Parliament of Australia

Draft Minutes

No. 89

Thursday, 3 December 2020

- 9:30:18 AM

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.

- 9:31:33 AM

2RETURN TO WRIT—Groom DIVISION

The Speaker announced that he had received a return to the writ which he had issued on 26 October 2020 for the election of a Member to serve for the electoral division of Groom, in the State of Queensland, to fill the vacancy caused by the resignation of John Joseph McVeigh. By the endorsement on the writ, it was certified that Garth Russell Hamilton had been elected.

- 9:32:39 AM

3OATH OF ALLEGIANCE BY MEMBER

Garth Russell Hamilton made and subscribed the oath of allegiance required by law.

- 9:34:43 AM

4National Emergency Declaration Bill 2020

Mr Porter (Attorney-General), pursuant to notice, presented a Bill for an Act to provide for the declaration of national emergencies, and for related purposes.

Document

Mr Porter presented an explanatory memorandum to the bill.

Bill read a first time.

- 9:35:15 AM

Mr Porter moved—That the bill be now read a second time.

- 9:45:04 AM

Debate adjourned (Mr Perrett), and the resumption of the debate made an order of the day for the next sitting.

- 9:45:26 AM

5National Emergency Declaration (Consequential Amendments) Bill 2020

Mr Porter (Attorney-General), pursuant to notice, presented a Bill for an Act to deal with consequential matters arising from the enactment of the National Emergency Declaration Act 2020, and for related purposes.

Document

Mr Porter presented an explanatory memorandum to the bill.

Bill read a first time.

- 9:45:52 AM

Mr Porter moved—That the bill be now read a second time.

- 9:49:01 AM

Debate adjourned (Ms Murphy), and the resumption of the debate made an order of the day for the next sitting.

- 9:49:25 AM

6Regulatory Powers (Standardisation Reform) Bill 2020

Mr Porter (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the Regulatory Powers (Standard Provisions) Act 2014 and to apply that Act to various Commonwealth Acts, and for related purposes.

Document

Mr Porter presented an explanatory memorandum to the bill.

Bill read a first time.

- 9:50:00 AM

Mr Porter moved—That the bill be now read a second time.

- 9:54:26 AM

Debate adjourned (Mr Perrett), and the resumption of the debate made an order of the day for the next sitting.

- 9:54:48 AM

7Australian Immunisation Register Amendment (Reporting) Bill 2020

Mr Hunt (Minister for Health), pursuant to notice, presented a Bill for an Act to amend the Australian Immunisation Register Act 2015, and for related purposes.

Document

Mr Hunt presented an explanatory memorandum to the bill.

Bill read a first time.

- 9:55:16 AM

Mr Hunt moved—That the bill be now read a second time.

- 10:11:58 AM

Debate adjourned (Mr Perrett), and the resumption of the debate made an order of the day for the next sitting.

- 10:12:21 AM

8Surveillance Legislation Amendment (Identify and Disrupt) Bill 2020

Mr Dutton (Minister for Home Affairs), pursuant to notice, presented a Bill for an Act to amend the Surveillance Devices Act 2004, and for other purposes.

Document

Mr Dutton presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:12:48 AM

Mr Dutton moved—That the bill be now read a second time.

- 10:24:13 AM

Debate adjourned (Mr Perrett), and the resumption of the debate made an order of the day for the next sitting.

- 10:24:40 AM

9National Collecting Institutions Legislation Amendment Bill 2020

Mr Fletcher (Minister for Communications, Cyber Safety and the Arts), pursuant to notice, presented a Bill for an Act to amend the law relating to national collecting institutions, and for related purposes.

Document

Mr Fletcher presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:24:59 AM

Mr Fletcher moved—That the bill be now read a second time.

- 10:36:41 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:37:04 AM

10Telecommunications Amendment (Infrastructure in New Developments) Bill 2020

Mr Fletcher (Minister for Communications, Cyber Safety and the Arts), pursuant to notice, presented a Bill for an Act to amend the Telecommunications Act 1997, and for related purposes.

Document

Mr Fletcher presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:37:25 AM

Mr Fletcher moved—That the bill be now read a second time.

- 10:42:12 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:42:35 AM

11Industrial Chemicals Environmental Management (Register) Bill 2020

Ms Ley (Minister for the Environment), pursuant to notice, presented a Bill for an Act relating to the environmental management of industrial chemicals, and for other purposes.

Document

Ms Ley presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:43:03 AM

Ms Ley moved—That the bill be now read a second time.

- 10:48:38 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:48:58 AM

12Industrial Chemicals Legislation Amendment Bill 2020

Ms Ley (Minister for the Environment), pursuant to notice, presented a Bill for an Act to amend the law relating to industrial chemicals, and for related purposes.

Document

Ms Ley presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:49:21 AM

Ms Ley moved—That the bill be now read a second time.

- 10:50:51 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:51:03 AM

13Industrial Chemicals Environmental Management (Register) Charge (General) Bill 2020

Ms Ley (Minister for the Environment) presented a Bill for an Act to impose charge on registered introducers of industrial chemicals, so far as that charge is neither a duty of customs nor a duty of excise, and for related purposes.

Document

Ms Ley presented an explanatory memorandum to the bill and the Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020 and the Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020.

Bill read a first time.

- 10:51:47 AM

Ms Ley moved—That the bill be now read a second time.

- 10:53:11 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:53:22 AM

14Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020

Ms Ley (Minister for the Environment) presented a Bill for an Act to impose charge on registered introducers of industrial chemicals, so far as that charge is a duty of customs, and for related purposes.

Bill read a first time.

- 10:53:51 AM

Ms Ley moved—That the bill be now read a second time.

- 10:54:46 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:55:01 AM

15Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020

Ms Ley (Minister for the Environment) presented a Bill for an Act to impose charge on registered introducers of industrial chemicals, so far as that charge is a duty of excise, and for related purposes.

Bill read a first time.

- 10:55:24 AM

Ms Ley moved—That the bill be now read a second time.

- 10:56:24 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 10:56:40 AM

16Customs Tariff Amendment (Incorporation of Proposals and Other Measures) Bill 2020

Mr Wood (Assistant Minister for Customs, Community Safety and Multicultural Affairs) presented a Bill for an Act to amend the Customs Tariff Act 1995, and for related purposes.

Document

Mr Wood presented an explanatory memorandum to the bill.

Bill read a first time.

- 10:57:10 AM

Mr Wood moved—That the bill be now read a second time.

- 11:04:23 AM

Debate adjourned (Ms Kearney), and the resumption of the debate made an order of the day for the next sitting.

- 11:04:38 AM

17 Foreign Investment Reform (Protecting Australia’s National Security) Bill 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—

- 11:05:02 AM

Debate resumed by Dr Chalmers who moved, as an amendment—

That all words after “That” be omitted with a view to substituting the following words:

“whilst not declining to give the bill a second reading, the House notes the concerns and uncertainty around the implementation of this bill and the Coalition Government’s broader failures on foreign investment”.

Debate ensued.

- 11:20:27 AM

Cognate debate with Foreign Acquisitions and Takeovers Fees Imposition Amendment Bill 2020.

Mr Sharma, 11:20:43 AM. Dr Leigh, 11:32:52 AM. Ms Flint, 11:47:48 AM. Mr Katter, 12:02:52 PM.

- 12:03:07 PM

Mr Katter moved, as an amendment to the amendment proposed by Dr Chalmers—

That all words after “whilst” be omitted with a view to substituting the following words:

“not declining to give the bill a second reading, the House calls on the Government to immediately stop all foreign takeovers of agricultural lands and place a ban on the acquisition of assets of strategic economic importance or strategic defensive importance to Australia”.

Debate ensued.

Mr T. R. Wilson, 12:18:42 PM. Mr Wilkie, 12:25:16 PM. Dr Gillespie, 12:33:38 PM. Mr Zappia, 12:46:48 PM. Mr Wallace, 1:00:29 PM. Mr J. H. Wilson, 1:15:13 PM.

- 1:27:42 PM

Debate adjourned (Mr Irons—Assistant Minister for Vocational Education, Training and Apprenticeships), and the resumption of the debate made an order of the day for a later hour this day.

- 1:28:18 PM

18MESSAGE FROM THE SENATE—Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020

Message No. 261, 3 December 2020, from the Senate was reported returning the Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020 with an amendment.

- 1:28:42 PM

Ordered—That the amendment be considered immediately.

- 1:29:00 PM

On the motion of Mr Irons (Assistant Minister for Vocational Education, Training and Apprenticeships), the amendment was agreed to.

- 1:29:46 PM

19MEMBERS’ STATEMENTS

Members’ statements being made—

Mr Shorten, 1:30:03 PM. Mr Sharma, 1:31:23 PM. Mr Giles, 1:32:58 PM. Mr Wallace, 1:34:29 PM. Ms Stanley, 1:36:07 PM. Mr Stevens, 1:37:41 PM. Mr Gosling, 1:39:14 PM. Mr Thompson, 1:40:56 PM.

- 1:42:37 PM

Petition

Mr Wilkie presented the following petition approved by the Standing Committee on Petitions:

Kurdistan—80 petitioners.

- 1:43:19 PM

Members’ statements continued.

Mr van Manen, 1:43:50 PM. Ms Murphy, 1:45:15 PM. Mr Vasta, 1:46:53 PM. Ms L. M. Chesters, 1:48:29 PM. Dr Webster, 1:50:04 PM. Ms Ryan, 1:51:34 PM. Mr Simmonds, 1:53:04 PM. Ms Liu, 1:54:45 PM. Mr Jones, 1:56:21 PM. Mr K. J. Andrews, 1:57:55 PM. Mr Watts, 1:59:34 PM.

- 2:00:35 PM

20QUESTIONS

- 2:00:43 PM

(1)Ms Burney to Mr Robert (Minister representing the Minister for Families and Social Services)

Point of order, Mr Burke. 2:03:22 PM. Mr Robert, 2:03:35 PM.

- 2:04:57 PM

(2)Ms Bell to Mr Robert (Minister for the National Disability Insurance Scheme)

- 2:08:21 PM

(3)Ms Burney to Mr Robert (Minister representing the Minister for Families and Social Services)

- 2:10:00 PM

(4)Ms Hammond to Mr Morrison (Prime Minister)

- 2:13:27 PM

(5)Mr Albanese to Mr Robert (Minister representing the Minister for Families and Social Services)

- 2:15:39 PM

(6)Mr Bandt to Mr Morrison (Prime Minister)

- 2:19:15 PM

(7)Mr Christensen to Mr McCormack (Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development)

- 2:22:36 PM

(8)Ms L. M. Chesters to Mr Hunt (Minister for Health)

Point of order, Mr Burke. 2:24:58 PM. Mr Hunt, 2:25:28 PM.

- 2:27:11 PM

(9)Mr Goodenough to Mr Frydenberg (Treasurer)

- 2:30:28 PM

(10)Ms C. F. King to Mr McCormack (Deputy Prime Minister and Minister for Infrastructure, Transport and Regional Development)

- 2:34:42 PM

Member directed to leave

At 2.35 pm the Member for Kingsford Smith (Mr Thistlethwaite) was directed, under standing order 94, to leave the Chamber for one hour for continuing to interject after a warning had been given by the Chair and he accordingly left the Chamber.

- 2:35:00 PM

Questions without notice continuing—

Point of order, Mr Albanese. 2:35:08 PM. Mr McCormack, 2:35:18 PM.

- 2:35:36 PM

(11)Mr Ramsey to Mr Frydenberg (Treasurer)

- 2:39:07 PM

(12)Mr Burke to Mr Porter (Minister for Industrial Relations)

- 2:40:52 PM

(13)Dr Martin to Mr Hunt (Minister for Health)

- 2:44:22 PM

(14)Mr Marles to Mr Taylor (Minister for Energy and Emissions Reduction)

- 2:47:09 PM

Member directed to leave

At 2.47 pm the Member for Brand (Ms M. M. H. King) was directed, under standing order 94, to leave the Chamber for one hour for continuing to interject after a warning had been given by the Chair and she accordingly left the Chamber.

- 2:47:28 PM

Questions without notice continuing—

- 2:47:32 PM

(15)Ms Flint to Mrs K. L. Andrews (Minister for Industry, Science and Technology)

- 2:50:55 PM

(16)Ms O’Neil to Mr Porter (Minister for Industrial Relations)

- 2:52:15 PM

(17)Mr Young to Mr Dutton (Minister for Home Affairs)

- 2:55:33 PM

(18)Mr Shorten to Mr Robert (Minister for Government Services)

Point of order, Mr Porter. 2:56:24 PM.

- 2:57:09 PM

(19)Mr Thompson to Mr Porter (Attorney-General)

- 3:00:39 PM

(20)Mr Shorten to Mr Robert (Minister for Government Services)

- 3:01:39 PM

Member directed to leave

At 3.02 pm the Member for Isaacs (Mr Dreyfus) was directed, under standing order 94, to leave the Chamber for one hour for continuing to interject after a warning had been given by the Chair and he accordingly left the Chamber.

- 3:01:56 PM

Questions without notice continued.

Mr Robert, 3:02:03 PM. Point of order, Mr Shorten. 3:02:16 PM. Point of order, Mr Porter. 3:02:56 PM. Mr Robert, 3:04:03 PM.

- 3:05:08 PM

(21)Mr Conaghan to Mr Littleproud (Minister for Agriculture, Drought and Emergency Management)

- 3:08:36 PM

(22)Mr Shorten to Mr Robert (Minister for Government Services)

- 3:10:05 PM

(23)Mr Sharma to Mr Taylor (Minister for Energy and Emissions Reduction)

- 3:13:20 PM

Mr A. D. H. Smith (Speaker), read a statement from Mr Hayes, Chief Opposition Whip.

- 3:14:43 PM

Mr Morrison, by indulgence, made a statement on the same matter.

- 3:14:43 PM

Mr Albanese, by indulgence, made a statement on the same matter.

- 3:16:39 PM

21DOCUMENTS

The following documents were presented:

Australian Commission for Law Enforcement Integrity—Parliamentary Joint Committee—Examination of the annual report of the Integrity Commissioner 2018-19—Government response, December 2020.

Climate Change Authority—Review of the Emissions Reduction Fund—October 2020.

*High Court of Australia—Report for 2019-20.

*The document was made a Parliamentary Paper.

- 3:17:01 PM

Personal explanation, Dr Allen.

Mr Husic, 3:19:40 PM.

- 3:20:34 PM

22DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—Robodebt

The House was informed that Mr Shorten had proposed that a definite matter of public importance be submitted to the House for discussion, namely, “The Government’s failure to take responsibility for its illegal robodebt scheme”.

- 3:20:53 PM

The proposed discussion having received the necessary support—

- 3:20:57 PM

Mr Shorten addressed the House.

- 3:31:04 PM

Discussion ensued.

Mr Robert, 3:31:09 PM. Mr Dick, 3:41:16 PM. Mr Connelly, 3:46:16 PM. Ms Coker, 3:51:21 PM. Mr Christensen, 3:55:09 PM. Mr D. P. B. Smith, 4:00:18 PM. Mr Alexander, 4:05:11 PM. Ms Stanley, 4:10:15 PM.

- 4:15:34 PM

Discussion concluded.

- 4:16:13 PM

23Intelligence and Security—Parliamentary Joint Committee—REPORT—STATEMENTS BY MEMBERS

Mr Hastie (Chair) presented the following document:

Intelligence and Security—Parliamentary Joint Committee—Advisory report on the Australian Security Intelligence Organisation Amendment Bill 2020—Report, incorporating a dissenting report, December 2020.

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

Mr Hastie, 4:16:22 PM. Mr Dreyfus, 4:18:51 PM.

- 4:19:00 PM

Mr Hastie and Mr Dreyfus, by leave, made statements in connection with the report.

- 4:20:28 PM

24MESSAGE FROM THE SENATE—Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020

Message No. 262, 3 December 2020, from the Senate was reported returning the Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020 with an amendment.

- 4:20:55 PM

Ordered—That the amendment be considered immediately.

- 4:21:08 PM

Mr Gee (Minister for Decentralisation and Regional Education) moved—That the amendment be disagreed to.

- 4:21:21 PM

Debate ensued.

Mr Marles, 4:21:25 PM.

- 4:24:37 PM

Question—put.

- 4:24:49 PM

Division 519

The House divided (the Speaker, Mr A. D. H. Smith, in the Chair)—

AYES, 62

Mr Alexander	Ms Flint	Mr Littleproud	Mr Simmonds
Dr Allen	Mr Frydenberg	Ms Liu	Mr Stevens
Mrs K. L. Andrews	Mr Gee	Mr McCormack	Mr Sukkar
Mr K. J. Andrews	Dr Gillespie	Mrs McIntosh	Mr Taylor
Mrs Archer	Mr Goodenough	Dr Martin	Mr Tehan
Ms Bell	Mr Hamilton	Mr Morrison	Mr Thompson
Mr Broadbent	Ms Hammond	Mr Ted O’Brien	Mr Tudge
Mr D. J. Chester	Mr Hastie	Mr O’Dowd	Mr van Manen
Mr Christensen	Mr Hawke	Mr Pasin	Mr Vasta
Mr Conaghan	Mr Hunt	Mr Pearce	Mr Wallace
Mr Connelly	Mr Joyce	Mr Pitt	Dr Webster
Mr Coulton	Mr Katter	Mr Porter	Mr R. J. Wilson
Mr Drum*	Mr C. Kelly	Ms Price	Mr T. R. Wilson
Mr Dutton	Mr Laming	Mr Ramsey*	Mr Wyatt
Mr Entsch	Mr Leeser	Mr Sharma	Mr Young
Mr Fletcher	Ms Ley

NOES, 58

Dr Aly	Mr Conroy	Ms M. M. H. King	Ms Ryan
Mr Bandt	Mr Dick	Dr Leigh	Ms Sharkie
Ms Bird	Mr Dreyfus	Ms McBain	Mr Shorten
Mr Bowen	Mr Fitzgibbon	Mr Marles	Mr D. P. B. Smith
Mr Burke	Dr Freelander*	Mr R. G. Mitchell	Mr Snowdon
Ms Burney	Mr Georganas	Dr Mulino	Ms Stanley*
Mr Burns	Mr Giles	Ms Murphy	Ms Steggall
Mr M. C. Butler	Mr Gosling	Mr Neumann	Ms Templeman
Ms T. M. Butler	Dr Haines	Ms O’Neil	Mr Thistlethwaite
Mr Byrne	Mr Hill	Ms Owens	Ms Vamvakinou
Dr Chalmers	Mr Husic	Mr Perrett	Mr Watts
Ms L. M. Chesters	Mr Jones	Mrs Phillips	Mr Wilkie
Mr Clare	Ms Kearney	Ms Rishworth	Mr J. H. Wilson
Ms Claydon	Mr Khalil	Ms Rowland	Mr Zappia
Ms Coker	Ms C. F. King

* Tellers

Pairs

Mr Wood	Ms Swanson
Mr Morton	Mr B. K. Mitchell
Mr Hogan	Mrs Elliot
Mr Falinski	Ms Wells
Mr Coleman	Mr Champion
Mr Zimmerman	Ms Thwaites
Mr Howarth	Mr Gorman
Ms Landry	Mr Keogh
Mr L. S. O’Brien	Mr O’Connor
Mr Evans	Ms Collins
Mr Buchholz	Mr Albanese
Mr Irons	Mr Hayes
Mrs Wicks	Ms Payne
Mrs Marino	Ms McBride

And so it was resolved in the affirmative.

- 4:32:07 PM

Mr Gee presented reasons, which were circulated, and are as follows:

Reasons of the House of Representatives for disagreeing to the amendment of the Senate

The House of Representatives has already agreed to Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020 and to remove the schedule would compromise the integrity of the bill. Accordingly, the House of Representatives does not accept this.

On the motion of Mr Gee, the reasons were adopted.

- 4:32:24 PM

25ADJOURNMENT

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

Debate ensued.

Mr Giles, 4:32:36 PM. Mr Hastie, 4:36:57 PM. Mr Georganas, 4:40:53 PM.

- 4:41:08 PM

Petition

Mr Georganas presented the following petition approved by the Standing Committee on Petitions:

Companion animals in food service businesses—1,277 petitioners.

- 4:45:53 PM

Debate continued.

Ms Liu, 4:45:56 PM. Dr Freelander, 4:50:59 PM. Dr Martin, 4:56:02 PM.

- 5:01:11 PM

The House continuing to sit until 5 pm—The Speaker adjourned the House until 10 am on Monday, 7 December 2020.

- 5:01:28 PM

DOCUMENTS

The following documents were deemed to have been presented on 3 December 2020 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk):

A New Tax System (Goods and Services Tax) Act 1999—Goods and Services Tax: Waiver of Tax Invoice Requirement (Corporate Card Statements) No. 2 Determination 2020 [F2020L01518].

Agricultural and Veterinary Chemicals Code Act 1994—Agricultural and Veterinary Chemicals Code (MRL Standard) Amendment Instrument (No. 10) 2020 [F2020L01521].

National Vocational Education and Training Regulator Act 2011—National Vocational Education and Training Regulator (Data Provision Requirements) Instrument 2020 [F2020L01517].

Native Title Act 1993—Native Title (Recognition as Representative Body—Cape York Land Council) Instrument 2021 [F2020L01520].

Public Governance, Performance and Accountability Act 2013—Commonwealth Procurement Rules 14 December 2020 [F2020L01519].

- 5:01:35 PM

ATTENDANCE

All Members attended (at some time during the sitting) except Mr Buchholz, Mr Champion, Mr Coleman, Ms Collins, Mr Evans, Mr Falinski, *Mr Gorman, Mr Hayes, *Mr Keogh, Ms Landry, Ms McBride, Mr B. K. Mitchell, Mr O’Connor, *Ms Payne, Ms Swanson, *Ms Thwaites, *Ms Wells and Mrs Wicks.

* On leave

House of Representatives - Draft Minutes

Draft Minutes