James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

With the concurrence of the Senate, the statement of reasons accompanying the request circulating this bill will be incorporated in Hansard immediately of the request to which they relate.

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I table four supplementary explanatory memoranda relating to the government amendments and requests for amendments to be moved to the bills.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

The opposition has already made their position clear in relation to the Housing Australia Future Fund Bill 2023, and that is that we're not supporting it for the reasons that have been articulated on many occasions. But I am particularly keen to understand from the government exactly where the Housing Affordability Future Fund and associated bills actually are in terms of the financial commitments and the other commitments that have been made by the government in order for them to be able to seek the support of the necessary number of people in this chamber for the passage of these bills. Clearly, they have been able to do that, otherwise we wouldn't be standing here today.

We started off during the election with a $10 billion fund that was supposed to generate $500 million per year to go towards certain housing. We're not exactly sure about what that housing is because there doesn't appear to be any definition in the bill about what particular types of housing products actually are. Subsequent to the election commitment of a $10 billion off-balance-sheet, financially engineered, weird fund, we've seen a $2 billion commitment to the states and territories that was made some time ago in relation to housing, and this week we saw that the government has agreed to an additional $1 billion package in order to secure the Greens' support for this. So we now have a $13 billion housing fund. As we stand here today, we haven't even passed this legislation through this place. We have seen a 30 per cent blowout in the cost of this fund, and the legislation has not even been voted on yet.

What I am very keen to understand from the Minister is: is $13 billion all that has been committed to the passage of this piece of legislation, or have there been other deals done that we are unaware of? The reason I'm asking that is that I noticed yesterday and the day before, when the Greens made their statements publicly about their intent to now support this particular bill, that the Greens shadow housing spokesperson representative—or whatever they call them in the Greens—Mr Chandler-Mather made some comments in relation to some commitments he was seeking in relation to rent-capping. The first question I'd like to ask the Minister is: has the government made any commitments in relation to supporting rent-capping in order to get the support of the Australian Greens for the passage of this particular piece of legislation through this place?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I think the simplest way of answering the question is to say that the additional commitment that has been made over the course of the last few days and week is an additional $1 billion. The commitment that the government made earlier this year was in the context of the national cabinet discussions, and that was very public. I think everybody understands what the nature of that commitment was.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Unfortunately, I don't think everybody does understand the nature of some of the deals that have been done, because, I've got to say, transparency doesn't seem to be a hallmark of this government. Whatever dirty deals that were done with the Greens in order to support this, I note that the Minister said the support was a $1 billion package. I wonder if you are able to provide details of what that $1 billion package actually looks like so the Australian public can get some sort of understanding about what the government is prepared to pay for in order to get these particular bills through this place.

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

It's an additional $1 billion to NHFIC—which will become Housing Australia—which will be used to build more affordable homes.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I'm also keen to understand if any other deals have been done with any other crossbenchers for their support? As an example, and I will be specific, did the government make a deal with Senator David Pocock? Is the ACT receiving any additional funding over and above what their pro rata funding would otherwise have been from this fund?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

The only arrangements the government has made will be reflected in the amendments that are before the Senate. The government has made a range of agreements in terms of issues like accessibility issues that will be reflected in the amendments and the voting position of the government in relation to those questions. Beyond the publicly available measures that the government has identified, there are no other measures—and not in relation to particular states, beyond what has been publicly available.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

STON (—) (): Just to be really clear and to get it on the record: did the government make any agreement or come to any arrangement with the Australian Greens in relation to inheritance taxes?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

No.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Did the government make any agreement or come to any arrangement with the Greens in order to get their support in relation to taxing on franking credits?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

No.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

enator RUSTON (—) (): Did the government make any agreement or come to any arrangement with the Greens to gain their support on superannuation taxes?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I sense there's a pattern developing here, but no.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

That's really good news, because clearly the Australian public deserve to know the basis behind any of these deals. But obviously the proof of the accuracy of those responses will be in any decisions that get taken into the future in relation to those really important issues. We know the Australian Labor Party went to the election making a whole heap of promises to the Australian public about their behaviour, and subsequent to the election we have only seen them change their mind and backflip on so many of these things. The Australian public should be very concerned about the willingness of this government, what it's prepared to do, when it needs to get some piece of legislation through.

The reality is that as we're standing here today we've got a piece of legislation that we know is faulty—and I'll ask some questions of the minister in relation to that in a minute. We know it's a really dodgy piece of legislation, because if the government was really determined to put through and provide additional funding to this type of housing then why on Earth is it not on the balance sheet? That is the question every Australian taxpayer should be asking: why have they gone and engineered this weird financial instrument, which is only ever used in quite extreme circumstances like the future fund? Why on Earth have they put it off balance sheet, particularly at a time when they're making a whole heap of commitments in relation to the amount of money that's going to be expended each year as a result of this particular fund? Yet anybody who's done economics 101 would understand that what the government is promising here is not able to be delivered.

To that end, Minister: during your second reading concluding remarks you made a commitment that $500 million would be disbursed every year, plus indexation. First of all, I believe it was a funding cap of $500 million. In your contribution, Minister, you were quite clear that $500 million would be disbursed every year. So, I'm just seeking clarification from you: is it a funding cap of up to $500 million a year? Or is it that, as you said in your second reading statement, $500 million a year plus indexation will be disbursed every year subsequent to 2024?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

There was a range of questions in there that went to, firstly, the bona fides of the government's arrangements that have been made in order to collaborate with colleagues on the crossbench to ensure the support of this legislation. The government has been completely transparent about those matters, entirely consistent with the government's approach on not just a range of issues that you raised there but on all the issues. Senators and the public can be absolutely confident that the arrangements that the government has reached are entirely public and entirely transparent. That stands in contrast to the efforts that were made in the passage of pieces of legislation over the course of the last three unhappy governments, and it stands in contrast to the secret arrangements that the Liberals have with the Nationals, which is never revealed. It is kept locked tight in a crypt somewhere over there in somebody's office. So we won't be lectured about transparency in relation to the arrangements here. There will be a series of amendments that will be dealt with by the Senate. The government's voting decisions on that will be entirely public.

I think your second broadly grouped set of questions, Senator Ruston, went to the nature of the fund itself. This is not an unusual arrangement. It's a very similar arrangement to the Clean Energy Finance Corporation, the National Reconstruction Fund, the medical research fund—I'm not calling it by its proper name, but I think we know the fund that I mean—and the Future Fund established by Mr Costello and Mr Howard. These are all allocations of funds that are designed to earn income in perpetuity, essentially—unless the parliament changes its approach to those funds—and to provide a source of income that is dedicated to a particular public policy purpose. The public policy purpose that is set out here is to build affordable homes to lift the supply of housing for low-income Australians who are experiencing housing stress. That is the public purpose. That is what that income will be allocated to.

In agreement with the crossbench, in order to be absolutely clear about what is going to be provided here, there is a minimum $500 million disbursement. As I've discussed, it may, of course, be more. If the income of the fund is higher, it is open to the fund to allocate more. There are arrangements that are dealt with in the second reading speech that go to the reviews and the capacity of those amounts to be adjusted over time for indexation purposes and other purposes.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I just seek clarity there, Minister: did you say that it would be a minimum of $500 million per year disbursed?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

Yes.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I'm keen to understand what would happen in circumstances where the fund doesn't make a profit. Last year, for example, the fund wouldn't have made a profit, based on the information that's been provided in relation to how the fund might work—but we haven't seen the fund's mandate, so we actually are still a bit in the dark about exactly how you're going to run this fund. Minister, we know that there could be a situation where the fund actually loses money. There are quite clearly many opportunities for a fund of this nature not necessarily to make a five per cent return—a net return, because of course we have to pay interest on this fund before we actually start drawing any benefit from it. So I'm keen to understand: what is the mechanism for the guaranteeing of $500 million per year plus indexation? In circumstances where the fund does not generate the necessary $500 million, where is the money coming from?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I just want to check that I'm absolutely clear. You say 'the mechanism', Senator Ruston. The mechanism is that the legislation provides for a minimum $500 million disbursement. The nature of these kinds of funds, of which there are many in Australia and around the world, is that they have investment objectives and are designed to exist for a very long period of time. The investment objectives are set with regard to what is an expected and reasonable rate of return. The government will monitor the operations of this fund closely, as I'm sure the government of the Howard and Costello period monitored the operations of the Future Fund. That fund also had requirements it had to meet in relation to the superannuation obligations that the fund was designed to provide for. Subsequent governments—the Rudd and Gillard governments and the Abbott, Turnbull and Morrison governments—have all had a responsibility to monitor the performance of those funds over time.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Thank you for the history lecture, but I was quite keen to understand something specifically from you, Minister, with specific reference to this particular fund. In the circumstances where the fund does not make a profit sufficient to enable the full $500 million disbursement to be made out of the profits, how will the fund provide those disbursements?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

It will provide the minimum disbursements in the event that the rate of return that is anticipated is not met in any given year. That minimum disbursement will be made over the long term. As is the nature of all these funds, the investment objectives will be met over time. That is in the nature of all these funding arrangements. They are not novel, and they're certainly not new to governments of various persuasions that have administered these funds over the course of many decades.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Thank you, Minister, but I don't know that I can be much clearer. How will the funds that are going to be disbursed be provided for in the absence of the fund providing them? Are they going to be disbursed from the $10 billion? Are they going to be provided through other government appropriations or other budgetary mechanisms? If we do not have sufficient profit made in a particular year, where will the funds come from?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

The funds will come from the fund. I should say that disbursements will come from the fund, if that's any clearer.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Does that continue to happen if the fund doesn't make a return for a protracted period?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

That same question could be directed to a range of these funds that are allocated for these purposes. That is why, indeed, the amount that the government has allocated to the fund is the $10 billion amount. It is designed to be an amount sufficient to meet the publicly stated purpose of the fund—that is, to disburse a minimum of $500 million every year. A significant upfront credit of $10 billion provides an enduring source of funding for social and affordable homes. You would anticipate that the nature of setting investment objectives is that the task of the fund is to meet the investment objectives. It is also true to say that no matter what the investment vehicle is, public or private, that investment objectives are not always met in any given year. That's why, in order to provide clarity here about the fund's capacity to meet its public policy objectives, a $500 million allocation is made.

The fund will leverage the Future Fund Board of Guardians to generate investment returns that can be used to improve housing outcomes for Australians. The existing investment funds have provided consistent and reliable annual disbursements. The Future Fund board has a proven track record of delivering long-term investment returns that have in fact exceeded its investment mandate. This has been delivered with acceptable, but not excessive, risk that can build sustainable investment funds into the future. The Grattan Institute senior economist Brendan Coates said in the Senate inquiry:

… other future funds have continued to disburse moneys even when the fund hasn't given a return in a year.

All of those funds that are disbursed will go to housing every year.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Minister, I'm just wondering about this. You also made a comment during your second reading summing-up speech that the Future Fund's investment mandate will be released shortly. Could you perhaps, first of all, advise when? What is 'shortly'? And will there be any opportunity for any consultation in relation to that investment mandate once it's released?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

Sorry, could you repeat the second half of that question?

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I'm just keen to understand if the investment mandate is being released in draft form for public consultation, or will it just be released?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

or AYRES (—) (): Thank you for repeating that. The draft investment mandate will be released over the course of the coming weeks—not months. It will be in draft form and there will be a consultation process to provide not just visibility of the government intentions in terms of the draft mandate but also an opportunity for stakeholders to engage with the government if there's a view that any amendments ought to be sought.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Minister, to that end, is it possible to provide the modelling that was undertaken by government in determining its position in relation to $500 million being the appropriate disbursement level from the fund? Has that modelling been done, and is it available?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

Of course, the decision for a minimum $500 million annual disbursement from next year and the decisions around the investment mandate all come together. The government has sought a range of advice, including about setting an appropriate level to achieve the government 's objective here, which is a minimum of 30,000 homes being built over the course of the next five years. That's the objective, and the government sought a range of advice, as you would expect.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Minister, is there no modelling available to support the decision by the government that $500 million was an appropriate disbursement minimum from a $10 billion fund?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

I think a question about the government providing modelling and advice to cabinet meets with a predictable response—I recall asking a similar question a few years ago and meeting what I thought was a stonewall from former Minister Cormann. The government has sought a range of advice in making decisions around the drafting of this legislation in our discussions with the crossbench and stakeholders as the Senate committee proceeded, in order to meet our public policy objectives.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

I'm also interested to get clarity on the record about how the government intends to pay the interest bill on the borrowed $10 billion.

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

It'll just be met in the normal way.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

It'd be good, Minister, if you'd actually put on the record that it will be paid from within the fund. So could I seek clarification from you that the interest will be paid from within the fund?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

It is clear in the budget that those expenses in relation to providing the $10 billion allocation are provided for in the budget in the normal way, in the way that all other expenditures of the government are provided for in a budget context. Of course, the May budget is a budget in which the government has returned to surplus—not a projected one, but a real one. All of the allocations that the government has made are there for everybody to see in the context of the budget. We didn't project a surplus and then not deliver it; we delivered a surplus and returned most of that surplus to savings, and we've made some prudent allocations to meet the public policy objectives that the government made clear in the election.

In fact, the passage of this legislation through the Senate today would mean, in terms of the substantial commitments that the government made during the course of the election, that we have, despite the trenchant opposition of those opposite, worked our way through all of those election commitments. This is a government that does what it says it was going to do. In fact, in relation to the Housing Australia Future Fund, this is a commitment that we made in the context of what was not recognised by the previous government as a problem. We have made a significant commitment here and a significant series of commitments more broadly in terms of our housing policy.

James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

Just so the committee is aware, I'm taking the call back from Senator Ruston. Senator Roberts, I had indicated earlier, and I'll try to oscillate from the other side of the chamber. I'm going to Senator Faruqi, and then I'll come to you.

Mehreen Faruqi (NSW, Australian Greens) Share this | Link to this | Hansard source

As we made clear yesterday, the Greens will be supporting the passage of this bill through the Senate after reaching an agreement with the government on an additional $1 billion in immediate funding for public and community housing, which is on top of the $2 billion that we had already forced from this government. Importantly, instead of the government's gamble on the stock market, we also secured an agreement from the government to guarantee a flow of $500 million in annual disbursements from the Housing Australia Future Fund, to which some of the government amendments before the committee today give effect and which we will be supporting.

I'm also proud that the Greens have been able to push Labor to build these homes to a high disability standard as part of these negotiations. From day one, we have been crystal clear and completely transparent about what we have been asking for to tackle this housing crisis that millions in our community are struggling and suffering under, and the agreements with the government move us in that direction. There is nothing sinister about these agreements, as the opposition seems to imply—probably because they judge everyone from their standard. I also want to make clear that while many of the non-government amendments before the Senate have merit, because of the agreement with the government, we will only be supporting amendments that give effect to that agreement. Finally, as our second reading amendment makes clear, we will continue our fight for a rent freeze and for rent caps. The community movement for renters' rights has grown immensely over the last nine months, and the Greens will not stop until the federal and state Labor governments are forced to respond to the scale of the rental and housing crisis in this country.

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Minister, I'm a servant to the people of Queensland and Australia. In that capacity, I note that this bill is completely unnecessary. It's not needed. Here's why: if the government cut Australia's immigration intake by just 10 per cent of the current one million arrivals, it would save the building of many more houses than Labor claims this fund will build. The housing crisis will lessen. Instead, we are here dealing with dirty deals done dirt cheap. The deals are cheap for the Greens, yet taxpayers will be paying billions. As a servant to the people of Queensland and Australia, I note that the people of Australia are disgusted to look at this parliament and see the rotten horse-trading and deal-making going on. The Greens hold themselves up on their moral high horse and virtue-signal to the world that they are the pure ones while telling everyone what to do. In reality, they're down in the mud doing dirty deals like the rest of them.

What deal do we have to look at today? The government is going to build and own houses—not the people of Australia but the government. This is full-blown communism delivered express to your door. As the infamous Klaus Schwab of the World Economic Forum has repeatedly told the world already, 'You will own nothing, and you will be happy.' The goal of the Greens and Labor is to come into this chamber to preach to the world that they're helping Australians—helping you. The Greens' rent caps have already led directly to faster rent increases, because landlords understandably want to get ahead of the rent caps. The Greens are already hurting renters. The housing crisis is a problem that government created entirely.

The government is now claiming to have the solution. That's a fraud, Minister. The Albanese Labor government has allowed one million people to arrive in this country in just one year. That's 460,000 in net migration and 540,000 students visas. Every one of those needs a bed and a roof over their head. That's not to mention the additional 200,000 other visas. That's 1.2 million. A population flood the size of Adelaide has hit this country in 12 months. That's the cause of the housing and rental crisis. It's completely government made. If your rent has gone up, you can't afford a house or you can't even find a place to live, like the people in regional Queensland towns living in caravans, tents, parks and cars and under bridges. Just remember this: the Albanese Labor government brought one million people into this country in one year.

With this bill, the Albanese government is claiming that it will build a few thousand houses and fix the problem. Who will build them? Supply chains for materials are still damaged due to the government's COVID reaction and mismanagement, which shattered supply chains. The energy crisis has been inflicted due to the government adopting the UN 2050 net zero policy and driving up energy costs. Australia's tradies already build houses at the fourth-fastest rate in the OECD. There's a question that has to be answered: can we more quickly build even more houses? Trying to flood this industry that is already at capacity with huge amounts of taxpayer money is only going to make the funnel spill over. That will mean millions and potentially billions of your taxes wasted. Let's not forget the government's figures. They think they can build a house in Australia for $83,000. What kind of house is that? They must be smoking some powerful stuff over in the ministry for housing. It doesn't matter how many billions this government wants to spend; we will never be able to build enough houses to catch up with the current rate of immigration. That is a clear fact. It's basic arithmetic. It's practical.

Next: what do the Greens want us to use to build these houses? They won't let us use timber. There is a bill on the Notice Paper right now that the Greens introduced to end sustainable forest logging. Timber is the only resource that's truly renewable, yet the Greens have a bill saying we can't harvest the wood used in house frames while claiming with this bill that they want to build more houses. I guess that is okay. We can just build houses with steel frames, right? Not according to the Greens. Too many ingredients in making steel are coal and iron ore, Australia's two major mining commodities. The Greens want to end mining in Australia, so we would have nothing with which to make the steel. So the Greens say they want to build more houses—virtue signalling—yet if Australia implemented their policies we would have no steel, no wood with which to build houses. And if our coal, iron ore and timber industries survived the Greens blight, prices of house timber and steel will be far higher thanks to the Greens restrictions. The hypocrisy is so damn thick we could cut it with a knife.

The Greens policies are antihuman. One Nation's policy includes many solutions to the government-created housing crisis, taken together holistically because the problem is many factored. Among these immediate solutions to the housing crisis is that we must cut immigration immediately, reduce our arrivals to zero net immigration, meaning only allow the same number of people into the country as the number that leave so departures cancel out arrivals. As Australians know, this country is already bursting at the seams. A cut to immigration would allow our housing stock, our essential services—hospitals, our schools—and other services time to catch up. If we don't stop immigration or cut immigration, life is going to get far, far worse for Australians, and it is already getting bad with the cost of living being the No. 1 problem on people's minds. To continue this unprecedented immigration intake in the face of the housing and cost-of-living crisis is an act of criminal negligence against the Australian people.

Minister, why is the government allowing one million students and permanent migrants into the country in just 12 months? How many houses does the government expect the million student and permanent migrant arrivals will need? How many houses does the government expect to build in 12 months? How many houses will the government's allocation of taxpayer funds build?

Tim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | Link to this | Hansard source

There was, in fact, a question at the end there. The government does not support the policy prescription that you've offered on migration. While you can hear echoes of the proposition that you've just put in relation to migration in some of what is best described as circular comments of the Leader of the Opposition on migration and housing, in fact, migration will be an important part and has been an important part of the housing industry in Australia since World War II. In fact, if you spend time on any building site in Australia, what you will find are migrants, permanent and temporary—mostly permanent—who in fact make up a very large part of the labour force building homes, building apartment blocks, building shopping centres all over Australia.

The government's migration settings will be made over time and will be made in the national interest. I hear your argument with your colleagues down here in the Greens' political party. The government has always made it very clear: where there are constructive suggestions from anyone on the crossbench we will work with people—senators and members—across the parliament in the national interest where there are sensible amendments proposed to reach agreement on legislation in its passage through this parliament.

There is nothing like the disappointment of a crossbench senator who doesn't feel like they've got their way in the process, but I've heard the complaints from crossbench senators over the short time I have been here. I'll just assure you, and all of the crossbench senators, that the government's approach has been consistent in terms of this legislation and will be consistent in the future. Where there are opportunities for constructive discussion about government legislation then we will engage in that.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

We're getting close to the 11:45 guillotine that the government has put on this really important set of bills, which is really disappointing. As I said in my previous contributions in this place, it's really disappointing that, once again, we see the Australian taxpayer having to be the one who forks out because of Labor's botched policy development. If only the Labor Party had actually bothered to put together an appropriate product to take to the market to address the issue they were seeking to deliver on, instead of just coming in with this ridiculous $10 billion off-balance-sheet financially engineered thing that we know is very unlikely to deliver the kinds of funds which would enable the disbursement that Senator Ayres is crowing this fund will be able to deliver.

As I said, once again, it's the poor old taxpayers of Australia who are the ones who will have to suck up the cost to them. That's because, at the end of the day, as a general rule governments don't have money; it's usually out the pockets of taxpayers that we have money to fund these things. We had an amount of $2 billion sent to the states and territories earlier in the year to make sure we had them on side, and now there's another billion dollars of taxpayer funds to fix this up so they could buy the support of the Greens.

Here we are, standing here today—before we have even passed this legislation—with a 30 per cent blowout in the Housing Australia Future Fund. The legislation hasn't even gone through this place yet! We're also having a guillotine, because, clearly, those opposite don't want us to continue to ask questions about where they're getting the money from, what the modelling is and why they've failed to define terms such as 'social housing', 'affordable housing' and 'acute housing'. These are really fundamental definitions in order for us to understand what this particular legislation is going to do. In the absence of those definitions, we can only imagine the opportunity for the states and territories to use these disbursements and to use this fund as a slush fund. They could do whatever they like with the money that this government is obviously going to channel through to them.

This is just another classic example of a rushed, headline policy that has not had the detail dealt with and, once again, Australian taxpayers and the people who are impacted by this will be the ones who suffer. We actually don't know whether there will be one house delivered by this. Clearly, the Greens have managed to convince the government to put in a minimum disbursement of $500 million. We have no modelling to understand whether that $500 million is even a realistic amount of money to be delivered as a net gain from this fund over a period of time. And we're not talking about this fund generating $500 million, because of course the interest has to come out of it. We don't know what the modelling is around the interest and we don't know what the government is expecting. But what we do know is that if we base it on what happened last year—if this fund had been in place last year—not only would it not have made any money it would actually have lost money. So the question the government needs to answer for the Australian public is: how long is this $10 billion actually going to last under the current circumstances? We have great volatility in our markets and there are no security provisions in there in order to save for a rainy day. That's because they have agreed with the Greens that the disbursement is a minimum of $500 million. If the fund makes more than that—please, it would be great if it did—they're going to disburse all those funds. So they will disburse the extra funds in the years they make more than the net $500 million—if they do—but there's no provision for what they're going to do in putting money away for the years when they don't make the money.

The opposition will not be supporting the Housing Australia Future Fund Bill because we believe that it's absolutely bad policy and the IMF has said that it's bad policy. Once again, this government is just shoving something through here with no regard or consultation simply because they want tick off an election commitment and to hell with the consequences!

Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

Minister, you voted against our second reading amendment, which basically says 'get back to net zero immigration', but you also failed to answer my questions. Why is the government allowing one million students and permanent migrants into the country in just 12 months? How many houses does the government expect a million students and permanent migrant arrivals will need? How many houses does the government expects to build in 12 months?

James McGrath (Queensland, Liberal National Party, Shadow Assistant Minister to the Leader of the Opposition) Share this | Link to this | Hansard source

The time for consideration of these bills has expired. I will now put the questions required to conclude consideration of the bills. I will first go to amendments and requests circulated by the government.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

Could I seek that sheet QT101 be separated out from the grouping of the other government amendments?

The TEMPORARY CHAIR: Certainly.

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

The question before the committee is that the requests for amendments on sheet UC149 to the Housing Australia Future Fund Bill 2023, the amendment on sheet UC142 to the Housing Australia Future Fund Bill 2023 and the amendment on sheet ZC221 to the Treasury Laws Amendment (Housing Measures No. 1) Bill 2023 be agreed to.

Gove rnment's circulated requests for amendments in respect of the Housing Australia Future Fund Bill 2023

SHEET UC149

(1) Clause 4, page 5 (after line 16), after the definition of derivative, insert:

designated annual amount has the meaning given by section 33B.

(2) Clause 12, page 13 (line 14), omit "section 33", substitute "sections 33 and 33A".

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

(b) the Finance Minister is satisfied that the transfer will not:

(i) if the financial year is the financial year beginning on 1 July 2023—contravene section 36 (annual limit); or

(ii) if the financial year is a financial year beginning on or after 1 July 2024—cause the total amount debited from the Housing Australia Future Fund Special Account under this section and sections 29 and 33 during the financial year to exceed the designated annual amount for the financial year;

(4) Clause 29, page 26 (line 23), omit "The", substitute "If the financial year is the financial year beginning on 1 July 2023, the"

(5) Clause 29, page 26 (after line 25), after subclause (4), insert:

(4A) If the financial year is a financial year beginning on or after 1 July 2024, the Finance Minister must not give a direction under subsection (2) if doing so would cause the total amount debited from the Housing Australia Future Fund Special Account under this section and sections 26 and 33 during the financial year to exceed the designated annual amount for the financial year.

(6) Clause 32, page 28 (after line 10), after the paragraph beginning "Amounts will be", insert:

(7) Heading to clause 33, page 28 (line 11), omit "Transfers", substitute "Requested transfers".

(8) Clause 33, page 29 (lines 7 and 8), omit paragraph (4)(b), substitute:

(b) the Finance Minister is satisfied that the transfer will not:

(i) if the financial year is the financial year beginning on 1 July 2023—contravene section 36 (annual limit); or

(ii) if the financial year is a financial year beginning on or after 1 July 2024—cause the total amount debited from the Housing Australia Future Fund Special Account under this section and sections 26 and 29 during the financial year to exceed the designated annual amount for the financial year;

(9) Page 30 (after line 9), after clause 33, insert:

33A Guaranteed transfers from the Housing Australia Future Fund Special Account to the Housing Australia Special Account

(1) This section applies if, at the start of 1 June in a financial year beginning after 30 June 2024, the total amount (the total debited amount) that has been, or will be, debited from the Housing Australia Future Fund Special Account under sections 26, 29 and 33 during the financial year is less than the designated annual amount for the financial year.

(2) The Finance Minister must, in writing, direct that a specified amount (which must equal the designated annual amount for the financial year minus the total debited amount) is to be:

(a) debited from the Housing Australia Future Fund Special Account; and

(b) credited to the Housing Australia Special Account;

on a specified day before the end of the financial year.

(3) A direction under subsection (2) is not a legislative instrument.

(4) If the Finance Minister personally gives a direction under subsection (2), the Finance Minister must give a copy of the direction to the Housing Minister and the Treasurer.

(5) If a delegate of the Finance Minister gives a direction under subsection (2), the delegate must give a copy of the direction to the Treasury Department.

33B Meaning of designated annual amount

The designated annual amount for a financial year is:

(a) if a determination in force under section 33C specifies the amount applicable to the financial year—that amount; or

(b) otherwise—$500 million.

Note: If no determination has been made under section 33C, the designated annual amount is indexed in accordance with section 33E. If a determination has been made under section 33C, the determination may provide for the designated annual amount to be indexed in accordance with the determination.

33C Determination of designated annual amount

(1) The responsible Ministers may, by legislative instrument, determine that, for the purposes of paragraph 33B(a), a specified amount is the designated annual amount for:

(a) a specified financial year; or

(b) a specified financial year and each subsequent financial year.

Note: For variation and revocation, see subsection 33(3) of the Acts Interpretation Act 1901.

(2) A determination under subsection (1) must not have the effect of reducing the designated annual amount for a financial year.

(3) A determination under subsection (1) may make provision for and in relation to the indexation of the designated annual amount for a financial year.

(4) A determination under subsection (1) must be made before the start of the first financial year to which the amount specified in the determination is applicable.

(5) In making a determination under subsection (1), the responsible Ministers must have regard to:

(a) the advice given by the Future Fund Board under section 33D in relation to the impact of the making of the determination on the ability of the Future Fund Board to comply with this Act and the Housing Australia Future Fund Investment Mandate; and

(b) such other matters (if any) as the responsible Ministers consider relevant.

(6) If the responsible Ministers make a determination under subsection (1) (the initial determination), the responsible Ministers must ensure that a determination under subsection (1) is in force at all times after the initial determination is made.

(7) If the responsible Ministers vary a determination under subsection (1) to specify a different amount, the variation must be made before the start of the first financial year to which the varied amount is applicable.

33D Determination of designated annual amount — advice given by the Future Fund Board

(1) Before making a determination under subsection 33C(1), the responsible Ministers must give the Future Fund Board a written notice that:

(a) sets out a draft of the determination; and

(b) requires the Future Fund Board to:

(i) give advice to those Ministers about the impact of the making of the determination on the ability of the Future Fund Board to comply with this Act and the Housing Australia Future Fund Investment Mandate; and

(ii) do so within the period specified in the notice; and

(c) requires the Future Fund Board, in giving that advice, to have regard to:

(i) the Housing Australia Future Fund Investment Mandate; and

(ii) such other matters (if any) as are specified in the notice.

(2) The Future Fund Board must comply with a requirement in a notice under subsection (1).

(3) A period specified under subparagraph (1)(b)(ii) must not be shorter than 60 days after the notice is given.

(4) A matter specified under subparagraph (1)(c)(ii) must not be inconsistent with:

(a) this Act; or

(b) the Housing Australia Future Fund Investment Mandate.

(5) Paragraph (1)(c) does not, by implication, limit the matters to which the Future Fund Board may have regard.

(6) The advice given by the Future Fund Board in accordance with subparagraph (1)(b)(i) must be tabled in each House of the Parliament with the relevant determination.

Note: As the determination is a legislative instrument, it is also tabled in each House of the Parliament under section 38 of the Legislation Act 2003.

33E Indexation of designated annual amount

(1) At the start of each financial year (an indexation year) after the financial year ending on 30 June 2029, the designated annual amount is replaced by the amount worked out using the following formula:

(2) However, subsection (1) does not apply in relation to a financial year if a determination under subsection 33C(1) has been made in relation to that financial year or a previous financial year.

(3) The indexation factor for an indexation year is the number worked out using the following formula:

where:

base quarter means the last March quarter before the reference quarter.

index number, for a quarter, means the All Groups Consumer Price Index number (being the weighted average of the 8 capital cities) published by the Australian Statistician for that quarter.

refere nce quarter means the March quarter in the last year before the indexation year.

(4) An indexation factor is to be calculated to 3 decimal places (rounding up if the 4th decimal place is 5 or more).

(5) Amounts worked out under subsection (1) are to be rounded to the nearest whole dollar (rounding 50 cents upwards).

(6) An indexation factor that is less than 1 is to be increased to 1.

(7) Calculations under subsection (3):

(a) are to be made using only the index numbers published in terms of the most recently published index reference period; and

(b) are to be made disregarding index numbers that are published in substitution for previously published index numbers (except where the substituted numbers are published to take account of changes in the index reference period).

(10) Clause 34, page 30 (before line 11), insert:

Requested transfers

(11) Clause 34, page 30 (line 11), before "If", insert "(1)".

(12) Clause 34, page 30 (after line 17), at the end of the clause, add:

Guaranteed transfers

(2) If an amount (the credited amount) has been credited under paragraph 33A(2)(b) to the Housing Australia Special Account, the Housing Minister must:

(a) ensure that the Housing Australia Special Account is debited for the purposes of making a payment of an amount equal to the credited amount to Housing Australia for the purpose specified in paragraph 47C(1)(b) of the Housing Australia Act 2018; and

(b) do so as soon as practicable after the credited amount has been credited.

Note: Under subsection 47C(2A) of the Housing Australia Act 2018, such a payment enables Housing Australia to make grants and loans in relation to acute housing needs, social housing or affordable housing.

(13) Heading to Part 5, page 31 (line 1), omit "Annual Limit", substitute "Limit".

(14) Clause 35, page 31 (line 6), omit "an annual", substitute "a".

(15) Clause 35, page 31 (line 7), after "Account", insert "in the financial year beginning on 1 July 2023".

(16) Clause 36, page 31 (lines 8 to 14), omit the clause, substitute:

36 Limit on amounts debited from the Housing Australia Future Fund Special Account

The total amount debited from the Housing Australia Future Fund Special Account under sections 26, 29 and 33 during the financial year beginning on 1 July 2023 must not exceed $500 million.

(17) Clause 38, page 32 (line 17), omit "and 33", substitute ", 33 and 33A".

(18) Clause 41, page 34 (line 11), omit "section 33", substitute "sections 33 and 33A".

(19) Clause 61, page 45 (line 8), omit "or 33", substitute ", 33 or 33A".

(20) Clause 65, page 47 (line 25), omit "section 33", substitute "sections 33 and 33A".

————

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.

Amendment (9)

The effect of this amendment is to provide for a set amount to be credited each financial year into the National Housing Finance and Investment Corporation Special Account (established by section 47A of the National Housing Finance and Investment Corporation Act 2018) from the Housing Australia Future Fund Special Account (established by section 10 of the Bill). It also provides that a higher set amount may be determined and that if no higher set amount is determined, the set amount will be indexed for each financial year that begins after 30 June 2029.

This will increase the amount that will be paid each financial year from the Special Accounts mentioned above, with those payments being made out of the Consolidated Revenue Fund under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

Amendment (12)

The effect of this amendment is to provide for the set amount that is credited each financial year to the National Housing Finance and Investment Corporation Special Account (established by section 47A of the National Housing Finance and Investment Corporation Act 2018) to be debited from that Special Account.

This will increase the amount that will be paid each financial year from the National Housing Finance and Investment Corporation Special Account, with those payments being made out of the Consolidated Revenue Fund under the standing appropriation in section 80 of the Public Governance, Performance and Accountability Act 2013.

Consequential amendments

All other amendments on sheet UC149 are consequential on the amendments mentioned above.

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

Amendments (9) and (12)

If the effect of the amendments 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 amendments be moved as requests.

Remaining amendments

The remaining amendments are consequential on the requests. 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.

Government's circulated amendments in respe ct of the Housing Australia Future Fund Bill 2023

SHEET UC142

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

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

SHEET ZC221

(1) Schedule 2, page 19 (after line 3), after item 12, insert:

12A At the end of section 48

Add:

(3) The Investment Mandate may include a direction that the Board must, for the purposes of subsections (1) and (2), disregard liabilities or loans of a specified type.

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

The next question is that the amendment to the National Housing Supply and Affordability Council Bill 2023 on sheet QT101 be agreed to.

Government's circulated amendment—

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

Question agreed to.

The next question before the chair is that Senator David Pocock's amendments on sheet 2012 to the National Housing Supply and Affordability Council Bill 2023 be agreed to.

Senator David Pocock's circulated amendments—

(1) Clause 22, page 13 (after line 20), after paragraph (2)(h), insert:

(ha) accessibility for people with disability;

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

Senator Pocock, it's been indicated to me that you may wish to split the next question, in relation to sheet 2110, to be put as a separate question.

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

Yes, please, if that's alright.

Andrew McLachlan (SA, Deputy-President) Share this | Link to 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.

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

We come to the remaining question before the committee, which is in relation to sheets 1882 and 2105, standing in the name of the opposition.

Anne Ruston (SA, Liberal Party, Shadow Minister for Health and Aged Care) Share this | Link to this | Hansard source

My understanding is that there is a different voting intention on a pair request in relation to sheets 1882 and 2105. I would seek, if that's the case, for them to be put separately. I believe Senator Thorpe was voting differently.

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

I'm advised by the table staff that because the first question in relation to schedule 4 standing as printed was resolved in the affirmative, that I'm only to move 2105 now. So there will only be one question put. I intend to put it. The question now before the committee is that the remaining amendments on sheet 2105 to the National Housing Supply and Affordability Council Bill 2023 be agreed to.

Opposition's circulated amendments—

(1) 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 one of the appointed members has a substantial connection to, or substantial experience in, one or more regional areas of Australia through business, industry or community involvement.