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.

Mr Fitzgibbon, sought leave to move a motion. Leave not granted.

 2SUSPENSION OF STANDING ORDERS MOVED

Mr Fitzgibbon  moved—That so much of the standing orders be suspended as would prevent the Member for Hunter from moving the following motion forthwith—That the House:

(1)notes that:

(a)this Government is telling Australians to boycott milk produced by Australia’s dairy farmers; and

(b)Australia is now the only country in the world with a Government that is telling consumers to boycott its own nation’s produce; and

(2)therefore, condemns this Government for hurting Australian farmers when they are already doing it so tough.

Mr Katter, sought leave to move a motion. Leave not granted.

 3SUSPENSION OF STANDING ORDERS MOVED

Mr Katter  moved—That so much of the standing orders be suspended as would prevent the Member for Kennedy from moving the following motion forthwith—That the House:

(1)notes that:

(a)it was the National Party which deregulated the dairy industry taking the farmers income from 59c a litre down to 41c a litre;

(b)at the announcement of deregulation there were over 230 dairy farmers on the Atherton Tablelands, now there are 51;

(c)neither the ALP or LNP will introduce arbitration for farmers;

(d)for supply and demand in the free market to work there must be an unlimited number of sellers and buyers; and

(e)dairy farmers in North Queensland have only one processor to sell to and in the whole of Australia effectively only two buyers of milk—the supermarket duopoly; and

(2)therefore, condemns both sides of politics in creating misery and heartache where dairy farmers are the victims of the free market ‘fundamentalists’ in this House.

 4Matter of privilege—STATEMENT BY SPEAKER

The Speaker made the following statement:  

Last Wednesday, the Manager of Opposition Business raised, as a matter of privilege, whether certain actions of the Member for Goldstein in his capacity as Chair of the House Economics Committee constitute an improper interference with the free exercise by the Committee of its authority or functions such as to amount to a contempt of the House.

The specific actions the Manager of Opposition Business referred to in this regard are:
• the apparent organising of a public hearing of the Committee at a certain place and time at the behest of a person with a vested interest in the Committee’s inquiry; and
• the authorisation of a website as the Chair of the Committee through which people could lodge a submission to the inquiry, and register to attend a public hearing of the inquiry by agreeing to be registered for a petition against the Opposition’s policy.

The Manager of Opposition Business presented several documents as supporting information, including media articles, Hansard transcripts of committee proceedings, webpage printouts and printed excerpts from audio files.

I have had the opportunity to review the matter raised by the Manager of Opposition Business and the detailed supporting information.

The task for me under the standing orders is to determine two issues.

The first is whether the matter has been raised at the earliest opportunity. The Manager of Opposition Business noted that some of the circumstances to which he has referred had only come to light very recently, and so I accept that it has been raised at the earliest opportunity.

The second is whether there is a prima facie case of contempt. There is a significant hurdle in section 4 of the Parliamentary Privileges Act 1987 as to whether a matter constitutes a contempt. To constitute a contempt conduct needs to amount, or be intended or likely to amount, to an improper interference with the free exercise by a committee of its authority or functions.

In considering these matters, as I and other Speakers have stated previously, it is important to recognise that the penal power of the House is significant and it should be exercised with restraint.

I appreciate the concerns that may have been raised by the actions of the Member for Goldstein and the actions could be seen to have caused damage to the Committee’s reputation and the reputation of the House committee system more generally. However, I do not believe that evidence has been presented to demonstrate that the Member for Goldstein’s actions have prevented the Committee in a fundamental way from continuing to fulfil its basic responsibilities in relation to its inquiry work. I therefore do not propose to give precedence to a motion to refer the matter to the Committee of Privileges and Members’ Interests.

As I have noted, while I do not believe the actions of the Member for Goldstein meet the test set out in Section 4 of the Privileges Act, I believe his actions have not always conformed with what I see as the conventions usually observed by Chairs of House committees and the practice of House committees. The particular matters I would mention include:
• having a private website ‘authorised by’, and with the badging of, the Chair of the Committee, which appeared to solicit submissions and attendees at public hearings from just one perspective; and
• apparently arranging for a public hearing of the Committee to coincide with the meeting of a group with an active interest in the Committee’s inquiry, including with the possible intention to engage in protest activity at the hearing.

As Members would be aware, it is quite properly the role of the committee secretariat to seek submissions to inquiries and make arrangements for public hearings on behalf of a committee, and committee members and other interested parties should be able to expect that these arrangements will be made without influence or interference. Inevitably political views influence some of the inquiries that committees conduct, but this shouldn’t mean that committees would not approach their task open to the evidence which may be presented and with clear and proper processes. In this case, although I am satisfied there has been the potential for interference with evidence given to the Committee, I have not been provided with material to demonstrate any interference has unduly prevented the Committee from performing its work. If there is such evidence, for example from members of the Committee itself, I would be happy to consider the matter further.

Can I also say in relation to two other matters raised by the Manager of Opposition Business that the handing out of party political material or the display of signs by individual Members at hearings of parliamentary committees should not be tolerated by Chairs.

The Manager of Opposition Business also noted that the Member for Goldstein had apparently failed to declare in a timely way on the Register of Members’ Interests that he had been a director and shareholder of a particular company. He advised that the Member for Isaacs has written to the Committee of Privileges and Members’ Interests in respect of this matter, and I will leave it to that Committee to consider this issue in line with usual practice in accordance with resolutions of this House.

The Manager of Opposition Business also raised the question of whether the Member for Goldstein is in breach of Standing Order 231 which states, in part, that “No Member may sit on a committee if he or she has a particular direct pecuniary interest in a matter under inquiry by the committee. House of Representatives Practice notes (on page 656) that this rule has been interpreted in the very narrow sense of an interest peculiar to a particular person. It states (on pages 656 and 657):

If, for example, a Member were an owner of bank shares he or she would not, for that reason alone, be under any obligation to disqualify himself or herself from serving on a committee inquiring into the banking industry, as the interest would be one held in common with many other people in the community. In the first instance it is a matter for individual committee members to judge whether they may have a conflict of interest in an inquiry.

However, House of Representatives Practice also notes (on page 149) that while no instances have occurred in the House of a Member not sitting on a committee for the reason that he or she was pecuniarily interested, Members have been advised to declare at committee meetings any matters, whether of pecuniary or other interest, where there may be, or may be perceived to be, a possible conflict of interest. I consider this to be good practice.

Finally, having mentioned the role of committee secretariats earlier in this statement, I would like to add that it is my understanding that the secretariat of the House Economics Committee has performed its role properly throughout this inquiry, acting appropriately and impartially in support of the Committee’s work and each of its Members in accordance with established practice.

 5Civil Aviation Amendment Bill 2019

Mr McCormack (Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development), pursuant to notice, presented a Bill for an Act to amend the law relating to civil aviation, and for related purposes.

Document

Mr McCormack presented an explanatory memorandum to the bill.

Bill read a first time.

 6Native Title Legislation Amendment Bill 2019

Mr Porter (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the law relating to native title, and for related purposes.

Document

Mr Porter presented an explanatory memorandum to the bill.

Bill read a first time.

 7Counter-Terrorism (Temporary Exclusion Orders) Bill 2019

Mr Dutton (Minister for Home Affairs), pursuant to notice, presented a Bill for an Act to protect the community from terrorism by providing for temporary exclusion orders, and for related purposes.

Document

Mr Dutton presented an explanatory memorandum to the bill.

Bill read a first time.

 8PUBLIC WORKS—PARLIAMENTARY STANDING COMMITTEE—REFERENCE OF WORK—FIT-OUT OF LEASED PREMISES FOR THE AUSTRALIAN FEDERAL POLICE AT 140 LONSDALE STREET, MELBOURNE, VIC

Mr Gee (Assistant Minister to the Deputy Prime Minister) for Mr Hawke (Special Minister of State), pursuant to notice, moved—That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Fit-out of leased premises for the Australian Federal Police at 140 Lonsdale Street, Melbourne, Victoria.

 9Treatment Benefits (Special Access) Bill 2019—REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber, a Governor-General’s message recommending an appropriation had been reported, and the bill had been agreed to without amendment, and presented a certified copy of the bill.

Bill agreed to.

 10Treatment Benefits (Special Access) (Consequential Amendments and Transitional Provisions) Bill 2019—REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber, a Governor-General’s message recommending an appropriation had been reported, and the bill had been agreed to without amendment, and presented a certified copy of the bill.

Bill agreed to.

 11Export Finance and Insurance Corporation Amendment (Support for Infrastructure Financing) Bill 2019—REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the Federation Chamber had been unable to complete its consideration of the bill and had returned the bill with an unresolved question (see item No. 7, 20 February 2019, Minutes of Proceedings of the Federation Chamber), and presented a certified copy of the bill together with a schedule of the unresolved question.

Unresolved question—That the amendment be agreed to—

 12Migration—Joint Standing Committee—REPORTS—STATEMENTS BY MEMBERS

Mr Wood (Chair) presented the following documents:

Migration—Joint Standing Committee—

The report of the inquiry into review processes associated with visa cancellations made on criminal grounds—Report, incorporating a dissenting report, February 2019.

 13Petitions—Standing Committee—REPORT—STATEMENT BY MEMBER

Mrs Wicks (Chair) presented the following documents:

Petitions—Standing Committee—Your voice can change our future: The inquiry into the future of petitioning in the House—

Report, February 2019.

Minutes of proceedings.

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

 14Tax and Revenue—Standing Committee—REPORT—STATEMENT BY MEMBER—MOTION TO TAKE NOTE OF DOCUMENT—REFERENCE TO FEDERATION CHAMBER

Mr Falinski (Chair) presented the following documents:

Tax and Revenue—Standing Committee—2017 annual report of the Australian Taxation Office: Fairness, functions and frameworks—Performance review—

Report, February 2019.

Minutes of proceedings.

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

 15Departure of Ms Bronwyn Notzon-Glenn—STATEMENT BY SPEAKER

The Speaker informed the House of the forthcoming departure of Ms Bronwyn Notzon-Glenn and thanked her for her service to the House, to Committees and to Members.

 16 Future Drought Fund Bill 2018

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.

Ms Brodtmann, made a valedictory.

 17MEMBERS’ STATEMENTS

Members’ statements were made.

 18QUESTIONS

 19Selection Committee

The Speaker presented the following document:

Report No. 36 relating to the consideration of bills introduced 18 February to 21 February 2019.

 20Auditor-General’s Report

The Speaker presented the following document:

Auditor-General—Audit report No. 28 of 2018-19—Management of Smart Centre's Centrelink telephone services—Follow-up: Department of Human Services.

In accordance with the resolution agreed to on 28 March 2018, the document was made a Parliamentary Paper.

 21DOCUMENTS 

The following documents were presented: 

Aboriginal Land Commissioner—Report on review of detriment: Aboriginal Land Claims recommended for grant but not yet finalised, December 2018.

Migration Act 1958—Section 486O—Assessment of detention arrangements—Personal identifier 1001305-O2, 1002215-O1, 1002234-O1, 1002405-O2, 1002463-O2, 1002480-O2, 1002553-O2, 1002676-O1, 1002801-O1, 1002811-O1, 1002850-O, 1002855-O, 1002859-O, 1002867-O, 1002899-O, 1002903-O, 1002918-O, 1002932-O, 1002935-O, 2000011-O1, 1000030-O2, 1000034-O2, 1000267-O2, 1000785-O2, 1000967-O2, 1001613-O2, 1001818-O2, 1001929-O2, 1002118-O2, 1002151-O2, 1002167-O2, 1002248-O2, 1000023-O2, 1001113-O2, 1001379-O2, 1001519-O3, 1001647-O2, 1001981-O2, 1002163-O2, 1002608-O1, 1002726-O1, 1002797-O1, 1002813-O1, 1002815-O1, 1002900-O, 1002905-O, 1002906-O, 1002907-O, 1002922-O, 1002926-O, 1002928-O, 1002936-O—

Commonwealth and Immigration Ombudsman’s reports—Report No. 2 of 2019.

Government response to Ombudsman’s reports.

National Broadband Network—Joint Standing Committee—The rollout of the NBN in rural and regional areas—Second report of the 45th Parliament—Government response, February 2019.

*Telecommunications (Interception and Access) Act 1979—Commonwealth Ombudsman’s monitoring of agency access to stored communications and telecommunications data—Report for 2016-17.

*In accordance with the resolution agreed to on 28 March 2018, the documents were made Parliamentary Papers.

Ms Bishop, made a statement, by indulgence, on the retiring as the Member for Curtin.

 22Document

The Speaker presented the following document:

Statement by the Speaker on the APH entrances.

 23DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—Education

The House was informed that Ms Plibersek (Deputy Leader of the Opposition) and Mr Katter 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 properly invest in education and Australia’s children”.

 24ADJOURNMENT

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 21 February 2019 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk): 

 Environment Protection and Biodiversity Conservation Act 1999—Threat abatement plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2018) [F2019L00157].

Industry Research and Development Act 1986—Industry Research and Development (Antarctic Science Collaboration Initiative Program) Instrument 2019 [F2019L00154].

National Health Act 1953—National Health (Weighted average disclosed price—April 2019 reduction day) Amendment Determination 2019—PB 9 of 2019 [F2019L00156].

Private Health Insurance Act 2007—Private Health Insurance (Prostheses) Rules 2019 (No. 1) [F2019L00155].

Taxation Administration Act 1953—

Commissioner of Taxation—

Class Rulings—

CR 2016/37 (Addendum).

CR 2019/14, CR 2019/15, CR 2019/16.

Goods and Services Tax Ruling—GSTR 2003/15 (Addendum).

Taxation Ruling—TR 2013/3 (Addendum).

Commissioner’s annual report on the operation of the working holiday maker framework for the period 1 July 2017 to 30 June 2018.

ATTENDANCE

All Members attended (at some time during the sitting) except Mr Hart, Ms Husar, Mr C. A. S. Laundy, Ms Owens and Mr Snowdon.