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You can find the current article at its original source at https://www.theguardian.com/australia-news/live/2017/mar/28/china-extradition-treaty-australia-politics-live

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Version 5 Version 6
Aemo report on South Australia blackout released – politics live Aemo report on South Australia blackout released – politics live
(35 minutes later)
1.43am BST
01:43
@gabriellechan NO TREATY FOR YOU. @murpharoo #politicslive pic.twitter.com/ygr38OLilk
1.42am BST
01:42
Craig Laundy tells Sky the Chinese extradition treaty has nothing to do with the arrests of three Crown casino staff, currently held in China.
(There has been some speculation the the deal needs to be signed for those staff.)
Laundy disagrees.
Updated
at 1.44am BST
1.39am BST
01:39
Liberal MP for Reid Craig Laundy is speaking in favour of the China extradition treaty.
It’s our legal system that is reviewing the case before extradition ... You have a chance to defend yourself here before you are actually extradited.
Updated
at 1.43am BST
1.36am BST
01:36
Paul Karp
The Greens party room meeting has discussed the effects test, Native Title changes and company tax cuts.
The Greens are concerned that although the Liberals support adding an effects test to competition law in theory, in practice they may be loading bills with unpalatable changes to sink them because the Nationals forced them to adopt the new test.
The Greens dislike a plan to remove a pre-existing effects test for the telecommunications industry, and a proposal to increase penalties for secondary boycotts.
On Native Title, the Greens won’t support government legislation to change the law on challenging land use agreements, believing the changes have been rushed and insufficient consultation with Aboriginal and Torres Strait Islanders has occurred.
On company tax, the Greens supported the tax cut for small business earning less than $2m a year but does not support the government’s $48bn package.
They are sceptical anything will come of Nick Xenophon’s decision to link his support to delivering an Emissions Intensity Scheme; they believe an EIS is insufficient as it doesn’t cover the whole economy, its success depends on its design and it could be a mechanism for boosting gas at the expense of renewables.
Updated
at 1.43am BST
1.31am BST
01:31
Speaking at a doorstop, foreign minister Julie Bishop says every subsequent government since the treaty was signed in 2007 has had as policy to ratify to China treaty. (I’m looking at you Tony Abbott.)
Even though she was supporting the treaty this morning (as Turnbull was calling Shorten to pull the resolution), Bishop says she has been in lock step with Malcolm Turnbull.
It’s been in our national interests to have this arrangement with China.
But she concedes, given the numbers, the resolution had to be withdrawn.
Updated
at 1.34am BST
1.20am BST
01:20
The Joint Standing Committee on Treaties (Jscot), chaired by former Liberal minister Stuart Robert, recommended the China extradition treaty be accepted with conditions.
In his committee statement, Robert said:
Though it supports the agreement, the committee shares concerns expressed by the community about human rights afforded to people charged with crimes in China, the lack of transparency in the Chinese legal system, allegations of the ill-treatment and torture of prisoners, and the continuing imposition of the death penalty.
The committee said to make sure extradited suspects are treated fairly, Jscot recommended that:
• prior to making a decision to extradite an individual to China, the relevant minister must take into account the current state of China’s criminal justice system as well as the risks to the individual concerned; and
• any agreement to extradite a person to China must include an undertaking by China to provide a fair trial to that person.
Labor members produced a dissenting report, raising concerns, pointing to the Law Council concerns.
As the Law Council of Australia explained in their submission, Australia is responsible under international law for human rights violations suffered by an extradited person in the destination country. Moreover, as this committee noted in a previous report: “Australia has a moral obligation to protect the human rights of extradited persons beyond simply accepting the undertakings of countries making extradition requests.”
Labor made this recommendation:
That binding treaty action for the Treaty on extradition between Australia and the People’s Republic of China be delayed until after an independent review of the Extradition Act 1988 (Cth) to ensure that Australia’s extradition system continues to be consistent with community expectations and international legal obligations regarding the rule of law and human rights.
Updated
at 1.32am BST
1.03am BST1.03am BST
01:0301:03
Labor senator Lisa Singh says there are good reasons for Labor’s opposition to the China extradition treaty.Labor senator Lisa Singh says there are good reasons for Labor’s opposition to the China extradition treaty.
.@gabriellechan @guardian and Labor's dissenting report to JSCOT explains good reasons why. A principled outcome. #auspol.@gabriellechan @guardian and Labor's dissenting report to JSCOT explains good reasons why. A principled outcome. #auspol
1.00am BST1.00am BST
01:0001:00
Bill Shorten’s remarks to caucus on the China extradition treaty:Bill Shorten’s remarks to caucus on the China extradition treaty:
Shadow cabinet met last night, it was our recommendation to Caucus later this morning that we not ratify the treaty. Shadow cabinet met last night, it was our recommendation to caucus later this morning that we not ratify the treaty.
I spoke with Malcolm Turnbull this morning and advised him of this.I spoke with Malcolm Turnbull this morning and advised him of this.
He has subsequently advised me that they’re withdrawing the treaty from ratification.He has subsequently advised me that they’re withdrawing the treaty from ratification.
Updated
at 1.30am BST
12.59am BST12.59am BST
00:5900:59
In case you missed it last night, One Nation has been engaging in a little rhythmic gymnastics over various policy positions in the past 24 hours.In case you missed it last night, One Nation has been engaging in a little rhythmic gymnastics over various policy positions in the past 24 hours.
Pauline Hanson began on Monday morning saying she would boycott any votes unless there was a sugar resolution, which was already in the wings.Pauline Hanson began on Monday morning saying she would boycott any votes unless there was a sugar resolution, which was already in the wings.
Nevertheless, Gareth Hutchens reports she declared One Nation would support the Turnbull government’s tax cuts only for businesses with yearly turnover of $50m and less.Nevertheless, Gareth Hutchens reports she declared One Nation would support the Turnbull government’s tax cuts only for businesses with yearly turnover of $50m and less.
Then, having supported the Fair Work Commission’s decision to cut penalty rates before the West Australian election, Hanson now opposes cuts to Sunday penalty rates.Then, having supported the Fair Work Commission’s decision to cut penalty rates before the West Australian election, Hanson now opposes cuts to Sunday penalty rates.
After listening to people coming through my office, and on the streets, and back home over the weekend, and in the lead up to this, generally, the majority of the public do not want a cut to penalty rates on weekends,” she said.After listening to people coming through my office, and on the streets, and back home over the weekend, and in the lead up to this, generally, the majority of the public do not want a cut to penalty rates on weekends,” she said.
You’ve got my support. I’ve listened, and this is what you want, and I will not support any cuts to the penalty rates.You’ve got my support. I’ve listened, and this is what you want, and I will not support any cuts to the penalty rates.
12.42am BST12.42am BST
00:4200:42
Labor’s Penny Wong and Mark Dreyfus will speak on China at 11.30am.Labor’s Penny Wong and Mark Dreyfus will speak on China at 11.30am.
12.40am BST12.40am BST
00:4000:40
Just back to the China extradition treaty, it has been regularly reported over the years in the state owned China Daily of the need for an official extradition treaty with Australia. This is an example, from September last year:Just back to the China extradition treaty, it has been regularly reported over the years in the state owned China Daily of the need for an official extradition treaty with Australia. This is an example, from September last year:
In recent years, the United States, Canada, Australia and Singapore have become popular destinations for corrupt fugitive Chinese officials. They lack bilateral extradition treaties and have legal differences with China, complicating their return, according to the Ministry of Public Security.In recent years, the United States, Canada, Australia and Singapore have become popular destinations for corrupt fugitive Chinese officials. They lack bilateral extradition treaties and have legal differences with China, complicating their return, according to the Ministry of Public Security.
Many such fugitives have transferred billions of illegally acquired yuan to foreign accounts via money laundering and underground banks, the ministry said.Many such fugitives have transferred billions of illegally acquired yuan to foreign accounts via money laundering and underground banks, the ministry said.
12.33am BST12.33am BST
00:3300:33
Paul KarpPaul Karp
The Aemo report is obviously a lot more complex than wind power - guilty or innocent? But as that’s the frame through which the South Australian blackouts have been debated, here is some more detail from the report:The Aemo report is obviously a lot more complex than wind power - guilty or innocent? But as that’s the frame through which the South Australian blackouts have been debated, here is some more detail from the report:
Wind turbines successfully rode through grid disturbances. It was the action of a control setting responding to multiple disturbances that led to the [blackout]. Changes made to turbine control settings shortly after the event has removed the risk of recurrence given the same number of disturbances.”Wind turbines successfully rode through grid disturbances. It was the action of a control setting responding to multiple disturbances that led to the [blackout]. Changes made to turbine control settings shortly after the event has removed the risk of recurrence given the same number of disturbances.”
The report notes that several wind farms in SA have already changed their settings for the protective feature for multiple voltage disturbances which will help “mitigate the risk of similar major supply disruptions occurring in SA”.The report notes that several wind farms in SA have already changed their settings for the protective feature for multiple voltage disturbances which will help “mitigate the risk of similar major supply disruptions occurring in SA”.
One of the report’s new recommendations is that Aemo assess options for improved forecasting of when wind speeds will exceed protection settings on wind turbines, which would lead to ‘over-speed cut-outs’.One of the report’s new recommendations is that Aemo assess options for improved forecasting of when wind speeds will exceed protection settings on wind turbines, which would lead to ‘over-speed cut-outs’.
UpdatedUpdated
at 12.53am BSTat 12.53am BST
12.30am BST12.30am BST
00:3000:30
UpdatedUpdated
at 12.34am BSTat 12.34am BST
12.29am BST12.29am BST
00:2900:29
Noice.Noice.
12.22am BST12.22am BST
00:2200:22
Aemo report into South Australian blackouts: primary cause = tornadoesAemo report into South Australian blackouts: primary cause = tornadoes
The Australian Energy Market Operator has released its report into the South Australian blackouts on 28 September 2016 in which 850,000 SA customers lost electricity supply.The Australian Energy Market Operator has released its report into the South Australian blackouts on 28 September 2016 in which 850,000 SA customers lost electricity supply.
The report sets out the cause of the blackout in these critical stages:The report sets out the cause of the blackout in these critical stages:
As a result, all supply to the SA region was lost at 4.18 pm ... AEMO’s analysis shows that following system separation, frequency collapse and the consequent [blackout] was inevitable.As a result, all supply to the SA region was lost at 4.18 pm ... AEMO’s analysis shows that following system separation, frequency collapse and the consequent [blackout] was inevitable.
AEMO suggested that as the electricity mix changes it “is no longer appropriate to rely solely on synchronous generators to provide essential non-energy system services (such as voltage control, frequency control, inertia, and system strength)”. It suggests that the grid should also be stabilised with non-synchronous generators where technically feasible.AEMO suggested that as the electricity mix changes it “is no longer appropriate to rely solely on synchronous generators to provide essential non-energy system services (such as voltage control, frequency control, inertia, and system strength)”. It suggests that the grid should also be stabilised with non-synchronous generators where technically feasible.
The report said AEMO has begun work with the Australian Renewable Energy Authority trialling new technologies, starting with use of the new Hornsdale Stage 2 wind farm to provide grid stabilisation services.The report said AEMO has begun work with the Australian Renewable Energy Authority trialling new technologies, starting with use of the new Hornsdale Stage 2 wind farm to provide grid stabilisation services.
These projects can deliver engineering solutions to make the grid more resilient and protect customer supply as the transformation of Australia’s energy system continues.These projects can deliver engineering solutions to make the grid more resilient and protect customer supply as the transformation of Australia’s energy system continues.
So, in conclusion, although wind farms reducing power did play a role in the blackouts the primary cause was the tornadoes knocking over transmission lines, and wind power can be part of the solution to stabilising the grid.So, in conclusion, although wind farms reducing power did play a role in the blackouts the primary cause was the tornadoes knocking over transmission lines, and wind power can be part of the solution to stabilising the grid.
UpdatedUpdated
at 12.55am BSTat 12.55am BST
12.18am BST
00:18
While the MPs settle into their party room meetings, a little housekeeping.
First up in the Senate, the government has listed the amendment to section 18C of the Racial Discrimination Act.
The Senate has to table a quickie report into the bill, which was established on Thursday afternoon, before the bill will be debated. The inquiry heard from several witnesses on Friday in its only public hearing. I also reported the chair, Liberal Senator Ian Macdonald, would not allow evidence from the Aboriginal Legal Service on Friday on the grounds that a previous inquiry had already heard evidence.
The 18C changes are expected to fail, blocked by Labor, the Greens and Nick Xenophon.
Updated
at 12.20am BST
11.50pm BST
23:50
Energy and environment minister Josh Frydenberg has released this statement.
Electricity supply in New South Wales is set to be boosted with the construction of a new $100 million 42MW solar farm in Manildra.
Supported by up to $9.8 million in Turnbull government funding through the Australian Renewable Energy Agency (ARENA), the project will begin construction in the first half of 2017.
The project is part of the Turnbull government’s technology neutral, non-ideological approach to provide affordable, reliable electricity as we transition to a lower emission future.
The solar farm will generate more than 120,000 megawatt-hours of clean electricity a year or enough to supply up to 14,000 homes.
Now it is clearly a good thing to support renewables but the interesting thing for those who don’t know the geography is Manildra is about 20 minutes to Molong and 30 minutes to Orange.
And Orange, you will remember, was the scene of the state bloodbath for the NSW Coalition in the last state election. The voters of that area were cranky about the state Coalition decision to amalgamate councils. None more so than the residents of Molong who ran a very vocal campaign against the Nationals in a formerly conservative area. At a state level, the Shooters Fishers and Farmers member now represents the seat. #justsaying
Updated
at 11.55pm BST
11.44pm BST
23:44
Bill Shorten is beginning his caucus meeting.
He starts with a riff contrasting penalty rates with corporate tax cuts for the big banks (among others).
It shows you how out of touch this arrogant and incompetent government is.
He says he will not stop talking about the cuts to penalty rates until the government supports Labor’s legislation to stop cuts to penalty rates.
11.36pm BST
23:36
To recap, the defeat for the China extradition treaty is obvious because Cory Bernardi’s disallowance motion (due tomorrow) has the support of the following.
Labor and the Greens have confirmed they are against the treaty.
Xenophon Team, One Nation and David Leyonhjelm are expected to vote against.
This equals a majority in the senate supporting disallowance of the treaty.
11.26pm BST
23:26
Turnbull informs Shorten he is pulling the China treaty resolution
Midway through a conversation with Cory Bernardi, journalist Kieran Gilbert receives a message that Malcolm Turnbull has called Bill Shorten to tell him the treaty resolution has been pulled.
I have also confirmed that this has occurred.
So Turnbull has pulled the resolution given the obvious conclusion that it would be an embarrassing defeat for the treaty in the senate.
11.04pm BST
23:04
Big (government) trouble in little China
Katharine Murphy
The extradition treaty with China is the focal point of corridor conversation in Canberra this morning.
There are a number of government MPs very exercised. Government MPs report that three Liberal Senators, Eric Abetz, Dean Smith and David Fawcett would contemplate crossing the floor in the event this issue came to a vote.
I stress this is speculation, but safe to say reasonably informed speculation. I’m chasing these people to see what they might be intending to do. The issue is now unlikely to come to a vote, because Labor doesn’t support the treaty.
The mechanism for blocking the treaty is a disallowance motion that will be moved in the Senate tomorrow. Labor, the Greens and the former Liberal Senator Cory Bernardi support the disallowance.
11.03pm BST
23:03
George Brandis, the Bell matter and careless whispers
Paul Karp
In an unusual senate committee hearing on a sitting night last evening, the Bell litigation matter starring George Brandis was further poked.
This is what we discovered, via Paul Karp.
The Australian Tax Office sought advice about what it could do if Brandis compromised its ability to challenge Western Australia’s Bell litigation laws. It seems there were “bureaucratic whispers” that it was under consideration.
Two ATO witnesses told the Senate legal and constitutional affairs committee on Monday night that they sought legal advice due to rumours from multiple public sector sources that a direction preventing them from intervening in the high court was under consideration.
However, the ATO witnesses noted the rumours were merely hearsay and such a direction was never issued.
Second ATO commissioner, Andrew Mills, said in the days before 4 March, 2016 he heard whispers “to the effect that the attorney general might consider issuing a direction in terms of what agencies could or couldn’t do in terms of proceeding with particular kinds of actions before the high court”.
At the time the ATO was planning to intervene in a constitutional challenge of WA’s laws that gave it priority over the Bell Group’s other creditors for its $1.8bn of assets, a move that could cost the tax office $300m.
Assistant ATO commissioner, Robert Puckeridge, said he was informed that a direction that could prevent the ATO intervening in the case was being contemplated by the attorney general, his department or office.
Updated
at 11.35pm BST
10.48pm BST
22:48
Barnaby Joyce on Pauline Hanson: not One Phone Call from One Nation on sugar
Barnaby Joyce has been speaking to Sabra Lane about the sugar shambles in Queensland.
This has been a long time issue and has been building to a head because of the sugar harvest. Paul Karp reported yesterday:
Sugar growers in north Queensland are concerned that they will lose control over who sells their sugar as Wilmar, which operates monopoly sugar mills in some districts, has failed to come to an agreement over supply with the not-for-profit industry pool Queensland Sugar Ltd.
It is a state government issue but in the absence of a resolution, Joyce has threatened to impose a code of conduct on the industry which would force an agreement.
He says for all of the foot stamping by One Nation on the sugar code, he has not received one phone call from them.
It’s like they come out and predict the sun is going to rise and then claim credit for it.
He makes a couple of points:
Government legal opinion suggests a sugar code of conduct would stand up.
He has had the code sitting in his drawer for quite some time.
The government will drop the code on the table “at the time of our choosing”.
The quickest way to resolve the issue is through the state government and the slowest way is a code of conduct.
Updated
at 11.33pm BST
10.28pm BST
22:28
The Guardian’s Essential poll is out. Katharine Murphy reports the usual Labor lead on a 2PP basis over the Coalition of 54% to 46%.
With the last parliamentary week dominated by the government’s proposed changes to the Racial Discrimination Act, voters were asked whether they approved of the Turnbull government’s plan to overhaul 18C.
The government’s proposed change to the legislation, expected to be debated in the Senate on Tuesday, would remove the terms “insult”, “offend” and “humiliate” and insert the higher definition of “harass” into section 18C.
A total of 45% of the survey approved of the move, and 34% were opposed.
Voters were also asked whether they thought laws governing racial discrimination in Australia were too strict, too weak or about right.
A total of 40% thought Australia’s current laws governing racial discrimination were about right, 26% thought they were too weak and 16% thought they were too strict.
Voters were asked the same set of questions about the RDA in November 2016, and the results suggest community sentiment has not shifted despite months of political contention over the issue.
9.53pm BST
21:53
Good morning blogans,
Unity of purpose is a rare thing in parliament but it seems an extradition treaty with China has brought about agreement with all but senior government leadership.
The extradition treaty was signed 10 years ago under the Howard government. It would mean that anyone with charges against them could be extradited between either country.
Malcolm Turnbull said yesterday failure to ratify would jeopardise joint law enforcement activities.
We are urging the opposition and crossbenchers to support the ratification. There are very considerable protections in the treaty and it is an important part of our co-operation with China on law enforcement.
Independent senator Cory Bernardi is first out of the blocks this morning, signalling his opposition. Bernardi says 99.9% of defendants in the Chinese legal system are found guilty.
We don’t know what happens to people once they are extradited to China ... there is no upside for Australia.
Bernardi makes a number of valid points in my opinion.
That Australia does not know what happens to people who are found guilty, including executions.
There is no formal stated protection of minors.
None of Australia’s Five Eyes intelligence partners (US, UK, Canada and New Zealand) have an extradition treaty with China.
If the treaty was signed under the Howard government, why does it have to be ratified by parliament now?
Bernardi says of justifications by Turnbull:
The difficulty is that governments will always say things to serve only their interests.
Greg Sheridan of the Oz reports that Tony Abbott is not the only one in the Coalition who has problems with the treaty, though the point must be made that Abbott did nothing to overturn the treaty as prime minister.
Abbott:
I’d be very, very cautious about ratifying this treaty at this time. In my judgment, China’s legal system has to evolve further before the Australian government and people could be confident that those before it would receive justice according to law.
I want the best possible friendship with China but not at the ­expense of our values and long-term national interest.
It has been reported that Labor’s shadow cabinet does not support the treaty but we have party room meetings this morning so I will bring you more on that decision when it is announced. Suffice to say, Bernardi seems confident of Labor support.
The Greens do not support the treaty, as senator Nick McKim said yesterday:
We’ve got very significant concerns about extraditing Australians, in particular to China. The Chinese government’s legal system quite frankly cannot be trusted, the conviction rate is astronomical which calls into significant question someone’s right to receive a fair trial in China and we will not be supporting the extradition of Australians to China. So we’ll be voting to block that extradition.
The mechanism for blocking the ratification is a disallowance motion, to be moved by Bernardi. He says with Labor support, he won’t need the Coalition to disallow the ratification.
There is plenty more coming up besides, including company tax cut negotiations after that bill passed the lower house. The report into the Racial Discrimination Act amendments to section 18C is due at 12.30pm. Join the conversation in the thread, on the Twits @gabriellechan and on Facebook.
Updated
at 11.31pm BST