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Economics Legislation Committee
11/02/2016
Estimates
TREASURY PORTFOLIO

TREASURY PORTFOLIO

In Attendance

Senator Ryan, Assistant Cabinet Secretary

Senator Sinodinos, Cabinet Secretary

Department of the Treasury

Mr John Fraser, Secretary

Outcome 1—Macroeconomic Group/Chief Operating Officer Group

Mr Nigel Ray, Deputy Secretary, Macroeconomic Group

Mr Michael Kouparitsas, Principal Adviser, Macroeconomic Modelling and Policy Division

Ms Leesa Croke, Division Head, International Policy and Engagement Division

Mr Chris Legg, Chief Adviser, International Policy and Engagement Division

Ms Christine Barron, Division Head, Macroeconomic Conditions Division

Ms Angelia Grant, Principal Adviser, Macroeconomic Conditions Division

Mr Peter Robinson, Chief Operating Officer, Corporate Strategy and Services

Ms Emma Greenwood, Division Head, Organisational Strategy - People and Communications Division

Mr Matthew King, Division Head, Financial and Parliamentary Division

Mr Peter Alexander, Division Head, Business Services Division

Ms Jennifer Clark, Division Head, Organisational Strategy - People and Communications Division

Ms Shannon Kenna, Manager, Organisational Strategy - People and Communications Division

Outcome 1—Revenue Group

Mr Rob Heferen, Deputy Secretary

Ms Natalie Horvat, Principal Adviser, Tax Analysis Division.

Mr Robert Ewing, Principal Adviser, Tax Analysis Division.

Mr Matthew Maloney, Acting Principal Adviser, Tax Analysis Division

Mrs Marisa Purvis-Smith, Division Head, Individuals and Indirect Tax Division

Ms Caroline Edwards, Chief Adviser, Corporate and International Tax Division

Mr Simon Duggan, Division Head, Corporate and International Tax Division

Mr Roger Brake, Division Head, Tax White Paper Taskforce

Mr Tom Reid, Division Head, Law Design Practice

Outcome 1—Fiscal Group

Mr Michael Brennan, Deputy Secretary

Mr Matt Crooke, Principal Adviser, Budget Policy Division

Mr Paul Tilley, Division Head, Industries and Infrastructure Division

Mr Damien White, Chief Adviser, Industries and Infrastructure Division

Ms Vicki Wilkinson, Division Head, Social Policy Division

Mr Robert Raether, Principal Adviser, Social Policy Division

Mr Marty Robinson, Principal Adviser, Social Policy Division

Ms Emily Martin, Principal Adviser, Social Policy Division

Ms Jenny Wilkinson, Division Head, Retirement Income Policy Division

Mr Ian Beckett, Principal Adviser, Retirement Income Policy Division

Mr Jonathan Rollings, Division Head, Commonwealth-State Relations Division

Outcome 1—Markets Group

Mr John Lonsdale, Deputy Secretary

Ms Meghan Quinn, Division Head, Financial System and Services Division

Ms Diane Brown, Principal Adviser, Financial System and Services Division

Mr Trevor Power, Principal Adviser, Financial System and Services Division

Mr James Kelly, Principal Adviser, Financial System and Services Division

Mr Rob Do nelly, Division Head, Foreign Investment and Trade Policy Division

Mr Adam McKissack, Principal Adviser, Foreign Investment and Trade Policy Division

Mr Trevor Thomas, Principal Advisor, Foreign Investment and Trade Policy Division

Mr Paul McCullough, Division Head, Market and Competition Policy Division

Mr Ben Dolman, Principal Adviser, Market and Competition Policy Division

Mr Patrick Boneham, Division Head, Small Business Policy Division

Mr Tom Dickson, Manager, Small Business Policy Division

Ms Susan Antcliff, Principal Adviser, Australian Government Actuary

Mr Allan Bulman, Director, Takeovers Panel

Mr Alan Shaw, Counsel, Takeovers Panel

Australian Competition and Consumer Commission

Mr Rod Sims, Chairman

Ms Rayne de Gruchy, Chief Operating Officer

Ms Michelle Groves, Chief Executive Officer, Australian Energy Regulator

Mr Michael Cosgrave, Executive General Manager, Infrastructure Regulation Division

Mr Marcus Bezzi, Executive General Manager, Competition Enforcement

Mr Scott Gregson, Executive General Manager, Consumer Enforcement

Mr Nigel Ridgway, Executive General Manager, Consumer, Small Business and Product Safety Division

Mr Rami Greiss, Executive General Manager, Merger and Authorisation Review Division

Australian Charities and Not-for-profits Commission

Ms Susan Pascoe AM, Commissioner

Mr Murray Baird, Assistant Commissioner, General Counsel

Australian Prudential Regulation Authority

Mr Wayne Byres, Chairman

Mrs Helen Rowell, Deputy Chairman

Mr Geoff Summerhayes, Member

Mr Charles Littrell, Executive General Manager, Supervisory Support Division

Mr Stephen Glenfield, General Manager, South West Region, Specialised Institutions Division

Mr Neil Smith, Special Counsel, Policy and Advice Division

Australian Securities and Investment Commission

Mr Greg Medcraft, Chairman

Mr Peter Kell, Deputy Chairman

Ms Cathie Armour, Commissioner

Mr Greg Tanzer, Commissioner

Mr John Price, Commissioner

Mr Warren Day, Senior Executive Leader

Mr Greg Kirk, Senior Executive Leader

Mr Chris Savundra, Senior Executive Leader

Mr Tim Mullaly, Senior Executive Leader

Mr Michael Saadat, Senior Executive Leader

Ms Jo Bird, Senior Executive Leader

Ms Louise Macaulay, Senior Executive Leader

Australian Taxation Office

Mr Chris Jordan, Commissioner of Taxation

Mr Geoff Leeper, Second Commissioner, People, Systems and Services Group

Mr Andrew Mills, Second Commissioner, Law Design and Practice Group

Mr Neil Olesen, Second Commissioner, Compliance Group

Mr Mark Konza, Deputy Commissioner, International

Mr Jeremy Hirschhorn, Deputy Commissioner, Public Groups

Productivity Commission

Ms Nina Davidson, Acting Head of Office

Mr Brian Scammell, Assistant Commissioner, Corporate

Committee met at 09:00

CHAIR ( Senator Edwards ): Welcome to the Senate Economics Legislation Committee's 2015-16 additional estimates. The Senate has referred to the committee the particulars proposed expenditure for 2015-16 and related documents for the Treasury and Industry, Innovation and Science portfolios. The committee is due to report to the Senate on 1 March 2016 and has set Friday 19 February 2016 as the date by which senators are to submit written questions on notice. The committee has fixed Friday, 1 April 2016 as the date for the return of answers to questions taken on notice. Under standing order 26, the committee must take all evidence in public session. This includes answers to questions on notice. Officers and senators are familiar with the rules of the Senate governing estimates hearings. If you need assistance, the secretariat has a copy of the rules. In particular, I draw the attention of witnesses to an order of the Senate of 13 May 2009 specifying the process by which a claim of public interest immunity should be raised and which I now incorporate in Hansard. Witnesses are specifically reminded that a statement that information or a document is confidential or consists of advice to government is not a statement that meets the requirements of the 2009 order. Instead, witnesses are required to provide some specific indication of the harm to the public interest that could result from the disclosure of the information or the document.

The extract read as follows—

Public interest immunity claims

That the Senate—

(a) notes that ministers and officers have continued to refuse to provide information to Senate committees without properly raising claims of public interest immunity as required by past resolutions of the Senate;

(b) reaffirms the principles of past resolutions of the Senate by this order, to provide ministers and officers with guidance as to the proper process for raising public interest immunity claims and to consolidate those past resolutions of the Senate;

(c) orders that the following operate as an order of continuing effect:

(1) If:

   (a) a Senate committee, or a senator in the course of proceedings of a committee, requests information or a document from a Commonwealth department or agency; and

   (b) an officer of the department or agency to whom the request is directed believes that it may not be in the public interest to disclose the information or document to the committee, the officer shall state to the committee the ground on which the officer believes that it may not be in the public interest to disclose the information or document to the committee, and specify the harm to the public interest that could result from the disclosure of the information or document.

(2) If, after receiving the officer’s statement under paragraph (1), the committee or the senator requests the officer to refer the question of the disclosure of the information or document to a responsible minister, the officer shall refer that question to the minister.

(3) If a minister, on a reference by an officer under paragraph (2), concludes that it would not be in the public interest to disclose the information or document to the committee, the minister shall provide to the committee a statement of the ground for that conclusion, specifying the harm to the public interest that could result from the disclosure of the information or document.

(4) A minister, in a statement under paragraph (3), shall indicate whether the harm to the public interest that could result from the disclosure of the information or document to the committee could result only from the publication of the information or document by the committee, or could result, equally or in part, from the disclosure of the information or document to the committee as in camera evidence.

(5) If, after considering a statement by a minister provided under paragraph (3), the committee concludes that the statement does not sufficiently justify the withholding of the information or document from the committee, the committee shall report the matter to the Senate.

(6) A decision by a committee not to report a matter to the Senate under paragraph (5) does not prevent a senator from raising the matter in the Senate in accordance with other procedures of the Senate.

(7) A statement that information or a document is not published, or is confidential, or consists of advice to, or internal deliberations of, government, in the absence of specification of the harm to the public interest that could result from the disclosure of the information or document, is not a statement that meets the requirements of paragraph (1) or (4).

(8) If a minister concludes that a statement under paragraph (3) should more appropriately be made by the head of an agency, by reason of the independence of that agency from ministerial direction or control, the minister shall inform the committee of that conclusion and the reason for that conclusion, and shall refer the matter to the head of the agency, who shall then be required to provide a statement in accordance with paragraph (3).

(d) requires the Procedure Committee to review the operation of this order and report to the Senate by 20 August 2009.

( 13 May 2009 J.1941 )

(Extract, Senate Standing Orders)

I remind senators and witnesses that microphones remain live unless I instruct otherwise—for example, at suspension or adjournment. I would ask photographers and cameramen to follow the established media guidelines and the instructions of the committee secretariat. Please ensure that senators' and witnesses' laptops and personal papers are not filmed. I remind members of the public and everyone in the gallery that they are not permitted to speak or interfere with the proceedings or with witnesses at any point during the hearing. Security is present and they will be asked to remove anyone who does not follow these instructions.