1The House met, at 9 am, pursuant to adjournment. The Speaker (the Honourable M. Dick) took the Chair, made an acknowledgement of country and read Prayers.

 2Constitution Alteration (Aboriginal and Torres Strait Islander Voice) 2023

Mr Dreyfus (Attorney-General), pursuant to notice, presented a Bill for an Act to alter the Constitution to recognise the First Peoples of Australia by establishing an Aboriginal and Torres Strait Islander Voice.

Document

Mr Dreyfus presented an explanatory memorandum to the bill.

Bill read a first time.

 3Aboriginal and Torres Strait Islander Voice Referendum—Proposed Joint Select Committee 

Mr Burke (Leader of the House), pursuant to notice, moved—That:

(1)a joint select committee, to be known as the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum, be appointed to inquire into and report on the provisions of the bill introduced by the Government to be submitted to a referendum on the Aboriginal and Torres Strait Islander Voice;

(2)the committee consist of 13 members, four Members of the House of Representatives to be nominated by the Government Whip or Whips, two Members of the House of Representatives to be nominated by the Opposition Whip or Whips, one Member of the House of Representatives nominated by any minority group or independent Member, three Senators to be nominated by the Leader of the Government in the Senate, two Senators to be nominated by the Leader of the Opposition in the Senate and one Senator to be nominated by the Leader of the Australian Greens in the Senate;

(3)every nomination of a member be notified in writing to the President of the Senate and the Speaker of the House of Representatives;

(4)in the event that a House is not sitting and is not expected to meet for at least two weeks, the relevant whip in the House of Representatives, the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, minority groups or independent Senators may nominate any appointment or discharge of a member of the committee in writing to the relevant Presiding Officer. The change in membership shall take effect from the time the Presiding Officer received the written nomination. At the next sitting, the Presiding Officer shall report the change to the relevant House and the House shall resolve that membership of the committee;

(5)the persons appointed for the time being to serve on the committee shall constitute the committee notwithstanding any failure by the Senate or the House of Representatives to appoint the full number of Senators or Members referred to in this resolution;

(6)the members of the committee hold office as a joint select committee until presentation of the committee’s report;

(7)the committee present its report no later than 15 May 2023;

(8)the committee elect a Government member as its chair;

(9)the committee elect a non-Government member as its deputy chair to act as chair of the committee at any time when the chair is not present at a meeting of the committee;

(10)at any time when the chair and deputy chair are not present at a meeting of the committee, the members present shall elect another member to act as chair at that meeting;

(11)the chair, or the deputy chair when acting as chair, shall have a deliberative vote and, in the event votes are equally divided, a casting vote;

(12)three members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(13)the committee have power to appoint subcommittees, consisting of three or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine;

(14)the committee appoint the chair of each subcommittee who shall have a deliberative vote but no casting vote, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee, the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting;

(15)the quorum of a subcommittee be two members of that subcommittee provided that in a deliberative meeting the quorum shall include one Government member of either House and one non-Government member of either House;

(16)members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum;

(17)the committee or any subcommittee has power to:

(a)call for witnesses to attend and for documents to be produced;

(b)conduct proceedings at any place it sees fit;

(c)sit in public or in private;

(d)report from time to time; and

(e)adjourn from time to time and to sit during any adjournment of the Senate or the House of Representatives; and

(18)a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.

 4POSTPONEMENT OF NOTICE

Ordered—That notice No. 3, government business, be postponed until a later hour this day.

 5Public Accounts and Audit—Joint Committee—REPORT—STATEMENT BY MEMBER

Mr Hill (Chair) presented the following document:

Public Accounts and Audit—Joint Committee—Report 494: Inquiry into the Department of Foreign Affairs and Trade’s crisis management arrangements—Report, incorporating a dissenting report, March 2023.

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

 6National Disability Insurance Scheme—Joint Standing Committee—REPORT—STATEMENT BY MEMBER—MOTION TO TAKE NOTE OF DOCUMENT—REFERENCE TO FEDERATION CHAMBER

Ms Coker (Chair) presented the following document:

National Disability Insurance Scheme—Joint Standing Committee—Capability and culture of the NDIA interim report—Report, March 2023.

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

 7National Disability Insurance Scheme—Joint Standing Committee—CORRIGENDUM

Ms Coker (Chair) presented the following document:

National Disability Insurance Scheme—Joint Standing Committee—General Issues 2021—Report—Corrigendum.

 8 Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Bill 2023

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—

Debate resumed.

 9 Inspector-General of Aged Care Bill 2023

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—

Debate resumed.

 10 Inspector-General of Aged Care (Consequential and Transitional Provisions) Bill 2023 

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—

 11Aboriginal and Torres Strait Islander Voice Referendum—JOINT SELECT COMMITTEE—MEMBERSHIP

The House was informed that the Chief Government Whip had nominated Members to be members of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Mr Giles (Minister for Immigration, Citizenship and Multicultural Affairs), by leave, moved—That Ms Claydon, Ms Murphy, Mr Neumann and Dr Reid be appointed members of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Question—put and passed.

 12 Jobs and Skills Australia Amendment Bill 2023

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—

Debate resumed.

Mr Burke (Leader of the House), sought leave to amend the notice relating to the proposed amendments to standing orders. Leave not granted.

 13Amendments to Standing Orders

Mr Burke (Leader of the House), pursuant to notice, moved—That standing orders 34, 55, 85 and 133 be amended as follows:

34Order of business

The order of business to be followed by the House is shown in figure 2.

Figure 2. House order of business

55Lack of quorum

(a)When the attention of the Speaker is drawn to the state of the House and the Speaker observes that a quorum is not present, the Speaker shall count the Members present in accordance with standing order 56.

(b)On Mondays, if any Member draws the attention of the Speaker to the state of the House between 10 am and 12 noon, the Speaker shall announce that he or she will count the House at 12 noon, if the Member then so desires.

(c)On Tuesdays, if any Member draws the attention of the Speaker to the state of the House prior to 2 pm, the Speaker shall announce that he or she will count the House after the discussion of the matter of public importance, if the Member then so desires.

(d)On Mondays, Tuesdays and Wednesdays, if any Member draws the attention of the Speaker to the state of the House from 6.30 pm until the adjournment of the House, the Speaker shall announce that he or she will count the House at the first opportunity the next sitting day, if the Member then so desires. 

(e)If a quorum is in fact present when a Member draws attention to the state of the House, the Speaker may name the Member in accordance with standing order 94(b) (sanctions against disorderly conduct).

85Proceedings on urgent bills

(a)If one or more bills have been declared urgent, the provisions of standing order 31 will not apply and a single second reading debate on the bill[s] may continue from 7.30 pm until 10 pm that sitting, or earlier if no further Members rise to speak, at which time the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting. 

(b)After prayers on the next sitting, each bill will be considered in turn. The question on any second reading amendment and the question on the second reading shall be put without further amendment or debate.  

(c)If the second reading of a bill is agreed to and any message from the Governor-General announced, the bill then to be taken as a whole during consideration in detail, if required, with any detail amendments to be moved together and the mover to speak for a maximum of five minutes, without further debate, and any government amendments to the bill which have been circulated to be treated as if they had been moved together, any opposition amendments which have been circulated to be treated as if they had been moved together, and any amendments by crossbench Members which have been circulated to be treated as if they had been moved as one set per Member, with:

(i) one question to be put on all the government amendments; 

 (ii) one question then to be put on all opposition amendments; 

 (iii) separate questions then to be put on any sets of amendments circulated by crossbench Members; and 

 (iv) any further questions necessary to complete the remaining stages of the bill to be put without delay.

(d)Standing order 81, providing for the closure of a question, shall not apply to any proceedings to which this standing order applies.

(e)Any division called for during the second reading debate from 7.30 pm until 10 pm that sitting shall be deferred until the first opportunity the next sitting day, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period, and, if any Member draws the attention of the Speaker to the state of the House, the Speaker shall announce that he or she will count the House at the first opportunity the next sitting day if the Member then desires.

133Deferred divisions on Mondays, Tuesdays and Wednesdays

(a)On Mondays, any division called for between the hours of 10 am and 12 noon shall be deferred until 12 noon, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period.

(b)On Tuesdays, any division called for prior to 2 pm shall be deferred until after the discussion of the matter of public importance, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period.

(c)On Mondays, Tuesdays and Wednesdays, any division called for from 6.30 pm until the adjournment of the House shall be deferred until the first opportunity the next sitting day, except for a division called on a motion to suspend any standing or other order of the House moved by a Minister during this period. 

(d)Notwithstanding the provisions of standing orders 80 and 81, only a Minister may move during a period of deferred divisions—

That the Member be no longer heard; or

That the question be now put.

(e)The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate.

[and see standing order 85 in relation to urgent bills]

 14 Jobs and Skills Australia Amendment Bill 2023

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—

Debate resumed.

 15MEMBERS’ STATEMENTS

Members’ statements were made.

 16QUESTIONS

Mr Albanese (Prime Minister), by indulgence, made a statement re: his attendance at the coronation of King Charles III on 6 May 2023.

 17SUSPENSION OF STANDING AND SESSIONAL ORDERS—SAFEGUARD MECHANISM (CREDITING) AMENDMENT BILL 2023—SENATE MESSAGE—CONSIDERATION OF AMENDMENTS

Mr Burke (Leader of the House) moved—That so much of the standing and sessional orders be suspended as would prevent:

(1) the Speaker immediately reporting a message from the Senate in relation to the Safeguard Mechanism (Crediting) Amendment Bill 2023; and

(2) the message being considered immediately, and having priority over the discussion of the matter of public importance until its completion.

 18MESSAGE FROM THE SENATE—Safeguard Mechanism (Crediting) Amendment Bill 2023

In accordance with the resolution agreed to earlier this sitting—

Message No. 118, 30 March 2023, from the Senate was reported returning the Safeguard Mechanism (Crediting) Amendment Bill 2023 with amendments.

 19DOCUMENTS 

The following documents were presented: 

Australian Institute of Criminology—Review of violent extremism risk assessment tools in Division 104 control orders and Division 105A post-sentence orders—Consultancy report by Dr Timothy Cubitt and Dr Heather Wolbers.

Independent National Security Legislation Monitor (INSLM)—Review into Division 105A (and related provisions) of the Criminal Code Act 1995 (Cth).

Privacy Act 1988—Operation and effectiveness of COVIDSafe and the National COVIDSafe Data Store—Report for the periods 16 May to 16 August 2022 and 17 August to 16 February 2022—Fourth report, 15 March 2023.

*Royal Australian Mint—Report for 2021-22—Correction.

Social Media and Online Safety—House of Representatives Select Committee—Social Media and Online Safety—Government response, March 2023.

Social Policy and Legal Affairs—House of Representatives Standing Committee—Inquiry into family, domestic and sexual violence—Government response, March 2023.

*The documents were made Parliamentary Papers.

 20Leave of absence to all Members

Mr Burke (Leader of the House) moved—That leave of absence be given to every Member of the House of Representatives from the determination of this sitting of the House to the date of its next sitting.

 21Aboriginal and Torres Strait Islander Voice Referendum—JOINT SELECT COMMITTEE—MEMBERSHIP

The House was informed that the Chief Opposition Whip had nominated Members to be members of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Mr Burke (Leader of the House), by leave, moved—That Mr Conaghan and Mr Wolahan be appointed members of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Question—put and passed.

 22Aboriginal and Torres Strait Islander Voice Referendum—JOINT SELECT COMMITTEE—MEMBERSHIP

The House was informed that Mr Gee had nominated himself to be a member of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Mr Burke (Leader of the House), by leave, moved—That Mr Gee be appointed a member of the Joint Select Committee on the Aboriginal and Torres Strait Islander Voice Referendum.

Question—put and passed.

 23MESSAGES FROM THE SENATE

Messages from the Senate, 30 March 2023, were reported:

 24MESSAGE FROM THE SENATE

Message No. 119, 30 March 2023, from the Senate was reported returning the Royal Commissions Amendment (Enhancing Engagement) Bill 2023 without amendment.

Question to Speaker, Mr Fletcher, re an update on the questions asked regarding the conduct of divisions.

 25DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—Cost of living

The House was informed that Mr Taylor had proposed that a definite matter of public importance be submitted to the House for discussion, namely, “Ever more expensive mortgages and the pressure on Australians’ cost of living”.

 26ADJOURNMENT

It being 4.30 pm—The question was proposed—That the House do now adjourn.

Debate ensued.

DOCUMENTS 

 The following documents were deemed to have been presented on 30 March 2023 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk): 

 Aged Care Act 1997—Aged Care Legislation Amendment (Quarterly Financial Reports) Principles 2023 [F2023L00367].

Biosecurity Act 2015—Biosecurity (Foot and Mouth Disease Biosecurity Response Zone) Amendment (Gold Coast Airport) Determination 2023 [F2023L00365].

Customs Act 1901—Customs By-Laws 2023 [F2023L00366].

Defence Act 1903—Woomera Prohibited Area Rule 2014—Woomera Prohibited Area Rule 2014 Determination of Exclusion Periods for Amber Zone 1 and Amber Zone 2 for Financial Year 2023-2024 [F2023L00363].

Financial Sector (Collection of Data) Act 2001—

Financial Sector (Collection of Data) (reporting standard) determination No. 22 of 2023 [F2023L00338]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 23 of 2023 [F2023L00310]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 24 of 2023 [F2023L00337]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 25 of 2023 [F2023L00264]—Rectified authorised version.

Financial Sector (Collection of Data) (reporting standard) determination No. 26 of 2023 [F2023L00275]—Rectified authorised version.

Financial Sector (Collection of Data) (reporting standard) determination No. 29 of 2023 [F2023L00318]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 30 of 2023 [F2023L00319]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 31 of 2023 [F2023L00257]—Rectified authorised version.

Financial Sector (Collection of Data) (reporting standard) determination No. 32 of 2023 [F2023L00268]—Rectified authorised version.

Financial Sector (Collection of Data) (reporting standard) determination No. 33 of 2023 [F2023L00311]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 35 of 2023 [F2023L00312]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 36 of 2023 [F2023L00302]—Replacement explanatory statement.

Financial Sector (Collection of Data) (reporting standard) determination No. 37 of 2023 [F2023L00300]—Replacement explanatory statement.

Higher Education Support Act 2003—Higher Education (Maximum Amount for Special Purpose Advances) Specification 2023 [F2023L00362].

Parliamentary Business Resources Act 2017—Parliamentary Business Resources Regulations 2017—Advice of decision to pay assistance—23 March 2023 [2].

Public Governance, Performance and Accountability Act 2013—Notice under section 72—Commonwealth acquired shares in National Intermodal Corporation Limited—23 March 2023.

Public Service Act 1999—Public Service Regulations 2023 [F2023L00368].

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988—Safety, Rehabilitation and Compensation (Defence-related Claims)—Guide to the Assessment of the Degree of Permanent Impairment 2023 [F2023L00364].

ATTENDANCE

All Members attended (at some time during the sitting) except Mr Willcox, Mr R Wilson and Mr Wood.

* On leave