Month: November 2018

Greens Deputy Leader and climate and energy spokesperson Adam Bandt MP has outlined a significant new election policy on coal when addressing a conference of the United Firefighters Union in Hobart today.
Highlighting the link between worsening bushfires and climate change, Mr Bandt has detailed how the Greens would phase out thermal coal exports by 2030.
The burning of coal is the biggest cause of global warming. Australia is the biggest coal exporter in the world and the second biggest exporter of thermal coal that is burnt in power stations to generate electricity.
The world’s scientists have said that the burning of coal must end by the middle of the century at the latest and that by 2030 at least two-thirds of the world’s power stations must close.
If we are to have any chance of halting and reversing global warming, most of Australia’s coal must stay in the ground.
The time has come for Australia to accept that the time of coal is over. Australia is moving to renewables and so is the rest of the world. There is no future in coal exports.
To reflect the urgency and reality of a constrained carbon world, The Greens are announcing an election policy to phase out and eventually criminalise the burning and export of Australian thermal coal by 2030.
Based on laws to regulate asbestos, Greens Deputy Leader and climate change and energy spokesperson Adam Bandt MP will introduce legislation to make it illegal under Commonwealth law to export thermal coal by January 1, 2030 with the exception of narrow exemptions for research and heritage purposes. Between now and 2030, quotas will be imposed on the export of coal so that the amount of coal exported reduces to zero by 2030.
The policy builds on the existing Greens policy of no new coal mines which would prevent, for example, the proposed giant Adani mine.
Before 2030 the auctioning of export permits by the Clean Energy Regulator will fund a Clean Energy Transition Fund to support the social and economic transition in coal communities in NSW and QLD.
Quotes attributable to Mr. Bandt:
“When coal exports are added to Australia’s domestic emissions, Australia is the sixth highest emitter in the world.”
“Australia’s coal exports produce over 1 billion tonnes of pollution a year, doubling our domestic emissions.
“Coal is the next asbestos and it is time we regulated it as such. It is toxic and dangerous. We need to stop exporting coal.”
“Australia could be a renewable energy superpower, exporting clean, cheap renewable energy instead of coal.”
“The Greens’ plan would see at Australia quit coal at home and abroad by 2030.”
“Funds raised from coal export permits during the phase-out period would be used to support Australia’s coal communities during the transition.”
Background
Export
In the years up to 2030, a declining amount of coal will be permitted for export each year. After 2030, it will be an offence to export coal.
The Commonwealth will issue tradable permits equal to the declining quota set out in legislation each year.
Each year, thermal coal exporters will be required to surrender permits equal to their annual coal exports. In the first year exporters will purchase permits from the Clean Energy Regulator at $1 a tonne equal to the previous year’s exports of each company, in subsequent years permits will be auctioned by the authority and the price will be set by the market with a floor price of $1.
Export companies will either need to lower their exports, secure enough permits in the auction and/or purchase from other companies that have a surplus. Over time the value of traded permits are expected to rise as the quota declines.
Existing mine licence and royalty obligations administered by states and territories’ will continue.
The Greens’ plan for an orderly phase out will provide certainty to industry, providing ample opportunity to invest capital into developing the infrastructure and expertise to export clean energy.
The Greens will establish a ‘Clean Energy Transition Fund’ to support the reskilling and redeployment of workers and the redirection of investment into the clean energy industry. Funds from the auction of tradable permits (up to $1 billion until 2030) will be allocated to the fund.
Australia exported 203 million tonnes of thermal coal in 17-18, with a value of $22.6 B. 80% of Australia’s thermal coal is exported.
Domestic
The bill prohibits building new coal mines or expanding existing mines immediately. It also makes it an offence to burn coal for power generation after 2030.

The Australian Greens Education Spokesperson, Senator Mehreen Faruqi, has introduced a bill to completely remove the Education Minister’s ability to veto research grants funded by the Australian Research Council (ARC).
The move would bring the ARC in line with other research bodies, like the National Health and Medical Research Council (NHMRC) and follows the revelation that former Education Minister Simon Birmingham vetoed eleven grants for no reason.
Senator Faruqi, who is a former academic at the University of New South Wales, said:
“Simply publishing the reasons for veto isn’t enough. We need to take concrete action to protect academic independence and that means taking politics out and leaving it to the experts.
“As a former academic, I know that the independence of researchers is of the utmost importance and we now know that this has been massively undermined by political intervention by the Liberal Government.
“It is patently clear that politicians simply cannot be trusted to put the interests of the community ahead of their own political agendas.
“The Australian Research Council has a rigorous peer review process that must be trusted to guide research funding.
“Having the Minister list the grants that they have already refused is not good enough as the damage is already done. We will move to take away the veto power to ensure that researchers can continue their brilliant work building a better Australia knowing that they can do so with complete independence,” she concluded.
Background
The Australian Research Council Amendment (Ensuring Research Independence) Bill 2018 would amend the Australian Research Council Act 2001 to remove Ministerial discretion over research grants and over the accompanying funding arrangements that are recommended by the Australian Research Council (ARC). The National Alliance for Public universities has been calling for this: https://napuaustralia.files.wordpress.com/2018/10/veto-statement.pdf 

Telcos were subject to increased audit and compliance activities by the Australian Communications and Media Authority (ACMA) from July to September 2018.
In this quarter, the ACMA launched 59 new telco compliance investigations—41 of which relate to a new Complaints-handling Standard. The Standard, which came into effect in July 2018, requires telcos to clearly set out minimum complaints-handling requirements and processes.
The investigations follow an audit of 41 telcos that found that, as at August 2018, none were providing consumers with all the information required by the Standard. Instead, the audit indicated to the ACMA that:

• two telcos had no written complaints-handling processes available on their website
• seven telcos had substantial deficiencies in their written processes
• a range of telcos did not classify complaints or set out processes for classification.

‘Telco consumers need easy access to information about how to make a complaint and how their telco will handle that complaint. They also need to be confident that their problems will be dealt with promptly and effectively,’ said ACMA Chair Nerida O’Loughlin.
‘While many providers moved swiftly to rectify the shortcomings identified by the ACMA’s audit, it is clear that not all customers are receiving the service required by the Standard. We will now consider formal action against the telcos that continue to fail to comply,’ said Ms O’Loughlin.
‘This is the first time the ACMA has reported on telco compliance with new rules we introduced to help consumers migrate to services delivered over the National Broadband Network (NBN).
‘The time critical nature of the NBN rollout means that early and consistent industry compliance is essential,’ Ms O’Loughlin said.
Details of the audit is contained in the ACMA’s latest quarterly report, Action on telco safeguards. The quarterly report also identifies 15 investigations finalised in the period, with outcomes ranging from a remedial direction given to Telstra about its priority assistance licence condition, to a $12,600 infringement notice paid by Lycamobile for failing to lodge annual compliance returns with the industry compliance body, Communications Compliance.

The idea of taxing red meat by Oxford University shows just how irrelevant these institutions are becoming, Minister for Agriculture David Littleproud said today.
​Researchers in the US and UK have suggested a tax on red meat, apparently because the World Health Organisation says eating huge amounts of red meat has the potential to cause cancer.
“Comparing red meat to cigarettes is ridiculous, these institutions aren’t living in the real world but instead make findings without a lead of reality,” Minister Littleproud said.
“Red meat is essential to a healthy diet.
“This is yet another attempt from the PC crowd to tell Australians how they should live their lives. You have to question who commissioned this report.
“Suggestions a red meat tax would result in less overweight people are garbage.
“Government shouldn’t dictate diet.
“Government’s role is to give people the relevant information and let them choose for themselves.
“People have to take responsibility for what they put in their mouths not the government.
“I don’t tell people what they should eat. People can make up their own minds and government should stay out of their lives.
“If other countries want to follow this madness and tax meat good luck to them but it won’t happen here.”

The Liberal National Government will provide nearly $4 million in funding for new research into autism, helping find better diagnosis, treatment and care for those affected by the developmental condition.
The research funding from the National Health and Medical Research Council has been allocated for five projects across Queensland, Victoria and New South Wales.
Professor Anthony Hannan, from the Florey Institute of Neuroscience and Mental Health in Melbourne, will receive $571,890 for his research that will focus on understanding what causes attention deficits in Autism Spectrum Disorder.
This project will provide new insights into brain changes that cause autism and identify targets for the development of new treatments.
Autism Spectrum Disorder involves abnormal brain maturation, cognition and behaviour and about one in 150 people in Australia have some form of autism.
Autism can range from mild to severe, and include difficulty in social interaction, restricted or repetitive patterns of behaviour and impaired communication skills.
These projects bring together the best people in their field to produce high-quality research to ensure that we continue to transform lives.
Every breakthrough brings us closer to an answer to autism, which makes every piece of research that much more important.
This funding continues the Government’s strong commitment to supporting the best health and medical research.
The Liberal National Government is prioritising better mental health for all Australians with an additional $338.1 million allocated in the 2018¬–19 Budget and $4.7 billion expected to be spent on mental health this financial year.

The Morrison Government has successfully passed important privacy measures relating to My Health Record, through the Senate, strengthening Labor’s original legislation and further protecting the health information of Australians.
They include tougher penalties for those that misuse the system, strengthening provisions to safeguard against domestic violence, prohibiting employers from requesting and using health information from an individual’s My Health Record and that no health information or de-identified data be released to insurers.
The Senate has also passed amendments that law enforcement agencies can only access a person’s My Health Record with a warrant or court order and anyone who chooses to cancel a record at any time will have that record permanently deleted.
These additional measures will ensure Australians have their health information protected under law in an already secure system.
Yesterday the Government also worked with the Senate crossbench to extend the opt-out period for My Health Record.
The opt-out period will be extended until January 31, 2019, however, it’s important to note that people can opt-out or opt-in at any time in their lives.
Labor’s plan to delay and derail the roll out of My Health Record was blocked and we thank the crossbench for not delaying this important policy change.
My Health Record was designed to save lives. It can help prevent medication misadventures that see more than 230,000 people end up in hospital each year. This is almost four times the annual number of people who are hospitalised as a result of motor vehicle accidents.
More than 6 million Australians already have a My Health Record and over 14,000 healthcare professional organisations are connected, including general practices, hospitals, pharmacies, diagnostic imaging and pathology practices. There has never been a reported security breach of the system.

A world-first Elder Abuse Prevention and Support Framework and a new digital aged care staff training system are underway to protect vulnerable senior Australians.
The Older Persons Advocacy Network (OPAN) has developed the initiatives, thanks to a $3 million Liberal National Government investment to tackle elder abuse.
Preventing and addressing elder abuse is a top priority, and aged care advocacy and giving a voice to senior Australians play a crucial part in this.
The new national framework – developed from advocacy experience in Western Australia and South Australia – aligns services to prevent elder abuse and will allow OPAN’s advocates in every State and Territory to better support senior Australians, and provide even stronger advocacy for their rights and protection.
The new aged care staff training tool Talk to Us First is an innovative way to help aged care providers educate their workforce about OPAN’s services and how to help care recipients and their families access aged care advocacy.
It also highlights the importance of increasing awareness of the Charter of Care Recipients’ Rights and Responsibilities.
The initiatives come as new figures from OPAN WA service provider Advocare show a significant rise in calls to the State’s Elder Abuse Helpline.
Advocare regularly receives around 60 calls a month about elder abuse concerns but these rose to over 100 in October.
OPAN is receiving funding of $27.5 million over three years to provide the National Aged Care Advocacy Program and has been provided with an additional $3 million to expand its work on elder abuse.
As part of the More Choices for a Longer Life Budget package the Government is providing an additional $22 million to a variety of services, to tackle elder abuse.
The funding will include the establishment of trials of specialist elder abuse units in legal services, more support for family counselling and mediation services, and the advancement of health-justice partnerships.
A national plan to co-ordinate activities to combat elder abuse is also currently being developed.
Stopping the abuse of our elders – be it financial physical or emotional – is everyone’s responsibility and we owe it to senior Australians to ensure they are treated with the respect and dignity they deserve.
Senior Australians, their families or carers in need of aged care advocacy should go to the OPAN website or call 1800 700 600.

The Federal Court has imposed record penalties totalling $18 million against We Buy Houses Pty Ltd (We Buy Houses) and its sole director, Rick Otton, for making false or misleading representations about how people could create wealth through buying and selling real estate, following ACCC action.
The penalties of $12 million imposed against We Buy Houses, and $6 million imposed against Mr Otton personally, are the highest ever imposed for contraventions of the Australian Consumer Law by a corporation and an individual, respectively.
The Federal Court also banned Mr Otton from managing corporations for 10 years in Australia and permanently restrained Mr Otton and We Buy Houses from further involvement in the supply or promotion of services or advice concerning real property transactions or investment.
“We Buy Houses and Mr Otton peddled false hope to people simply looking to get a foothold in the housing market or invest money in real estate for their future,” said ACCC Chair, Rod Sims.
“The record penalties imposed against both We Buy Houses and Mr Otton reflect their egregious conduct.”
“They have also effectively been permanently banned from any further involvement in real estate in order to protect consumers,” Mr Sims said.
“These record penalties demonstrate the determination of the ACCC to take strong and effective enforcement action against businesses and individuals who prey on consumers using the false hope of creating financial success. The judgment signals the Court’s condemnation of false and misleading property spruiking and get rich quick schemes.”
“This outcome also reflects a recent trend of higher penalties for Australian Consumer Law breaches. We can expect this to continue following recent law changes to increase maximum financial penalties under consumer law,” Mr Sims said.
We Buy Houses and Mr Otton taught real estate investment strategies via free seminars, and paid ‘boot camps’ and mentoring programs that claimed people could:

• buy a house for $1, without needing a deposit, bank loan or real estate experience, or using little or none of their own money
• create passive income streams through property and quit their jobs
• build a property portfolio without their own money invested, new bank loans or any real estate experience, and
• start making profits immediately and create or generate wealth.

In August 2017 the Federal Court found these claims were false or misleading, in contravention of the Australian Consumer Law.
“In her judgment on liability, Justice Gleeson said the free seminars were a waste of time, and that the boot camps and the mentoring programs were an expensive waste of time,” Mr Sims said.
The Court also found that Mr Otton had made false or misleading representations that he had successfully implemented the wealth creation strategies he taught. In addition, a book authored by Mr Otton, and websites operated by We Buy Houses and Mr Otton, included testimonials from ‘students’ claiming they were able to buy a house for $1, which the court found were false or misleading.

Background

The ACCC instituted proceedings against We Buy Houses and Mr Otton in March 2015 following a coordinated investigation with New South Wales Fair Trading. On 11 August 2017, the Federal Court delivered judgment on liability, finding that Mr Otton and/or We Buy Houses had engaged in multiple contraventions of sections 18, 29(1)(f), 29(1)(g), 34 and 37 of the Australian Consumer Law.
We Buy Houses had been conducting training programs including free seminars, boot camps and mentoring programs throughout Australia since around 2000. Between 2011 and 2014, We Buy Houses generated the majority of its $20 million revenue from conducting these training programs.

The ACCC will not oppose the proposed acquisition of Austrak by Vossloh Australia.
Vossloh and Austrak are suppliers of rail track components. Vossloh supplies rail fastening components and switch systems including turnouts, while Austrak supplies concrete sleepers and bearers.
“There is no horizontal overlap between the products manufactured and supplied by Vossloh and Austrak in Australia. There are vertical links, however, and this is what the ACCC’s investigation focussed on,” ACCC Commissioner Roger Featherston said.
The concrete sleepers that Austrak manufactures and supplies are manufactured to fit specific fastening systems (potentially including those manufactured by Vossloh). In addition, Austrak supplies concrete bearers to turnout manufacturers such as Vossloh for use in the production of turnouts.
“The ACCC considered whether the proposed acquisition could enable the combined Vossloh-Austrak to lessen competition in either turnouts or fastenings by foreclosing its rivals,” Mr Featherston said.
The ACCC’s inquiries indicate there are alternative manufacturers of sleepers and bearers in Australia and some imports.
“After speaking with a range of industry participants, we consider that existing manufacturers of sleepers and bearers could expand their offerings, including by increasing production or expanding their geographic presence,” Mr Featherston said.
In relation to fastening components, industry participants also indicated that there is a very strong competing supplier, whose products are approved for use in most rail tracks, and is likely to continue to constrain Vossloh post acquisition.
The ACCC also considered concerns raised about the possible disclosure of confidential turnout and fastening information to the combined Vossloh-Austrak, but did not consider that it would cause a substantial lessening of competition.
More information is available at Vossloh Australia Pty Ltd – proposed acquisition of Austrak Pty Ltd.
Background
Austrak is a wholly owned subsidiary of Laing O’Rourke, and is the largest concrete sleeper manufacturer and supplier to the rail industry in Australia.
Sleepers are rectangular supports that support the rails and uniformly transfer and distribute loads to the underlying ballast.
Fastening components are used to connect rails to railway sleepers. Turnouts enable trains to move from one track to another. Bearers are similar to sleepers, but lie underneath turnouts instead of straight track and are specifically designed for each turnout.
Austrak has concrete sleeper manufacturing facilities in four states (Qld, NSW, WA, Vic).
Vossloh is a subsidiary of Vossloh AG, a German rail technology company which manufactures and supplies rail infrastructure. In Australia, Vossloh supplies rail fastenings and switch systems, including turnouts which enable trains to move from one track to another.
Vossloh does not manufacture or supply sleepers in Australia. It supplies fastenings in Australia for use with slab track and does not currently supply fastenings for use in ballasted track (although it has the ability to do so).

The ACCC has decided not to oppose the proposed acquisition of Racing Internet Services Pty Ltd (Racenet) by Punters Paradise Pty Limited (Punters), a subsidiary of News Corp Australia Investments Pty Ltd.
Punters and Racenet are digital platforms that provide racing news and information to consumers through their websites, mobile apps and social media channels.
The parties also earn revenue for referring new customers to corporate bookmakers, by acting as betting affiliates.
“The ACCC found that there are numerous alternative sources of online racing news and information for consumers other than Punters and Racenet,” ACCC Commissioner Roger Featherston said.
The ACCC also found betting-affiliate services are just one of a number of channels used by corporate bookmakers to acquire new customers.
As a result, the ACCC concluded that it was unlikely that the proposed acquisition would result in a substantial lessening of competition in any market.
Further information is available at News Corp – proposed acquisition of Racing Internet Services Pty Ltd (Racenet).