Senate debates

Thursday, 29 February 2024

Committees

Selection of Bills Committee; Report

11:17 am

Photo of Anne UrquhartAnne Urquhart (Tasmania, Australian Labor Party) Share this | | Hansard source

I present the second report of 2024 of the Selection of Bills Committee. I seek leave to have the report incorporated in Hansard.

Leave granted.

The report read as follows—

SELECTION OF BILLS COMMITTEE

REPORT NO. 2 OF 2024

29 February 2024

MEMBERS OF THE COMMITTEE

Senator Anne Urquhart (Government Whip, Chair)

Senator Wendy Askew (Opposition Whip)

Senator Ross Cadell (The Nationals Whip)

Senator Pauline Hanson (Pauline Hanson's One Nation Whip)

Senator Nick McKim (Australian Greens Whip)

Senator Ralph Babet

Senator the Hon. Anthony Chisholm

Senator the Hon. Katy Gallagher

Senator Matt O'Sullivan

Senator David Pocock

Senator Paul Scarr

Senator Lidia Thorpe

Senator Tammy Tyrrell

Senator David Van

Secretary: Tim Bryant

02 6277 3020

1. The committee met in private session on Wednesday, 28 February 2024 at 7.13 pm.

2. The committee recommends that—

(a) the provisions of the Competition and Consumer Amendment (Fair Go for Consumers and Small Business) Bill 2024 be referred immediately to the Economics Legislation Committee for inquiry and report by 15 March 2024 (see appendix 1 for a statement of reasons for referral);

(b) the Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 24 April 2024 (see appendix 2 for a statement of reasons for referral);

(c) the Fair Work Amendment (Right to Disconnect) Bill 2023 [No. 2] be referred immediately to the Education and Employment Legislation Committee for inquiry and report by 14 March 2024; and

(d) the Social Services and Other Legislation Amendment (Military Invalidity Payments Means Testing) Bill 2024 be referred immediately to the Community Affairs Legislation Committee for inquiry and report by 10 April 2024 (see appendix 3 for a statement of reasons for referral).

3. The committee recommends that the following bills not be referred to committees:

        Treasury Laws Amendment (Foreign Investment) Bill 2024

                4. The committee deferred consideration of the following bills to its next meeting:

                    Agriculture (Biosecurity Protection) Charges Bill 2024

                    Agriculture (Biosecurity Protection) Levies and Charges Collection Bill 2024

                                          5. The committee considered the following bills but was unable to reach agreement:

                                                  (Anne Urquhart)

                                                  Chair

                                                  29 February 2024

                                                  Appendix 1

                                                  SELECTION OF BILLS COMMITTEE

                                                  Proposal to refer a bill to a committee

                                                  Name of bill:

                                                  Competition and Consumer Amendment(Fair Go for Consumers and Small Business) Bill 2024

                                                  Reasons for referral/principal issues for consideration:

                                                  To allow for an enquiry into this Legislation.

                                                  Possible submissions or evidence from:

                                                  Interested parties and stakeholders.

                                                  Committee to which bill is to be referred:

                                                  Economics Legislation Committee

                                                  Possible hearing date(s):

                                                  March

                                                  Possible reporting date:

                                                  15 March 2024

                                                  (signed)

                                                  Wendy Askew

                                                  Appendix 2

                                                  SELECTION OF BILLS COMMITTEE

                                                  Proposal to refer a bill to a committee

                                                  Name of bill:

                                                  Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024

                                                  Reasons for referral/principal issues for consideration:

                                                  To address stakeholders concerns about the Bill and ensure thorough scrutiny.

                                                  Possible submissions or evidence from:

                                                  Interested parties and stakeholders.

                                                  Committee to which bill is to be referred:

                                                  Legal and Constitutional Legislation Committee

                                                  Possible hearing date(s):

                                                  March and April

                                                  Possible reporting date:

                                                  24 April 2024

                                                  (signed)

                                                  Wendy Askew

                                                  Appendix 3

                                                  SELECTION OF BILLS COMMITTEE

                                                  Proposal to refer a bill to a committee

                                                  Name of bill:

                                                  Social Services and Other Legislation Amendment (Military Invalidity Payments Means Testing) Bill 2024

                                                  Reasons for referral/principal issues for consideration:

                                                  To allow for an enquiry into this Legislation.

                                                  Possible submissions or evidence from:

                                                  Interested parties and stakeholders.

                                                  Committee to which bill is to be referred:

                                                  Community Affairs Legislation Committee

                                                  Possible hearing date(s):

                                                  March

                                                  Possible reporting date:

                                                  10 April 2024

                                                  (signed)

                                                  Wendy Askew

                                                  I move:

                                                  That the report be adopted.

                                                  Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

                                                  I have circulated an amendment to the motion before the Senate, and I move that amendment:

                                                  At the end of the motion, add: "and:

                                                  (a) the provisions of the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024 be referred immediately to the Economics Legislation Committee for inquiry and report by 8 May 2024; and

                                                  (b) the Financial Framework (Supplementary Powers) Amendment Bill 2024 be referred immediately to the Finance and Public Administration Legislation Committee for inquiry and report by 14 March 2024".

                                                  I want to speak very briefly to part (a) of the Greens' amendment, as to the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024. That is an extremely benign-sounding piece of legislation, but what that legislation does is anything but benign. This is a desperate last-minute attempt by Labor to allow the minister to bypass environmental law when approving new offshore gas projects.

                                                  And why is Labor doing this? It's because they are run by the gas cartel in this country, and this is the big corporate gas giants of Australia reaching their power and influence into the heart of our democracy. I predict, very confidently, that the Labor and Liberal parties in this place will collude to vote down the Greens' amendment, and that is, of course, because the gas cartel donates massively to both the Labor and Liberal parties, and we all know that corporations do not give political donations for nothing. This is the institutionalised bribery of Australia's politics. Corporations don't give those massive multimillion-dollar donations for nothing. They expect outcomes. And you know what? Outcomes are exactly what they're going to get today, because the Greens' attempt to have this dangerous bill that erodes environmental protection for offshore gas projects in this country subject to a proper and rigorous scrutiny by a Senate inquiry is going to be voted down by the Coles and Woolworths of Australian politics today.

                                                  The changes contained in this legislation are undemocratic and they are dangerous. The planet is literally cooking, folks, and it is nothing short of a disgrace that the major parties in this place, in the middle of the climate of the earth breaking down around us, are still doing the bidding of the psychopaths who run the gas corporations in this country that are cooking the planet. It is an utter disgrace and shows that our democratic system is completely and utterly broken, and one of the things that is breaking our democratic system every day is the use of institutionalised bribery of political donations.

                                                  The changes in this legislation effectively hand the resources minister broad-ranging powers to reduce environmental protection and reduce consultation obligations, with no oversight from the environment minister. Now, the pro-gas expansion amendments to this largely unrelated bill about protecting workers' rights have been delivered by the Labor Party operating on behalf of the gas cartel. This, of course, sets Minister King on a collision course with environment minister Plibersek, who has promised to fix Australia's broken environment protection laws. Where are those reforms? We are entitled to ask—they are well overdue, and it's about time we started putting on the record that we are heading towards a massive broken promise from environment minister Plibersek and the Labor Party, who went to the last election pledging to fix EPBC and to date have done precisely nothing to do that.

                                                  Of course, this is all about the gas cartel. This is all about the Liberal Party and the Labor Party delivering for their political donors. This is all about the giant gas corporations who are cooking this planet, breaking our democratic system and getting outcomes for the political donations that they made. Senator Chisholm knows that, because he has come from the gas sector. Senator Duniam knows that. We all know what's going on here. The fix is in, ladies and gentlemen, and in a minute, after my colleague Senator Cox makes a contribution to this debate, we are going to see proof positive that it is actually the gas cartel that runs this chamber, not the Labor or Liberal parties.

                                                  11:23 am

                                                  Photo of Dorinda CoxDorinda Cox (WA, Australian Greens) Share this | | Hansard source

                                                  Thanks to my esteemed colleague Senator McKim, who is always ever so articulate in the way he puts things—that's why we know he has a particular swag about him. But what an absolute farce that this government is hiding such a large shift—a shift of power—in an offshore-worker safety bill. This government has tried to play it off like it's nothing. They've downplayed it. They're trying to say: 'There's nothing to see here. It's not going to do what you think it is going to do'—those are the words of the resources minister Madeleine King, from the other place. They're stitching up that deal, as Senator McKim just said, without any scrutiny to the detail. They're putting a very significant change in this bill which essentially is such an important issue. I do not see this government engaging in the offshore-worker safety field, and they know how important it is to protect offshore-worker safety. We've had many instances, particularly in my home state of Western Australia, with offshore gas rigs and worker safety. This government, and their friends over the aisle there who they're holding hands with today on this, want to make sure that this bill is about fast-tracking the environmental approvals in schedule 2 part 2 in this bill. They don't want that to be scrutinised in this place, the house of review. They don't want that to be scrutinised at all.

                                                  There is absolutely no reason for this, and I'll tell you why there's no reason. I met with Minister King, the Minister for Resources, yesterday as part of our quarterly meetings. I asked her to explain to me why it is so important to ram this through after an FOI revealed a letter from Santos's CEO, Kevin Gallagher, asking the minister to make sure that those approvals that they're having so many issues with are watered down—'issues' like asking First Nations people for permission, for free, prior and informed consent to drill in Commonwealth waters for offshore gas to export for their bottom line. It is not for the Australian public, because we know PRRT is broken. These guys want to hold hands over that. They want to make sure that there is no scrutiny.

                                                  Minister King stood in the other place yesterday during question time and said, 'It'll do the same thing your bill will do,' to the Greens member for Brisbane, Stephen Bates. It will not do the same thing our bill will do. Our bill is giving voice to First Nations people. It will make sure that we get free, prior and informed consent. It will make sure First Nations people are included as relevant people. That's the loophole in the legislation for the offshore petroleum regulations and in the act, and Minister King does not want to admit that.

                                                  The absolute irony of this is that before the ice age there was First Nations cultural heritage on that land, but it's now under water because those seas rose. And the Minister for Resources, as the only approver, goes out, under NOPTA and offshore leases, on junkets overseas with a begging bowl to Japan and Korea and tells them, 'Please, give Australian money.' It's an embarrassment for offshore regs to be watered down for environmental approvals and also for silencing the voices of First Nations people.

                                                  I asked the minister yesterday, 'Were the names Tipakalippa and Cooper included on the consultation review that this government is undertaking, which means they weren't included on the list of the 200 people?' 'We're trying to find a blackfella to sign off on them. We're going to put them on the website and say we're doing consultation.' How about the Closing the Gap target about digital access? How about that, government? We know that First Nations people don't have adequate digital access, but you ram it onto your website and say: 'Let's fast-track this. Let's make sure they aren't able to have their say.' This is a government that said it wanted a voice to parliament. How ridiculous—the hypocrisy of saying that when now they want to silence our voices in this bill.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  The question is that the amendment that Senator McKim moved to the Selection of Bills Committee report be adopted.

                                                  11:34 am

                                                  Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party, Assistant Minister for Education) Share this | | Hansard source

                                                  I move:

                                                  At the end of the motion, add "and the Financial Framework (Supplementary Powers) Amendment Bill 2024 not be referred to a committee".

                                                  Question agreed to.

                                                  11:35 am

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

                                                  On behalf of Senator Canavan, I withdraw his amendment to the motion. I move:

                                                  At the end of the motion, add "and, in respect of the Offshore Petroleum and Greenhouse Gas Storage Legislation Amendment (Safety and Other Measures) Bill 2024, the provisions of the bill be referred immediately to the Economics Legislation Committee for inquiry and report by 22 March 2024".

                                                  11:36 am

                                                  Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

                                                  As confidently predicted just 10 minutes ago, the fix is in. The gas cartel has reached into this chamber with its power and influence, and the chamber is about to vote for the most minuscule and ineffective of Senate inquiries into a critical piece of legislation that undermines the consultation requirements for offshore gas projects. This is exactly what the cartel wanted, and it's exactly what the cartel is going to get today.

                                                  Very instructively, this amendment—which will be supported by the Labor Party—wasn't moved by the Labor Party; it was moved by the Liberal Party. Let's rewind to last year, when Mr Dutton assumed his position as Acting Prime Minister when the government was constructing its response to the High Court decision that, quite rightly, rendered indefinite immigration detention illegal and unlawful in Australia. Here we go again; Mr Dutton is flexing his muscles and Mr Dutton is giving Labor its riding instructions.

                                                  Make no mistake, the Coles and Woolworths of Australian politics—or should I say the Santos and Woodside of Australian politics, because that's what we're dealing with here, the two big gas corporations—are colluding to do over First Nations people. The first thing this government is doing since the Voice referendum is removing a voice from First Nations people, as my friend and colleague Senator Cox said. What an absolute disgrace this is! In the middle of a climate emergency, when First Nations people in this country have been dealt a bitter blow in the result of the referendum, what does the government do? It comes in here and enables the planet cookers by doing over First Nations people and reducing their voice in standing up for their communities and standing up for their country.

                                                  This is a dark day in the Senate, and it's going to be delivered by the Santos and Woodside of Australian politics—the political parties that take massive donations from the gas cartel and then come in here and vote for whatever the cartel asks them to deliver. The Greens aren't going to have a bar of this. We are not going to do the bidding of the gas cartel. We are not going to accept their filthy political donations. We are not going to collude to do the bidding of the cartel to do over consultation requirements in particular for First Nations Australians, who want to defend their waters, their country and their communities against the rapacious actions of the giant gas corporations in Australia.

                                                  11:39 am

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  Free, prior and informed consent. I'd like to see that, in the name of the United Nations Declaration on the Rights of Indigenous Peoples—whose oceans are ours, who we've protected and maintained for thousands and thousands and thousands of generations. You lot get together, including the native police there—

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, withdraw.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I beg your pardon?

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  I've asked you to withdraw that comment. Withdraw.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  It's a known fact.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, you are not in a debate with me. Withdraw that comment, otherwise I will withdraw your—

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw my comment on native police.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, no! That is not what I accept in this place. I do not want the offensive comment repeated.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  It's not offensive. It's a fact.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, you are not in a debate with me. Simply withdraw the comment.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw for now.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe—

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Thank you. Please continue.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  Unfortunately, the history of this country includes having our own people be part of our own genocide. In this case, that is what is happening. Free, prior and informed consent has not been obtained from the traditional owners whose land it is to destroy our oceans and every totem in our oceans that are for all of our future generations. Not just blackfellas in this country but all of our generations depend on what is in the ocean and in all of the oceans surrounding this beautiful country. You lot get together, and you are in bed with the developers. Your donations are so important to your political agendas that you're willing to sacrifice our oceans and the totems that belong in those oceans and the songlines that belong in those oceans. Shame on you all—shame for the genocide that each and every one of you continue because your donations are so much more important. How do you sleep at night, knowing that you are destroying your own country and your own ocean? What do your ancestors say about that? Shame! Seismic testing on my country—where's your consent? You're going to kill the whales. What about the whale stories and the Dreaming and the songlines that connect the oceans around this country?

                                                  If you want to talk about truth-telling, why don't you talk about the truth for those defenceless totems that we've maintained? Are you willing to kill them in the name of your party and your party donation? Is that what you're willing to do? You are complicit in the ongoing genocide, which includes destroying our oceans and destroying our songlines, all for a dirty little donation to get you re-elected. Shame on you all! I hope this haunts you all forever. I hope this haunts your families forever.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, withdraw that comment.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw the fact. What is wrong with saying that?

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, you are not in a debate with me. I've asked you to withdraw the comment.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw the comment.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Thank you.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  This is absolute destruction and devastation for our children's children. You are destroying the oceans. How is that possible? In the face of a climate catastrophe, don't you see what's going on around the world? Your dirty little donations are so much more important because your power in this place takes precedence over your children's future. You all should be absolutely ashamed. There has not been free, prior and informed consent, certainly not from my people, the Djab Wurrung Gunditjmara people, whose ocean is about to be destroyed because of your disgusting, dirty donations.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, I also need to remind you—

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw that.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  No, I'm not asking you to withdraw; let me finish—to please make your comments through the chair.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  There is no consent from anybody to destroy Gunditjmara Djab Wurrung ocean. There is no consent. You are all criminals.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Thorpe, withdraw that comment, please.

                                                  Photo of Lidia ThorpeLidia Thorpe (Victoria, Independent) Share this | | Hansard source

                                                  I withdraw, but you're doing the wrong thing, and when you do the wrong thing, things happen.

                                                  11:45 am

                                                  Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | | Hansard source

                                                  I just want to stand up and proudly support the 20,000 Australian men and women people who work in our fantastic oil and gas industry. They do very hard work on behalf of all of us. It is an incredibly difficult and risky endeavour for anyone to work at, especially on an offshore oil rig. They spend months away from their families, locked in a small area with their work colleagues. It's a risky job from time to time, and they deserve our support. They work for our nation. They work to keep us all going.

                                                  The Greens say that the oil and gas industry is a dirty industry. Well, it's dirty in the sense that those who work on an oil rig end up with grease and oil and mud all over them at the end of the day. They've got to have a shower at the end of the day. At the end of their work, they have to have a shower. All of you over there and me and all of us here have the liberty of showering before work, and it's a very easy life. Those people work really hard, and you have no idea of what they have to go through.

                                                  Not only do you have no idea about it—through you, Chair—but the Greens are absolute hypocrites, because I remember that only 18 months or so ago the Greens were in here supporting a bill which enforced—

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Canavan, you need to withdraw the comment you made in relation to senators.

                                                  Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | | Hansard source

                                                  I withdraw.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  And you really need to be focused on the amendment.

                                                  Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | | Hansard source

                                                  Yes, I am focused on the amendment, because the Greens are trying to shut down this industry through this amendment. That's what they're trying to do. Just 18 months ago, the Greens were in this chamber supporting cheap gas.

                                                  Honourable senators interjecting

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  Senator Canavan, I know it doesn't bother you, but I am going to remind senators that other speakers were listened to in silence, and whether you agree or not, it's appropriate for Senator Canavan to be listened to in silence.

                                                  Photo of Matthew CanavanMatthew Canavan (Queensland, Liberal National Party) Share this | | Hansard source

                                                  The Greens actually wanted cheap gas. They wanted to cap the price of gas. So what is it? They wanted gas that badly that they wanted a cheap price for the gas. That's what they supported, because we all know that we need the products of the oil and gas industry to power our homes and so that we can drive around our country; therefore, we need to support them for ourselves, not just on behalf of those men and women who sacrifice their livelihoods for us. They should be supported. Their hard work should be recognised, and that's why I'm proud to stand with them and oppose the Greens' efforts in this place.

                                                  Photo of Sue LinesSue Lines (President) Share this | | Hansard source

                                                  The time for this debate has expired. I'm going to put Senator Ruston's amendment first. The question is that the amendment as moved by Senator Ruston be agreed to.

                                                  11:54 am

                                                  Photo of Katy GallagherKaty Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | | Hansard source

                                                  I move:

                                                  At the end of the motion, add "but:

                                                  (a) consideration of the Fair Work Amendment (Right to Disconnect) Bill 2023 [No. 2] be deferred to the next meeting of the committee; and

                                                  (b) the Fair Work Amendment Bill 2024 be referred to the Education and Employment Legislation Committee for inquiry and report by 14 March 2024".

                                                  Question agreed to.

                                                  Original question, as amended, agreed to.