Sue Lines

The question is that the second reading amendment as moved by Senator Davey be agreed to.

Sue Lines

I will now deal with the Committee of the Whole amendments and requests for amendments to the bill. In accordance with the usual practice, the standard accompanying requests will be incorporated in the Hansard. I will first deal with the request for amendments on sheet 2197 circulated by the opposition.

The opposition's circulated request for amendment s on sheet 2197 read as follows—

(1) Clause 2, page 2 (at the end of the table), add:

(2) Page 10 (after line 17), at the end of the Bill, add:

Schedule 3 — Pensioner work bonus increase from 1 January 2024

Social Security Act 1991

1 Subsection 1073 AA( 2) (examples 1 and 2)

Repeal the examples, substitute:

Example 1: David has $2,600 of work bonus income in an instalment period of 14 days. David's rate of social security pension for that period is greater than nil.

David's work bonus income for that period is reduced by $600, leaving David $2,000 of work bonus income for that period.

Example 2: Amy has $1,300 of work bonus income in an instalment period of 14 days. Amy's rate of social security pension for that period is greater than nil.

Amy's work bonus income for that period is reduced by $600, leaving Amy $700 of work bonus income for that period.

2 Subsection 1073 AA( 4) (example)

Repeal the example, substitute:

Example: Bill has $1,600 of work bonus income in an instalment period of 14 days. Bill's rate of social security pension for that period is greater than nil.

Under subsection (2), Bill's work bonus income for that period is reduced by $600, leaving Bill $1,000 of work bonus income for that period.

Assume Bill's unused concession balance is $800.

Under subsection (4), Bill's work bonus income for that period is further reduced by $800 leaving Bill $200 of work bonus income for that period.

Bill's unused concession balance is now nil.

3 Subsection 1073AA(4A) (example)

Omit "$200", substitute "$500".

4 Paragraph 1073AA(4 C)( a)

Omit "$300", substitute "$600".

5 Paragraph 1073AA(4 C)( b) (formula)

Omit "$300", substitute "$600".

6 Subsection 1073 AB( 2) (example)

Omit "$7,900", substitute "$8,200".

7 Application provision

The amendments of the Social Security Act 1991 made by this Schedule apply in relation to an instalment period that starts on or after 1 January 2024.

Veterans' Entitlements Act 1986

8 Subsection 46 AA( 2) (examples 1 and 2)

Repeal the examples, substitute:

Example 1: David has $2,600 of work bonus income in a pension period. David's rate of service pension or income support supplement for that period is greater than nil.

David's work bonus income for that period is reduced by $600, leaving David $2,000 of work bonus income for that period.

Example 2: Amy has $1,300 of work bonus income in a pension period. Amy's rate of service pension or income support supplement for that period is greater than nil.

Amy's work bonus income for that period is reduced by $600, leaving Amy $700 of work bonus income for that period.

9 Subsection 46 AA( 4) (example)

Repeal the example, substitute:

Example: Bill has $1,600 of work bonus income in a pension period. Bill's rate of service pension or income support supplement for that period is greater than nil.

Under subsection (2), Bill's work bonus income for that period is reduced by $600, leaving Bill $1,000 of work bonus income for that period.

Assume Bill's unused concession balance is $800.

Under subsection (4), Bill's work bonus income for that period is further reduced by $800 leaving Bill $200 of work bonus income for that period.

Bill's unused concession balance is now nil.

10 Subsection 46AA(4A) (example)

Omit "$200", substitute "$500".

11 Subsection 46AA(4C)

Omit "$300", substitute "$600".

12 Subsection 46 AC( 2) (example)

Omit "$7,900", substitute "$8,200".

13 Subsection 46 AD( 3) (example)

Omit "$200", substitute "$500".

14 Application provision

The amendments of the Veterans' Entitlements Act 1986 made by this Schedule apply in relation to a pension period that starts on or after 1 January 2024.

15 Annual reviews of income concession amount

(1) The Social Services Minister must cause to be commenced, at least once in each calendar year beginning on or after 1 January 2024, a review of the suitability of:

(a) the income concession amount in subsection 1073AA(4C) of the Social Security Act 1991, as amended by this Schedule; and

(b) the income concession amount in subsection 46AA(4C) of the Veterans' Entitlements Act 1986, as amended by this Schedule.

(2) The persons who conduct the review must give the Social Services Minister a written report of the review within 6 months of the commencement of the review.

(3) The Social Services 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.

(4) In this item:

Social Services__Minister means the Minister administering the Social Security (International Agreements) Act 1999.

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 income concession amount under the work bonus scheme. The income concession amount contributes to the amount that certain recipients of a social security pension, a service pension or income support supplement can earn before their payment begins to decrease. This means that increasing the income concession amount would result in recipients receiving a higher payment.

The effect of the amendments would therefore increase the amount of expenditure under the standing appropriations in section 242 of the Social Security (Administration) Act 1999 and section 199 of the Veterans' Entitlements Act 1986.

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 appropriations in section 242 of the Social Security (Administration) Act 1999 and section 199 of the Veterans' Entitlements Act 1986 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.

The question is that request for amendments on sheet 2197 be agreed to.

Question negatived.

Anne Ruston

I wish to record the opposition's support for the amendments on sheet 2197.

David Pocock

I wish to record my support for the opposition's amendment on sheet 2197.

Malcolm Roberts

I too wish to record my support for the opposition's amendments on sheet 2197.

Long debate text truncated.

Sue Lines

I will now deal with the second reading amendment circulated by Senator Thorpe. The question is that Senator Thorpe's amendment on sheet 2088 be agreed to.

Senator Thorpe's circulated amendment—

At the end of the motion, add ", but the Senate calls on the Government to:

(a) create an independent body tasked specifically with the oversight of the welfare standards of native species to the full extent of the Commonwealth's power; and

(b) ensure that the body:

(i) recognises First Peoples leadership and strengthens First Peoples sovereign rights to manage, hunt and fish on their ancestral lands, seas and waters,

(ii) recognises that the welfare and protection of native animals is linked to the protection of First Peoples cultural heritage, practice and identity,

(iii) recognises that native animals are kin and hold a unique position and relationship proximate to country, culture and people in Australia,

(iv) recognises that the protection of native animals is paramount in preserving the identity, biodiversity and ecology of every environment across the continent,

(v) works with the States and Territories to develop enforceable national welfare standards; and

(vi) supports First Peoples land and sea management as it relates to protecting First Peoples rights to hunting and fishing practices".

Question negatived.

The question now is that the bill be read a second time.

Question agreed to.

Bill read a second time.

Katy Gallagher

I table an addendum to the explanatory memorandum related to this bill.

Sue Lines

I will now deal with the committee of the whole amendments, starting with the amendment circulated by the Australian Greens. The question is that Australian Greens amendments (1) to (8) on sheet 1974, amendment (1) on sheet 2010 and amendment (1) on sheet 2011 be agreed to.

Australian Greens ' circulated amendments—

SHEET 1974

(1) Schedule 1, item 3, page 4 (line 3), omit "exports.", substitute "exports;".

(2) Schedule 1, item 3, page 4 (after line 3), at the end of subsection 3(1), add:

(e) to recognise the sentience and intrinsic value of animals and the duty of care people have to ensure the physical and mental welfare of animals in their charge;

(3) Schedule 1, item 4, page 5 (after line 18), after the definition of ASEL, insert:

Additional Department Review functions has the meaning given by subsection 10AA(2).

Additional Reporting functions has the meaning given by subsection 10AA(1).

Live Animal Export Review functions has the meaning given by subsection 10(1).

Oversight and Recognition functions has the meaning given by subsection 10AA(3).

registered establishment has the same meaning as in the Export Control Act 2020.

sentience, of an animal, means the animal's capacity to feel or experience negative and positive physical, mental and emotional states.

(4) Schedule 1, item 6, page 6 (lines 5 to 14), omit the paragraph beginning "The functions of the Inspector-General are" in section 8, substitute:

The Inspector-General has the following functions:

(a) to undertake Live Animal Export Review functions;

(b) to undertake Additional Reporting functions;

(c) to undertake Additional Department Review functions;

(d) to undertake Oversight and Recognition functions.

(5) Schedule 1, item 10, page 7 (line 14), before "Functions", insert "Live Animal Export__Review".

(6) Schedule 1, item 11, page 7 (line 17), omit "Functions", substitute "Live Animal Export__Review functions".

(7) Schedule 1, item 11, page 7 (line 18), omit "functions", substitute "functions (the Live Animal Export Review functions)".

(8) Schedule 1, item 13, page 8 (after line 22), before section 10A, insert:

10AA Additional animal welfare functions of the Inspector-General

Additional Reporting functions

(1) The Inspector-General has the following functions (the Additional__Reporting functions):

(a) making the office of the Inspector-General a Centre of Excellence for the collection and dissemination of information about animal welfare issues that impact the Commonwealth;

(b) undertaking inquiries, commissioning research and preparing reports about the following issues:

(i) protecting and promoting animal welfare in the export of live animals;

(ii) the effectiveness of Commonwealth laws that apply to the export of live animals;

(iii) sustainability and animal welfare issues that arise in respect of killing kangaroos for commercial purposes;

(iv) the Commonwealth's animal welfare policy;

(v) scientific and legal issues that arise in respect of the Commonwealth's animal welfare policy;

(vi) potential animal welfare issues that arise in respect of the Commonwealth's animal welfare policy;

(vii) the importation of animals and animal products into Australia;

(viii) the management of animal species introduced into Australia;

(ix) the possible harmonisation of animal welfare laws of the Commonwealth, States and Territories;

(x) animal welfare issues that arise in respect of Model Codes of Practice for the welfare of animals; and

(xi) considering academic and scientific research relevant to any of the issues outlined in subparagraphs (i) to (x).

Additional Department Review functions

(2) The Inspector-General has the following functions (the Additional__Department Review functions):

(a) considering the activities of the Department that relate to any of the following:

(i) monitoring compliance with the Commonwealth's animal welfare laws;

(ii) the enforcement of the Commonwealth's animal welfare laws;

(iii) the effectiveness of the Commonwealth's animal welfare laws;

(b) considering the effectiveness of the Department's implementation of the Commonwealth's animal welfare policies, including the development and implementation of the Australian Animal Welfare Strategy and its objectives;

(c) undertaking inquiries and preparing reports about the matters referred to in paragraphs (a) and (b).

Oversight and Recognition functions

(3) The Inspector-General has the following functions (the Oversight and Recognition functions):

(a) to have oversight of the Commonwealth's animal welfare laws, including oversight of:

(i) animal welfare standards at registered establishments;

(ii) animal welfare standards relating to the international trade of wildlife and wildlife products;

(b) to promote the recognition of animal sentience within Commonwealth law and practice;

(c) to undertake inquiries and prepare reports about the matters referred to in paragraphs (a) and (b).

SHEET 2010

(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:

14A At the end of section 13

Add:

(3) A person must not be appointed as the Inspector-General unless the Minister is satisfied that the person has experience and expertise in at least one of the following fields:

(a) animal welfare science;

(b) animal welfare law;

(c) animal welfare policy.

SHEET 2011

(1) Schedule 1, Part 1, page 12 (after line 8), at the end of the Part, add:

14B At the end of subsection 22(2)

Add:

; or (f) the Inspector-General fails, without reasonable excuse, to comply with section 22A.

14C At the end of Part 3

Add:

22A Disclosure of interests to the Minister

The Inspector-General must give written notice to the Minister of all interests, pecuniary or otherwise, that the Inspector-General has or acquires and that conflict or could conflict with the proper performance of the Inspector-General's functions.

Sue Lines

The question is that the opposition amendment on sheet 2206 be agreed to.

Opposition's circulated amendments—

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

(a) notes the distress and economic pain of farmers caused by the Albanese Government's decision to phase-out the live sheep trade; and

(b) calls on the Government to ensure that the live sheep trade is not prohibited".

Sue Lines

Senators, in accordance with the order agreed to earlier today, I now put the questions required to conclude consideration of the bills listed in that resolution. I will first deal with the Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023. The question is that the second reading amendment moved by Senator Faruqi be agreed to.

Sue Lines

In accordance with the order agreed to earlier today, I will now put the questions requiring that we conclude consideration of the bills listed in that resolution.

Simon Birmingham

Given that you have declared that the time for the consideration of the Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill has expired, pursuant to contingent notice of motion No. 7 standing in my name, I move:

That so much of that standing orders be suspended as would prevent further consideration of the bill without limitation on time.

President, this is about ensuring that this Senate chamber gets the opportunity to debate—

Michaelia Cash

And scrutinise!

Simon Birmingham

and scrutinise the legislation that is before it.

Sue Lines

Senator Birmingham, I'm very sorry. I'm going to sit you down and call for order on my left. Senator Birmingham, please continue.

Simon Birmingham

Well, President, there's frustration here—and understandably so—because those opposite have sought to apply a guillotine across multiple pieces of legislation. This chamber, had I not intervened, was about to move onto considering the live animal exports amendment bill with not an iota of debate. Not a second of debate or further scrutiny is allowed further to the bill, to the committee stage nor to any of the amendments that are being proposed to the bill.

Opposition senators interjecting—

Sue Lines

Senator Birmingham, please resume your seat. Order!

Senator Henderson! When I call order, it applies to you.

Simon Birmingham

This Senate deserves the right to properly scrutinise legislation. Sometimes there may be proposals for bills to operate under time management. But that should be time management in which there is at least consideration, bill by bill, for some questions to be put, for some questions to be asked and for some amendments to be scrutinised. But, no, that's not the way this government wants to work. What this government did this morning was simply to come into the chamber knowing that the time allocated for the consideration of four bills would be just 14 minutes. Two of those had not even a second of commentary allowed in this chamber before. Cast your minds back to the lead-up to the last election. What were we promised by Mr Albanese? What were we promised by Senator Wong? What were we promised by the Labor Party?

James McGrath

Lower power bills—90 times!

Simon Birmingham

Yes, Senator McGrath—lower power bills were one of those promises. You are right; there was a promise of $275 of cuts to power bills. That was one of the promises, and it was made more than 90 times, as Senator McGrath rightly points out.

Of course, we were also promised greater transparency. We were promised greater accountability. We were promised a new way of doing business. That's what we were told would come from those opposite. Instead, we've got the hypocrisy of a Labor-Greens alliance who simply want to ram legislation through this place without enabling any consideration of it. What we don't know, what is not transparent—and the challenge I lay down to the Labor Party and the Greens to be honest about—is what else was discussed in putting this guillotine in place.

Honourable senators interjecting—

Sue Lines

Order on my left!

Senator Scarr, which bit of 'order on my left' did you fail to comprehend?

Peter Whish-Wilson

I want to nominate Senator Birmingham for an Academy Award performance—

Sue Lines

Senator Whish-Wilson, resume your seat. Senator Birmingham, please continue.

Simon Birmingham

I acknowledge the point of order there. But of course, it's gymnastics for which Senator Whish-Wilson and the Greens deserve a gold medal—gymnastics for the backflipping that they are performing through the passage of this guillotine and the motions they've put in place. The Greens—the ultimate arbiters and judges of transparency and accountability, well jeez, with a triple-pike backflip we've seen across the chamber as they're happy to shut down debate and for there to be absolutely no consideration or detail or scrutiny applied. The Greens are doing that on bills that you would have thought they would want to stand strong. On bills that you would have thought they would want to apply scrutiny to the Labor Party. That is what drives the suspicion levels so high about the deal that's been done.

The idea that the Australian Greens will just cosy up to the Labor Party and miss out on the chance to scrutinise legislation in relation to live animal exports raises suspicion levels right through the roof. It means there's got to be something that has been done as a deal between the Labor Party and the Greens. They could not have come to this sort of accommodation, where the Greens just wave away all of their rights to be outraged in relation to what the government is doing, urge the government to go further and argue for their passionate amendments. But instead, obviously, on long-lunch Friday, the Greens are eager to hit the vegan restaurant and to find the opportunity to get out of here as quickly as they can, take whatever prize has been offered in front of them by the Labor Party and trade away the chance for scrutiny—to trade away this bill, to trade away social security bills, to trade away their apparent convictions for transparency, and instead, to just be happy to get out of here, rather than do their jobs. Shame on them.

Penny Wong

I would just like everybody to recall that the senator who just gave that impassioned speech—

Bridget McKenzie

Rousing!

Penny Wong

That rousing speech. I would remind everybody, despite his attack on the Greens—and there's nothing wrong with vegan and vegetarianism; I am not, but I think that was a bit unnecessary—I would make the point of the high and mighty principle that was on display, let's remember the coalition worked with the Greens political party to not vote on a bill for six days that they supported. Six days of sitting because they just wanted to create trouble. They were happy to work with the Greens political party then, weren't they?

I expect the Greens wanted a lot of time, because they didn't want that bill. They were actually principled and consistent. You lot wanted the bill, but you just wanted to cause trouble. You just wanted to make sure that we didn't have time to debate it. If you'd really wanted to debate live exports, well, maybe you shouldn't have played around for six days on a bill you agreed with. If you really wanted to talk about live exports, you might have made sure you didn't play some political games on a bill you agreed with, that you eventually had to support. So, let's remember the hypocrisy of those opposite, who chewed up six days on a bill they agreed with and now come in and complain there's not enough time. It's a ridiculous proposition. I move:

That the question be now put.

Sue Lines

The question is that the question be put.

Penny Wong

():  I move:

That today:

(a) the questions on all remaining stages of the following bills be put at 3 pm:

Disability Services and Inclusion Bill 2023

Disability Services and Inclusion (Consequential Amendments and Transitional Provisions) Bill 2023

Inspector-General of Live Animal Exports Amendment (Animal Welfare) Bill 2023

Ministers of State Amendment Bill 2022

Social Security and Other Legislation Amendment (Miscellaneous Measures) Bill 2023

Social Security and Other Legislation Amendment (Supporting the Transition to Work) Bill 2023;

(b) paragraph (a) operate as a limitation of debate under standing order 142;

(c) divisions may take place after 3.30 pm; and

(d) the Senate adjourn without debate on the motion of a minister.

Sue Lines

The question is that the motion, as moved by Senator Wong, be agreed to.

Sue Lines

The question is that the procedural motion moved by Senator Wong be agreed to.

Penny Wong

I move:

That a motion relating to the consideration of legislation may be moved immediately and determined without amendment or debate.

And I move:

That the question be now put.

Sue Lines

The question is that the question be now put, as moved by Senator Wong.

Sue Lines

The question is that the suspension of standing orders as moved by Senator Wong be agreed to.