Issue 80 07 March 201 6 to 15 April 2016 Saving you time for nine years. Another Seasonal Edition IN THIS ISSUE: Double Dissolution or Otherwise Billson Franchise role Kennett on Turnbull Greens no longer the nutters they were Royal Commission into banks? What is debt? Rudd on the move Same sex marriage law. New England Fight Hats allowed in Parliament Abbott hits back at book ACCC furious over Coles criticism Shorten’s bombsell crackdown Safe Schools Contact Us Affairs of State Letter from Canberra 14 Collins Street Melbourne, 3000 A monthly digest of news from around Australia. Victoria, Australia P 03 9654 1300 Saving you time; now in its eighth year. F 03 9654 1165 Contents [email protected] www.affairs.com.au 3 Editorial 13 Agriculture, Cattle & Water 3 Feature Item 1 13 Media Letter From Canberra is a monthly public affairs 4 Feature Item 2 13 Justice bulletin, a simple précis, distilling and interpreting 4 Governance 14 Broadband & IT public policy and government decisions, which 7 Party Happenings 14 Welfare affect business opportunities in Victoria and Australia. 8 Industrial Relations and Employment 14 Transport & Infrastructure 9 Business, Economy, Manufacturing, Finance 14 Education Written for the regular traveller, or people with 10 Mining 16 Foreign Affairs meeting-filled days, it’s more about business 10 Trade 17 Defence opportunities than politics. 10 Refugees & Immigration 17 Indigenous Letter from Canberra is independent. It’s not party 11 Tax 18 Sports & Arts political or any other political. It does not have the 11 Tourism 18 Society imprimatur of government at any level. 12 Climate Change, Environment, Energy The only communication tool of its type, Letter from Canberra keeps subscribers abreast of recent About the editor developments in the policy arena on a local, state Alistair Urquhart, BA LLB and federal level. Alistair Urquhart graduated from the Australian National University in Canberra, in Law, History and Politics. He may Published by A.B Urquhart & Company Pty Ltd even hold the record for miles rowed on Lake Burley Griffin. trading as Affairs of State. He was admitted as a barrister and solicitor to the Supreme Disclaimer: Material in this publication is general Court of Victoria, and remains a (non-practicing) member of the Law Institute of Victoria. Previously, he graduated from comment and not intended as advice on any high school in Bethesda, Maryland, and had many particular matter. Professional advice should to be opportunities to become aware of the workings of sought before action is taken. Washington D.C. For 30 years, he listened every Sunday evening to the late Material is complied from various sources Alistair Cooke and his Letter from America . Alistair’s early including newspaper articles, press releases, career was mostly in the coal industry, where he became government publications, Hansard, trade journals, involved with energy, environmental and water issues, and etc. later in the SME finance sector. He found time to be involved in a range of community Copyright: This newsletter is copyright. No part may activities where he came to understand some of the Editor enjoying coffee at be reproduced, stored in or introduced into a practical aspects of dealing with government and meeting Newmarket Saleyards with friends retrieval system, or transmitted, in any form or by people across the political spectrum. He now chairs a large disability employment service, including its British any means (electronic, mechanical, photocopying, operations. recording or otherwise), without the prior written permission from the publisher. About the publisher Affairs of State Affairs of State respects your privacy. While we do Established in 1993, is an independent Australian public affairs firm with contemporary international connections. believe that the information contained in Letter from Affairs of State provides a matrix of professional tools to multinational businesses, professional and industry Canberra will be useful to you, please advise us if associations, government agencies, pressure groups, NGOs and community causes in Australia and abroad. you do not wish to receive any further The firm works with many engineering and information technology firms and other professional association and communications from us. industry groups on a wide range of issues in Victoria, Canberra and overseas. Edited words in this edition: 21,333 The firm provides the following to clients: - Two monthly publications - Events at our offices and elsewhere - Charts and specialist directories - Facilitation with business and legal skills Staff - Training courses Editor - Mentoring of senior executives Alistair Urquhart [email protected] Sub Editor (since Edition 199) Josh Davis [email protected] Design Cory Zanoni [email protected] This issue designed by Mab Rahman Copy Editor Robert Stove [email protected] Subscriptions & advertising Katie Rigg [email protected] 07 March 2016 to 15 April 2016 Letter From Canberra EDITORIAL The full focus of the new session will be on the under some semblance of government Your Editor, believe it or not, is not a great footy passing or failure of the controversial Australian control.” fan or any other sport for that matter, despite the Building and Construction Commission Bills in Football Charts that his firm distribute, with the the Senate. On this occasion it also works together with the chosen AFL or similar, team of Federal and prospect of a double dissolution of the Senate to Victorian parliamentarians. If you do not have Prime Minister Turnbull has effectively create the circumstances where an election one as the Season has started, please contact challenged the Opposition and cross bench could be held on 2 July 2016. the Editor. He always barracks for Geelong, as Senators to pass the ABCC bills or face a he grew up there, except when Essendon is double dissolution of Parliament. It is an Double dissolutions are also not all that playing, which is where his father had had his ultimatum. common and occur with some complicating earlier years. So the Game at the MCG last factors surrounding the term of office of the weekend had Essendon and Geelong both on If the ABBC bills are rejected twice by the Senators. However, right now with the recently 41 points at half time. ‘Twas a good game until Senate the constitutional grounds for a double amended voting system for preference vote half time, then Geelong only with difficulty dissolution are available for both houses of counting in a Senate election, there is a strong kicked some serious goals, not too many, and Parliament and an election at which all Senate incentive for the Coalition Government to seek a lots of points. And went on to win. and House of Representative seats could be double dissolution. spilled. In the event of a double dissolution (all seats in The Essendon supporters left the ground with a both houses) the Coalition Government would certain sense of pride, that they had really given The Budget session has also been bought be hoping it will be returned to Government and one of the top teams a real challenge. One forward to 3 May. win a majority in the Senate under the new supporter threw an Essendon scarf at the voting rules which should mitigate against Editor, the first he has ever worn. There is more But what does it all mean? micro parties using preference deals to manage to come out of the Governance of the Essendon For the man in the street unaccustomed to a quota from a very low base of first preference Club by others in recent times. Give us Time! following Parliamentary procedure and votes. i.e. Senator Ricky Muir of the Australian constitutional law the language can be Motoring Enthusiasts Party in the last election. And now we have another Election season, confusing. without really knowing how long each side has Matters of Constitutional interpretation are to kick their goals before the siren sounds. Even Prorogue means: complex and confusing for the public, not many the timekeeper does not know when to blow “All things come to an end—that is, all business study the constitution. Therefore, there is some whichever whistle. on the Notice Paper lapses. Provision exists for public misapprehension and mistrust of these the resumption in a new session, under certain politically strategic decisions, to say the least. As at 5 April, The Opposition lead Shorten was conditions, of proceedings on bills which lapse ahead of Prime Minister Turnbull in a Newspoll by reason of prorogation” There has been some political commentary for its erratic economic policies or messaging, saying that by using section 5 the Coalition with perhaps three months to go until an Some commentators have described the Government is “tricky”. Because most voters election in particular tax indecisiveness where it prorogue as the equivalent of rebooting a are not across the Australian Constitution and almost felt like he was polling the Australian computer, or using an older analogy; the slate is the Electoral Act taking this route does imply for electorate to find out what they liked, it ‘aint wiped clean and a new session of Parliament some a strategic manipulation, but taxes’! can commence. Constitutional experts agree that using section 5 is valid and unlikely to be challenged. The FEATURE item of this Season is about how This provision to prorogue has been used the Australian Constitution has clauses which sparingly to stop and restart Parliament over the If the new session of Parliament leads to a can change the way legislation can pass past 50 years; once in 1968 following the double dissolution, it is not without risk for the through the Parliament. disappearance of Prime Minister Harold Holt, in Government. The quota of votes required for a 1970 by a Coalition Government, by the Senate candidate to succeed in a double The other FEATURE item is the Senate not Whitlam Government to facilitate the opening of dissolution election is reduced to 7.67%.