COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES. House of Representatives. Official Hansard. No. 2, 2006 Thursday, 16 February 2006

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1 COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES House of Representatives Official Hansard No. 2, 2006 Thursday, 16 February 2006 FORTY-FIRST PARLIAMENT FIRST SESSION FIFTH PERIOD BY AUTHORITY OF THE HOUSE OF REPRESENTATIVES

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3 INTERNET The Votes and Proceedings for the House of Representatives are available at Proof and Official Hansards for the House of Representatives, the Senate and committee hearings are available at For searching purposes use SITTING DAYS 2006 Month Date February 7, 8, 9, 13, 14, 15, 16, 27, 28 March 1, 2, 27, 28, 29, 30 May 9, 10, 11, 22, 23, 24, 25, 29, 30, 31 June 1, 13, 14, 15, 19, 20, 21, 22 August 8, 9, 10, 14, 15, 16, 17 September 4, 5, 6, 7, 11, 12, 13, 14 October 9, 10, 11, 12, 16, 17, 18, 19, 30, 31 November 1, 2, 27, 28, 29, 30 December 4, 5, 6, 7 RADIO BROADCASTS Broadcasts of proceedings of the Parliament can be heard on the following Parliamentary and News Network radio stations, in the areas identified. CANBERRA SYDNEY NEWCASTLE GOSFORD BRISBANE GOLD COAST MELBOURNE ADELAIDE PERTH HOBART NORTHERN TASMANIA DARWIN 103.9FM 630 AM 1458 AM 98.1 FM 936 AM 95.7 FM 1026 AM 972 AM 585 AM 747 AM 92.5 FM FM

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5 FORTY-FIRST PARLIAMENT FIRST SESSION FIFTH PERIOD Governor-General His Excellency Major-General Michael Jeffery, Companion in the Order of Australia, Commander of the Royal Victorian Order, Military Cross House of Representatives Officeholders Speaker The Hon. David Peter Maxwell Hawker MP Deputy Speaker The Hon. Ian Raymond Causley MP Second Deputy Speaker Mr Henry Alfred Jenkins MP Members of the Speaker s Panel The Hon. Dick Godfrey Harry Adams, Mr Phillip Anthony Barresi, the Hon. Bronwyn Kathleen Bishop, Mr Michael John Hatton, Mr Peter John Lindsay, Mr Robert Francis McMullan, Mr Harry Vernon Quick, the Hon. Bruce Craig Scott, the Hon. Alexander Michael Somlyay, Mr Kim William Wilkie Leader of the House The Hon. Anthony John Abbott MP Deputy Leader of the House The Hon. Peter John McGauran MP Manager of Opposition Business Ms Julia Eileen Gillard MP Deputy Manager of Opposition Business Mr Anthony Norman Albanese MP Party Leaders and Whips Liberal Party of Australia Leader The Hon. John Winston Howard MP Deputy Leader The Hon. Peter Howard Costello MP Chief Government Whip Mr Kerry Joseph Bartlett MP Government Whips Mrs Joanna Gash MP and Mr Fergus Stewart McArthur MP The Nationals Leader The Hon. Mark Anthony James Vaile MP Deputy Leader The Hon. Warren Errol Truss MP Chief Whip Mr John Alexander Forrest MP Whip Mr Paul Christopher Neville MP Australian Labor Party Leader The Hon. Kim Christian Beazley MP Deputy Leader Ms Jennifer Louise Macklin MP Chief Opposition Whip The Hon. Leo Roger Spurway Price MP Opposition Whips Mr Michael David Danby MP and Ms Jill Griffiths Hall MP Printed by authority of the House of Representatives i

6 Members of the House of Representatives Member Division Party Abbott, Hon. Anthony John Warringah, NSW LP Adams, Hon. Dick Godfrey Harry Lyons, TAS ALP Albanese, Anthony Norman Grayndler, NSW ALP Anderson, Hon. John Duncan Gwydir, NSW Nats Andren, Peter James Calare, NSW Ind Andrews, Hon. Kevin James Menzies, VIC LP Bailey, Hon. Frances Esther McEwen, VIC LP Baird, Hon. Bruce George Cook, NSW LP Baker, Mark Horden Braddon, TAS LP Baldwin, Hon. Robert Charles Paterson, NSW LP Barresi, Phillip Anthony Deakin, VIC LP Bartlett, Kerry Joseph Macquarie, NSW LP Beazley, Hon. Kim Christian Brand, WA ALP Bevis, Hon. Archibald Ronald Brisbane, QLD ALP Billson, Hon. Bruce Fredrick Dunkley, VIC LP Bird, Sharon Cunningham, NSW ALP Bishop, Hon. Bronwyn Kathleen Mackellar, NSW LP Bishop, Hon. Julie Isabel Curtin, WA LP Bowen, Christopher Eyles Prospect, NSW ALP Broadbent, Russell Evan McMillan, VIC LP Brough, Hon. Malcolm Thomas Longman, QLD LP Burke, Anna Elizabeth Chisholm, VIC ALP Burke, Anthony Stephen Watson, NSW ALP Byrne, Anthony Michael Holt, VIC ALP Cadman, Hon. Alan Glyndwr Mitchell, NSW LP Causley, Hon. Ian Raymond Page, NSW Nats Ciobo, Steven Michele Moncrieff, Qld LP Cobb, Hon. John Kenneth Parkes, NSW Nats Corcoran, Ann Kathleen Isaacs, VIC ALP Costello, Hon. Peter Howard Higgins, Vic LP Crean, Hon. Simon Findlay Hotham, Vic ALP Danby, Michael Melbourne Ports, Vic ALP Downer, Hon. Alexander John Gosse Mayo, SA LP Draper, Patricia Makin, SA LP Dutton, Hon. Peter Craig Dickson, Qld LP Edwards, Hon. Graham John Cowan, WA ALP Elliot, Maria Justine Richmond, NSW ALP Ellis, Annette Louise Canberra, ACT ALP Ellis, Katherine Margaret Adelaide, SA ALP Elson, Kay Selma Forde, QLD LP Emerson, Craig Anthony Rankin, Qld ALP Entsch, Hon. Warren George Leichhardt, NSW LP Farmer, Hon. Patrick Francis Macarthur, NSW LP Fawcett, David Julian Wakefield, SA LP Ferguson, Laurence Donald Thomas Reid, NSW ALP Ferguson, Martin John, AM Batman, Vic ALP Ferguson, Michael Darrel Bass, TAS LP ii

7 Members of the House of Representatives Member Division Party Fitzgibbon, Joel Andrew Hunter, NSW ALP Forrest, John Alexander Mallee, VIC Nats Gambaro, Hon. Teresa Petrie, QLD LP Garrett, Peter Robert, AM Kingsford Smith, NSW ALP Gash, Joanna Gilmore, NSW LP Georganas, Steven Hindmarsh, SA ALP George, Jennie Throsby, NSW ALP Georgiou, Petro Kooyong, Vic LP Gibbons, Stephen William Bendigo, Vic ALP Gillard, Julia Eileen Lalor, Vic ALP Grierson, Sharon Joy Newcastle, NSW ALP Griffin, Alan Peter Bruce, Vic ALP Haase, Barry Wayne Kalgoorlie, WA LP Hall, Jill Griffiths Shortland, NSW ALP Hardgrave, Hon. Gary Douglas Moreton, Qld LP Hartsuyker, Luke Cowper, NSW Nats Hatton, Michael John Blaxland, NSW ALP Hawker, Hon. David Peter Maxwell Wannon, Vic LP Hayes, Christopher Patrick Werriwa, NSW ALP Henry, Stuart Hasluck, WA LP Hoare, Kelly Joy Charlton, NSW ALP Hockey, Hon. Joseph Benedict North Sydney, NSW LP Howard, Hon. John Winston Bennelong, NSW LP Hull, Kay Elizabeth Riverina, NSW Nats Hunt, Hon. Gregory Andrew Flinders, Vic LP Irwin, Julia Claire Fowler, NSW ALP Jenkins, Harry Alfred Scullin, Vic ALP Jensen, Dennis Geoffrey Tangney, WA LP Johnson, Michael Andrew Ryan, Qld LP Jull, Hon. David Francis Fadden, Qld LP Katter, Hon. Robert Carl Kennedy, Qld Ind Keenan, Michael Fayat Stirling, WA LP Kelly, Hon. De-Anne Margaret Dawson, Qld Nats Kelly, Hon. Jacqueline Marie Lindsay, NSW LP Kerr, Hon. Duncan James Colquhoun, SC Denison, Tas ALP King, Catherine Fiona Ballarat, Vic ALP Laming, Andrew Charles Bowman, Qld LP Lawrence, Hon. Carmen Mary Fremantle, WA ALP Ley, Hon. Sussan Penelope Farrer, NSW LP Lindsay, Peter John Herbert, Qld LP Livermore, Kirsten Fiona Capricornia, Qld ALP Lloyd, Hon. James Eric Robertson, NSW LP Macfarlane, Hon. Ian Elgin Groom, Qld LP Macklin, Jennifer Louise Jagajaga, Vic ALP Markus, Louise Elizabeth Greenway, NSW LP May, Margaret Ann McPherson, Qld LP McArthur, Fergus Stewart Corangamite, Vic LP McClelland, Robert Bruce Barton, NSW ALP iii

8 Members of the House of Representatives Member Division Party McGauran, Hon. Peter John Gippsland, Vic Nats McMullan, Robert Francis Fraser, ACT ALP Melham, Daryl Banks, NSW ALP Moylan, Hon. Judith Eleanor Pearce, WA LP Murphy, John Paul Lowe, NSW ALP Nairn, Hon. Gary Roy Eden-Monaro, NSW LP Nelson, Hon. Brendan John Bradfield, NSW LP Neville, Paul Christopher Hinkler, Qld Nats O Connor, Brendan Patrick John Gorton, Vic ALP O Connor, Gavan Michael Corio, Vic ALP Owens, Julie Ann Parramatta, NSW ALP Panopoulos, Sophie Indi, Vic LP Pearce, Hon. Christopher John Aston, Vic LP Plibersek, Tanya Joan Sydney, NSW ALP Price, Hon. Leo Roger Spurway Chifley, NSW ALP Prosser, Hon. Geoffrey Daniel Forrest, WA LP Pyne, Hon. Christopher Maurice Sturt, SA LP Quick, Harry Vernon Franklin, Tas ALP Randall, Don James Canning, WA LP Richardson, Kym Kingston, SA LP Ripoll, Bernard Fernando Oxley, Qld ALP Robb, Hon. Andrew John Goldstein, Vic LP Roxon, Nicola Louise Gellibrand, Vic ALP Rudd, Kevin Michael Griffith, Qld ALP Ruddock, Hon. Philip Maxwell Berowra, NSW LP Sawford, Rodney Weston Port Adelaide, SA ALP Schultz, Albert John Hume, NSW LP Scott, Hon. Bruce Craig Maranoa, Qld Nats Secker, Patrick Damien Barker, SA LP Sercombe, Robert Charles Grant Maribyrnong, Vic ALP Slipper, Hon. Peter Neil Fisher, Qld LP Smith, Anthony David Hawthorn Casey, Vic LP Smith, Stephen Francis Perth, WA ALP Snowdon, Hon. Warren Edward Lingiari, NT ALP Somlyay, Hon. Alexander Michael Fairfax, Qld LP Southcott, Andrew John Boothby, SA LP Stone, Hon. Sharman Nancy Murray, Vic LP Swan, Wayne Maxwell Lilley, Qld ALP Tanner, Lindsay James Melbourne, Vic ALP Thompson, Cameron Paul Blair, QLD LP Thomson, Kelvin John Wills, Vic ALP Ticehurst, Kenneth Vincent Dobell, NSW LP Tollner, David William Solomon, NT CLP Truss, Hon. Warren Errol Wide Bay, QLD Nats Tuckey, Hon. Charles Wilson O Connor, WA LP Turnbull, Hon. Malcolm Bligh Wentworth, NSW LP Vaile, Hon. Mark Anthony James Lyne, NSW Nats Vale, Hon. Danna Sue Hughes, NSW LP iv

9 Members of the House of Representatives Member Division Party Vamvakinou, Maria Calwell, VIC ALP Vasta, Ross Xavier Bonner, QLD LP Wakelin, Barry Hugh Grey, SA LP Washer, Malcolm James Moore, WA LP Wilkie, Kim William Swan, WA ALP Windsor, Antony Harold Curties New England, NSW Ind Wood, Jason Peter La Trobe, VIC LP PARTY ABBREVIATIONS ALP Australian Labor Party; LP Liberal Party of Australia; Nats The Nationals; Ind Independent; CLP Country Liberal Party; AG Australian Greens Heads of Parliamentary Departments Clerk of the Senate H Evans Clerk of the House of Representatives I C Harris Secretary, Department of Parliamentary Services H R Penfold QC v

10 HOWARD MINISTRY Prime Minister Minister for Trade and Deputy Prime Minister Treasurer Minister for Transport and Regional Services Minister for Defence Minister for Foreign Affairs Minister for Health and Ageing and Leader of the House Attorney-General Minister for Finance and Administration, Leader of the Government in the Senate and Vice-President of the Executive Council Minister for Agriculture, Fisheries and Forestry and Deputy Leader of the House Minister for Immigration and Multicultural Affairs Minister for Education, Science and Training and Minister Assisting the Prime Minister for Women s Issues Minister for Family, Community Services and Indigenous Affairs Minister Assisting the Prime Minister for Indigenous Affairs Minister for Industry, Tourism and Resources Minister for Employment and Workplace Relations and Minister Assisting the Prime Minister for the Public Service Minister for Communications, Information Technology and the Arts and Deputy Leader of the Government in the Senate Minister for the Environment and Heritage The Hon. John Winston Howard MP The Hon. Mark Anthony James Vaile MP The Hon. Peter Howard Costello MP The Hon. Warren Errol Truss MP The Hon. Dr Brendan John Nelson MP The Hon. Alexander John Gosse Downer MP The Hon. Anthony John Abbott MP The Hon. Philip Maxwell Ruddock MP Senator the Hon. Nicholas Hugh Minchin The Hon. Peter John McGauran MP Senator the Hon. Amanda Eloise Vanstone The Hon. Julie Isabel Bishop MP The Hon. Malcolm Thomas Brough MP The Hon. Ian Elgin Macfarlane MP The Hon. Kevin James Andrews MP Senator the Hon. Helen Lloyd Coonan Senator the Hon. Ian Gordon Campbell (The above ministers constitute the cabinet) vi

11 HOWARD MINISTRY continued Minister for Justice and Customs and Manager of Government Business in the Senate Minister for Fisheries, Forestry and Conservation Minister for the Arts and Sport Minister for Human Services Minister for Community Affairs Minister for Revenue and Assistant Treasurer Special Minister of State Minister for Vocational and Technical Education and Minister Assisting the Prime Minister Minister for Ageing Minister for Small Business and Tourism Minister for Local Government, Territories and Roads Minister for Veterans Affairs and Minister Assisting the Minister for Defence Minister for Workforce Participation Parliamentary Secretary to the Minister for Finance and Administration Parliamentary Secretary to the Minister for Industry, Tourism and Resources Parliamentary Secretary to the Minister for Health and Ageing Parliamentary Secretary to the Minister for Defence Parliamentary Secretary (Trade) Parliamentary Secretary to the Minister for Immigration and Multicultural Affairs Parliamentary Secretary to the Prime Minister Parliamentary Secretary to the Treasurer Parliamentary Secretary to the Minister for the Environment and Heritage Parliamentary Secretary to the Minister for Agriculture, Fisheries and Forestry Parliamentary Secretary to the Minister for Education, Science and Training Parliamentary Secretary (Foreign Affairs) Senator the Hon. Christopher Martin Ellison Senator the Hon. Eric Abetz Senator the Hon. Charles Roderick Kemp The Hon. Joseph Benedict Hockey MP The Hon. John Kenneth Cobb MP The Hon. Peter Craig Dutton MP The Hon. Gary Roy Nairn MP The Hon. Gary Douglas Hardgrave MP Senator the Hon. Santo Santoro The Hon. Frances Esther Bailey MP The Hon. James Eric Lloyd MP The Hon. Bruce Frederick Billson MP The Hon. Dr Sharman Nancy Stone MP Senator the Hon. Richard Mansell Colbeck The Hon. Robert Charles Baldwin MP The Hon. Christopher Maurice Pyne MP Senator the Hon. John Alexander Lindsay (Sandy) Macdonald The Hon. De-Anne Margaret Kelly MP The Hon. Andrew John Robb MP The Hon. Malcolm Bligh Turnbull MP The Hon. Christopher John Pearce MP The Hon. Gregory Andrew Hunt MP The Hon. Sussan Penelope Ley MP The Hon. Patrick Francis Farmer MP The Hon. Teresa Gambaro MP vii

12 SHADOW MINISTRY Leader of the Opposition Deputy Leader of the Opposition and Shadow Minister for Education, Training, Science and Research Leader of the Opposition in the Senate, Shadow Minister for Indigenous Affairs and Shadow Minister for Family and Community Services Deputy Leader of the Opposition in the Senate and Shadow Minister for Communications and Information Technology Shadow Minister for Health and Manager of Opposition Business in the House Shadow Treasurer Shadow Attorney-General Shadow Minister for Industry, Infrastructure and Industrial Relations Shadow Minister for Foreign Affairs and Trade and Shadow Minister for International Security Shadow Minister for Defence Shadow Minister for Regional Development Shadow Minister for Primary Industries, Resources, Forestry and Tourism Shadow Minister for Environment and Heritage, Shadow Minister for Water and Deputy Manager of Opposition Business in the House Shadow Minister for Housing, Shadow Minister for Urban Development and Shadow Minister for Local Government and Territories Shadow Minister for Public Accountability and Shadow Minister for Human Services Shadow Minister for Finance Shadow Minister for Superannuation and Intergenerational Finance and Shadow Minister for Banking and Financial Services Shadow Minister for Child Care, Shadow Minister for Youth and Shadow Minister for Women Shadow Minister for Employment and Workforce Participation and Shadow Minister for Corporate Governance and Responsibility The Hon. Kim Christian Beazley MP Jennifer Louise Macklin MP Senator Christopher Vaughan Evans Senator Stephen Michael Conroy Julia Eileen Gillard MP Wayne Maxwell Swan MP Nicola Louise Roxon MP Stephen Francis Smith MP Kevin Michael Rudd MP Robert Bruce McClelland MP The Hon. Simon Findlay Crean MP Martin John Ferguson MP Anthony Norman Albanese MP Senator Kim John Carr Kelvin John Thomson MP Lindsay James Tanner MP Senator the Hon. Nicholas John Sherry Tanya Joan Plibersek MP Senator Penelope Ying Yen Wong (The above are shadow cabinet ministers) viii

13 SHADOW MINISTRY continued Shadow Minister for Consumer Affairs and Laurie Donald Thomas Ferguson MP Shadow Minister for Population Health and Health Regulation Shadow Minister for Agriculture and Fisheries Gavan Michael O Connor MP Shadow Assistant Treasurer, Shadow Minister for Joel Andrew Fitzgibbon MP Revenue and Shadow Minister for Small Business and Competition Shadow Minister for Transport Senator Kerry Williams Kelso O Brien Shadow Minister for Sport and Recreation Senator Kate Alexandra Lundy Shadow Minister for Homeland Security and The Hon. Archibald Ronald Bevis MP Shadow Minister for Aviation and Transport Security Shadow Minister for Veterans Affairs and Alan Peter Griffin MP Shadow Special Minister of State Shadow Minister for Defence Industry, Senator Thomas Mark Bishop Procurement and Personnel Shadow Minister for Immigration Anthony Stephen Burke MP Shadow Minister for Aged Care, Disabilities and Senator Jan Elizabeth McLucas Carers Shadow Minister for Justice and Customs and Senator Joseph William Ludwig Manager of Opposition Business in the Senate Shadow Minister for Overseas Aid and Pacific Robert Charles Grant Sercombe MP Island Affairs Shadow Parliamentary Secretary for Peter Robert Garrett MP Reconciliation and the Arts Shadow Parliamentary Secretary to the Leader of John Paul Murphy MP the Opposition Shadow Parliamentary Secretary for Defence and The Hon. Graham John Edwards MP Veterans Affairs Shadow Parliamentary Secretary for Education Kirsten Fiona Livermore MP Shadow Parliamentary Secretary for Environment Jennie George MP and Heritage Shadow Parliamentary Secretary for Industry, Bernard Fernando Ripoll MP Infrastructure and Industrial Relations Shadow Parliamentary Secretary for Immigration Ann Kathleen Corcoran MP Shadow Parliamentary Secretary for Treasury Catherine Fiona King MP Shadow Parliamentary Secretary for Science and Senator Ursula Mary Stephens Water Shadow Parliamentary Secretary for Northern The Hon. Warren Edward Snowdon MP Australia and Indigenous Affairs ix

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15 CONTENTS THURSDAY, 16 FEBRUARY CHAMBER Questions to the Speaker Therapeutic Goods Amendment (Repeal of Ministerial Responsibility for Approval of RU486) Legislation...1 Schools Assistance (Learning Together Achievement Through Choice and Opportunity) Amendment Bill 2006 First Reading...1 Second Reading...1 Cancer Australia Bill 2006 First Reading...3 Second Reading...3 Health Legislation Amendment (Pharmacy Location Arrangements) Bill 2006 First Reading...4 Second Reading...4 Bankruptcy Legislation Amendment (Fees and Charges) Bill 2006 First Reading...5 Second Reading...5 Telecommunications (Interception) Amendment Bill 2006 First Reading...7 Second Reading...7 Family Assistance, Social Security and Veterans Affairs Legislation Amendment (2005 Budget and Other Measures) Bill 2006 First Reading...10 Second Reading...10 Tax Laws Amendment (2006 Measures No. 1) Bill 2006 First Reading...12 Second Reading...12 Therapeutic Goods Amendment (Repeal of Ministerial Responsibility for Approval of RU486) Bill 2005 Second Reading...13 Consideration in Detail...53 Third Reading...63 Committees Public Works Committee Approval of Work...63 Approval of Work...63 Approval of Work...63 Avoiding Dangerous Climate Change (Kyoto Protocol Ratification) Legislation...64 Ministerial Arrangements...65 Questions Without Notice Oil for Food Program...65 Oil for Food Program...66 Oil for Food Program...66 Distinguished Visitors...67 Questions Without Notice Oil for Food Program...67 Oil for Food Program...68 Goods and Services Tax: States Funding...68 Oil for Food Program...70

16 CONTENTS continued Health: Queensland...70 Oil for Food Program...71 Government Schools...72 Oil for Food Program...73 Australian Defence Force...74 Mr Trevor Flugge...75 Air Safety...76 Oil for Food Program...77 National Security...77 Oil for Food Program...77 Vocational and Technical Education...78 Oil for Food Program...79 Financial Management...79 Personal Explanations...80 Questions to the Speaker Parliamentary Behaviour...80 Questions in Writing...81 Parliament House: Rectractable Bollards...81 Documents...81 Special Adjournment...82 Committees Public Works Committee Reference...82 Matters of Public Importance Oil for Food Program...82 Committees Members Interests Committee Report...94 Publications Committee Report...94 Appropriation Bill (No. 3) Report from Main Committee...95 Third Reading...95 Appropriation Bill (No. 4) Report from Main Committee...95 Third Reading...95 Defence (Road Transport Legislation Exemption) Bill 2005 Report from Main Committee...95 Third Reading...95 Ministers of State Amendment Bill 2005 Second Reading...95 Adjournment Oil for Food Program Disability Services Howard Government: Accountability Trade: Single Desk Policy Oil for Food Program Hillsong Emerge Notices MAIN COMMITTEE Statements by Members Business Regulation Mental Health

17 CONTENTS continued Hillsong Emerge Bonner Electorate: Roads Fuel Prices USS Ronald Reagan Oil for Food Program Second Reading Amendments Corporations and Financial Services Committee: Report Shoalhaven Youth Development Demonstration Project Appropriation Bill (No. 3) and Appropriation Bill (No. 4) Second Reading Appropriation Bill (No. 4) Second Reading Defence (Road Transport Legislation Exemption) Bill 2005 Second Reading Adjournment Commonwealth Scientific and Industrial Research Organisation Investing in Our Schools Program QUESTIONS IN WRITING Environment: Envirofund (Question No. 2556)...155

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19 Thursday, 16 February 2006 HOUSE OF REPRESENTATIVES 1 Thursday, 16 February 2006 The SPEAKER (Hon. David Hawker) took the chair at 9.00 am and read prayers. QUESTIONS TO THE SPEAKER Therapeutic Goods Amendment (Repeal of Ministerial Responsibility for Approval of RU486) Legislation The SPEAKER (9.00 am) The member for Melbourne asked me questions yesterday about certain consequences of negativing a second reading amendment. My response is as follows: the question before the House is that the second reading amendment moved by the member for Lindsay to the RU486 bill be agreed to. If the House negatives that question, it will not be possible for her or any other member to move amendments in detail the same in substance as the policy outlined in that second reading amendment. In addition to a question about the specific matter, the member for Melbourne asked me about the general position following the negativing of a second reading amendment. In most instances, following the moving of such an amendment, the question put to the House is: That the words proposed to be omitted by the amendment stand part of the question. If this question is agreed to, the House does not proceed to make a decision on the words proposed to be substituted. It is therefore in order for similar specific amendments to be moved during consideration in detail. SCHOOLS ASSISTANCE (LEARNING TOGETHER ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) AMENDMENT BILL 2006 First Reading Bill presented by Ms Julie Bishop, and read a first time. Second Reading Ms JULIE BISHOP (Curtin Minister for Education, Science and Training and Minister Assisting the Prime Minister for Women s Issues) (9.02 am) I move: That this bill be now read a second time. The purpose of the bill is to amend the Schools Assistance (Learning Together Achievement Through Choice and Opportunity) Act 2004, which provides funding to states and territories for government schools and funding for non-government schools for the funding quadrennium. The Australian government will provide a record estimated $33 billion in funding for Australian schools over the four years, This is the largest ever commitment by an Australian government to schooling in Australia. The act provided for a significant investment towards school infrastructure, providing an additional $1 billion of Australian government funding for the Investing in Our Schools Program. Of this additional funding, $700 million will be provided to state and territory government schools and $300 million to non-government schools. Through this program, the Australian government is responding to the need to restore and build Australia s school buildings and grounds by injecting much needed additional funding into schools. The standard of school infrastructure can have a marked bearing on teaching and learning in schools. The Australian government already contributes very significantly to school infrastructure funding in both state owned government schools and in non-government schools as a means of improving educational outcomes for Australian children. The $1 billion Investing in Our Schools initiative takes the total Australian government commitment to capital works in schools across Australia to an estimated $2.7 billion over An estimated $1.7 billion is being provided under the Capital CHAMBER

20 2 HOUSE OF REPRESENTATIVES Thursday, 16 February 2006 Grants Program over to assist the building, maintenance and updating of schools throughout Australia. One of the most important features of the new initiative is that for state and territory government schools it is the school communities themselves who determine their school infrastructure priorities. For example, it may be that parents identify a need for the installation of airconditioning or heating, or that the school Parents and Friends Association, in conjunction with teachers, determines that funds should be sought to install or upgrade computer facilities or construct outdoor shade structures. Under this program we are empowering the school community getting teachers, parents, students, counsellors and friends of the school, along with the school principal, involved in making decisions about what infrastructure is right for their school. A further important feature of this program is that it has started to deliver a whole range of often overlooked, but still important, smaller infrastructure projects that are so often desperately needed by school communities but never seem to make it on the priority list of state education bureaucracies. It is helping to alleviate the ongoing pressure on school communities to undertake their own fundraising. There has been an overwhelming response for applications under the Investing in Our Schools Program. The Australian government approved 4,034 round 1 projects in 2005, with projects being undertaken in 2,614 schools across Australia. Due to this overwhelming demand, the assessment of 2005 round 2 projects has extended into The bill amends the act to enable some 2005 funding under the Investing in Our Schools Program to be carried over to The bill also brings forward allocated program funds from 2008 to 2006 to help meet the sheer volume of need that is clearly evident in the state school sector. We are in the business of getting things done and moving these funds will allow this program to deliver results quickly. While this bill involves funding for state and territory government schools, it is also important to note that this government, through the Investing in Our Schools Program, is also delivering an additional $300 million in infrastructure funding for non-government schools to support the longterm infrastructure needs of Catholic and independent schools across Australia. Under the Capital Grants Program an estimated $1.7 billion is being provided over to assist the building, maintenance and updating of schools throughout Australia. An estimated $1.2 billion will be provided for state and territory government schools during , whilst an estimated $471 million will be provided for Catholic and independent schools over the same period. The socioeconomic status (SES) funding arrangements are the basis for Australian government general recurrent grant funding to non-government schools in Australia for Schools are funded on the basis of the SES of the communities from which they draw their students. Schools serving the poorest communities receive the highest level of assistance, while schools serving the wealthiest communities receive the least amount of assistance. Under the act, non-government special schools automatically have an SES funding level of 70 per cent of the relevant average government school recurrent cost amount, which is the highest general recurrent funding level. The bill will amend the act to automatically provide maximum general recurrent funding to non-government schools that cater CHAMBER

21 Thursday, 16 February 2006 HOUSE OF REPRESENTATIVES 3 primarily for students with social, emotional or behavioural difficulties who are at risk of leaving mainstream schooling. In some states, recognition as a special school does not include schools that cater for socially and emotionally disturbed students at risk of dropping out of the education system. The amendments to the act correct this anomaly and fulfil the intention of providing maximum general recurrent funding to these schools. This amendment is consistent with the original intention of the SES funding arrangements for these schools. In order to improve financial management of schools programs funded under the act, the bill also amends the act to provide some flexibility to move program funds between program years. This measure is being implemented by including a regulation-making power in the act. This amendment supports the intention of the act to maintain security and stability of Australian government financial assistance for the quadrennium. The bill also amends the act to utilise unspent funding from the pilot Tutorial Voucher Initiative, which was an innovative and practical pilot program conducted in Under this pilot, a tutorial voucher valued at up to $700 was available for children who were below the year 3 national reading benchmark in The Australian government intends to use these unspent funds to provide further literacy assistance for students in need. The Australian government became aware that a large number of children in Victoria and Queensland were unable to participate in the pilot due to their respective state governments either not notifying their parents of their eligibility to register for assistance or advising them of their eligibility to register for assistance after the closing date. These state governments had previously agreed to be responsible for notifying parents in a timely way. Passage of the bill is necessary to ensure that these important initiatives for students, schools and school communities can be implemented to continue to support the improvement in school outcomes across Australia. I commend this bill to the House and present the explanatory memorandum. Debate (on motion by Mr Edwards) adjourned. CANCER AUSTRALIA BILL 2006 First Reading Bill presented by Mr Abbott, and read a first time. Second Reading Mr ABBOTT (Warringah Minister for Health and Ageing) (9.11 am) I move: That this bill be now read a second time. The establishment of Cancer Australia as a new national agency delivers on the government s 2004 election commitment. The government will provide a total of $13.7 million over five years to establish this new agency. It will be an umbrella organisation for various cancer groups to provide leadership and vision, support to consumers and health professionals and make recommendations to the government about cancer policy and priorities. This should mean more research funding for cancer care, better support for those living with cancer, strengthened palliative care services, guidance in improvements in the prevention of cancer and better support for cancer professionals. In addition, Cancer Australia will have a role in the implementation of the following initiatives which are part of the 2004 Strengthening Cancer Care election policy: new approaches to mentoring regional cancer services; CHAMBER

22 4 HOUSE OF REPRESENTATIVES Thursday, 16 February 2006 a grants process targeted at building cancer support groups; a national awareness campaign for skin cancer, to be developed in conjunction with state and territory governments; a new dedicated budget for research into cancer, to be administered in conjunction with the National Health and Medical Research Council; and funding for clinical trials infrastructure for cancer patients. Cancer Australia is being established in consultation with national and state cancer councils, other cancer organisations and people living with cancer. The national priorities and strategies for the development of Cancer Australia came from a workshop of key cancer stakeholders in March last year. Cancer organisations have shown strong support for the development of Cancer Australia, to increase collaboration and to reduce duplication in cancer control. This bill establishes Cancer Australia as a new statutory agency. It outlines the functions of Cancer Australia and includes the terms of appointment and roles of the CEO, support staff and the advisory council. The new agency will comprise a chief executive officer (CEO), advisory council and support staff. The CEO will head the agency and will report to the Minister for Health and Ageing. The advisory council will advise the CEO and will consist of a chair and a maximum of 12 other members. The chair of the advisory council, Dr Bill Glasson, former President of the Australian Medical Association, has been appointed. The position of CEO has been advertised nationally with applications closing this month. In addition to government funding, it is expected that Cancer Australia will seek funding from other sources, particularly from the private sector. An important first step in developing Cancer Australia s role will be to map the current roles and responsibilities of various organisations in cancer policy and to determine these future roles. I look forward to Cancer Australia making an important contribution to improving cancer care in this country in the years ahead. I commend this bill to the House and present a copy of the explanatory memorandum. Debate (on motion by Mr Edwards) adjourned. HEALTH LEGISLATION AMENDMENT (PHARMACY LOCATION ARRANGEMENTS) BILL 2006 First Reading Bill presented by Mr Abbott, and read a first time. Second Reading Mr ABBOTT (Warringah Minister for Health and Ageing) (9.15 am) I move: That this bill be now read a second time. This bill proposes a number of amendments to the National Health Act 1953 relating to the arrangements for approving pharmacists to supply pharmaceutical benefits subsidised by the Commonwealth. These amendments are the result of the fourth community pharmacy agreement between the government and the Pharmacy Guild of Australia, and are aimed at ensuring that all Australians, particularly those in rural and remote areas, have reasonable access to the supply of pharmaceutical benefits. Significantly, this bill will extend the operation of pharmacy location rules and their administration by the Australian Community Pharmacy Authority. These rules prescribe location based criteria that must be satisfied CHAMBER

23 Thursday, 16 February 2006 HOUSE OF REPRESENTATIVES 5 in order for a pharmacist to obtain approval to supply pharmaceutical benefits at particular premises. Once approved, a pharmacist is entitled to be paid by the Commonwealth for the supply of pharmaceutical benefits. The extension of these rules and of their administration by the authority until 30 June 2010 will provide stability in the pharmacy sector and help to ensure that an accessible network of pharmacies exists to dispense pharmaceutical benefits to the Australian public. On some occasions, however, the location rules are unable to take into account the unique circumstances of a community and can result in that community being left without reasonable access to the supply of pharmaceutical benefits. This bill will provide the minister with a discretionary power to address, on an individual and timely basis, any unintended consequences of the application of the location rules. It enables the minister to substitute, for a decision by the secretary not to approve a pharmacist, a decision to approve a pharmacist. The minister is able to exercise this discretion if satisfied that the application of the location rules will result in a community being left without reasonable access to the supply of pharmaceutical benefits by a pharmacist and that the approval of the pharmacist is in the public interest. The bill will also make improvements to the administration processes governing the approval of pharmacists to supply PBS medicines. A small yet important amendment seeks to clarify the secretary s ability to approve more than one pharmacist to supply pharmaceutical benefits in respect of particular premises. Such approvals become important when a pharmacist has ceased trading but has not yet vacated the premises. The approval of a second pharmacist in these instances will allow for greater continuity of the supply of pharmaceutical benefits to those communities affected by the closure or relocation of a pharmacy business. This is because the incoming pharmacist will be able to begin the supply of pharmaceutical benefits as soon as the original pharmacist ceases to trade from the premises. The bill also proposes to simplify the approval process for pharmacists wishing to expand or contract their premises. Under existing arrangements, these types of applications must be referred to the authority, and can only be approved by the secretary if the authority has so recommended. This amendment means that it will no longer be necessary for such applications to be referred to the authority unless the secretary considers it appropriate. This amendment will reduce unnecessary administration for both the government and pharmacists alike, and promote greater efficiency in the pharmacy approval process. Finally, the bill makes several minor amendments. One will increase the membership of the authority to include a consumer representative, and the others are technical amendments to correct some references regarding the Australian Community Pharmacy Authority. I commend the bill to the House and present the explanatory memorandum. Debate (on motion by Mr Edwards) adjourned. BANKRUPTCY LEGISLATION AMENDMENT (FEES AND CHARGES) BILL 2006 First Reading Bill presented by Mr Ruddock, and read a first time. Second Reading Mr RUDDOCK (Berowra Attorney- General) (9.19 am) I move: That this bill be now read a second time. CHAMBER

24 6 HOUSE OF REPRESENTATIVES Thursday, 16 February 2006 The Bankruptcy Legislation Amendment (Fees and Charges) Bill 2006 will facilitate implementation of the government s cost recovery policy in providing personal insolvency services. The Insolvency and Trustee Service Australia (ITSA) provides personal insolvency services to the community. In accordance with the government s policy, ITSA has undertaken a review of its fees and charges to ensure that they properly reflect the cost of providing those services. That review has also enabled the government to determine which activities should attract a fee and the type of fee to apply. It is appropriate that some services should attract a fee payable by the person receiving the service while others are more appropriately paid for through an industry levy. The government has also decided that some of ITSA s services, in particular the cost of processing debtors petitions and debt agreement proposals, should continue to be budget funded. Stakeholders have been extensively consulted as part of the cost recovery review and will be consulted as part of any future reviews of fees and charges. The amendments proposed by this bill will enable me, as the portfolio minister, to make legislative instruments to determine the fees and charges that are provided in the Bankruptcy Act 1966, the Bankruptcy (Estate Charges) Act 1997 and the Bankruptcy (Registration Charges) Act The bill does not set out the amounts of any fees and charges. The amounts of the fees and charges will be set in legislative instruments to be drafted. The new fees and charges will apply from 1 July Enabling the minister to determine the fees and charges in a legislative instrument will allow greater flexibility to reflect price changes as they occur. ITSA intends to review its fees and charges biennially unless there are special circumstances warranting an earlier review. The bill will empower the minister to determine by legislative instrument the following fees and charges: the fees payable as remuneration to the Official Trustee for acting as trustee, controlling trustee or administrator in any administration under the Bankruptcy Act 1966; the fees payable to the Official Receiver for issuing a bankruptcy notice and exercising a power at the request of a trustee under the Bankruptcy Act 1966; the fees imposed on persons who are not creditors of a bankrupt or debtor for access to documents required to be filed by the Bankruptcy Act 1966; the fees payable for applying to be registered as a registered trustee, being registered as a registered trustee or obtaining an extension of the registration of a registered trustee; the fees relating to the national personal insolvency index; and the rate at which realisations charge is payable. Under ITSA s cost recovery arrangements, the realisations charge will be set at a level designed to recover the costs of the regulation of practitioners, investigation of bankruptcy fraud and administration of assetless estates. The government has decided not to apply the realisations charge to money received in debt agreements. This will assist in ensuring that debt agreements continue to be available as a viable alternative to bankruptcy for many debtors. There will be no change to the existing policy that the realisations charge must not be higher than 15 per cent. CHAMBER

25 Thursday, 16 February 2006 HOUSE OF REPRESENTATIVES 7 The costs of processing applications for, and extending, the registration of persons wishing to be registered as trustees under the Bankruptcy Act 1966 and changing the conditions that may be placed on their registration are charges separately imposed under the Bankruptcy (Registration Charges) Act As the costs of application for registration and its extension are able to be determined by reference to the actual costs of providing these registration services, these fees will properly be characterised as fees for service and not as taxes. The new fees will be determined by the minister by legislative instrument as fees for those services. The bill will also make other amendments to enhance the delivery of personal insolvency services, including: providing for an annual payment of the realisations charge and interest charge rather than a twice yearly payment; and ensuring ITSA is able to deliver more services electronically by removing possible impediments currently in the Bankruptcy Act The bill also includes some minor technical amendments to the Bankruptcy Act 1966 to clarify or update existing provisions. The amendments to be made by this bill have been developed following extensive public consultation. They will provide a flexible and accountable way to reflect the costs of providing personal insolvency services to the Australian community. I commend the bill to the House and table the explanatory memorandum. Debate (on motion by Ms Roxon) adjourned. TELECOMMUNICATIONS (INTERCEPTION) AMENDMENT BILL 2006 First Reading Bill presented by Mr Ruddock, and read a first time. Second Reading Mr RUDDOCK (Berowra Attorney- General) (9.24 am) I move: That this bill be now read a second time. This bill amends the Telecommunications (Interception) Act 1979 to implement recommendations of the report of the review of the regulation of access to communications, which was presented to the parliament on 14 September last year. The review examined the issue of how best to regulate access to communications in the ever-changing world of telecommunications technology. The Blunn report concluded that the interception regime is an extremely effective and necessary investigative tool that has proven remarkably robust. However, Mr Blunn also concluded that the regime requires amendment to maintain an appropriate balance between privacy protections and meeting the needs of security and law enforcement agencies. The bill is the first step in implementing Mr Blunn s recommendation that a comprehensive legislative regime dealing with access to telecommunications be established. Mr Blunn recommended that the overarching legislative framework address access to communications for law enforcement and security purposes, while preserving the privacy principles underpinning the current interception regime. This overarching legislation, to be called the Telecommunications (Interception and Access) Act, will continue to govern the interception of telecommunications in Austra- CHAMBER

26 8 HOUSE OF REPRESENTATIVES Thursday, 16 February 2006 lia, but will also establish a warrant regime for enforcement agencies to access stored communications held by a telecommunications carrier. The stored communications amendments create a general prohibition on access to stored communications held by a telecommunications carrier, subject to certain limitations. The primary exception is for access by enforcement agencies subject to a stored communications warrant. A stored communications warrant will be available to an enforcement agency that is investigating an offence punishable by a maximum period of imprisonment of at least three years, or a pecuniary penalty of at least 180 penalty points. The stored communications amendments will be strictly available to regulate the use, communication and recording of information obtained by accessing stored communications consistent with the way the use and communication of intercepted communications are currently regulated. Information obtained by accessing stored communications will only be used or communicated for a purpose in connection with the investigation of an offence that is punishable by a maximum period of imprisonment of one year, or a pecuniary penalty of at least 60 penalty units. The stored communications warrant regime will only apply to access to stored communications through a telecommunications carrier. Access to communications through end user equipment will continue to be possible through other means of lawful access to property, such as search warrants or notice to produce. The bill also implements a number of other recommendations proposed by Mr Blunn which are necessary to meet the needs of security and law enforcement agencies to combat the increasing use of emerging technologies by persons involved in the commission of serious criminal activity. The bill contains amendments to enable interception agencies to obtain an interception warrant in respect of the communications of an associate of a person of interest. This amendment will assist interception agencies to counter measures adopted by persons of interest to evade telecommunications interception, such as adopting multiple telecommunications services. The ability, as a last resort, to intercept the communications of an associate of a person of interest will ensure that the utility of interception is not undermined by evasive techniques adopted by suspects. Interception warrants are only available for investigations of serious offences punishable by a maximum period of at least seven years, and will only be available where the issuing authority is satisfied that: there are reasonable grounds for suspecting that a particular person is using, or is likely to use, the telecommunications service, and information that would be obtained by interception would be likely to assist in connection with the investigation by the agency of the seven-year offence in which the suspect is involved. The bill will insert an additional requirement that a warrant authorising the interception of the communications of an associate of the person of interest may only be given where the issuing authority is satisfied that the agency has exhausted all other practicable methods of identifying the telecommunications services used, or likely to be used, by the suspect. CHAMBER

27 Thursday, 16 February 2006 HOUSE OF REPRESENTATIVES 9 The issuing authority must also have regard to the following additional factors: how much the privacy of any person would be likely to be interfered with by the interception, the gravity or seriousness of the offences being investigated, how much the intercepted information would be likely to assist with the investigation by the agency of the offence, to what extent alternative methods of investigating the offence have been used by, or are available to, the agency, how much the use of such methods would be likely to assist in the investigation by the agency of the offence, and how much the use of such methods would be likely to prejudice the investigation by the agency of the offence. The bill also amends the interception regime to permit equipment based interception. This measure will likewise assist in countering evasive techniques employed by the targets of telecommunications interception. Equipment based interception will enable the interception of communications through a single piece of hardware, such as a mobile telephone handset. Interception on this basis will be subject to the same high threshold I listed earlier, including only being available in connection with the investigation of the most serious offences. In addition, the use of interception powers by security and law enforcement agencies continues to be subject to strict reporting, disclosure and destruction provisions of the act. Agency compliance with these accountability mechanisms is monitored by the Inspector-General of Intelligence and Security in the case of the Australian Security Intelligence Organisation and the ombudsman in relation to law enforcement agencies. I note that critics of Australia s interception regime have again advanced old arguments that Australian agencies intercept communications at many times the rate of United States agencies and others. As I have pointed out on a number of previous occasions, it is simply not true to complain that Australians are intercepted more than Americans. Direct comparisons between Australian and US statistics are misleading because legislative controls on interception differ widely between jurisdictions. Statistics published in the United States do not include interceptions considered by the investigators to be too sensitive to report. Investigators in Australian law enforcement agencies do not have this discretion and therefore all interceptions must be reported. United States law allows one warrant to authorise the interception of services used by many people, for instance where it becomes possible to identify criminal associates of the original suspect. This results in fewer statistical returns than under Australian law, which allows a warrant to authorise the interception of a single telecommunications service or the services of one named person only. Comparisons of the type made both recently and in the past are therefore misleading and unfairly impugn our law enforcement agencies. The use of interception is subject to strict controls and it is a tool to be employed only in the investigation of the most serious offences. The bill also implements recommendations of the Blunn report, which propose the removal of the distinction between class 1 and class 2 offences and the removal of the telecommunications interception remote authority connection (TIRAC) function from CHAMBER