The House met, at 9 am, pursuant to adjournment. The Speaker (the Honourable M. Dick) took the Chair, made an acknowledgement of country and read Prayers.

Selection Committee

The Speaker presented the following document:

Report No. 29 relating to the consideration of committee and delegation business and private Members’ business on Monday, 19 August 2024.

Matter of privilege raised by the Member for Bruce —STATEMENT BY SPEAKER

The Speaker made the following statement:

On Monday 12 August , the honourable Member for Bruce raised a matter of privilege in connection with a concerns notice he received from lawyers acting on behalf of Mr John Margerison.

The basis of the Member’s complaint is that the concerns notice foreshadows legal action for defamation based on the material contained in a number of publications, much or all of which the Member submits is likely to be covered by parliamentary privilege. The Member asks that the House express a view on this matter, and resolve to take action to assert the protection of parliamentary privilege, should court proceedings be commenced.

The Member for Bruce also submits that the threat of legal action in the concerns notice may constitute a contempt of this House by way of improper interference with the free exercise of the Joint Committee of Public Accounts and Audit’s authority or functions, and the free exercise of his duties as a Member and as the Chair of the Committee.

Section 16 of the Parliamentary Privileges Act provides protections for ‘proceedings in Parliament [which] means all words spoken and acts done in the course of, or for the purposes of or incidental to, the transacting of the business’ of the House or a committee.

It is acknowledged that the courts have a role in interpreting what is included in ‘proceedings in Parliament’, in particular the scope of the term ‘for purposes of or incidental to’ the transacting of the business of a House.

I have considered the statement by the Member for Bruce, and the material he presented in support of it. I am satisfied that the Member has raised the matter at the earliest opportunity. While the Member for Bruce did not present the concerns notice itself, he presented what he described as ‘copies of the publications referred to in the concerns notice’ which include: a media release of the Joint Committee of Public Accounts and Audit; two Twitter (X) posts in the name of the Member for Bruce; four Facebook posts in the name of the Member for Bruce; and one YouTube video in the name of the Member for Bruce. Without the concerns notice itself to examine, I accept the Member’s description of it as threatening legal action against him should he not retract the publications and make an apology.

The question of whether the publication of material is likely to attract parliamentary privilege is clearer in some cases than in others. Whether publications such as social media posts referring to parliamentary proceedings would attract any level of protection has not been determined. However, a properly authorised media release by a parliamentary committee could reasonably be considered to be part of the committee’s business, and therefore be considered proceedings in parliament.

Any act or omission which obstructs or impedes either House of our Parliament in the performance of its functions, or which obstructs or impedes any Member or officer of a House in the discharge of his or her duty, or which has a tendency, directly or indirectly, to produce such results may be treated as a contempt. Threatening a Member with legal action, at least partly on the basis of the business of a parliamentary committee in the publishing of an authorised media release could possibly, therefore, be classified as a contempt.

Based on my careful consideration of all the information available to me, I am satisfied that where the Committee’s media release is concerned a prima facie case has been made out. I am therefore willing to give precedence to a motion concerning privilege or contempt, referring the matter to the Committee of Privileges and Members’ Interests.

As Members would be aware, and as House of Representatives Practice makes clear: ‘an opinion by the Speaker that a prima facie case has been made out does not imply a conclusion that a breach of privilege or contempt has occurred.’

In giving precedence for a motion to be moved, I am simply allowing the House the opportunity to consider a motion immediately, and debate and decide on whether the matter should be referred to the Committee for inquiry and report to the House.

Matter of privilege—Reference to Committee of Privileges and Members’ Interests

Mr Hill (Assistant Minister for Citizenship and Multicultural Affairs) moved—That the following matter be referred to the Committee of Privileges and Members’ Interests—Whether:

(1) the concerns notice issued to the Member for Bruce on behalf of Mr John Margerison foreshadows court proceedings that could not be pursued without breaching parliamentary privilege, such that the House should express a view on this matter, and intervene if court proceedings are commenced, in order to protect parliamentary privilege and the ability of this House and its members to undertake their work; and

(2) the threat of this legal action may constitute a contempt of this House by way of improper interference with the free exercise of the Joint Committee of Public Accounts and Audit’s authority or functions and of the Member for Bruce’s duties as a Member and as the Chair of the Committee, and may be seen to set a precedent if not addressed by the House.

Question—put and passed.

MESSAGE FROM THE SENATE

Message No. 334, 13 August 2024, from the Senate was reported informing the House that Senator Grogan had been discharged from attendance on the Joint Standing Committee on Electoral Matters, and Senator Brown had been appointed a member of the committee.

Public Service Amendment Bill (No. 2) 2024

Mr Shorten (Minister for Government Services), pursuant to notice, presented a Bill for an Act to amend the Public Service Act 1999 , and for other purposes.

Document

Mr Shorten presented an explanatory memorandum to the bill.

Bill read a first time.

Mr Shorten moved—That the bill be now read a second time.

Debate adjourned (Mr Coleman), and the resumption of the debate made an order of the day for the next sitting.

Treaties—Joint Standing Committee —REPORT—STATEMENT BY MEMBER

Ms Chesters presented the following document:

Treaties—Joint Standing Committee—Report 218: Fiji Status of Forces; UK Accession CPTPP; IPEF; ILO 191—Report, August 2024.

In accordance with standing order 39(e) the report was made a Parliamentary Paper.

Ms Chesters, by leave, made a statement in connection with the report.

Future Made in Australia Bill 2024

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time— And on the amendment moved thereto by Mr Taylor, viz.— That all words after “That” be omitted with a view to substituting the following words:

“the House declines to give the bill a second reading, and:

(1) notes:

(a) the failure of billions of dollars of the Government’s Future Made in Australia spending to meet the standards and processes laid out in this bill and the significant integrity concerns around these investments;

(b) the Government’s Future Made in Australia policy has been criticised by many eminent economists including the Productivity Commission’s Danielle Wood, former Productivity Commissioner Gary Banks, Australian National University visiting fellow Steven Hamilton, and University of New South Wales’ Professor Richard Holden; and

(c) this policy does not make up for the Government’s failures on economic management that are driving up the costs of manufacturing and have caused a tripling of manufacturing insolvencies since June 2022; and

(2) calls on the Government to get Australia’s economy back on track and back to basics by fighting inflation and reducing wasteful spending, reducing complexity and red tape for business, supporting affordable, reliable energy, and delivering lower, simpler, fairer taxes”—

Debate resumed.

Dr Ananda-Rajah addressing the House—

It being 1.30 pm, the debate was interrupted in accordance with standing order 43, Dr Ananda-Rajah was granted leave to continue her speech when the debate is resumed, and the resumption of the debate made an order of the day for a later hour this day.

MEMBERS’ STATEMENTS

Members’ statements were made.

QUESTIONS

Questions without notice being asked—

Document

Mr Clare (Minister for Education) presented the following document:

Better and Fairer Schools Agreement 2025-2034.

Questions without notice continuing—

Member directed to leave

At 2.52 pm the Member for Farrer ( Ms Ley ) was directed, under standing order 94, to leave the Chamber for one hour for interjecting and she accordingly left the Chamber.

Questions without notice continued.

DOCUMENT

The following document was presented:

Export Control Act 2020— Livestock mortalities during export by sea—Report for the period 1 January to 30 June 2024.

DISCUSSION OF MATTER OF PUBLIC IMPORTANCE— Housing

The House was informed that Dr M Ryan had proposed that a definite matter of public importance be submitted to the House for discussion, namely, “The need for the Government to urgently address the chronic shortage of housing in Australia”.

The proposed discussion having received the necessary support—

Dr M Ryan addressed the House.

Discussion ensued.

Discussion concluded.

Telecommunications Amendment (SMS Sender ID Register) Bill 2024 —REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber and agreed to without amendment, and presented a certified copy of the bill.

Bill agreed to.

On the motion of Ms Kearney (Assistant Minister for Health and Aged Care), by leave, the bill was read a third time.

Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Bill 2024 —REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber and agreed to without amendment, and presented a certified copy of the bill.

Bill agreed to.

On the motion of Mr Thistlethwaite (Assistant Minister for Immigration), by leave, the bill was read a third time.

Customs Licensing Charges Amendment Bill 2024 —REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber and agreed to without amendment, and presented a certified copy of the bill.

Bill agreed to.

On the motion of Mr Thistlethwaite (Assistant Minister for Immigration), by leave, the bill was read a third time.

Future Made in Australia Bill 2024

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time— And on the amendment moved thereto by Mr Taylor (see item No. 8, page 1769) —

Debate resumed.

Dr Haines moved, as an amendment to the amendment proposed by Mr Taylor—That all words after “House” be omitted with a view to substituting the following words:

“whilst not declining to give the bill a second reading:

(1) notes that:

(a) the 2024-25 Budget allocated $22.7 billion in taxpayer funds to the Future Made in Australia program;

(b) this is the second largest Budget measure announced in this term of Parliament; and

(c) concerns have been raised by the Productivity Commission, the Grattan Institute, the Climate Council of Australia, BP Australia, and the Australian Chamber of Commerce and Industry that the bill contains inadequate transparency measures to ensure Australians know how their money is being spent on Future Made in Australia supports;

(2) recognises that the Member for Indi’s Accountability of Grants, Investment Mandates and Use of Public Resources Amendment (End Pork Barrelling) Bill 2024 provides the necessary framework to help ensure the Government’s spending of taxpayer money to deliver the Future Made in Australia plan is transparent and fair; and

(3) calls on the Government to support the Accountability of Grants, Investment Mandates and Use of Public Resources Amendment (End Pork Barrelling) Bill 2024”.

Debate ensued.

Dr M Ryan moved, as an amendment to the amendment proposed by Dr Haines—That all words after “reading” be omitted with a view to substituting the following words:

“notes that:

(1) the Future Made in Australia national interest framework should be configured as the foundational reference for Australia’s industry policy;

(2) a robust governance structure for the framework must be ensured;

(3) clear criteria for national funding in the national interest should be established; and

(4) there should be periodic, independent reviews to ensure that industry policy remains effective and relevant”.

Debate ensued.

Ms Chesters addressing the House—

ADJOURNMENT

It being 7.30 pm—The question was proposed—That the House do now adjourn.

Debate ensued.

The House continuing to sit until 8 pm—The Speaker adjourned the House until 9 am tomorrow.

DOCUMENTS

The following documents were deemed to have been presented on 14 August 2024 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk):

Food Standards Australia New Zealand Act 1991—

Food Standards (Application A1261—Irradiation—Increase in maximum energy level) Variation [F2024L00986].

Food Standards (Application A1281—Food derived from herbicide-tolerant and insect-protected corn line DP910521) Variation [F2024L00987].

Food Standards (Application A1282—Subtilisin from GM Bacillus subtilis as a processing aid) Variation [F2024L00988].

Parliamentary Business Resources Act 2017— Parliamentary Business Resources Regulations 2017—Advice of decision to pay assistance—12 August 2024 [2].

ATTENDANCE

All Members attended (at some time during the sitting) except Mr Katter, Mr Leeser, Mr Thompson and Ms Wells.

Claressa Surtees

Clerk of the House of Representatives

The Federation Chamber met at 9.30 am.

MEMBERS’ CONSTITUENCY STATEMENTS

Members’ constituency statements were made.

Telecommunications Amendment (SMS Sender ID Register) Bill 2024

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—

Debate resumed.

Question—put and passed—bill read a second time.

Leave granted for the question on the report to be put immediately.

Question—That the bill be reported to the House without amendment—put and passed.

Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Bill 2024

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—

Debate resumed.

Question—put and passed—bill read a second time.

Leave granted for the question on the report to be put immediately.

Question—That the bill be reported to the House without amendment—put and passed.

Customs Licensing Charges Amendment Bill 2024

The order of the day having been read for the resumption of the debate on the question—That the bill be now read a second time—

Question—put and passed—bill read a second time.

Leave granted for the question on the report to be put immediately.

Question—That the bill be reported to the House without amendment—put and passed.

2024-25 budget papers—Motion to take note of Documents

The order of the day having been read for the resumption of the debate on the motion of Mr Burke (Leader of the House)—That the House take note of the following documents ( presented on 14 May 2024 ), viz.—

(1) Budget strategy and outlook—Budget paper No. 1—2024-25;

(2) Budget measures—Budget paper No. 2—2024-25;

(3) Federal financial relations—Budget paper No. 3—2024-25;

(4) Agency resourcing—Budget paper No. 4—2024-25;

(5) Women’s budget statement 2024-25, 14 May 2024; and

(6) Regional ministerial budget statement 2024-25—Delivering a resilient and prosperous future for regional Australia, 14 May 2024—

Debate resumed.

Debate adjourned (Ms Roberts), and the resumption of the debate made an order of the day for the next sitting.

ADJOURNMENT

On the motion of Ms Roberts, the Federation Chamber adjourned at 11.41 am, until 9.30 am tomorrow.

Peter Banson

Clerk of the Federation Chamber