Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

I move:

That so much of standing and sessional orders be suspended as would prevent the member for Cook from moving the following motion forthwith—That the Prime Minister immediately commission an independent inquiry into the Australian Customs and Border Protection Service and Australia Post regarding the findings of the NSW Police investigation where up to 220 Glock pistols had been allegedly illegally imported to Australia through the Sylvania Waters Post Office and that the inquiry investigate, report and make recommendations in relation to this specific incident and any related incidents, including:

(1) how, when and why these weapon components were able to be allegedly imported into Australia and evade the detection of the ACBPS and seek to determine accountability for any failures identified;

(2) the adequacy of systems, resources and practice within the ACBPS for the detection of such items being imported and an overview of systems, resources and practices employed, including the impact of budget cuts to ACBPS as well as any institutional arrangements or organisational cultural factors that may adversely impact on the operations and capacity of the ACBPS;

(3) a review and assessment of the risk management strategies employed by ACBPS to assist the detection of the importation of weapons, including intelligence gathering, analysis, enforcement and investigation capabilities and integration with other border and law enforcement agencies;

(4) the level of exposure within Australia's network of more than 4,400 post office agencies including adequacy of security checks and procedures, the capacity to monitor compliance and proactively identify and investigate irregular activity;

(5) the appropriateness and consistency of the legal framework and penalty regime for the importation of weapons and related offences in the federal jurisdiction with possession, distribution and related offences in state and territory jurisdictions;

(6) any matters relating to the operation and policies of agencies in other national jurisdictions and cooperation with such agencies and other international agencies or Australia's international relations more broadly; and

(7) an assessment of the current and future level of risk and exposure to weapons importation based on current resources, systems and practices of the ACBPS and Australia Post.

This is an urgent matter that requires the suspension of standing orders immediately.

Bill Shorten (Maribyrnong, Australian Labor Party, Minister for Financial Services and Superannuation) Share this | Link to this | Hansard source

I move:

That the member be no longer heard.

Yvette D'Ath (Petrie, Australian Labor Party) Share this | Link to this | Hansard source

Before I consider the motion of the Minister for Financial Services and Superannuation and Minister for Employment and Workplace Relations I have before me the motion put by the member for Cook. Under the standing orders it is not available to the member to actually bring on a suspension motion when the order of the day has already been called on. We are not between business items—I had already called on the bill for consideration in detail by the House. In looking at the order of the day, I do not consider the motion of the member for Cook to be relevant to the business before the House.

Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

The wording of the motion was confirmed by the clerks before it was brought to this matter. It is open to any member to bring a suspension of standing orders at any time. I ask you to explain why a suspension of standing orders on a motion such as this cannot be brought, when we have a situation where the police commissioner of New South Wales has described this as one of the most significant smuggling activities we have seen in this country. If the government does not want to debate the motion—

Yvette D'Ath (Petrie, Australian Labor Party) Share this | Link to this | Hansard source

Order! The member for Cook will resume his seat.

Mr Randall interjecting—

I have received advice from the clerks—thank you to the member for Canning for his interjection. The clerks have advised me that, yes, the motion can be brought on, but it must be brought on in between business. I had already called on the order of the day. The motion does not relate to the business before the House. I ask the member for Cook to resume his seat for the moment. I will take the member for Cook to section 47 of the standing orders, 'Motions for suspension of orders', and will read it into the Hansard. For the benefit of those present:

(a) A Member may move, with or without notice, the suspension of any standing or other order of the House.

(b) If a suspension motion is moved on notice, it shall appear on the Notice Paper and may be carried by a majority of votes.

(c) If a suspension motion is moved without notice it:

(i) must be relevant to any business under discussion and seconded; and

(ii) can be carried only by an absolute majority of Members.

(d) Any suspension of orders shall be limited to the particular purpose of the suspension.

As I have already stated, the suspension motion does not relate to the business currently before the House.