Penny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That:

(a) the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018 be considered on Wednesday, 5 December 2018 from noon to 12.35pm, at the time allotted for consideration of government business;

(b) if, by 12.35pm the bill has not been finally considered, the questions on all remaining stages shall be put without debate;

(c) paragraph (b) of this order shall operate as a limitation of debate under standing order 142; and

(d) the provisions of standing order 115(3) shall not apply to the bill, so that the bill may be further considered even if it has been referred to a standing or select committee for inquiry and report. (general business notice of motion no. 1305)

This is a chance for the Senate to actually ensure we protect LGBTIQ kids before we leave this place.

Anne Ruston (SA, Liberal Party, Assistant Minister for International Development and the Pacific) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Foreign Influence Transparency Scheme Legislation Amendment Bill 2018

Higher Education Support (Charges) Bill 2018

Higher Education Support Amendment (Cost Recovery) Bill 2018

Intelligence Services Amendment Bill 2018

Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018.

I also table a statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statement s read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2018 SPRING SITTINGS

Foreign Influence Transparency Scheme Legislation Amendment Bill

Purpose of the Bill

The bill will amend the Foreign Influence Transparency Scheme Act 2018 ('the FITS Act') and the National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 ('the NSLA Act').

The bill will effect two key changes, both of which are intended to ensure that the FITS Act will operate as always intended:

a. The FITS Act will be amended to require the Secretary to continue to publish certain information about registered persons after they cease to be registered, including information that was published about them before their registration ceased. While it was always intended that such information should be published, the FITS Act does not presently allow this. Amending the FITS Act to change this will ensure that the public can access information about both past and present instances of foreign influence registered under the FITS Act.

b. The grace period granted under the NSLA Act will be shortened to a 3 month period which will be further subject to the issuing of election writs. If election writs for either House of Parliament are issued before the end of the new 3 month grace period, persons who would otherwise have been entitled to the grace period will have to register within 14 days of the issuing of the writs. This will ensure that the FITS Act scheme is fully operational in time for the next election as always intended.

Reasons for Urgency

It is critical that the measures in the bill commence in time for the FITS Act's commencement, on 10 December. This will ensure that the FITS Act operates as it was always intended to from the time it first takes effect.

It is also critical that the provisions in the bill commence at least 14 days before the expiry of the shortened three month grace which the bill stipulates, and before election writs for either House of Parliament are issued. This will ensure that FITS Act scheme is fully operational in time for the next election. Undesirable consequences could follow if the shortening of the grace period were to commence later on: the period within which certain persons must register could be retrospectively deemed to have run out; or persons could be left with less time to register than the 14 days that the FITS Act would ordinarily allow.

(Circulated by authority of the Attorney-General)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2018 SPRING SITTINGS

Higher Education Support (Charges) Bill

Higher Education Support Amendment (Cost Recovery) Bill

Purpose of the Bills

The bills establish an application fee for bodies wishing to be approved as higher education providers under the Higher Education Support Act 2003 (HESA) whose students are entitled to FEE-HELP assistance; and a new annual levy for higher education providers whose students receive HECS-HELP assistance or FEE-HELP assistance under HESA. The application fee and annual levy will assist the Department of Education and Training to recover the costs of administering the Higher Education Loan Program (HELP).

Reasons for Urgency

The bills will ensure that the Department of Education and Training's cost recovery arrangements are brought into compliance with requirements of the Australian Government Charging Framework.

To date, the Government has not recovered the costs of administering the HECS-HELP and FEE-HELP loan programs from higher education providers. The Australian Government Charging Framework requires that the full cost of regulatory activity be recovered from those entities that generate the need for the activity unless there is a sound rationale for less than full cost recovery – for example, where new charges are being phased in.

For this reason, the annual levy will adopt a partial cost recovery model that will assist with phasing in the new levy on HECS-HELP and FEE-HELP providers in the higher education sector. The FEE-HELP application fee will adopt a full cost recovery model and will only apply to new applications from providers.

The new charges are scheduled to be implemented from 1 January 2019. Therefore, passage of the legislation before the end of the 2018 Spring sittings is essential. This will provide adequate time for higher education providers to familiarise themselves with the detail of the annual levy and the FEE-HELP application fee, and to adapt their systems for its implementation ahead of the 2019 academic year.

(Circulated by authority of the Minister for Education)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2018 SPRING SITTINGS

Intelligence Services Amendment Bill 2018

Purpose of the Bill

The Bill will improve and modernise the legislative framework that governs the use of force by the Australian Secret Intelligence Service (ASIS) to address key operational challenges and issues.

The Bill will do this by amending the Intelligence Services Act 2001 (IS Act) to:

The Bill includes strict limitations and commensurate oversight mechanisms for such activities including requirements for Ministerial approval following consultation with the Prime Minister, Attorney-General, Defence Minister other relevant Ministers, together with additional measures in respect of oversight by the Inspector-General of Intelligence and Security (IGIS) and the Parliamentary Joint Committee of Intelligence and Security (PJCIS).

Reasons for Urgency

The urgency for the Bill is the need to provide greater certainty and hence protection to ASIS officers in the use of force while undertaking operational activities. In particular, in respect of the ability to:

(Circulated by authority of the Minister for Foreign Affairs, Senator the Honourable Marise Payne)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2018 SPRING SITTINGS

Telecommunications and Other Legislation Amendment (Assistance and Access) Bill 2018

Purpose of the Bill

The purpose of the Bill is to address the impact of encrypted communications and devices on national security and law enforcement investigations. The Bill will allow agencies to adapt to ubiquitous encryption by using alternative collection capabilities including computer access and increasing penalties where people fail to unlock devices in accordance with a judicial order. It also proposes the development of options to require domestic and foreign companies supplying services to Australia to provide greater assistance to agencies. In particular, the Bill provides a framework for agencies to work with the communications sector to assist law enforcement to adapt to the increasingly complex online environment. The Bill requires both domestic and foreign companies supplying services to Australia to provide greater assistance to agencies.

Reasons for Urgency

The Bill requires urgent passage in the 2018 Spring sittings in order for the Australian Government to respond to the increasingly complex online environment.

The measures in this Bill are critical to the Australian Government's ability to pursue investigations of national security significance that could otherwise be frustrated by encrypted communications and devices. Current investigations are being frustrated by the use of anonymising technologies and encryption.

Passage in the 2018 Spring sittings is urgently required to provide law enforcement agencies with alternative collection capabilities and give effect to the Government's commitment to strengthen law enforcement responses to the evolving use of technology in crime.

(Circulated by authority of the Minister for Home Affairs)

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2018 SPRING SITTINGS

Treasury Laws Amendment (Strengthening Corporate and Financial Sector Penalties) Bill 2018

Purpose of the Bill

To strengthen the penalties and enforcement powers of the corporate regulator (ASIC) to protect Australian consumers from corporate and financial sector misconduct.

Reasons for Urgency

To ensure timely implementation for the regulator to be armed with greater powers to effectively deter and prosecute corporate and financial sector misconduct and allow time for any subsequent changes to meet the introduction of the Bill.

(Circulated by authority of the Treasurer)