House

1

The House met, at 12 noon, pursuant to adjournment. The Speaker (the Honourable M. Dick) took the Chair, made an acknowledgement of country and read Prayers.

2

AUSTRALIAN PARLIAMENTARY DELEGATION —REPORT—STATEMENT BY SPEAKER

The Speaker presented the following document:

Australian Parliamentary Delegation to the 149th Inter-Parliamentary Union Assembly, Geneva, Switzerland and bilateral visit to France, 13 to 18 October 2024—Report, November 2024.

The Speaker made a statement in connection with the report.

3

DOCUMENT

Mr Gorman ( Assistant Minister to the Prime Minister ) presented the following document:

Australian Public Service Commission—State of the service—Report for 2023-24.

The document was made a Parliamentary Paper.

4

BILLS DECLARED REFERRED TO FEDERATION CHAMBER

Ms J Ryan (Chief Government Whip) declared that, unless otherwise ordered, the following bills stand referred to the Federation Chamber for further consideration:

(1) Surveillance Legislation (Confirmation of Application) Bill 2024;

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment Bill 2024;

Health Insurance (Pathology) (Fees) (Repeal) Bill 2024;

Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024; and

Competition and Consumer Amendment (Australian Energy Regulator Separation) Bill 2024;

at the adjournment of the debate on the motion for the second reading of each bill; and

(2) Commonwealth Entities (Payment Surcharges) Bill 2024;

Commonwealth Entities (Payment Surcharges) Tax (Imposition) Bill 2024; and

Commonwealth Entities (Payment Surcharges) (Consequential Provisions and Other Matters) Bill 2024;

at the adjournment of the debate on the motion for the second reading of the Commonwealth Entities (Payment Surcharges) Bill 2024.

5

Surveillance Legislation (Confirmation of Application) 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.

Debate adjourned (Mrs Elliot—Assistant Minister for the Prevention of Family Violence), and the resumption of the debate made an order of the day for a later hour this day.

6

Commonwealth Entities (Payment Surcharges) 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.

Debate adjourned (Mrs Elliot—Assistant Minister for the Prevention of Family Violence), and the resumption of the debate made an order of the day for a later hour this day.

7

Online Safety Amendment (Social Media Minimum Age) 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.

Ms Tink addressing the House—

It being 1.30 pm, the debate was interrupted in accordance with standing order 43, Ms Tink 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.

8

MEMBERS’ STATEMENTS

Members’ statements were made.

9

DEATH OF FORMER MEMBER ( the Honourable John Charles Hodges )

Mr Albanese (Prime Minister) referred to the death of the Honourable John Charles Hodges, and moved—That the House record its deep regret at the death, on 14 November 2024, of the Honourable John Charles Hodges, a former Minister and Member of this House for the Division of Petrie from 1974 to 1983 and 1984 to 1987, place on record its appreciation of his long and meritorious public service, and tender its profound sympathy to his family in their bereavement.

Mr Dutton (Leader of the Opposition) having seconded the motion, and Mr Howarth having addressed the House in support thereof, and all Members present having risen, in silence—

Debate adjourned (Mr Burke—Leader of the House), and the resumption of the debate made an order of the day for the next sitting.

Mr Burke declared the order of the day referred to the Federation Chamber for debate.

10

QUESTIONS

Questions without notice being asked—

Member directed to leave

At 3.06 pm the Member for Herbert ( Mr Thompson ) was directed, under standing order 94, to leave the Chamber for one hour for interjecting and he accordingly left the Chamber.

Questions without notice continued.

11

DOCUMENT

Mr Burke ( Leader of the House ) presented the following document:

Committee reports—Status of government responses in the House of Representatives to parliamentary committee reports as at 30 September 2024.

12

DISCUSSION OF MATTER OF PUBLIC IMPORTANCE— Economy

The House was informed that Mr Taylor had proposed that a definite matter of public importance be submitted to the House for discussion, namely, “The Government’s economic mismanagement resulting in the longest household recession on record”.

The proposed discussion having received the necessary support—

Mr Taylor addressed the House.

Discussion ensued.

Discussion concluded.

13

BILLS DECLARED REFERRED TO FEDERATION CHAMBER

Ms J Ryan (Chief Government Whip) declared that, unless otherwise ordered, the following bills stand referred to the Federation Chamber for further consideration:

Midwife Professional Indemnity (Commonwealth Contribution) Scheme Amendment Bill 2024;

Health Insurance (Pathology) (Fees) (Repeal) Bill 2024; and

Health Legislation Amendment (Modernising My Health Record—Sharing by Default) Bill 2024.

15

MESSAGE FROM THE SENATE— Help to Buy Bill 2023

Message No. 369, 26 November 2024, from the Senate was reported returning the Help to Buy Bill 2023 with amendments.

Ordered—That the amendments be considered at a later hour this day.

16

Aged Care (Consequential and Transitional Provisions) 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.

Consideration in detail

Bill, by leave, taken as a whole.

Mr Conaghan moved the Opposition amendment.

Debate ensued.

Question—That the amendment be agreed to—put.



Bill agreed to.

Consideration in detail concluded.

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

17

Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2024 —REPORT FROM FEDERATION CHAMBER

The Speaker reported that the Federation Chamber had been unable to complete its consideration of the bill and had returned the bill with an unresolved question ( see item No. 14, Minutes of Proceedings of the Federation Chamber, 25 November 2024 ), and presented a certified copy of the bill together with a schedule of the unresolved question.

Unresolved question—That the bill be now read a second time—

Question—put.



Leave granted for third reading to be moved immediately.

On the motion of Ms Wells (Minister for Aged Care), the bill was read a third time.

18

Online Safety Amendment (Social Media Minimum Age) 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.

Ms Tink, by leave, again addressed the House, and moved, as an amendment—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 notes:

(1) the concerns raised by the mental health sector that a social media ban for children under 16 could:

(a) limit young people’s access to important online mental health services and positive social connections;

(b) disincentivise platforms from offering child safety features for younger users that will inevitably circumvent the ban; and

(c) push younger users onto less regulated platforms; and

(2) that a one-day window for submissions to a parliamentary committee inquiry is insufficient given the potential magnitude of these risks, and a robust inquiry process should instead take place”.

Debate ensued.

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

“does not decline to give the bill a second reading and notes:

(1) the Joint Select Committee on Social Media and Australian Society tabled its final report on 18 November 2024 and carefully considered, but did not recommend, an age ban on social media;

(2) the Australian Human Rights Commission has serious reservations about the ban;

(3) in October 2024, over 140 Australian and international experts wrote an open letter to the Prime Minister and State and Territory leaders explaining their view that an age-based ban on accessing social media is too blunt an instrument to address the risks effectively;

(4) an age-based social media ban could have unintended consequences including increased isolation and children being pushed to unregulated and dangerous platforms; and

(5) the imposition of a ‘duty of care’ on digital platforms is more likely to reduce online harm for all users regardless of age and should be implemented as a matter of urgency”.

Debate ensued.

Debate adjourned (Ms Kearney—Assistant Minister for Health and Aged Care), and the resumption of the debate made an order of the day for a later hour this day.



19

Surveillance Legislation (Confirmation of Application) Bill 2024 —REPORT FROM FEDERATION CHAMBER

The Deputy Speaker reported that the bill had been fully considered by the Federation Chamber and agreed to with an amendment ( see item No. 3, Minutes of Proceedings of the Federation Chamber, page 2075 ), and presented a certified copy of the bill together with a schedule of the amendment.

Amendment made by the Federation Chamber agreed to.

Bill, as amended, agreed to.

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

20

Commonwealth Entities (Payment Surcharges) 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.

21

Commonwealth Entities (Payment Surcharges) Tax (Imposition) 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.

23

Online Safety Amendment (Social Media Minimum Age) 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 by Dr Scamps to the amendment proposed by Ms Tink (see item No. 18, page 2071)

Debate resumed.

Ms Steggall moved, as an amendment to the amendment proposed by Dr Scamps—That all words after “not” be omitted with a view to substituting the following words:

“desire to give the bill a second reading and notes:

(1) the Age Assurance Technology Trial, conducted by the Department of Infrastructure, Transport, Regional Development, Communications and the Arts, has not yet been finalised and further debate on the bill should only occur when a comprehensive report has been presented to Parliament with the results of the trial;

(2) that the Government is wasting the Parliament’s time on a bill where the implementation is unclear and the effectiveness remains disputed by experts; and

(3) that the Government is being selective on the harms they wish to protect young people from by prioritising the valuable resources and time of Parliament to pass a bill that is not coming into effect until 2026, instead of introducing and progressing legislation that would restrict gambling advertising, despite having committed to doing so, and having being unanimously recommended by a multipartisan House of Representatives committee and having overwhelming public support”.

Debate ensuing—

Ms Daniel moved, as an amendment to the amendment proposed by Ms Steggall—That all words after “and” be omitted with a view to substituting the following words:

“(1) notes that:

(a) Australia was once an international world leader in online safety regulation when the previous Coalition Government enacted the Online Safety Act 2021 ;

(b) Australia’s existing content-based model of online safety regulation was inspired by what was once effective during the era of broadcast television, newspapers and radio last century, and that technology has fundamentally changed this information landscape;

(c) Australia has lost its status as a world leader in online safety regulation following the enactment of ambitious ‘systems’-based laws in the European Union and United Kingdom respectively; and

(d) whilst age assurance as a tool for regulators may have some capability to contribute to safer Australian online spaces, it does not change how algorithms operate in any fundamental way;

(2) recognises the promising recent public statements of the Prime Minister and the Minister for Communications expressing the Government’s intent to implement a ‘Digital Duty of Care’ if elected to a second term of Government;

(3) further notes that a duty of care:

(a) alone is insufficient to meaningfully hold digital platforms and their algorithms to account and make social media safe by design; and

(b) is just one of five necessary elements of equal importance if Australia is to meaningfully make digital spaces safe for Australians of all ages; and

(4) calls on the Government to reclaim the mantle of our nation as a world leader in online safety regulation by enacting a comprehensive ‘systems’-based legislative framework, this being:

(a) a duty of care;

(b) risk assessments;

(c) risk mitigation plans;

(d) genuine transparency measures for the Australian public and our research community; and

(e) enforcement measures proportionate to the risk algorithms pose to Australian society”.

Debate ensued.

Mr Pitt addressing the House—

24

ADJOURNMENT DEBATE

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

Debate ensued.

25

Online Safety Amendment (Social Media Minimum Age) Bill 2024

It being 8 pm—In accordance with the resolution agreed to on 25 November 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 by Ms Daniel to the amendment proposed by Ms Steggall to the amendment proposed by Dr Scamps to the amendment proposed by Ms Tink (see item No. 23, page 2072)

Debate resumed.

Question—That the amendment moved by Ms Daniel to the amendment proposed by Ms Steggall be agreed to—put and negatived.

Question—That the amendment moved by Ms Steggall to the amendment proposed by Dr Scamps be agreed to—put and negatived.

Question—That the amendment moved by Dr Scamps to the amendment proposed by Ms Tink be agreed to—put and negatived.

Question—That the amendment moved by Ms Tink be agreed to—put and negatived.

Debate adjourned (Mr Gorman—Assistant Minister to the Prime Minister), and the resumption of the debate made an order of the day for the next sitting.

26

ADJOURNMENT

At 9.47 pm, the Speaker adjourned the House until 9 am tomorrow, in accordance with the resolution agreed to on 25 November 2024.

DOCUMENTS

The following documents were deemed to have been presented on 26 November 2024 (An explanatory statement has been presented with each instrument unless otherwise indicated by an asterisk):

Australian Passports (Application Fees) Act 2005— Australian Passports (Application Fees) Amendment Determination (No. 2) 2024 [F2024L01494].

Corporations Act 2001— Australian Sustainability Reporting Standard AASB S2 Climate-related Disclosures [F2024L01472].

Excise Act 1901— Excise (Concessional Spirits—Class of Persons) Determination 2024 [F2024L01498].

Fisheries Management Act 1991—

Eastern Tuna and Billfish Fishery Management Plan 2010—

Eastern Tuna and Billfish Fishery (Fishing Season and Total Allowable Commercial Catch) Determination (No. 2) 2024 [F2024L01495].

Eastern Tuna and Billfish Fishery (Overcatch and Undercatch) Determination (No. 2) 2024 [F2024L01496].

Southern Bluefin Tuna Fishery Management Plan 1995—

Southern Bluefin Tuna Fishery (Australia’s National Catch Allocation) Determination 2024 [F2024L01499].

Southern Bluefin Tuna Fishery (Fishing Season) Determination 2024 [F2024L01497].

Southern Bluefin Tuna Fishery (Undercatch and Overcatch) Determination 2024 [F2024L01501].

Taxation Administration Act 1953— Commissioner of Taxation—

Class Rulings—

CR 2024/57 (Erratum).

CR 2024/72.

Goods and Services Tax Rulings—

GSTR 2002/2 (Addendum).

GSTR 2014/2 (Addendum).

Miscellaneous Taxation Ruling—MT 2012/2 (Addendum).

Taxation Determinations—

TD 2019/2 (Withdrawal).

TD 2024/8.

ATTENDANCE

All Members attended (at some time during the sitting) except Mr Leeser and Mr Pasin.

Claressa Surtees

Clerk of the House of Representatives

Federation Chamber

1

The Federation Chamber met at 4 pm.

2

MEMBERS’ CONSTITUENCY STATEMENTS

Members’ constituency statements being made—

Document

Mr Wolahan , by leave, presented the following document:

Winners of the Private Greg Sher Z"L Memorial Shield Award.

Members’ constituency statements continuing—

Suspension of meeting

At 4.27 pm, a division having been called in the House, the proceedings were suspended.

Resumption of meeting

At 4.49 pm, the proceedings were resumed.

Members’ constituency statements continued.

3

Surveillance Legislation (Confirmation of Application) 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.

Consideration in detail

Bill, by leave, taken as a whole.

Document

Mr Dreyfus (Attorney-General) presented a supplementary explanatory memorandum to the bill.

On the motion of Mr Dreyfus, the Government amendment was made.

Bill, as amended, agreed to.

Consideration in detail concluded.

Question—That the bill be reported to the House with an amendment—put and passed.

4

Commonwealth Entities (Payment Surcharges) 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.

5

Commonwealth Entities (Payment Surcharges) Tax (Imposition) 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.

7

Midwife Professional Indemnity (Commonwealth Contribution) Scheme 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—

Debate resumed.

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Suspension of meeting

At 5.08 pm, the Deputy Speaker left the Chair due to the lack of a quorum.

Resumption of meeting

At 5.15 pm, the Deputy Speaker resumed the Chair, and a quorum being present—

Debate continued.

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

Message from the Governor-General

Message No. 219, 18 November 2024, from Her Excellency the Governor-General was announced recommending an appropriation for the purposes of the bill.

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.



8

Health Insurance (Pathology) (Fees) (Repeal) 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.

9

GRIEVANCE DEBATE

Pursuant to the provisions of standing order 192 b , the order of the day having been read for the resumption of the debate on the question—That grievances be noted—

Debate resumed.

Debate adjourned and the resumption of the debate made an order of the day for the next sitting.

10

Health Legislation Amendment (Modernising My Health Record—Sharing by Default) 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.

Message from the Governor-General

Message No. 220, 18 November 2024, from Her Excellency the Governor-General was announced recommending an appropriation for the purposes of the bill.

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.

11

ADJOURNMENT

At 7.10 pm, the Deputy Speaker adjourned the Federation Chamber until 9.30 am tomorrow.

Peter Banson

Clerk of the Federation Chamber