Senate debates

Monday, 30 November 2009

Carbon Pollution Reduction Scheme Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (Consequential Amendments) Bill 2009 [No. 2]; Australian Climate Change Regulatory Authority Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (Charges — Customs) Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (Charges — Excise) Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (Charges — General) Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (CPRS Fuel Credits) Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme (CPRS Fuel Credits) (Consequential Amendments) Bill 2009 [No. 2]; Excise Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009 [No. 2]; Customs Tariff Amendment (Carbon Pollution Reduction Scheme) Bill 2009 [No. 2]; Carbon Pollution Reduction Scheme Amendment (Household Assistance) Bill 2009 [No. 2]

In Committee

8:54 pm

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Minister for Climate Change and Water) Share this | Hansard source

by leave—I move government amendments and requests (1) to (5) on sheet CJ229:

(1)    Clause 2, page 2 (table item 2), omit the table item, substitute:

2.  Schedule 1

1 July 2011.

However, if section 3 of the Carbon Pollution Reduction Scheme Act 2009 does not commence before or on 1 July 2011, the provision(s) do not commence at all.

2A.  Schedule 1A

Immediately after the commencement of Schedule 5 to the Social Security and Other Legislation Amendment (Pension Reform and Other 2009 Budget Measures) Act 2009.

However, if that Schedule does not commence, the provision(s) do not commence at all.

2B.  Schedule 2

1 July 2011.

However, if section 3 of the Carbon Pollution Reduction Scheme Act 2009 does not commence before or on 1 July 2011, the provision(s) do not commence at all.

(2)   Clause 2, page 2 (after table item 5), insert:

5A.  Schedule 3, Part 3

Immediately after the commencement of Schedule 5 to the Veterans’ Affairs and Other Legislation Amendment (Pension Reform) Act 2009.

However, if the provision(s) covered by table item 3 do not commence, the provision(s) covered by this table item do not commence at all.

(3)    Page 19 (after line 15), after Schedule 1, insert:

Schedule 1A—Other Social Security Act amendments 

Social Security Act 1991

1  Subsection 1061ZAAZ(2) (at the end of the definition of adjusted taxable income)

Add:

   ; and (c)    if the person (the claimant) was a member of a couple at the end of the year—the superannuation benefits (within the meaning of that Act) (if any) received by the person who was the claimant’s partner at that time in relation to the income year to the extent to which those benefits are non-assessable non-exempt income (within the meaning of that Act).

2  Subparagraph 1061ZAAZB(1)(g)(v)

Omit “$280”, substitute “$240”.

3  Subparagraph 1061ZAAZB(1)(h)(iv)

Omit “$385”, substitute “$330”.

4  Paragraph 1061ZAAZC(b)

Omit “$550”, substitute “$500”.

5  Paragraph 1206GI(a)

Omit “1.8%”, substitute “1.5%”.

Note:                The heading to section 1206GI is altered by omitting “1.8%” and substituting “1.5%”.

6  Section 1206GI (note)

Repeal the note, substitute:

Note:   The 1.5% increase includes the Carbon Pollution Reduction Scheme’s estimated cost of living increase of 0.7% for the 2012-2013 financial year, which has also been brought forward. The change to the indexation factor on or after 20 March 2013 under section 1206GM takes account of this second brought forward increase.

7  Subsection 1206GM(2) (definition of brought forward indexation amount)

Omit “0.008”, substitute “0.007”.

8  Subsection 1206GM(2) (example at the end of the definition of brought forward indexation amount)

Omit “1.005”, substitute “1.004”.

9  Subsection 1206GM(2) (example at the end of the definition of brought forward indexation amount)

Omit “0.008”, substitute “0.007”.

10  Subsection 1206GR(3) (paragraph (a) of the definition of CPRS amount)

Omit “1.8%” (wherever occurring), substitute “1.5%”.

Note:                The heading to section 1206GR is altered by omitting “1.8%” and substituting “1.5%”.

11  Subsection 1206GR(3) (note at the end of the definition of CPRS amount)

Repeal the note, substitute:

Note:   The 1.5% increase includes the Carbon Pollution Reduction Scheme’s estimated cost of living increase of 0.7% for the 2012-2013 financial year, which has also been brought forward. Subsection 1206GS(2), and the change to the indexation factor, and living cost indexation factor, on or after 20 March 2013 under section 1206GS, take account of this second brought forward increase.

12  Subsection 1206GS(1) (example)

Omit “1.005”, substitute “1.004”.

13  Subsection 1206GS(1) (example)

Omit “0.008”, substitute “0.007”.

14  Subsection 1206GS(3) (example)

Omit “1.005”, substitute “1.004”.

15  Subsection 1206GS(3) (example)

Omit “0.008”, substitute “0.007”.

16  Subsection 1206GS(4) (paragraph (b) of the definition of brought forward CPI indexation amount)

Omit “0.008”, substitute “0.007”.

17  Subsection 1206GS(4) (paragraph (b) of the definition of brought forward PBLCI indexation amount)

Omit “0.008”, substitute “0.007”.

18  Subsection 1206GU(3) (example)

Omit “1.005”, substitute “1.004”.

Note:                The heading to subsection 1206GU(2) is altered by omitting “1.8%” and substituting “1.5%”.

19  Subsection 1206GU(3) (example)

Omit “0.008”, substitute “0.007”.

20  Subsection 1206GU(4) (definition of brought forward CPI indexation amount)

Omit “0.008”, substitute “0.007”.

21  Subsection 1206GU(4) (definition of CPRS amount)

Omit “1.8%” (wherever occurring), substitute “1.5%”.

22  Subsection 1206GU(4) (note at the end of the definition of CPRS amount)

Repeal the note, substitute:

Note:   The 1.5% increase includes the Carbon Pollution Reduction Scheme’s estimated cost of living increase of 0.7% for the 2012-2013 financial year, which has also been brought forward. The change to the indexation factor on or after 20 March 2013 under subsection (3) takes account of this second brought forward increase.

(4)    Schedule 2, item 2, page 20 (line 17), omit “$60,000”, substitute “$58,000”.

(5)    Schedule 2, item 2, page 20 (line 28), omit “$60,000”, substitute “$58,000”.

Statement of reasons: why certain amendments should be moved as requests

Section 53 of the Constitution is as follows:

Powers of the Houses in respect of legislation

53. Proposed laws appropriating revenue or moneys, or imposing taxation, shall not originate in the Senate. But a proposed law shall not be taken to appropriate revenue or moneys, or to impose taxation, by reason only of its containing provisions for the imposition or appropriation of fines or other pecuniary penalties, or for the demand or payment or appropriation of fees for licences, or fees for services under the proposed law.

The Senate may not amend proposed laws imposing taxation, or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government.

The Senate may not amend any proposed law so as to increase any proposed charge or burden on the people.

The Senate may at any stage return to the House of Representatives any proposed law which the Senate may not amend, requesting, by message, the omission or amendment of any items or provisions therein. And the House of Representatives may, if it thinks fit, make any of such omissions or amendments, with or without modifications.

Except as provided in this section, the Senate shall have equal power with the House of Representatives in respect of all proposed laws.

Amendments (4) and (5)

The effect of these amendments is to expand the circumstances in which a person is eligible to have an amount of FTB combined supplement added in working out the person’s annual rate of family tax benefit (which may increase the amount of expenditure out of the Consolidated Revenue Fund under the standing appropriation in section 233 of the A New Tax System (Family Assistance) (Administration) Act 1999). They are covered by section 53 because they will increase a “proposed charge or burden on the people”.

I do not want to take the chamber’s time with this. I would make the point that these are the amendments to the assistance scheme under the Carbon Pollution Reduction Scheme to reflect the lower assumed carbon price. There has been a lot of talk about this, and I just want to place on the record again: under this government’s scheme, under our plan, 90 per cent of Australian households will receive some form of direct cash assistance. On the current carbon price projections that is worth about $6 billion a year. That is, of Australia’s 8.8 million households some 8.1 million households will receive some form of assistance. The reality is that under this government’s plan, Australian households get the most assistance in moving to the low pollution economy. Despite the scare campaign from those opposite, I again emphasise that this assistance is permanent. We have committed to ensure that this is maintained, and we have also committed to ensure that this assistance can increase in value over time to keep covering household costs. These amendments give effect to the government’s figures which have been circulated in the chamber.

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