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senate vote 2020-12-03#2
Edited by
mackay staff
on
2021-12-30 10:42:12
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Title
Description
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- The majority voted against [amendments (1) to (4)](https://www.openaustralia.org.au/senate/?gid=2020-12-03.14.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means they failed. These amendments would have excluded universities from the bills.
- ### Amendment text
- > *(1) [Clause 7](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 9 (lines 6 and 7), omit paragraph (7) (e).*
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- > *(2) Clause 7, page 9 (after line 12), after paragraph (h), insert:*
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- >> *(ha) a university established by, or under, a law of a State or a Territory; or*
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- > *(3) [Clause 10](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 11 (line 28), omit "paragraph 7(d), (e) or (f)", substitute "paragraph 7(d) or (f)".*
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- > *(4) [Clause 50](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0005;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 60 (lines 19 and 20), omit "Generally, this Act applies to the Australian National University as if it were a State/Territory entity."*
- ### What do these bills do?
- According to the bill homepage, the [Australia’s Foreign Relations (State and Territory Arrangements) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6596) was:
- > *Introduced with the [Australia’s Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:legislation/billhome/r6595), the bill establishes a legislative scheme for Commonwealth engagement with arrangements between State or Territory governments and foreign governments, and their associated entities.*
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senate vote 2020-12-03#2
Edited by
mackay staff
on
2021-12-30 10:40:38
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Title
Bills — Australia's Foreign Relations (State and Territory Arrangements) Bill 2020, Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020; in Committee- Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 and another - in Committee - Exclude universities
Description
<p class="speaker">Mehreen Faruqi</p><p>I seek leave to move amendments (1) to (4) on sheet 1120 and amendment (5) on sheet 1120 together. I know that they will be voted on separately, but I'd like to move them together.</p>-
- The majority voted against [amendments (1) to (4)](https://www.openaustralia.org.au/senate/?gid=2020-12-03.14.1) introduced by NSW Senator [Mehreen Faruqi](https://theyvoteforyou.org.au/people/senate/nsw/mehreen_faruqi) (Greens), which means they failed. These amendments would have excluded universities from the bills.
- ### Amendment text
- > *(1) [Clause 7](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 9 (lines 6 and 7), omit paragraph (7) (e).*
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- > *(2) Clause 7, page 9 (after line 12), after paragraph (h), insert:*
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- >> *(ha) a university established by, or under, a law of a State or a Territory; or*
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- > *(3) [Clause 10](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0001;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 11 (line 28), omit "paragraph 7(d), (e) or (f)", substitute "paragraph 7(d) or (f)".*
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- > *(4) [Clause 50](https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;db=LEGISLATION;id=legislation%2Fbills%2Fr6596_first-reps%2F0005;query=Id%3A%22legislation%2Fbills%2Fr6596_first-reps%2F0000%22;rec=0), page 60 (lines 19 and 20), omit "Generally, this Act applies to the Australian National University as if it were a State/Territory entity."*
<p>Leave granted.</p><p>In respect of the Australia's Foreign Relations (State and Territory Arrangements) (Consequential Amendments) Bill 2020, I move:</p><p class="italic">(1) Clause 7, page 9 (lines 6 and 7), omit paragraph (7) (e).</p><p class="italic">(2) Clause 7, page 9 (after line 12), after paragraph (h), insert:</p><p class="italic">(ha) a university established by, or under, a law of a State or a Territory; or</p><p class="italic">(3) Clause 10, page 11 (line 28), omit "paragraph 7(d), (e) or (f)", substitute "paragraph 7(d) or (f)".</p><p class="italic">(4) Clause 50, page 60 (lines 19 and 20), omit "Generally, this Act applies to the Australian National University as if it were a State/Territory entity."</p><p>And the Greens oppose division 6 in the following terms:</p><p class="italic">(5) Division 6, clause 55, page 68 (lines 1 to 12), to be opposed.</p><p>This year the government has presided over the complete devastation of universities, with $1 billion of core funding cuts; the doubling of fees for many degrees; international students being left completely abandoned during this time of crisis, having to line up outside food banks to put food in their stomach; and not lifting a finger to stop thousands of uni jobs being cut. The government are actually allowing all of that to happen right under their watch. One day, they want university autonomy and to wash their hands of any responsibility they have for universities; the next day, they come in here wanting to crack the whip on universities.</p><p>We side with the university sector, which says that the inclusion of universities in Australia's Foreign Relations (State and Territory Arrangements) Bill 2020 is going to be damaging to them. This bill has extraordinary scope. It is seemingly dressed up, but it is up to the whim of the government as to what they think the national interest is on a particular day. That is how they are going to operate. Nothing that the minister said in response to the questions from Senator Wong or Senator Rice has convinced me that it should be otherwise.</p><p>If this bill passes, the government can basically tear up any agreement between Australian universities and overseas organisations or governments, and those agreements could underpin vital research, which is something that the government doesn't like. It doesn't have to be international interference. It could be cultural issues or joint degrees—any of that. The attitude is, 'Trust us; we don't know what we are going to do with universities yet, but trust us.' I'm sorry; we don't really trust you.</p><p>I know the Labor Party have stood here over the past four days saying that universities haven't been consulted. Labor colleagues have waxed lyrical about the importance of consulting and engaging with universities properly. I would plead with you to support these amendments and exclude the universities. Once the government has consulted with the universities, even if you do want them included, maybe think about that later. At this point, we just don't know what the government is going to do. I commend these amendments to the Senate.</p> <p class="speaker">Pauline Hanson</p><p>I have to respond to that. When I hear the Greens talk in this chamber I sometimes wonder whether they are really here to represent the Australian people, when all the time they're talking about overseas countries or foreign students, as they are in this case. I wonder if they have really taken the time to speak to the government to understand why the universities have been included in this bill. Have you really followed up to get some understanding about why they are in the bill?</p><p>This is about national interest, our safety. What we've found is that, even in the case of students, universities are collaborating and working with the Chinese government in research programs. On top of their jobs with universities, they're getting paid up to $150,000. We don't know what they're doing. We've built up our national security in this country in relation to cyberattacks and things like that. It is quite understandable to say that, if any agreements are taken up by universities with other foreign countries, we must know what those agreements are, pure and simple. To drag foreign students into this, saying it is about taking food out of their stomachs, is a load of rubbish as far as I'm concerned. Stick with what this bill is about. If you really care about this country, about the national interest, then you'll stand up and support this bill.</p><p>I think this is quite sensible and feasible. We've spoken about private universities being included in this. I suggested to the government that they send a letter to them and invite them to be part of this. A lot of people in the universities don't understand what the government, ASIO or the Federal Police know is going on. They should be working with the foreign affairs department. So I have no problem with it. Instead of whinging and complaining about legislation, how many of you, even on the Labor side, have really taken the time to sit down and talk to the government about their legislation and the impact this is having? This whinging and complaining goes on all the time. Half the time you don't really know the full guts of the bill.</p> <p class="speaker">Marise Payne</p><p>The government does not support the Greens amendments to remove universities from the bill. Of course we acknowledge that universities are a major contributor to the Australian economy. That are a major exporter. They have world-class standing and an increasing global posture, which is absolutely welcomed by the government. But it is a complex and contested world, and one of the things that this bill seeks to do is to ensure that we are working together to ensure consistency in foreign policy and foreign relations, because Australian public universities are publicly funded institutions, established by law with a fundamental role in international research and partnerships, because the status of Australian public universities and their international posture means their foreign arrangements do have the potential to impact Australia's foreign relations and foreign policy. It's also the case, though—and the government has acknowledged this—that university arrangements present a lower degree of risk than state and territory arrangements with foreign national governments. So, within the bill, they are designated as non-core arrangements; they are subject to fewer requirements and a lesser degree of scrutiny as a consequence of that.</p><p>We will work very closely, through the task force in the Department of Foreign Affairs and Trade, with universities to support their efficient and effective engagement with the scheme. As I set out yesterday in my discussions in the committee stage with Senator Rice and Senator Wong in particular, the Department of Foreign Affairs and Trade has consulted during many meetings with universities and representative university bodies, and we will continue to work closely with them in the implementation of the bill, should it be passed.</p> <p class="speaker">Penny Wong</p><p>We have worked through this in committee and as you would have seen from the amendments. Whilst I understand the points, and the political point, that Senator Faruqi wishes to make, we start from the proposition that universities' international engagement does have potential implications for Australia's foreign policy and therefore should be subject to regulation.</p><p>We have substantial concerns, which I outlined at length, I think, yesterday, about the government's refusal to engage, the minister's continued refusal to engage and the fact that UFIT, the task force which was doing work on this, was bypassed. We also have concerns about the regulatory gap, which has never been explained, whereby private universities like Bond University will be excluded from the operations of the bill.</p><p>However, those concerns do not lead us to the proposition that the principle that universities should be subject to regulation in respect of foreign arrangements ought be abrogated. So, for that reason, we will not be supporting the Greens amendments, as I've expressed to them publicly.</p><p>I also note that the government has accepted the need for a review of the operation of the bill and for a narrowing of the definition of 'arrangements' and has provided a definition of 'institutional autonomy', all of which were matters raised and dealt with through the Senate committee which we participated in.</p><p class="italic">The CHAIR: The question is that amendments (1) to (4) on sheet 1220 as moved by Senator Faruqi be agreed to.</p> -
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