Jonathon Duniam (Tasmania, Liberal Party, Assistant Minister for Forestry and Fisheries) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to various bills, allowing them to be considered during this period of sittings.

I also table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

AGED CARE AMENDMENT (AGED CARE RECIPIENT CLASSIFICATION) BILL 2020

Purpose of the Bill

To amend the Aged Care Act 1997 to allow an independent workforce to undertake classification of permanent residential aged care recipients with effect from I March 2021.

Reasons for Urgency

The current Aged Care Funding Instrument (ACFI) system for funding residential aged care providers has been criticised by the independent Aged Care Financing Authority as unstable, inefficient and not supporting deliver of quality care. The Aged Care Royal Commission has, in its propositions on funding, suggested a case-mix classification model for residential aged care with independent assessment. This proposition is consistent with the proposed new funding model for residential aged care, the Australian National Aged Care Classification (AN-ACC).

Passage of this bill by the end of December 2020 is required to put in place a key enabler of the new funding model — independent assessment of aged care residents for the purposes of resident classification — from 1 March 2021. The classification data collected over at least one year from 1 March 2021 will enable the Government to consider the appropriate amount of funding that each classification should attract in future if the Government decides to implement the new funding model.

Independent assessment will require a workforce of approximately 275 full time equivalent health professionals to act under delegation of the Secretary of the Department of Health to assess all residential aged care recipients for classification purposes between March 2021 and February 2022. A significant proportion of the assessors will need to be recruited and trained in January and February 2021 to achieve a I March 2021 start date.

If the bill is not dealt with in one sitting period the new assessment workforce cannot be recruited and trained to commence assessments from i March 2021, with flow on effects for the possible future commencement of the new funding model.

This bill responds to recommendations of the March 2019 Resource Utilisation and Classification Study (RUCS), which recommended fundamental change to the residential aged care funding system, including to the method of permanent residential aged care recipient classification and to associated distribution of funding among residential aged care providers.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 WINTER SITTINGS

NAME OF BILL

Aviation Legislation Amendment (Liability and Insurance) Bill 2020

Purpose of the Bill

The purpose of this Bill is to enhance the operation of Australia's civil aviation carriers' liability and insurance framework. The Bill will increase the minimum insurance requirements to appropriately match liability limits and also includes a range of technical amendments.

Reasons for Urgency

Passage of the legislation is urgently required to ensure mandatory insurance requirements match increases to airline liability limits (reflecting inflation) for passenger death/injury applicable under the Civil Aviation (Carriers' Liability) Act 1959 (CACL Act). Increases to the airline liability limit were implemented via regulation in 2019.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

CIVIL AVIATION (UNMANNED AIRCRAFT LEVY) BILL

CIVIL AVIATION AMENDMENT (UNMANNED AIRCRAFT LEVY COLLECTION AND PAYMENT) BILL

Purpose of the Bills

The purpose of the bills is to introduce legislation to create a legal mechanism to enable cost recovery from operators of Remotely Piloted Aircraft (RPA), commonly referred to as drones, for safety regulation purposes.

The Civil Aviation (Unmanned Aircraft Levy) Bill establishes the legal mechanism that will be utilised to impose a levy for future cost recovery arrangements for regulatory services for RPA operators. The Civil Aviation Amendment (Unmanned Aircraft Levy Collection and Payment) Bill amends the Civil Aviation Act 1998 to establish arrangements for the Civil Aviation Safety Authority (CASA) to collect the levy.

Reasons for Urgency

The number of RPA, also commonly known as drones, being operated in Australia is rapidly increasing, giving rise to a range of safety and other risks. In line with Australian Government policy, and to improve the safety regulation of drone operations in Australia, CASA is developing a mandatory registration regime for drones, as well as safety training and a basic competency test for drone operators. As the registration scheme commenced as planned on 30 September 2020, it is important that the legislative package is completed to implement the legal mechanism and to provide clarity to industry.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

CORPORATIONS AMENDMENT (CORPORATE INSOLVENCY REFORMS) BILL 2020

Purpose of the Bill

The bill will establish a simplified restructuring process and a simplified liquidation process for eligible incorporated small businesses, remove the barriers and costs associated with the registration of insolvency practitioners and embed technology neutral principles into insolvency law.

Reasons for Urgency

Passage of this bill is required by 31 December 2020 to enable Regulations for be made before 1 January 2021. The temporary relief granted by the Government expires on 31 December 2020 for companies that are insolvent. A failure to pass this legislation will result in significant impacts in the economy.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

EXCISE LEVIES LEGISLATION AMENDMENT (SHEEP AND LAMB) BILL 2020

CUSTOMS CHARGES AND LEVIES LEGISLATION AMENDMENT (SHEEP AND LAMB) BILL 2020

Purpose of the Bill

The Bills update the definition of Iamb for the purposes of imposing and collecting primary industry levies and charges to align with the new definition of lamb used for export purposes and by the industry.

The Bills repeal the existing definitions of lamb in the Primary Industries (Excise) Levies Act 1999, the Primary Industries (Customs) Charges Act 1999, the National Residue Survey (Excise) Levy Act 1998 and the National Residue Survey (Customs) Levy Act 1998 and replace them with the new definition: an ovine animal under 12 months of age or with no permanent incisor teeth in wear.

Reasons for Urgency

The Passage of the bills is necessary to ensure the change in the definition of lamb for the purposes of imposing primary industry levies and charges, can take effect on 1 January 2021. This timeframe will provide certainty for the sheep and meat processing industries about the commencement of the new definition for levies purposes.

Passage of the bills would reduce regulatory inconsistency for industry and ensure the intent of the sheep and meat processing industries are reflected in the levies they pay. Updating the definition will also support compliance with the levies scheme and provide administrative clarity for levy payers.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

EXPORT MARKET DEVELOPMENT GRANTS LEGISLATION AMENDMENT BILL 2020

Purpose of the Bill

The changes proposed in the Export Market Development Grants Amendment Bill 2020, amend the Export Market Development Grants Act 1997 (the Act) to reorient the Export Market Development Grants (EMDG) scheme to an eligibility-based, demand-driven grant program. These changes implement recommendations of the Review of Financial Assistance to Small and Medium Enterprise (SME) Exporters and are aimed at modernising the EMDG scheme.

Currently EMDG recipients apply annually and there can be a delay of up to two years between expenditure and reimbursement. The changes will provide SME exporters with an upfront grant agreement spanning two or three years providing certainty about grant funds, Financial assistance currently provided to industry bodies will be expanded to encompass industry alliances. Eligible expenses for this cohort will also be expanded to include expenses associated with preparing members to become ready for export.

The reoriented scheme will be simplified and streamlined and will help exporters recover fi-om COVID and diversify markets.

Reasons for Urgency

Passage of the Bill in this session is necessary for scheme commencement on 1 July 2021. The Government is introducing these changes as part of an overall package aimed at reigniting the Australian economy in light of the COVID-1 9 pandemic.

SME exporters have been significantly impacted by the COVID-19 pandemic. The reoriented EMDG scheme can stimulate export promotion activity by providing simpler administrative arrangements, earlier access to grant funds, and upfront grant funding certainty allowing them to plan their marketing and promotion activities with confidence.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

FINANCIAL SECTOR REFORM (HAYNE ROYAL COMMISSION RESPONSE) BILL 2020;

CORPORATIONS (FEES) AMENDMENT (HAYNE ROYAL COMMISSION RESPONSE) BILL 2020

Purpose of the Bills

The bills address a large number of the Financial Services Reform Royal Commission recommendations.

Reasons for Urgency'

The Government made a public commitment that implementation of these measures would be deferred by 6 months from 1 July 2020, taking implementation to I January 2021. Passage will assist in providing certainty and confidence in key parts of the financial services sector.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

FOREIGN INVESTMENT REFORM (PROTECTING AUSTRALIA'S NATIONAL SECURITY) BILL 2020

FOREIGN ACQUISITIONS AND TAKEOVERS FEES IMPOSITION AMENDMENT BILL 2020

Purpose of the Bill

The bill strengthens the existing foreign investment framework by:

Reasons for Urgency

On 5 June 2020 the Government publicly committed to implement the most comprehensive reforms to Australian's foreign investment review framework in more than 20 years.

The announced commencement date of the reforms is 1 January 2021. Introduction and passage of the bills is required as soon as possible to ensure the legislative framework and associated regulations can take effect from the date of commencement to provide certainty to investors.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

HEALTH INSURANCE AMENDMENT (COMPLIANCE ADMINISTRATION) BILL

Purpose of the Bill

The bill amends the Health Insurance Act 1973 (the HIA) to make it clearer that the

Commonwealth can seek to recover Medicare benefits and other payments because of false or misleading information provided in relation to a claim, whether or not the information was intentionally incorrect. This is to ensure that the current debt recovery provisions work as intended.

Reasons for Urgency

It is important that the bill is passed by the end of the 2020 Spring sittings to provide certainty for Medicare providers about the manner in which compliance provisions are applied. Medicare benefits are recovered from providers in circumstances where a provider makes incorrect claims, including where the patient has not received the services to which they were entitled. These amendments enable the Department to establish a debt based on the provision of false or misleading information, providing further consistency between claims lodged digitally or manually. This will support Medicare compliance processes, ensuring that patients receive the care for which Medicare benefits are paid, the Medicare program is not misused and Commonwealth money is protected.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

IMMIGRATION (EDUCATION) AMENDMENT (EXPANDING ACCESS TO ENGLISH TUITION) BILL

Purpose of the Bill

The purpose of the bill is to amend the Immigration (Education) Act 1971 to expand eligibility for and increase access to English tuition, to be delivered to eligible migrants under the Adult Migrant English Program (AMEP). The bill will remove the limit on the entitlement to free English tuition and remove time limits on enrolling in, commencing and completing English tuition for certain eligible migrants. The bill will also raise the upper limit on eligibility from functional English to vocational English, and allow for the delivery of English tuition to those migrants who are outside of Australia but intending to migrate to Australia (those who have applied for or have been granted certain eligible visas).

Reasons for Urgency

The bill requires urgent passage in the 2020 Spring sittings to enable the Government to better support migrants with low English proficiency to learn the national language, as a key enabler for social cohesion and to boost the employment and/or further education prospects of migrants (a critical priority given the economic challenges arising from the COVID-19 pandemic).

Urgent passage of the bill in the 2020 Spring sittings would also enable the Government to remove disincentives to English language learning, and to commence providing English tuition to many migrants who are currently ineligible for the program, due to not meeting the current timeframes for enrolment, commencement or completion of AMEP tuition.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

NATIONAL REDRESS SCHEME FOR INSTITUTIONAL CHILD SEXUAL ABUSE AMENDMENT (TECHNICAL AMENDMENTS) BILL

Purpose of the Bill

The bill will make minor technical amendments to the National Redress Scheme for Institutional Child Sexual Abuse Act 2018 to increase the efficiency of the National Redress Scheme.

Reasons for Urgency

The amendments made by the bill support greater efficiency and assist in finalising outstanding applications for survivors.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTING PERIOD

SOCIAL SECURITY (ADMINISTRATION) AMENDMENT (CONTINUATION OF CASHLESS WELFARE) BILL

Purpose of the Bill

This bill supports the transition from Income Management to the Cashless Debit Card in the Northern Territory and Cape York region and removes the trial parameters to establish the Cashless Debit Card as an ongoing program

Reasons for Urgency

Current legislative authority for the Cashless Debit Card in existing sites and Income Management in the Cape York region provided by the Coronavirus Economic Response Package (Deferral of Sunsetting — Income Management and Cashless Welfare Arrangements) Determination 2020 ceases on 31 December 2020.

Passage is required in the Spring 2020 sittings to ensure the program continues to support participants and communities by providing budgeting support and reducing spending on alcohol, drugs and gambling products that cause social harm.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

TERRITORIES LEGISLATION AMENDMENT BILL

BANKRUPTCY (ESTATE CHARGES) AMENDMENT (NORFOLK ISLAND) BILL

Purpose of the Bills

The bills will improve the governance frameworks in Norfolk Island, Christmas Island, the Cocos (Keeling) Islands and the Jervis Bay Territory. For Norfolk Island, they will bring the regulation of companies, bankruptcy, broadcasting and education services for overseas students into line with the rest of Australia and support the ongoing delivery of services such as health and education by a state or territory government partner.

Reasons for Urgency

Timely passage of the bills is necessary to bring regulation of companies, bankruptcy and broadcasting and education services for overseas students in Norfolk Island into line with the rest of Australia. For companies operating in Norfolk Island, the bills will ensure access to a modern regulatory system and business financing opportunities. This will assist Norfolk Island to respond and adapt to pressures associated with the COVID-19 pandemic.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

TREASURY LAWS AMENDMENT (2020 MEASURES NO. 5) BILL 2020

Purpose of the Bill

The purpose of the bill is to:

Income Tax Assessment Act 1997

Reasons for Urgency

The bill needs to be passed before the 31 December 2020 to:

enabling regulations to be made this year which will provide certainty on the tax treatment of eligible grants; and

enabling taxpayers to claim deductions for eligible donations on their 2019-20 tax returns.

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2020 SPRING SITTINGS

TREASURY LAWS AMENDMENT (2020 MEASURES NO. 6) BILL

Purpose of the Bill

The purpose of the bill is to:

make amendments to the temporary full expensing and backing business investment provisions in the income tax law to provide greater flexibility for entities to access the concessions;

amend the Competition and Consumer Act 2010 to reallocate rulemaking, sectoral assessment and other functions between agencies responsible for administering the Consumer Data Right (CDR);

clarify that disclosure to an accredited person within the CDR framework also includes disclosure to an agent acting on the accredited person's behalf;

amend the definition of 'basic religious entity within the Australian Charities and Not-for-profits Commission Act 2012 to exclude those entities who are not participants in the national redress scheme for institutional child sexual abuse and that have claims outstanding against them under the scheme; and

Reasons for Urgency

The bill requires introduction and passage by the end of 2020 to: