Title SJ No. 25 - 12 November 2019
4 Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019
Database Senate Journals
Date 12-11-2019
Source Senate
Parl No. 46
Number 25
Status Final
System Id chamber/journals/dd48783c-a724-49cd-ae4e-3fa2f0060854/0005


SJ No. 25 - 12 November 2019 - 4 Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019

4           Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2019

Order of the day read for the adjourned debate on the motion of the Assistant Minister for Forestry and Fisheries (Senator Duniam)—That this bill be now read a second time.

Debate resumed.

Question put.

The Senate divided—

AYES, 45

Senators—

Abetz

Davey*

Kitching

Rennick

Antic

Dodson

Lines

Reynolds

Askew

Duniam

McAllister

Roberts

Ayres

Farrell

McCarthy

Scarr

Bernardi

Fawcett

McDonald

Sheldon

Bilyk

Gallacher

McMahon

Smith, Marielle

Bragg

Griff

O’Neill

Sterle

Brockman

Hanson

O’Sullivan

Stoker

Carr

Henderson

Paterson

Urquhart

Chandler

Hughes

Patrick

Van

Ciccone

Keneally

Polley

Walsh

Cormann

 

 

 

NOES, 8

Senators—

Faruqi

McKim

Siewert*

Waters

Hanson-Young

Rice

Steele-John

Whish-Wilson

* Tellers

Question agreed to.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

 

 

 

In the committee

Bill taken as a whole by leave.

Senator McAllister moved the following amendment:

Schedule 1, item 1, page 27 (after line 22), at the end of section 153ZB, add:

(10)  If:

                       (a)  a body corporate (the disposing entity ) that is a national system employer (within the meaning of the Fair Work Act 2009 ) is ordered to dispose of interests in securities or assets to a person (the receiving entity ); and

                      (b)  a provision of Part 2-8 of that Act would not apply, despite subsection (9), because a workplace instrument (the applicable instrument ) that covered the disposing entity and an employee (the applicable employee ) of the entity is not a transferable instrument (within the meaning of that Part);

Part 2-8 of that Act applies as if:

                       (c)  a reference to an old employer in that Part included a reference to the disposing entity; and

                      (d)  a reference to a new employer in that Part included a reference to the receiving entity; and

                       (e)  a reference to a transferring employee in that Part included a reference to the applicable employee; and

                       (f)  a reference to a transferable instrument in that Part included a reference to the applicable instrument.

(11)  If:

                       (a)  a body corporate (the disposing entity ) that is a State public sector employer of a State (within the meaning of the Fair Work Act 2009 ) is ordered to dispose of interests in securities or assets to a person (the receiving entity ) that is a national system employer; and

                      (b)  a provision of Part 6-3A of that Act would not apply, despite subsection (9), because a workplace instrument (the applicable instrument ) that covered the disposing entity and an employee (the applicable employee ) of the entity is not a State award (within the meaning of that Part);

Part 6-3A of that Act applies as if:

                       (c)  a reference to an old State employer in that Part included a reference to the disposing entity; and

                      (d)  a reference to a new employer in that Part included a reference to the receiving entity; and

                       (e)  a reference to a transferring employee in that Part included a reference to the applicable employee; and

                       (f)  a reference to a State award in that Part included a reference to the applicable instrument.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 31

Senators—

Ayres

Gallagher

McCarthy

Steele-John

Bilyk

Green

McKim

Sterle

Carr

Hanson-Young

O’Neill

Urquhart*

Chisholm

Keneally

Polley

Walsh

Dodson

Kitching

Pratt

Waters

Farrell

Lambie

Rice

Watt

Faruqi

Lines

Siewert

Whish-Wilson

Gallacher

McAllister

Smith, Marielle

 

 

 

NOES, 35

Senators—

Abetz

Colbeck

Hughes

Reynolds

Antic

Cormann

McDonald

Roberts

Bernardi

Davey*

McGrath

Ruston

Birmingham

Duniam

McKenzie

Scarr

Bragg

Fawcett

McMahon

Seselja

Brockman

Fierravanti-Wells

O’Sullivan

Smith, Dean

Canavan

Griff

Paterson

Stoker

Cash

Hanson

Patrick

Van

Chandler

Henderson

Rennick

 

* Tellers

Question negatived.

The Minister for Finance (Senator Cormann) moved the following amendment:

Schedule 1, item 1, page 27 (after line 22), at the end of Division 6, add:

153ZBA   Arrangements or undertakings in relation to employees

   (1)  This section applies if:

                       (a)  a body corporate (the old employer ) has made arrangements or undertakings in relation to employees of the body corporate (whether or not those arrangements or undertakings bind the old employer); and

                      (b)  the Court makes an order under subsection 153ZB(2) or (3) for the old employer to dispose of assets; and

                       (c)  the old employer disposes of the assets to another entity (the new employer ); and

                      (d)  regulations made for the purposes of this paragraph before the disposal specify requirements in respect of arrangements or undertakings in relation to employees; and

                       (e)  the arrangements or undertakings satisfy those requirements.

   (2)  The new employer must comply with the arrangements or undertakings.

   (3)  Subsection (2) applies despite anything in the Fair Work Act 2009 .

Debate ensued.

Explanatory memorandum : Senator Cormann tabled a supplementary explanatory memorandum relating to the government amendmentmoved to the bill.

Question—That the amendment be agreed to—put and passed.

 

Senator Hanson-Young moved the following amendments together by leave:

Schedule 1, heading, page 3 (line 2), at the end of the heading, add “and prohibition on Commonwealth support for coal-fired electricity generators” .

Schedule 1, item 1, page 4 (after line 2), at the end of section 153A, add:

This Part also prohibits certain Commonwealth support for coal-fired electricity generators.

Schedule  1 , item  1 , page 27 (after line 22) , after Division  6 , insert:

Division 6A Prohibition on Commonwealth support for coal-fired generators

153ZBA   This Division binds the Crown

          This Division binds the Crown in right of the Commonwealth. However, it does not bind the Crown in right of a State, of the Australian Capital Territory or of the Northern Territory.

153ZBB   Prohibition on Commonwealth support for coal-fired generators

   (1)  The Commonwealth or an authority of the Commonwealth must not, on or after the commencement of this Division:

                       (a)  provide financial support or other support for the purpose (or for purposes that include the purpose) of the refurbishment or building of a coal-fired generator; or

                      (b)  purchase, or assist the purchase or transfer of ownership of, a coal-fired generator; or

                       (c)  provide financial support to an owner or operator of a coal-fired generator to use, fund, extend the life of or operate the generator.

   (2)  For the purposes of this section, financial support includes any support that involves a current or potential future financial exposure to the Commonwealth, including the Commonwealth underwriti ng investments or entering into other financial arrangements.

Exception—regulatory processes

   (3)  Subsection (1) does not apply to support or assistance provided solely for purposes connected with the Commonwealth or authority:

                       (a)  processing an application for an approval, licence or permit (however described) that is required under a law of the Commonwealth; or

                      (b)  undertaking any other regulatory process under or in accordance with a law of the Commonwealth.

Exception—transition assistance or research

   (4)  Paragraph (1)(a) does not apply to:

                       (a)  financial or other support provided in connection with a program that provides transition assistance to workers affected, or who may be affected, by the retirement of a coal-fired generator; or

                      (b)  funding research by an approved research institute (within the meaning of section 73A of the Income Tax Assessment Act 1936 ), so far as the research relates to coal-fired generators generally and does not relate only to a particular coal-fired generator or particular coal-fired generators.

Exception—managed closures

   (5)  Subsection (1) does not apply to:

                       (a)  the provision of support in relation to a coal-fired generator; or

                      (b)  the purchase, or the assisting of the purchase or transfer of ownership, of a coal-fired generator;

if the purpose, or one of the purposes, of the support, purchase or assistance is the managed closure of the coal-fired generator.

Subsection (1) has effect despite other laws

   (6)  Subsection (1) has effect despite anything in this Act or any other law of the Commonwealth (whether passed or made before or after the commencement of this section) unless the law expressly provides otherwise.

   (7)  Subsection (6) does not affect the operation of section 153ZC.

Executive power of the Commonwealth not otherwise limited

   (8)  This section only limits the executive power of the Commonwealth to the extent set out in this section and does not, by implication, limit that power to any other extent.

Schedule 1, item 1, page 27 (line 27), omit “5 and 6”, substitute “5, 6 and 6A”.

Schedule 1, item 1, page 27 (line 29), omit “5 or 6”, substitute “5, 6 or 6A”.

Schedule 1, page 29 (before line 3), before item 2, insert:

1A  Subsection 2A(1)

Omit “44E and 95D”, substitute “44E, 95D and 153ZBA”.

Schedule 1, item 3, page 29 (line 8), after “XICA”, insert “(other than Division 6A)”.

Schedule 1, item 14, page 31 (after line 11), at the end of the item, add:

   (3)  Subitem (1) does not apply to Division 6A of Part XICA of the Competition and Consumer Act 2010 , as inserted by this Schedule.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 8

Senators—

Faruqi

McKim

Siewert*

Waters

Hanson-Young

Rice

Steele-John

Whish-Wilson

 

 

NOES, 42

Senators—

Abetz

Davey

McGrath

Ryan

Antic

Dodson

McMahon

Scarr

Askew

Duniam

O’Neill

Sheldon

Ayres

Gallacher

O’Sullivan

Smith, Dean

Bilyk

Green

Paterson

Smith, Marielle

Bragg

Griff

Patrick

Sterle

Brockman

Henderson

Pratt

Stoker

Cash

Hughes

Rennick

Urquhart*

Chandler

Keneally

Reynolds

Van

Colbeck

McAllister

Roberts

Walsh

Cormann

McDonald

 

* Tellers

Question negatived.

Senator Hanson-Young moved the following amendments together by leave:

Schedule 1, item 1, page 21 (after line 3), at the end of subsection 153X(1), add:

Note:         An order cannot be made under this section if it would have the effect of inhibiting, delaying or stopping a planned closure of a coal-fired generator: see section 153ZE.

Schedule 1, item 1, page 25 (after line 26), at the end of subsection 153ZB(1), add:

Note:         An order cannot be made under this section if it would have the effect of inhibiting, delaying or stopping a planned closure of a coal-fired generator: see section 153ZE.

Schedule 1, item 1, page 28 (after line 19), at the end of Division 7, add:

153ZE   No orders under this Part that would affect planned closure of coal-fired generator etc.

          Despite Divisions 5 and 6, an order must not be made in relation to a body corporate under either of those Divisions if the order would have the effect of inhibiting, delaying or stopping a planned closure of a coal-fired generator.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 8

Senators—

Faruqi

McKim

Siewert*

Waters

Hanson-Young

Rice

Steele-John

Whish-Wilson

 

 

NOES, 57

Senators—

Abetz

Davey

Lambie

Roberts

Antic

Dodson

McAllister

Ruston

Askew

Duniam

McCarthy

Ryan

Ayres

Farrell

McDonald

Scarr

Bernardi

Fawcett

McGrath

Seselja

Bilyk

Fierravanti-Wells

McMahon

Sheldon

Birmingham

Gallacher

O’Neill

Smith, Dean

Bragg

Gallagher

O’Sullivan

Smith, Marielle

Brockman

Green

Paterson

Stoker

Canavan

Griff

Patrick

Urquhart*

Cash

Henderson

Polley

Van

Chandler

Hughes

Pratt

Walsh

Chisholm

Keneally

Rennick

Watt

Colbeck

Kitching

Reynolds

Wong

Cormann

 

* Tellers

Question negatived.

 

 

 

After 2 pm : The President (Senator Ryan) resumed the chair and the Temporary Chair of Committees (Senator Stoker) reported progress.