Louise Pratt (WA, Australian Labor Party) Share this | Link to this | Hansard source

I will start with the second-reading amendments circulated by the Australian Greens. One of these amendments was not circulated within the timeframe and can only be considered by leave.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

by leave—I move Greens amendments on sheets 3294 and 3324:

SHEET 3294

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) too many people and their families experience significant harm from scams each year,

(ii) instead of implementing a best practice model to prevent scams, Labor has caved to the interests of the major banks and their multi-billion-dollar profits, and

(iii) under Labor's bill, it would take a person impacted by a scam up to 30 steps and 2 years to seek redress, and at the end of the process there is no guarantee they will get any of their money back; and

(b) calls on the Government to amend the bill to include a presumption of reimbursement, similar to the UK model, which would require banks to promptly reimburse people who have been scammed, and then recover costs from other businesses involved in the scam in proportion to their liability, including telcos and digital platforms".

_____

SHEET 3324

At the end of the motion, add ", but the Senate:

(a) notes that:

(i) the bill fails to address the jurisdictional impediments to enforcement of laws against offshore social media companies,

(ii) any measures or civil penalties the bill imposes on online platforms will be unenforceable and require voluntary compliance,

(ii) the Joint Select Committee on Social Media and Australian Society considered the impact of online scams and jurisdictional impediments and recommended that the Australian Government consider options for greater enforceability of Australian laws for social media platforms, including amending regulation and legislation, to effectively bring digital platforms under Australian jurisdiction; and

(b) calls on the Government to urgently act to bring digital platforms under Australian jurisdiction and ensure jurisdiction is not an impediment to enforcement measures in the bill".

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the Australian Greens amendments on sheets 3294 and 3324 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the second reading amendment circulated by Pauline Hanson's One Nation. As this amendment was not circulated within the required timeframe, it can only be considered by leave.

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

by leave—I move:

At the end of the motion, add ", but the Senate:

(a) notes that this legislation fails to make adequate provisions for the compensation of vulnerable Australians who have been victims of scams; and

(b) calls on the Government to introduce legislation similar to the successful UK model of reimbursement, which ensures that banks are required to initially refund scam victims, providing stronger consumer protection and accountability in the financial sector".

Sue Lines (President) Share this | Link to this | Hansard source

The question is that Pauline Hanson's One Nation amendment on sheet 3325 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

I will now deal with the Committee of the Whole amendments circulated by the government. I understand the minister has a document to table.

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

I table a supplementary explanatory memorandum relating to the government amendments to be moved to the Scams Prevention Framework Bill 2025.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the government amendments on sheet FR102 be agreed to.

Government's circulated amendments—

(1) Schedule 1, item 1, page 13 (line 9), before "Matters", insert "(1)".

(2) Schedule 1, item 1, page 13 (after line 16), at the end of section 58BB, add:

(2) In determining whether a regulated entity has taken reasonable steps for the purposes of a provision of this Division, the primary consideration must be the matter in paragraph (1)(e) (if applicable).

(3) Schedule 1, item 1, page 30 (after line 34), after subsection 58BZE(1), insert:

(1A) To avoid doubt, guidelines prescribed for the purposes of subparagraph (1)(b)(ii) do not have to be consistent with sections 58FZD to 58FZK (about proportionate liability for concurrent wrongdoers in actions for damages).

(4) Schedule 1, item 1, page 44 (after line 24), at the end of Subdivision B, add:

58EFA Roles and responsibilities statement

(1) The SPF general regulator must publish a statementon its website summarising, in general terms, the roles and responsibilities of:

(a) each SPF regulator; and

(b) each operator of an SPF EDR scheme; and

(c) any other entity the SPF general regulator considers appropriate;

with respect to the regulation, enforcement and administration of the SPF provisions.

Note: The purpose of the statement is to explain these matters at a high level.

(2) Before publishing the statement, the SPF general regulator must consult the entities mentioned in subsection (1).

(3) The statement is not a legislative instrument.

Nick McKim (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I ask that you put amendments (1) and (2) separately to amendments (3) and (4). I can indicate that's because the Australian Greens will be voting differently on those matters.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that government amendments (1) and (2) on sheet FR102 be agreed to.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that government amendments (3) and (4) on sheet FR102 be agreed to.

Question agreed to.