Amendment (Support for Infrastructure Financing) 2019.

No. 539—Treasury Laws Amendment (Making Sure Foreign Investors Pay Their Fair Share of Tax in Australia and Other Measures) 2019.

No. 540—Income Tax (Managed Investment Trust Withholding Tax) Amendment 2018 (without requests).

No. 541—Income Tax Rates Amendment (Sovereign Entities) 2018 (without requests).

No. 543—Treatment Benefits (Special Access) 2019.

No. 544—Treatment Benefits (Special Access) (Consequential Amendments and Transitional Provisions) 2019.

No. 547—Treasury Laws Amendment (Design and Distribution Obligations and Product Intervention Powers) 2019.

No. 548—Treasury Laws Amendment (2019 Petroleum Resource Rent Tax Reforms No. 1) 2019.

No. 549—Customs Tariff Amendment (Craft Beer) 2019.

No. 550—Treasury Laws Amendment (2019 Measures No. 1) 2019.

No. 551—Excise Tariff Amendment (Supporting Craft Brewers) 2019.

No. 552—Australian Business Securitisation Fund 2019.

 6MESSAGE FROM THE SENATE—Treasury Laws Amendment (Increasing the Instant Asset Write-Off for Small Business Entities) Bill 2019

Message No. 533, 3 April 2019, from the Senate was reported returning the Treasury Laws Amendment (Increasing the Instant Asset Write-Off for Small Business Entities) Bill 2019 with amendments.

 7MESSAGE FROM THE SENATE—Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018

Message No. 542, 3 April 2019, from the Senate was reported returning the Corporations Amendment (Strengthening Protections for Employee Entitlements) Bill 2018 with amendments.

 8MESSAGE FROM THE SENATE—Criminal Code Amendment (Sharing of Abhorrent Violent Material) Bill 2019

Message No. 545, 3 April 2019, from the Senate was reported transmitting for the concurrence of the House a Bill for an Act to amend the Criminal Code Act 1995, and for related purposes.

Bill read a first time.

Mr Ciobo, made a valedictory speech.

Ms McGowan, made a valedictory speech.

 9MESSAGE FROM THE SENATE—Treasury Laws Amendment (Mutual Reforms) Bill 2019

Message No. 538, 3 April 2019, from the Senate was reported transmitting for the concurrence of the House a Bill for an Act to amend the law relating to mutual entities, and for related purposes.

Bill read a first time.

 10 Major Sporting Events (Indicia and Images) Protection Amendment Bill 2018

The order of the day having been read for the second reading—

 11MESSAGE FROM THE SENATE—Social Security (Administration) Amendment (Income Management and Cashless Welfare) Bill 2019

Message No. 546, 3 April 2019, from the Senate was reported returning the Social Security (Administration) Amendment (Income Management and Cashless Welfare) Bill 2019 with amendments.

 12Health Insurance Amendment (Bonded Medical Programs Reform) Bill 2019

Mr Buchholz (Assistant Minister for Roads and Transport), for Mr Hunt (Minister for Health), pursuant to notice, presented a Bill for an Act to amend the Health Insurance Act 1973, and for related purposes.

Document

Mr Buchholz presented an explanatory memorandum to the bill.

Bill read a first time.

 13MEMBERS’ STATEMENTS

Members’ statements were made.

 14QUESTIONS

 15DOCUMENTS 

The following documents were presented: 

Clean Energy Regulator—2018 Annual Statement to the Parliament on the progress towards the 2020 Large-scale Renewable Energy Target—March 2019.

Treaties—Joint Standing Committee—Report 183: Aspects of the Peru-Australia Free Trade Agreement revisited—Government response, April 2019.

Mr Pyne, made a valedictory speech.

Question to Speaker, Ms Sharkie, re fundraising at Parliament House.

 16Document

The Speaker presented the following document:

Use of Parliament House facilities for events—Approved by the Presiding Officers August 2017.

 17DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—Plan for the future

The House was informed that both Ms Plibersek (Deputy Leader of the Opposition) and Mr T. R. Wilson had proposed that definite matters of public importance be submitted to the House for discussion today. In accordance with the provisions of standing order 46, the Speaker had given priority to the matter proposed by Ms Plibersek, namely, “The Government’s failure to provide a plan for Australia’s future”.

 18MESSAGE FROM THE GOVERNOR-GENERAL—ASSENT TO BILLS

A message from His Excellency the Governor-General was announced informing the House that His Excellency, in the name of Her Majesty, had assented to the following bills:

 19Australian Sports Anti-Doping Authority Amendment (Sport Integrity Australia) Bill 2019

Mr Coleman (Minister for Immigration, Citizenship and Multicultural Affairs), for Mr Hunt (Minister for Health), pursuant to notice, presented a Bill for an Act to amend the Australian Sports Anti-Doping Authority Act 2006, and for related purposes.

Document

Mr Coleman presented an explanatory memorandum to the bill.

Bill read a first time.

 20Members’ qualifications under the constitution

Mr Hawke (Special Minister of State), pursuant to notice, moved—That the House require all Members to provide statements in relation to disqualification under sections 44 or 45 of the Constitution in the following terms:

Members’ qualifications

Register of Members’ qualifications relating to sections 44 and 45 of the Constitution

(1) The Registrar of Members’ Interests shall, in accordance with procedures determined by the Committee of Privileges and Members’ Interests (the committee), maintain a Register of Members’ qualifications, comprising material:

(a)tabled on behalf of the Australian Electoral Commission in accordance with s. 181B of Part XIV of the Commonwealth Electoral Act 1918 in respect of Members; and

(b)provided by Members in accordance with the obligation to provide an attestation or supplementary information under paragraphs (5), (6) or (7) of this resolution.

(2) Other than as provided for in this resolution, the committee has the same powers and functions in relation to the Register as it does in relation to the Register of Members’ Interests.

(3) The Registrar shall publish the Register and any supplementary information as soon as practicable after a Member has provided documents to the Registrar, or after tabling of documents on behalf of the Australian Electoral Commission.

(4) The Registrar shall remove information from the published copy of the Register when a Member ceases to hold office as a Member of the House of Representatives. 

Requirement to provide statements and supplementary information

(5) Within 28 days of making and subscribing an oath or affirmation as a Member of the House of Representatives in accordance with section 42 of the Constitution, each Member shall provide to the Registrar a statement attesting to the House of Representatives the accuracy and completeness of the material provided to, and tabled on behalf of, the Australian Electoral Commission in respect of the Member’s last nomination for election in accordance with Part XIV of the Commonwealth Electoral Act.

(6) In making an attestation in accordance with paragraph (5), a Member may provide supplementary material. Supplementary material may augment, explain, or correct earlier information contained in the material provided to, and tabled on behalf of, the Australian Electoral Commission, but must not result in removal from the Register of material that was previously entered on the Register.

(7) If a Member becomes aware that information they have attested to in accordance with paragraph (5), or have subsequently provided in accordance with paragraph (6), can no longer be regarded as accurate, the Member shall provide supplementary material to the Registrar as soon as practicable, but no later than 28 days, after the Member becomes aware of the inaccuracy. Such supplementary material does not cause earlier material to be removed from the Register.

(8) The committee shall prescribe a form or forms for the purposes of paragraphs (5), (6) or (7), which shall be consistent with the disclosure requirements in Part XIV of the Commonwealth Electoral Act.

Consideration of possible disqualification matters

(9) The House of Representatives will deal with any question concerning a Member’s qualification under the Constitution only in accordance with the following procedures, and not otherwise. 

(10) If a Member becomes aware of circumstances that give rise to a possible disqualification under sections 44 or 45, arising from facts not disclosed in accordance with Part XIV of the Commonwealth Electoral Act, the Member may provide a statement of those circumstances to the Speaker. Any material redacted from the material entered onto the Register, including redactions from documents tabled on behalf of the Australian Electoral Commission is taken not to have been disclosed.

(11) If, and only if, a matter satisfies the conditions in paragraph (10), the Speaker shall, as soon as practicable, report the matter to the House, and the Member who raised the matter may move, without notice, a motion referring the matter to the committee for inquiry and report.

(12) Before reporting on such a matter, the committee shall provide a reasonable opportunity for a Member affected by the reference to respond to the allegations, to the evidence before the committee, and to any recommendation the committee proposes to make.

(13) If, on the evidence before it, the committee considers that there is sufficient doubt about a Member’s qualifications, then the committee may recommend that the matter be referred to the Court of Disputed Returns under section 376 of the Commonwealth Electoral Act; however, the committee shall not make such a recommendation unless it determines that the question arises from facts not disclosed in accordance with Part XIV of the Commonwealth Electoral Act. 

(14) When a question respecting a Member’s qualification turns solely upon the interpretation or application of foreign citizenship law, the committee shall not recommend that the question be referred to the Court of Disputed Returns unless the committee has taken evidence from experts in the relevant foreign law and the committee considers there is a sufficient possibility that the Member was a foreign citizen under the relevant foreign law at the relevant time.

Referral to Court of Disputed Returns

(15) Notwithstanding anything contained in the standing orders or any other resolution, no Member may move a motion to refer any question to the Court of Disputed Returns under section 376 of the Commonwealth Electoral Act unless the committee has considered whether the matter be so referred and reported to the House of Representatives. After the committee has made such a report, a Member may, without notice, move to refer the matter to the Court of Disputed Returns.

False statements or omissions regarded as contempt

(16) Any Member who:

(a)knowingly fails to provide the material required by this resolution to the Registrar within the required timeframe; or

(b)knowingly fails to correct an inaccuracy in any material within the required timeframe; or

(c)knowingly provides false or misleading information to the Registrar; 

shall be guilty of a serious contempt of the House of Representatives and shall be dealt with by the House accordingly.

(17) A question of whether any Member has committed such a serious contempt shall first be referred to the committee for inquiry and report.

 21AUSTRALIAN PARLIAMENTARY DELEGATION—REPORT—STATEMENT BY MEMBER

Mr Hartsuyker presented the following document:

Australian Parliamentary Delegation to the twenty-seventh annual meeting of the Asia-Pacific Parliamentary Forum, Siem Reap, Cambodia, 13 to 18 January 2019—Report, March 2019.

 22Health, Aged Care and Sport—Standing Committee—REPORTS—STATEMENT BY MEMBER

Mr Zimmerman (Chair) presented the following documents:

Health, Aged Care and Sport—Standing Committee—

Bedtime reading: Inquiry into sleep health awareness in Australia—

Report, April 2019.

Minutes of proceedings.

 23Law Enforcement—Parliamentary Joint Committee—REPORTS—STATEMENT BY MEMBER

Mr C. Kelly (Chair) presented the following documents:

Law Enforcement—Parliamentary Joint Committee—

Examination of the Australian Federal Police annual report 2016-17—Report, April 2019.

 24PETITIONS—standing Committee—REPORT—STATEMENT BY MEMBER

Mrs Wicks (Chair) presented the following document:

Petitions—Standing Committee—Report 35: Petitions and Ministerial responses—Report, 4 April 2019.

Documents

Mrs Wicks, by leave, presented the following documents and made a statement:

Petitions.

Ministers' responses to petitions previously presented to the House.

 25Public Accounts and Audit—Joint Committee—REPORTS—STATEMENT BY MEMBER

Mr Hill presented the following documents:

Public Accounts and Audit—Joint Committee—

Report 477: Commonwealth financial statements—Second report, and foreign investment in real estate: Inquiries based on Auditor-General's reports 24 and 48 (2017-18)—Report, March 2019.

Mr C. A. S. Laundy, made a valedictory speech.

 26MESSAGE FROM THE SENATE

Message No. 524, 3 April 2019, from the Senate was reported informing the House that the Senate had agreed to the following resolution:

That the Senate—              

(a)notes that:

(i)the Murray-Darling Royal Commission recommended that future water recovery for the environment, including the 450 GL, should be purchased through buyback, which requires repeal of the 1,500 GL cap on buybacks in section 85C of the Water Act 2007; and

(ii)the future environmental health of the Murray-Darling Basin relies on additional water recovery; and

(b)calls on the Federal Government to support the urgent repeal of the 1,500 GL limit on Commonwealth water purchases.

The Senate requests the concurrence of the House in this resolution.

 27Economics—Standing Committee—REPORTS—STATEMENTS BY MEMBERS—MOTION TO TAKE NOTE OF DOCUMENT—REFERENCE TO FEDERATION CHAMBER

Mr T. R. Wilson (Chair) presented the following documents:

Economics—Standing Committee—

Review of the Reserve Bank of Australia annual report 2018 (First report)—

Report, April 2019.

Minutes of Proceedings.

 28POSTPONEMENT OF BUSINESS

Ordered—That business intervening before order of the day No. 12, government business, be postponed until the next sitting.

 29 Appropriation Bill (No. 1) 2019-2020 

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—

 30ADJOURNMENT

At 8.12 pm the Speaker adjourned the House until 10 am on Monday, 15 April 2019, in accordance with the resolution agreed to on 2 April 2019.

DOCUMENTS 

 The following documents were deemed to have been presented on 4 April 2019 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk): 

 Anti-Money Laundering and Counter-Terrorism Financing Act 2006—Anti-Money Laundering and Counter-Terrorism Financing Rules Amendment Instrument 2019 (No. 2) [F2019L00518].

Australian Radiation Protection and Nuclear Safety (Licence Charges) Act 1998—Australian Radiation Protection and Nuclear Safety (Licence Charges) Amendment Regulations 2019 [F2019L00519].

Dental Benefits Act 2008—Dental Benefits Amendment Rules (No. 1) 2019 [F2019L00517].

Royal Commissions Act 1902—Royal Commissions Amendment (Custody of Records) Regulations 2019 [F2019L00527].

Water Act 2007—Water Charge Amendment Rules 2019 [F2019L00521].

ATTENDANCE

All Members attended (at some time during the sitting) except Ms Husar and Mr Sukkar.