Tim Ayres (NSW, Australian Labor Party, Minister for Industry and Innovation) Share this | Hansard source

I move:

That these bills be now read a second time.

I seek leave to have the second reading speeches incorporated in Hansard.

Leave granted.

The speeches read as follows—

CUSTOMS TARIFF AMENDMENT (GEELONG TREATY IMPLEMENTATION) BILL 2025

The Customs Tariff Amendment (Geelong Treaty Implementation) Bill 2025 will amend the Customs Tariff Act 1995 to implement a waiver on customs duties for goods imported under the Nuclear-powered Submarine Partnership and Collaboration Agreement between the Government of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland. The Agreement—known as the Geelong Treaty—was signed in Geelong by the Deputy Prime Minister and the United Kingdom Secretary of State for Defence in July this year.

The Geelong Treaty is a historic agreement, a commitment to the next 50 years of United Kingdom-Australian bilateral defence cooperation under AUKUS Pillar 1 with respect to delivering Australia's SSN-AUKUS submarines.

This Bill enables Australia to comply with its obligations under the Geelong Treaty. Under the Geelong Treaty, Australia and the United Kingdom will not impose value added taxes, excise and customs duties and other similar charges on imports and exports of goods in connection with the Geelong Treaty.

If those charges are levied, the Geelong Treaty provides that the levying Party will be liable for payment of the charges.

The Bill implements Australia's obligations under the Geelong Treaty with respect to customs duties. This Bill amends Schedule 4 to the Customs Tariff Act to insert a new table item, Item 58A, which will prescribe a free rate of duty for goods that are for use under the Geelong Treaty.

I commend this Bill to the Chamber.

DEFENCE AMENDMENT (PARLIAMENTARY JOINT COMMITTEE ON DEFENCE) BILL 2025

I am pleased to present the Defence Amendment (Parliamentary Joint Committee on Defence) Bill 2025. This Bill enhances government transparency and accountability in relation to decisions and policies concerning the defence of Australia.

The Government is committed to transparency and accountability. In a Westminster-style democracy such as ours, the Parliament plays a crucial role in delivering this by scrutinising and debating the decisions of the executive government and the implementation of those decisions by departments and agencies.

This scrutiny is important in ensuring sound decision-making, the efficient and prudent use of taxpayer funds, along with a more informed Parliament and, by extension, public.

The Senate estimates process has provided useful and necessary scrutiny of Defence-particularly major capability projects-over the years, and it will continue to do so following the establishment of the Parliamentary Joint Committee on Defence or the PJCD.

But in the challenging and complex strategic circumstances that we face, it is necessary to ensure the Parliament can also examine these projects and Australia's defence strategies in greater detail and in a classified setting, with the appropriate safeguards in place.

This Bill addresses that gap, injecting greater parliamentary transparency, accountability and oversight of the Defence portfolio by establishing the PJCD.

The establishment of the PJCD implements a recommendation of the Joint Standing Committee on Foreign Affairs, Defence and Trade's inquiry into international armed conflict decision making.

The PJCD is modelled on the Parliamentary Joint Committee on Intelligence and Security.

The PJCD will be able to receive and consider classified information in carrying out its oversight functions, ensuring it has the information needed to conduct effective scrutiny of Defence and its portfolio agencies, strengthening government decision making on defence and strategic policy.

Importantly, the Bill establishes appropriate safeguards that balance the Government's commitment to greater public accountability and transparency for Defence, and the necessary protection of information provided to the PJCD to ensure Australia's national security, and that of our international partners, is protected.

In terms of the PJCD's functions, the committee will have oversight of the Australian Defence Force, the Department of Defence, the Department of Veterans' Affairs, and certain Defence portfolio agencies, including the Australian Submarine Agency, Defence Housing Australia and the Australian War Memorial.

The Bill sets out the functions of the PJCD, including:

The PJCD can receive referrals on matters from Ministers and either House of Parliament, and may also undertake own-initiative inquiries relevant to its oversight functions.

In recognition of the significance of establishing a Royal Commission, the PJCD will be responsible for monitoring and reviewing, on an ongoing basis, the Australian Government's response to the findings of any Royal Commission inquiries relating to Defence.

To ensure the independent regulators in the Defence portfolio are able to fulfil their statutory functions, the PJCD will also consider the operations, resources, independence and performance of the Inspector-General of the Australian Defence Force and the Australian Naval Nuclear Power Safety Regulator.

This is modelled on the relationship between the Australian National Audit Office and the statutory Joint Committee of Public Accounts and Audit under the Public Accounts and Audit Committee Act 1951. Similarly, the PJCD is not able to direct the regulators or intervene in ongoing investigations, and must not compromise their operational independence.

The PJCD's functions will not extend to matters that fall within the jurisdiction of the Parliamentary Joint Committee on Intelligence and Security under the Intelligence Services Act 2001. This includes oversight of the Australian Signals Directorate, the Australian Geospatial-Intelligence Organisation and the Defence Intelligence Organisation, which will continue to report to that committee.

It will supersede and enhance the Defence-related functions currently undertaken by the Joint Standing Committee on Foreign Affairs, Defence and Trade.

The existing arrangements for Defence oversight by the Senate Standing Committees on Foreign Affairs, Defence and Trade, including the examination of legislation and of the Defence budget through the Senate estimates process, will remain unchanged.

Similarly, the establishment of the PJCD does not prohibit other committees, such as the statutory Joint Committee of Public Accounts and Audit, from examining Defence matters as part of its functions.

The PJCD will complement these existing arrangements by providing additional oversight of Defence matters that require consideration in a classified setting.

In terms of the constitution of the committee, as with the Parliamentary Joint Committee on Intelligence and Security, the Prime Minister, in consultation with the Leader of the Opposition, will appoint up to 13 members to the PJCD.

This includes no more than seven government, and six non-government members from both Houses of Parliament.

The arrangements for information handling are modelled on those that apply to the Parliamentary Joint Committee on Intelligence and Security.

Committee proceedings will be conducted in a private and appropriately secure setting, unless the Minister has authorised public hearings, with the exception of the PJCD's consideration of the annual reports of Defence agencies.

The PJCD will be able to request and receive classified information and briefings in order to perform its functions. For certain categories of protected information-for example, specific information about highly sensitive military capabilities, tactics, techniques or procedures-the Minister would need to authorise the production of the information to the committee.

The Minister would also need to authorise any subsequent disclosure by the PJCD of that information, including in reports to the Parliament.

If necessary, to prevent a witness from disclosing operationally sensitive or other protected information, the Minister can issue a certificate to prevent the provision of such evidence or documents.

Given the safeguards in place to support the provision of information to the PJCD, these powers are not intended for routine use. Rather, they are reserved for rare circumstances where disclosure of highly sensitive information could cause significant harm.

This Bill establishes a range of criminal offences to deter members of the PJCD, their staff, committee staff, and any other individuals who receive protected information in connection with the performance of the committee's functions from disclosing or publishing information without specific authorisation from the relevant Minister.

It also includes offences designed to protect witnesses who are requested to provide evidence or documents to the PJCD.

These offences and penalties in the Bill are reasonable, necessary, and proportionate, ensuring the PJCD can access the information required to exercise effective oversight of the Defence portfolio, while maintaining the confidentiality and security of that information.

The strong legal safeguards in place are designed to uphold the integrity of the PJCD's work and ensure that all participants are subject to clear obligations and serious consequences for any breach.

This Bill was previously introduced in 2024. While it did not progress at that time, the Government has retained the flexibility in membership arrangements to ensure the PJCD can adapt to the needs of the Parliament, while guaranteeing both government and non-government voices.

This Bill and the establishment of the PJCD represents an important step forward in parliamentary accountability and transparency for Defence.

I commend the Bill.

Debate adjourned.

Ordered that the bills be listed on the Notice Paper as separate orders of the day.