Andrew McLachlan (SA, Deputy-President) Share this | Hansard source

The question is that Senator David Pocock's requests for amendments on sheet 1951 and the amendments on sheets 1954, 1955, 1956, 1958, 1959, 1960 and 1961 be agreed to.

Senator David Pocock's circulated requests for amendments in respect of the Housing Australia Future Fund Bill 2023

SHEET 1951

(1) Clause 8, page 10 (line 7), omit "$10 billion", substitute "$20 billion".

(2) Clause 11, page 12 (line 4), omit "$10 billion", substitute "$20 billion".

————

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (2)

Amendment (2) is framed as a request because it amends the bill to increase the amount that is to be initially credited to the Housing Australia Future Fund Special Account from $10 billion to $20 billion.

As the amendment would increase the amount to be credited to a special account, the effect of the amendment would be to increase the amount of expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

Amendment (1)

Amendment (1) is consequential to amendment (2).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (2)

If the effect of the amendment is to increase expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013 then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendment (1)

This amendment is consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

Senator David Pocock's circulated amendments in respect of the Housing Australia Future Fund Bill 2023

SHEET 1954

(1) Clause 33, page 28 (after line 25), after subclause (1), insert:

(1A) The Housing Minister must not make a request under subsection (1) unless:

(a) the Housing Minister has requested the Board of Housing Australia to provide advice on whether the Board endorses the making of the request (including in respect of the amount specified in the request); and

(b) the Board has advised the Housing Minister that the Board endorses the making of the request.

(1B) In considering a request for advice under subsection (1A), the Board of Housing Australia must have regard to Housing Australia's requirements and commitments for the current financial year and future financial years in relation to the performance of its functions under the Housing Australia Act 2018 (in accordance with the Investment Mandate under that Act).

SHEET 1955

(1) Clause 64, page 47 (line 14), omit "power.", substitute "power; or".

(2) Clause 64, page 47 (after line 14), after paragraph (1)(b), insert:

(c) a member of the Board of Housing Australia; or

(d) the Chief Executive Officer of Housing Australia; or

(e) a person who:

(i) is a senior member of the staff of Housing Australia; and

(ii) has the expertise appropriate to the function or power.

SHEET 1956

(1) Clause 65, page 48 (line 24), omit "31 December 2028", substitute "1 July 2026".

Senator David Pocock's circulated amendments in respect of the National Housing Supply and Affordability Council Bill 2023

SHEET 1958

(1) Clause 21, page 12 (lines 7 and 8), omit "APS employees in the Department whose services are made available by the Secretary", substitute "employees of Housing Australia whose services are made available by Housing Australia".

(2) Clause 31, page 18 (lines 4 and 5), omit "APS employees in the Department whose services are made available to the Council, by the Secretary", substitute "employees of Housing Australia whose services are made available to the Council, by Housing Australia".

Senator David Pocock's circulated amendments in respect of the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023

SHEET 1959

(1) Schedule 2, item 3, page 15 (after line 19), after the definition of guarantee function, insert:

research support function: see subsection 8(1D).

(2) Schedule 2, item 4, page 15 (after line 24), after paragraph 8(1)(c), insert:

(ca) the research support function; and

(3) Schedule 2, item 5, page 17 (after line 11), after subsection 8(1C), insert:

Research support function

(1D) Housing Australia's research support function is to undertake research:

(a) to assist it in performing the functions mentioned in paragraphs 8(1)(a) to (c); and

(b) in response to requests from the National Housing Supply and Affordability Council.

SHEET 1960

(1) Schedule 2, item 16, page 19 (after line 27), after section 57B, insert:

57C Review of Housing Australia's operations

(1) The Minister must cause a review of the operations of Housing Australia to be commenced within 3 months after the earlier of:

(a) the day a plan of the Australian Government known as the National Housing and Homeless Plan is first published in a final form; and

(b) the day occurring 2 years after the day this section commences.

(2) The persons undertaking the review must give the Minister a written report of the review within 3 months of the commencement of the review.

(3) The Minister must cause a copy of the report to be tabled in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

SHEET 1961

(1) Schedule 3, page 21 (after line 6), at the end of the Schedule, add:

2 At the end of secti on 51

Add:

Review of guarantee

(4) The Minister must cause a review of the operation of the guarantee under this section to be commenced on or after 1 January 2027, and no later than 1 July 2027.

(5) The persons who conduct the review must give the Minister a written report of the review within 3 months after the commencement of the review.

(6) The Minister must table a copy of the report in each House of the Parliament within 15 sitting days of that House after the report is given to the Minister.

Question negatived.

The question now is that Senator David Pocock's amendments on sheet 2110, in respect of the Housing Australia Future Fund Bill 2023, be agreed to.

Senator David Pocock's circulated amendments—

(1) Clause 2A, page 2 (after line 17), at the end of paragraph (a), add:

(v) people in regional, rural and remote Australia; and

(2) Clause 4, page 7 (after line 28), after the definition of realise, insert:

regional, rural and remote Australia means an area that is classified as inner regional Australia, outer regional Australia, remote Australia or very remote Australia under the Remoteness Structure described in:

(a) the document titled "Australian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure, July 2016", published by the Australian Bureau of Statistics, as amended from time to time; or

(b) the most recent replacement of the document referred to in paragraph (a) that is published by the Australian Bureau of Statistics, as amended from time to time.

Note: The Australian Statistical Geography Standard (ASGS): Volume 5—Remoteness Structure, July 2016 could in 2023 be viewed on the Australian Bureau of Statistics website (https://www.abs.gov.au).

(3) Clause 65, page 47 (line 31), after subparagraph (2)(b)(iii), insert:

and (iv) housing needs in regional, rural and remote Australia;

Question negatived.

I will now deal with the requests and amendments circulated by Senator Thorpe. The question is that Senator Thorpe's requests for amendments on sheet 1864 revised and the amendments on sheets 1883, 1921 and 2108 be agreed to.

Senator Thorpe's circulated re quests for amendments in respect of the Housing Australia Future Fund Bill 2023

SHEET 1864 REVISED

(1) Clause 19, page 19 (after line 15), after subclause (4), insert:

(4A) Without limiting subsection (2), if the grant relates to the construction of new dwellings for social housing, the terms and conditions must provide requirements:

(a) for each of the dwellings to meet the Silver Level requirements, and at least 10% of the dwellings to meet the Platinum Level requirements, of the Livable Housing Australia Design Guidelines, as existing from time to time; and

(b) for each of the dwellings to achieve at least an 8-star energy efficiency rating under the Nationwide House Energy Rating Scheme.

(2) Clause 26, page 24 (line 7), omit "and".

(3) Clause 26, page 24 (lines 8 and 9), omit paragraph (4)(b).

(4) Clause 29, page 26 (lines 23 to 25), omit subclause (4).

(5) Clause 33, page 29 (line 6), omit "and".

(6) Clause 33, page 29 (lines 7 and 8), omit paragraph (4)(b).

(7) Part 5, clauses 35 and 36, page 31 (lines 1 to 14), omit the Part, substitute:

Part 5 — Requirements relating to total amounts of funding and certain priorities

35 Simplified outline of this Part

36 Requirements relating to total amounts of funding and certain priorities

(1) The Housing Minister must ensure that, in each financial year beginning on or after 1 July 2023, a total of at least $5 billion of funding is provided through:

(a) payments in relation to grants made under section 18; or

(b) transfers under section 33.

(2) The Housing Minister must take all reasonable steps to ensure that, during the period beginning on 1 July 2023 and ending on 30 June 2028, at least 150,000 dwellings are constructed for social housing and affordable housing through the provision of funding as mentioned in subsection (1).

(3) The Housing Minister must ensure that at least $500 million of the total funding for each financial year mentioned in subsection (1) is provided for housing, including repairs and maintenance of existing housing, for Indigenous persons across urban, regional and remote areas, in addition to any funding publicly announced before the day the Bill for this Act was introduced into the Senate.

(4) The Housing Minister must ensure that the funding mentioned in subsection (1) includes funding for social housing maintenance and retrofitting, to make progress toward ensuring all social housing dwellings in Australia:

(a) meet the Silver Level requirements of the Livable Housing Australia Design Guidelines, as existing from time to time; and

(b) achieve at least an 8-star energy efficiency rating under the Nationwide House Energy Rating Scheme.

(5) The responsible Ministers must exercise their powers under subsection 11(2) (credits of amounts) in such a way as to ensure the requirements in this section can be satisfied.

(6) The amounts mentioned in subsections (1) and (3) are to be indexed, for each financial year beginning on or after 1 July 2024, in accordance with the rules.

(7) For the purposes of subsection (6), the rules must provide for indexation in line with Consumer Price Index increases.

————

Statement pursuant to the order of the Senate of 26 June 2000

Amendment (7)

Amendment (7) is framed as a request because it amends the bill to remove the annual limit on amounts debited from the Housing Australia Future Fund Special Account and replaces this limit with certain minimum funding requirements. The amendment would increase the level of funding provided under the bill through increased amounts of debits from the Housing Australia Future Fund Special Account.

While funds may initially be transferred to another special account, ultimately the effect of the amendment would be to increase the amount of expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

Amendments (2), (3), (4), (5) and (6)

Amendments (2), (3), (4), (5) and (6) are consequential to amendment (7).

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

Amendment (7)

If the effect of the amendment is to increase the amount of expenditure under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013, then it is in accordance with the precedents of the Senate that the amendment be moved as a request.

Amendments (2), (3), (4), (5) and (6)

These amendments are consequential on the request. It is the practice of the Senate that an amendment that is consequential on an amendment framed as a request may also be framed as a request.

Senator Thorpe's circulated amendments in respect of the National Housing Supply and Affordability Council Bill 2023

SHEET 1883

(1) Clause 3, page 2 (after line 17), after the paragraph beginning "This Act", insert:

This Act also establishes the First Nations Housing Supply and Affordability Authority.

(2) Clause 5, page 3 (after line 7), after the definition of Deputy Secretary, insert:

designated First Nations members has the meaning given by paragraph 22(3)(b).

First Nations person means a person who is:

(a) a person of Aboriginal or Torres Strait Islander descent; and

(b) who identifies as being of Aboriginal or Torres Strait Islander origin; and

(c) who is accepted as such by the community with which the person associates.

(3) Clause 6, page 4 (after line 20), after the paragraph beginning "The Council's", insert:

The First Nations Housing Supply and Affordability Authority is established.

(4) Clause 8, page 5 (line 11), omit paragraph (d), substitute:

(d) at least 9 and no more than 12 other appointed members.

(5) Clause 9, page 6 (after line 19), after subclause (1), insert:

(1A) In performing the functions mentioned in subsection (1), the Council must collaborate with the First Nations Housing Supply and Affordability Authority.

(6) Page 7 (after line 25), after clause 9, insert:

9A First Nations Housing Supply and Affordability Authority

(1) The First Nations Housing Supply and Affordability Authority is established by this section.

(2) The Authority consists of the following members:

(a) the designated First Nations members;

(b) one First Nations representative from each of the following organisations, appointed by the Minister by written instrument:

(i) the National Aboriginal and Torres Strait Islander Housing Association;

(ii) the National Family Violence Prevention Legal Services;

(iii) the First Peoples Disability Network;

(iv) the National Aboriginal Community Controlled Health Organisation;

(v) Black Rainbow;

(c) any other First Nationsperson appointed by the Minister by written instrument.

(3) The Authority has the following functions:

(a) to develop mechanisms to build and sustain the Aboriginal and Torres Strait Islander Community-Controlled Housing sector;

(b) to oversee the development, adoption and enactment of cultural principles into all federal government housing and homelessness frameworks and plans;

(c) to review the adoption and enactment of the cultural principles mentioned in paragraph (b) and monitor and evaluate adherence to these principles;

(d) to develop a specific First Nations housing schedule of works, to track, monitor and evaluate the impacts and outcomes of investments in First Nations housing;

(e) to undertake consultation in all States and Territories on the housing challenges faced by First Nations people;

(f) to collaborate with the National Housing Supply and Affordability Council on decision making in relation to housing challenges faced by First Nations people;

(g) to consult with Commonwealth bodies and any other stakeholders in the housing system or homelessness sector in relation to the performance of any of the above functions;

(h) to perform any other functions conferred on it by this Act or any other Act;

(i) any other functions prescribed by the rules.

(4) In performing the functions mentioned in subsection (3), the Authority must consult with First Nations experts and leaders in the housing, homelessness, and family and domestic violence sectors.

(5) The Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions.

(6) The Minister may, by legislative instrument, prescribe:

(a) matters related to the composition, membership and functions of the First Nations Housing Supply and Affordability Authority; and

(b) the remuneration and allowances (if any) of the members of the First Nations Housing Supply and Affordability Authority; and

(c) any other matters necessary or convenient to be prescribed for carrying out or giving effect to this section.

(7) Before making rules under subsection (6), the Minister must consult with First Nations experts and leaders in the housing, homelessness, and family and domestic violence sectors.

(7) Clause 22, page 13 (lines 27 to 30), omit subclause (3), substitute:

(3) In appointing members, the Minister must ensure that:

(a) the appointed members collectively have an appropriate balance of qualifications, skills or experience in the fields mentioned in subsection (2); and

(b) at least 2 of the appointed members are First Nations persons (the designated First Nations members).

(3A) Despite subsections (2) and (3), the appointed members must include:

(a) 2 persons with lived experience of housing stress due to family and domestic violence; and

(b) 2 persons with lived experience of homelessness.

Senator Thorpe's circulated amendments in re spect of the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023

SHEET 1921

(1) Schedule 2, item 8, page 18 (after line 14), after subsection 10(5), insert:

(5A) Without limiting subsection (5), in the case of a loan or grant that relates to the construction of new dwellings for social housing, the terms and conditions must provide requirements:

(a) for each of the dwellings to meet the Silver Level requirements, and at least 10% of the dwellings to meet the Platinum Level requirements, of the Livable Housing Australia Design Guidelines, as existing from time to time; and

(b) for each of the dwellings to achieve at least an 8-star energy efficiency rating under the Nationwide House Energy Rating Scheme.

Senator Thorpe's circulated amendments in respect of the Housing Australia Future Fund Bill 2023

SHEET 2108

(1) Page 32 (before line 1), before Part 6, insert:

Part 5A — Funding priorities for Indigenous persons

37A Simplified outline of this Part

37B Funding priorities for housing for Indigenous persons

(1) The Housing Minister must take all reasonable steps to ensure that at least 10% of dwellings constructed through the provision of funding in a financial year through payments in relation to grants made under section 18 or transfers under section 33 are constructed for housing for Indigenous persons, in addition to any such dwellings constructed through the provision of funding publicly announced before the day the Bill for this Act was introduced into the Senate.

(2) The Housing Minister must ensure that, in relation to funding provided through payments in relation to grants made under section 18 or transfers under section 33 for housing for Indigenous persons, priority is given to ownership and management of dwellings by Aboriginal and Torres Strait Islander Community-Controlled Housing Organisations, with relevant decisions being made:

(a) on the advice of:

(i) the Housing Policy Partnership established by the council of Commonwealth, State and Territory Ministers that is known, on the day on which this section commences, as the Joint Council on Closing the Gap; and

(ii) the National Housing Supply and Affordability Council; and

(b) in consultation with national, State or Territory peak bodies for Aboriginal and Torres Strait Islander Community-Controlled Housing Organisations.

Question negatived.

I'll now deal with the amendments circulated by the opposition on sheets 1882 and 2105. The question is that schedule 4 of the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023 stand as printed.

Opposition's circulated amendment—

SHEET 1882

(1) Title, page 1 (lines 3 to 5), omit "and to deal with consequential matters arising from the enactment of the Housing Australia Future Fund Act2023,".

(2) Clause 2, page 2 (table item 6), omit the table item.

(3) Schedule 4, page 22 (line 1) to page 30 (line 13), to be opposed.

The question is that schedule 4 of the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023 stand as printed.