The majority voted in favour of a motion to agree with the main idea of the bill, which means it can now be considered in more detail.

Main idea of the bill

According to the bills digest, key points include:

• The Migration Amendment (Giving Documents and Other Measures) Bill 2023 (the Bill) will amend the Migration Act 1958 to make a number of changes to the current legislative framework for the giving of notices and other documents.
• This includes introducing a substantial compliance framework to make clear that strict adherence to the relevant statutory requirements for the provision of documents is not required in all situations.
• These proposed amendments appear to primarily be aimed at reducing litigation founded on technical or inconsequential disputes over the giving of documents or their precise wording.
• The Bill will also remove the current prohibition on non-citizens who are a national of two or more countries from lodging a valid application for a protection visa without the permission of the Minister. However, they will still need to demonstrate that they have taken all possible steps to avail themselves of a right to enter and reside in any country apart from Australia before being granted a visa.
• Stakeholders do not appear to have commented on the Bill at the time of writing this digest.

The majority voted in favour of agreeing with the amendments made by the Senate to the bill. This means that the bill has now been agreed to in its final form by both houses of parliament and so will now become law.

What does the bill do?

The bills digest, which is a document put together by the parliamentary library, sets out the following key points:

• Proposed revision of the existing ‘Safeguard Mechanism’ applying to Australia’s largest emitters is a central element of the Australian Government’s commitment to achieve a 43% reduction in greenhouse gas emissions by 2030 and net zero by 2050.
• The Safeguard Mechanism commenced operation on 1 July 2016 and has, to date, operated as a greenhouse gas emissions reporting mechanism for around 212 of Australia’s largest industrial facilities.
• The Safeguard Mechanism (Crediting) Amendment Bill 2022 amends relevant Acts to alter the Safeguard Mechanism so that covered facilities must reduce their scope 1 (direct) emissions in future.
• The primary amendments to the National Greenhouse and Energy Reporting Act 2007 and Australian National Registry of Emissions Units Act 2011 establish the administrative architecture to create ‘safeguard mechanism credit units’ (SMCs). The amendments provide for dealings in SMCs in the same manner as Australian Carbon Credit Units (ACCUs).
• Key elements of the revised scheme will be implemented via amendments to existing legislative instruments (rules) made by the Minister. The Clean Energy Regulator (CER) will also be able to make key determinations, as provided for in these instruments.
• Stakeholders have expressed concern about the limited timeframe for consultation and staggered release of key documents (including legislative instruments and the Independent Review of Australian Carbon Credit Units (Chubb Review)), which they regard as limiting a fulsome consideration of the proposed amendments.
• Moreover, whilst environment and climate focused groups have argued that amendments are insufficient, key industry stakeholders acknowledge the need for change but have expressed concern about particular aspects of the proposed amendments.

The majority voted in favour of an amendment to the original motion, which means the amendment succeeded.

Amendment text

That all words after (1) be omitted with a view to substituting the following words:

"standing order 133 (d) be amended to read:

(d) Standing orders 80 and 81 [330 KB] shall not apply during a period of deferred divisions."

Original motion text

That:

(1) standing order 133(d) be omitted.

Text of Standing order 133 (d)

133 Deferred divisions on Mondays, Tuesdays and Wednesdays

(d) Notwithstanding the provisions of standing orders 80 and 81 [330 KB], only a Minister may move during a period of deferred divisions—

That the Member be no longer heard; or

That the question be now put.

Standing orders 80 and 81

80 Closure of a Member speaking

If a Member is speaking, other than when giving a notice of motion or moving the terms of a motion, another Member may move—

That the Member be no longer heard.

The question must be put immediately and resolved without amendment or debate.

81 Closure of question

After a question has been proposed from the Chair, a Member may move without notice, and whether or not any other Member is speaking—

That the question be now put.

The question must be put immediately and resolved without amendment or debate.

The majority voted in favour of a motion to agree with the Senate's amendments to the bill. This means that the bill's final form has now been agreed to by both levels of parliament and will become law.

What does this bill do?

According to the bills digest:

Background

• The Australian Labor Party (ALP) committed to the $15 billion National Reconstruction Fund on 15 November 2021 as ‘the first step in Labor’s plan to rebuild Australia’s industrial base’.
• Arguments for the proposal have focused on Australia’s low manufacturing self-sufficiency and ‘economic complexity’. Opponents have focused on the risks created by market interventions.
• Outside Parliament, a broad range of interest groups have supported the proposal.

Purpose of the Bill

• The main purpose of the National Reconstruction Fund Corporation Bill 2022 (the Bill) is to establish the National Reconstruction Fund Corporation (NRFC) in order to ‘facilitate increased flows of finance into priority areas of the Australian economy’.