Senate debates

Wednesday, 27 November 2019

Bills

Australian Research Council Amendment Bill 2019, Communications Legislation Amendment (Deregulation and Other Measures) Bill 2019, Family Assistance Legislation Amendment (Building on the Child Care Package) Bill 2019, Telecommunications (Interception and Access) Amendment (Assistance and Access Amendments Review) Bill 2019; Second Reading

7:10 pm

Photo of Simon BirminghamSimon Birmingham (SA, Liberal Party, Minister for Trade) 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—

AUSTRALIAN RESEARCH COUNCIL AMENDMENT BILL 2019

Today I am introducing the Australian Research Council Amendment Bill 2019, which amends the Australian Research Council Act 2001 to ensure that Australia's research community can continue to be supported by the funding schemes of the Australian Research Council or ARC.

The ARC's purpose is to grow knowledge and innovation for the benefit of the Australian community by financially underpinning research of the highest quality, and by assessing the quality, engagement and impact of that research. The ARC also provides important advice on research matters and has a respected voice in the Australian research landscape.

ARC funding is awarded on the basis of a competitive peer review process, and it administers the largest single competitive grants process in Australia that is available to researchers across all disciplines from 'STEM' to 'HASS'—the National Competitive Grants Program or NCGP.

The NCGP comprises two programs—Discovery and Linkage—under which are number of funding schemes that provide funding for basic and applied research, research fellowships, research training, research collaboration and infrastructure.

Researchers in universities around the country carry out research every day on different matters affecting the everyday lives of us all, not only in Australia but also right around the world. Cutting edge research is changing our world dramatically, but the incremental progress of long term research programs is also vital for many industries, where commercial success comes from being just a cut above the rest.

ARC Centre's of Excellence, funded through the NCGP, contain many examples of this. A group of physicists at the ARC Centre of Excellence for Quantum Computation and Communication Technology based at the University of New South Wales has just this July announced that they have successfully built a super-fast version of the central building block of a quantum computer. They have constructed and demonstrated the first two-qubit gate between atom qubits in silicon—a major milestone on the team's quest to build an atom-scale quantum computer, all the result of a vision first outlined by scientists 20 years ago. This ARC funded Centre is led by the 2018 Australian of the Year, Professor Michelle Simmons, a great Australian who is also the recipient of an ARC Laureate Fellowship. The success of this astounding feat of research into quantum computing might never have happened in Australia without the continuous funding support that Professor Simmons and her team have had for many years through the ARC.

Many ARC grants are awarded to research teams on the condition that they have integrated their research with Australian industry—the researchers must have at least one industry partner on board, and many of the researchers on these grants are actually located in an industry setting. The ARC's Industrial Transformation Research Program is tailored to this kind of commercial integration, and there are Training Centres and Research Hubs all around Australia, working with hundreds of small businesses and large companies, to give them a commercial advantage and train the next generation of research leaders.

One such Hub which was recently announced, in August by Senator the Hon. Jonathon Duniam, is The ARC Research Hub for Sustainable Onshore Lobster Aquaculture, leading the global charge in establishing the world's first sustainable onshore lobster aquaculture industry. The Government through the ARC is investing $5 million into this research Hub based in Hobart, with Tasmanian manufacturer PFG Group and Tasmanian spiny lobster hatchery operator Ornatas, providing significant additional support. The research team at the Hub, led by Associate Professor Gregory Smith, are building on momentum gained through previous ARC funding, to position Australia at the forefront of onshore lobster aquaculture, with opportunity for technology transfer to other aquaculture sectors.

Many Australian research careers have been set in motion through the award of an ARC grant, and there are fellowships which are targeted towards early career researchers, as well as those at other career stages, and the ARC's Discovery Indigenous scheme provides funding for research led by Aboriginal and Torres Strait Islander researchers.

Research projects led by ARC-funded Aboriginal and Torres Strait Islander researchers are contributing economic, commercial, environmental, social and cultural benefits to both Aboriginal and Torres Strait Islander peoples, and to the Australian community as a whole.

Just to give one example: a research project led by ex-state and Women's National Basketball League player, and a 2019 Western Australia Local Hero, Professor Cheryl Kickett-Tucker at Curtin University, received over $1 million through the ARC's Discovery Indigenous scheme. Professor Kickett-Tucker's work involves the development, implementation and evaluation of Cultural Learnings, a program designed to secure the transfer of knowledge from Aboriginal Elders and carers to children within school environments. The research is aiming to strengthen Aboriginal children's cultural knowledge and self-esteem, to create a positive shift in children's school outcomes such as attendance, behaviour, attitudes, effort and achievement.

The amendments through this Bill are required because the Australian Research Council Act is the legislative basis that supports the financial operations of these grants programs. This Bill will amend the Australian Research Council Act to update the existing funding caps and insert new funding caps through until 30 June 2023 to allow continued funding of quality research in Australia.

The routine update to the ARC's funding caps that is enabled through this Bill provides for anticipated inflationary growth so that the Government can continue to support thousands of research projects like those I have mentioned, research which has applicability and an impact on communities, families and individuals.

The Government has made a significant investment in science, research and innovation—in 2018–19 alone, we have committed $9.6 billion across all portfolios.

Funding the ARC is part of this investment, and over the next four years, with the passage of this Bill, the ARC will deliver over $3 billion in funding for research projects, ranging in size from the tens of thousands of dollars, to the tens of millions.

Australia's future economic prosperity relies on our capacity to harness the knowledge and innovation of our universities and our researchers, and that is why we bring this Bill to the Parliament.

By ensuring the ARC can play its role in supporting and expanding Australia's research strengths, we are ensuring the support of many thousands of direct and indirect jobs that our research and scientific capabilities sustain.

I commend this Bill.

COMMUNICATIONS LEGISLATION AMENDMENT (DEREGULATION AND OTHER MEASURES) BILL 2019

The Communications Legislation Amendment (Deregulation and Other Measures) Bill 2019 contains measures that will reduce the regulatory burden on the broadcasting and telecommunications sectors. The Bill will also allow for the appointment of an industry body to manage telephone numbering, a function currently undertaken by the Australian Communications and Media Authority (ACMA). The Bill also removes unnecessary and spent provisions.

I will now outline the measures in each of the schedules to the Bill.

Schedule 1

Schedule 1 of the Bill will remove a duplicative obligation in the BroadcastingServicesAct1992 that requires incoming controllers of regulated media assets to notify ACMA of changes in the control of a licence or publication. That Act already requires licensees, publishers and controllers of regulated media assets to notify ACMA of such changes.

Schedule 1 will also remove the requirement in the Broadcasting Services Act 1992 for the film classification scheme to apply to films broadcast on commercial television. The television classification guidelines will apply instead.

Similarly, any breaches of the classification requirements for films broadcast on television by commercial television broadcasting licensees, community television broadcasting licensees and open narrowcasting service providers will no longer be dealt with as breaches of broadcasting licence conditions. Rather, such breaches will be dealt with under the television code of practice.

The National Broadband Network Companies Act 2011 will be amended to allow NBN Co to dispose of surplus non-communications goods. This change will allow NBN Co to sell items like office equipment and vehicles, and better manage its assets.

Amendments will be made to the Telecommunications Act 1997 so that ACMA need no longer consult with an advisory committee before declaring a submarine cable protection zone. It is sufficient that ACMA is required to consult with the Secretary of the Environment Department and the public in these circumstances.

Schedule 2

The Broadcasting Reform Act 2017 introduced the broadcasting spectrum tax arrangement and established a transitional support payment scheme covering financial years 2017-18 to 2021-22. That legislation provides that Network Investments Pty Ltd is entitled to receive a transitional support payment of $632,000 in each of those financial years.

However, one of Network Investments' transmitters was inadvertently excluded in the model used to calculate the payments. Once the existence of that transmitter is included in the modelling, Network Investments is entitled to receive $819,000 per year for 5 years, an additional $187,000 each year. Schedule 2 of the Bill corrects this error and Network Investments will be no worse off as a result of the transition from a revenue-based broadcasting licence fee to an interim broadcasting spectrum tax arrangement.

Schedule 3

Schedule 3 of the Bill will repeal tariff filing arrangements applying to the telecommunications industry under the Competition and Consumer Act 2010. Division 4 of Part XIB of that Act allows the Australian Competition and Consumer Commission (the ACCC) to collect certain tariff information from carriers and carriage-service providers that have a substantial degree of market power. Division 5 sets out a tariff filing regime that applies specifically to Telstra.

These provisions impose an unnecessary regulatory burden on industry and there is already considerable pricing information in the public domain.

Schedule 3 will also provide the ACCC and ACMA with greater flexibility to decide what matters to report on. The ACCC will be empowered to decide which telecommunications charges paid by consumers to monitor and report on, having regard to which goods or services are most commonly used by consumers. ACMA's mandatory reporting requirements relating to the performance of carriers and carriage service providers will be limited to national interest matters and data retention requirements. The Minister will retain the power to direct ACMA to report on specified matters.

The ACCC and ACMA will no longer need to provide these reports, or the ACCC's annual report on competitive safeguards within the telecommunications industry, to the Minister and the Minister will no longer need to table them in Parliament prior to wider publication. Instead the ACCC and ACMA will be required to publish the reports on their respective websites within six months of the end of the financial year. The reports will then be available to the public more quickly.

Schedule 3 will also require the ACCC to review any Record Keeping Rules it creates directing specified carriers and carriage service providers to keep or retain certain records to monitor charges paid by consumers. Those review will need to take place at least every five years so that the Rules to remain up-to-date.

Schedule 4

Schedule 4 of the Bill will make minor technical amendments to the Australian Broadcasting Corporation Act 1983, the Special Broadcasting Service Act 1991 and the Broadcasting Services Act 1992 to improve consistency between those Acts and remove redundant provisions.

Schedule 5

Schedule 5 to the Bill would remove redundant and spent legislation within my portfolio.

Schedule 6

Schedule 6 would allow the Minister to appoint an industry-based numbering manager in place of ACMA. The Government wants to allow for such an arrangement in the event industry develops a suitable numbering scheme.

It is possible that the telecommunications industry may be able to manage numbering more efficiently and effectively than ACMA. For instance, the industry could introduce new number ranges more quickly, thereby promoting service innovation. Because service providers are directly involved in developing products, they have a greater incentive to fast-track new initiatives and keep down costs.

The Minister would only be able to appoint someone to be the numbering scheme manager if he or she is satisfied that the proposed manager will be able to administer numbering in accordance with statutory principles that are designed to protect competition, consumers, national security and public revenue.

Schedule 7

Schedule 7 of the Bill will remove the requirement in the Broadcasting Services Act 1992 for ACMA to publish a notice in the Commonwealth Gazette when it is determining, varying or revoking a program standard or standard relating to datacasting. Instead the amendments will require ACMA to publish a notice both on its website and in one or more forms that are readily accessible – like in a newspaper or another website. This will help ACMA better reach its target audience.

Schedule 8

Schedule 8 of the Act will remove the ability of NBN Co under the TelecommunicationsAct1997 to issue and keep a register of statements that it will not be installing fibre in a new real estate development, which in turn removes the obligation on a developer to install fibre-ready pit and pipe.

The current provisions require NBN Co, as an industry participant, to make decisions of a regulatory nature. This is not appropriate. The Minister will continue to have the power to exempt developments from the pit and pipe rules if required.

In conclusion, this Bill makes a useful contribution to the Government's commitment to ensuring that Australia's broadcasting and telecommunications laws are fit for purpose. The Government remains committed to removing unnecessary and outdated legislation in light of changing technology and consumer expectations.

I commend the Bill to the House.

FAMILY ASSISTANCE LEGISLATION AMENDMENT (BUILDING ON THE CHILD CARE PACKAGE) BILL 2019

The Family Assistance Legislation Amendment (Building on the Child Care Package) Bill 2019 makes life easier for families and providers using the child care subsidy. It makes some important refinements to the operation of the Government's child care package that was implemented on 2 July 2018.

The child care package represents the biggest reforms to child care since the introduction of Commonwealth Child Care Act in 1972.

The development of the child care package was led by the need for increased investment and genuine reform in early learning and child care. Just over one year into its implementation, it is delivering on both counts.

In coming years, it will bring the Government's investment in early learning and child care to around $10 billion a year, to the benefit of the 1.1 million families utilising approved care.

We have combined two separate payments into a single subsidy that is helping parents access more affordable early learning and child care while they can work, train, study or volunteer.

The Child Care Subsidy provides the most hours of support to the families who work the longest hours. It also ensures the greatest amount of financial support goes to the families who earn the least.

The vast majority of families are entitled to 72 hours or more of subsidised care per fortnight and most families are entitled to a subsidy rate of 50 per cent or more – approximately one quarter are entitled to the highest 85 per cent rate.

The latest Child Care Consumer Price Index figures from the ABS indicate that, across Australia, out of pocket costs for families are 7.9 per cent lower than their peak in the June quarter 2018.

More children and families are using subsidised care than ever before. There's no annual cap for more than three quarters of the families using the system. This is a great relief for those families who previously hit the cap before the end of the financial year.

The Child Care Safety Net, including the Additional Child Care Subsidy and Community Child Care Fund, is also helping our most vulnerable and disadvantaged children, giving them a strong start through access to quality early learning and child care.

Just over 12 months into implementation, it is clear that the Government is delivering on its goal to create a more affordable, accessible and flexible child care system.

We are also taking stock of areas for improvement.

A key to the successful implementation of the child care package was the extensive consultation undertaken with families and the child care sector.

Since July last year, the Government has continued to listen to feedback from families and the child care sector on what aspects of the child care package have worked well, their concerns, and what we could improve.

The key measures contained in this Bill reflect feedback from families and child care providers, and early findings from formal evaluation processes.

This Bill makes amendments to the current A New Tax System (Family Assistance) Act 1999 and A New Tax System (Family Assistance) (Administration) Act 1999, including:

            Another important change introduced by this Bill is the inclusion of In Home Care in the legislation. While In Home Care is currently given effect in subordinate legislation, it was not included in the Bill that gave effect to the child care package, because the final details of the program were not completed until after that legislation was passed.

            In addition to including the hourly rate cap for In Home Care alongside other care types, the Bill allows eligibility criteria for access to In Home Care to be prescribed in subordinate legislation to ensure this capped care type is targeted to families for whom other options are not available or appropriate.

            The Bill also contains a number of other refinements, corrections and consequential amendments to bring clarity to policy intent, address unintended consequences, and achieve closer alignment with related state and territory laws.

            In conclusion, this Bill demonstrates that the Government is making life easier for families and providers using child care subsidy and that the Government has been listening to hardworking Australian families and the child care sector.

            The changes in this Bill will reduce regulatory burden on families and child care providers, support vulnerable and disadvantaged families' access to quality early learning and child care, and help parents access financial assistance to support their participation in the workforce.

            The Government's landmark child care package is delivering significant and much needed reform. This Bill will ensure the Government continues to build on these significant achievements.

            I commend the Bill.

            TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) AMENDMENT (ASSISTANCE AND ACCESS AMENDMENTS REVIEW) BILL 2019

            I move that this Bill now be read a second time.

            The Parliamentary Joint Committee on Intelligence and Security (the PJCIS) and the Independent National Security Legislation Monitor (the INSLM) have important functions in oversight of Australia's national security and counter-terrorism legislation.

            This Bill ensures that both the PJCIS and the INSLM have adequate time to complete their reviews of the Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018.

            In its second review of the Assistance and Access Act, the Committee recommended that the deadline for its third review be extended to June 2020. The Chair of the Committee subsequently requested a further extension to 30 September 2020, to allow the Committee to consider any recommendations by the Monitor, who has asked the Committee for an extension until June 2020 to complete his own review of the legislation. The Government supported this recommendation and this request, and this Bill implements that change.

            The Government supported the recommendation due to the importance of ensuring a complete and comprehensive examination of the Assistance and Access Act by both the Committee and the Monitor, in the interests of protecting the security and the rights of all Australians.

            Given the impact of the Assistance and Access Act's importance in ensuring the safety and security of our community, the Government accepts the PJCIS and INSLM's request for more time to review the Act as they have requested.

            Extending the review dates will allow the Committee sufficient time to consider the findings of the Monitor and to undertake comprehensive consultations with industry and the public.

            By way of conclusion, I urge the timely passage of this Bill. I also acknowledge and appreciate the extensive and continuing work of the PJCIS and INSLM in reviewing this legislation.

            I commend the Bill to the House.

            Debate adjourned.

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