House debates

Wednesday, 10 May 2017

Bills

Parliamentary Business Resources Bill 2017, Parliamentary Business Resources (Consequential and Transitional Provisions) Bill 2017; Consideration in Detail

4:38 pm

Photo of Rebekha SharkieRebekha Sharkie (Mayo, Nick Xenophon Team) Share this | | Hansard source

by leave—I move amendments (1) to (4) standing in my name together:

(1) Clause 4, page 3 (lines 27 and 28), omit "25% of the value of the public resources", substitute "200% of the value of the public resources or, if the member has contravened the member's obligations before, 400% of the value of the public resources".

(2) Clause 36, page 32 (line 12), omit "25% of the value of the public resources provided", substitute "200% of the value of the public resources provided or, if the member has contravened the member's obligations before, 400% of the value of the public resources provided".

(3) Clause 38, page 35 (lines 27 to 30), omit subclause (4), substitute:

Loading payable as a penalty for contravention

(4) The member is liable to pay the Commonwealth, by way of penalty for the contravention of section 26, 27 or 28, an amount equal to:

  (a) if the member has not previously contravened any of those sections—200% of the amount to which this section applies; and

  (b) if the member has previously contravened any of those sections—400% of the amount to which the section applies.

(4) Clause 39, page 37 (lines 9 to 14), omit subclause (2), substitute:

Reduction of future amounts

(2) A resources provider may determine, in writing, that an amount of public resources that is payable to the member by the resources provider is to be reduced by an amount (the loading amount) that is equal to:

  (a) if the person has not previously contravened section 26, 27 or 28—200% or any specified lower percentage of the repayment; or

  (b) if the person has previously contravened section 26, 27 or 28—400% or any specified lower percentage of the repayment.

The determination has effect accordingly.

I will not take long in the House with this. I moved these amendments to adjust the penalty loading on breaches of the rules of the Parliamentary Business Resources Bill. Under the current definitions a parliamentarian can breach the rules, and once that breach has been identified they have 28 days to pay back the money. Only when they fail to pay back the money within 28 days does the penalty loading apply, and the current loading is 25 per cent for that breach.

I do not believe that that is a significant enough deterrent. It does not go far enough to restore confidence in politicians—to restore Australia's confidence in us. These amendments will add two significant penalties which would go towards ensuring that parliamentarians do not breach the rules. Firstly, they will increase the penalty for a breach of the entitlement rules from a 25 per cent loading to a 200 per cent loading. Secondly, they will implement a penalty loading of 400 per cent for those who breach the rules on one or more occasions. This is about putting some real teeth into these penalties and ensuring that the Australian community does not just roll their eyes at this bill. Thank you.

Photo of Steve IronsSteve Irons (Swan, Liberal Party) Share this | | Hansard source

The question is that the amendments moved by the member for Mayo be agreed to.

A division having been called and the bells having been rung—

Photo of Tony SmithTony Smith (Speaker) Share this | | Hansard source

As there are fewer than five members on the side for the ayes, I declare the question resolved in the negative in accordance with standing order 127. The names of those members who are in the minority will be recorded in the Votes and Proceedings.

Question negatived, Mr Bandt, Ms McGowan, Ms Sharkie and Mr Wilkie voting aye.

Bill agreed to.