Senate debates

Tuesday, 12 February 2008

Notices

Presentation

Senator Ludwig to move on the next day of sitting:

That the Senate take note of the National Apology to the Stolen Generations.

Senator Ludwig to move on the next day of sitting:

That, on Thursday, 14 February 2008:
(a)
the hours of meeting shall be 9.30 am to adjournment;
(b)
consideration of general business shall not be proceeded with;
(c)
the routine of business from not later than 4.30 pm shall be further consideration of the motion to take note of the National Apology to the Stolen Generations; and
(d)
if that debate has not concluded by 6 pm, then:
(i)
consideration of committee reports, government responses and Auditor-General’s reports under standing order 62(1) and (2) not be proceeded with, and
(ii)
at the conclusion of the debate, the question for the adjournment of the Senate shall be proposed.

Senator Ludwig to move on the next day of sitting:

That the days of meeting of the Senate for 2008 be as follows:
Autumn sittings:
Tuesday, 12 February to Thursday, 14 February
Autumn sittings (2):
Tuesday, 11 March to Thursday, 13 March
Monday, 17 March to Thursday, 20 March
Budget sittings:
Tuesday, 13 May to Thursday, 15 May
Winter sittings:
Monday, 16 June to Thursday, 19 June
Monday, 23 June to Thursday, 26 June
Spring sittings:
Tuesday, 26 August to Thursday, 28 August
Monday, 1 September to Thursday, 4 September
Monday, 15 September to Thursday, 18 September
Monday, 22 September to Thursday, 25 September
Monday, 13 October to Thursday, 16 October
Spring sittings (2):
Monday, 10 November to Thursday, 13 November
Monday, 24 November to Thursday, 27 November
Monday, 1 December to Thursday, 4 December.

Senator Ludwig to move on the next day of sitting:

(1)
That standing order 25(1) be amended as follows:

Omit: ‘Employment, Workplace Relations and Education’

Substitute: ‘Education, Employment and Workplace Relations’

Omit: ‘Environment, Communications, Information Technology and the Arts’

Substitute: ‘Environment, Communications and the Arts’.

(2)
That departments and agencies be allocated to legislative and general purpose standing committees as follows:
Community Affairs
Families, Housing, Community Services and Indigenous Affairs
Health and Ageing
Economics
Treasury
Innovation, Industry, Science and Research
Resources, Energy and Tourism
Education, Employment and Workplace Relations
Education, Employment and Workplace Relations
Environment, Communications and the Arts
Environment, Water, Heritage and the Arts
Broadband, Communications and the Digital Economy
Finance and Public Administration
Parliament
Prime Minister and Cabinet (including Climate Change)
Finance and Deregulation
Human Services
Foreign Affairs, Defence and Trade
Foreign Affairs and Trade
Defence (including Veterans’ Affairs)
Legal and Constitutional Affairs
Attorney-General
Immigration and Citizenship
Rural and Regional Affairs and Transport
Infrastructure, Transport, Regional Development and Local Government
Agriculture, Fisheries and Forestry.

Senator Ludwig to move on the next day of sitting:

(1)
That estimates hearings by standing committees for 2008 be scheduled as follows:
2007-08 additional estimates:
Monday, 18 February and Tuesday, 19 February and, if required, Friday, 22 February (Group A)
Wednesday, 20 February and Thursday, 21 February and, if required, Friday, 22 February (Group B).
2008-09 Budget estimates:
Monday, 26 May to Thursday, 29 May and, if required, Friday, 30 May (Group A)
Monday, 2 June to Thursday, 5 June and, if required, Friday, 6 June (Group B)
Monday, 20 October and Tuesday, 21 October, and if required, 24 October (supplementary hearingsGroup A)
Wednesday, 22 October and Wednesday, 23 October and, if required, 24 October (supplementary hearingsGroup B).
(2)
That the committees consider the proposed expenditure in accordance with the allocation of departments and agencies to committees agreed to by the Senate.
(3)
That committees meet in the following groups:
Group A:
Environment, Communications and the Arts
Finance and Public Administration
Legal and Constitutional Affairs
Rural and Regional Affairs and Transport
Group B:
Community Affairs
Economics
Education, Employment and Workplace Relations
Foreign Affairs, Defence and Trade.
(4)
That the committees report to the Senate on the following dates:
(a)
Tuesday, 18 March 2008 in respect of the 2007-08 additional estimates; and
(b)
Tuesday, 24 June 2008 in respect of the 2008-09 Budget estimates.

Senator Ludwig to move on the next day of sitting:

That the following operate as temporary orders until the conclusion of the 2008 sittings:
(1)
Adjournment debate on Tuesday
On the question for the adjournment of the Senate on Tuesday, a senator who has spoken once subject to the time limit of 10 minutes may speak again for not more than 10 minutes if no other senator who has not already spoken once wishes to speak, provided that a senator may by leave speak for not more than 20 minutes on one occasion.
(2)
Divisions on Thursday
If a division is called for on Thursday after 4.30 pm, the matter before the Senate shall be adjourned until the next day of sitting at a time fixed by the Senate.
(3)
Substitute members of committees
If a member of a committee appointed under standing order 25 is unable to attend a meeting of the committee, that member may in writing to the chair of the committee appoint a participating member to act as a substitute member of the committee at that meeting. If the member is incapacitated or unavailable, a letter to the chair of a committee appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader of the party or group on whose nomination the member was appointed to the committee.

Senator Sherry to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the law relating to the financial sector, and for related purposes. Financial Sector Legislation Amendment (Review of Prudential Decisions) Bill 2008.

Senator Sherry to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to give effect to the Model Law on Cross-Border Insolvency of the United Nations Commission on International Trade Law, and for related purposes. Cross-Border Insolvency Bill 2008.

Senator Minchin to move on the next day of sitting:

That the Senate—
(a)
records its deep regret and sadness at the death of Trooper David Pearce who died as part of a roadside bomb attack in Afghanistan on 8 October 2007;
(b)
commends his loyal and dedicated service to Australia since enlisting in the Army Reserve in 2002, including his deployment to the Solomon Islands in 2005-06; and
(c)
expresses its sincere condolences to Trooper Pearce’s wife and two children, and all loved ones for their tragic loss.

Senator Minchin to move on the next day of sitting:

That the Senate—
(a)
records its sadness and regret at the death of Sergeant Matthew Locke who died while on operations in Afghanistan on 25 October 2007;
(b)
notes and commends his dedicated commitment to the Australian Defence Force, particularly his courageous service in East Timor, Iraq and Afghanistan, including 10 years with the Special Air Service Regiment; and
(c)
expresses its sincere condolences to Sergeant Locke’s wife, son, family and friends for their tragic loss.

Senator Minchin to move on the next day of sitting:

That the Senate—
(a)
records its deep regret at the tragic death of Private Luke Worsley who was killed while serving with the Special Operations Task Group in Afghanistan on 23 November 2007;
(b)
notes and commends his loyal and dedicated service to the Australian Defence Force since 2001; and
(c)
expresses its sincere condolences to Private Worsley’s family and loved ones for their sad and tragic loss.

Senator Abetz to move on 14 February 2008:

That, upon its introduction into the House of Representatives, the provisions of the Workplace Relations Amendment (Transition to Forward with Fairness) Bill 2008 be referred to the Education, Employment and Workplace Relations Committee for inquiry and report by 28 April 2008, with particular reference to:
(a)
economic and social impacts from the abolition of individual statutory agreements;
(b)
impact on employment;
(c)
potential for a wages breakout and increased inflationary pressures;
(d)
potential for increased industrial disputation;
(e)
impact on sectors heavily reliant on individual statutory agreements; and
(f)
impact on productivity.

Senator Fielding to move on the next day of sitting:

(1)
That so much of standing orders be suspended as would prevent this resolution having effect.
(2)
That the following bills be restored to the Notice Paper and that consideration of each bill resumed at the stage reached in the 41st Parliament:
Alcohol Toll Reduction Bill 2007
Qantas Sale (Keep Jetstar Australian) Amendment Bill 2007
Trade Practices (Creeping Acquisitions) Amendment Bill 2007.

Senator Fielding to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Australian Securities and Investments Commission Act 2001 to limit unfair banking and credit card penalty fees, and for related purposes. Australian Securities and Investments Commission (Fair Bank and Credit Card Fees) Amendment Bill 2008.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
Israel has not yet provided the United Nations Mine Action Coordination Centre, Southern Lebanon (MACC SL) with maps indicating the locations in Lebanon where cluster munitions were dropped or fired during 2006,
(ii)
according to MACC SL, Israel’s failure to provide these maps has severely hampered and continues to hamper efforts aimed at rendering the land safe for agricultural and other use by removing unexploded sub-munitions,
(iii)
removal of the estimated one million unexploded cluster munitions was expected to be completed by the end of 2007 but, to date, only 14 per cent have been cleared, and
(iv)
the media in Lebanon continue to report injuries and deaths brought about as a result of unexploded sub-munitions that remain from the 2006 war; and
(b)
calls on the Australian Government:
(i)
to urge the Israeli Government to immediately provide MACC SL with maps to assist it in its efforts to remove all unexploded sub-munitions, and
(ii)
to increase Australia’s funding of sub-munition clearance activities being undertaken by MACC SL.

Senator Stott Despoja to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
the military junta in control of Myanmar, the State Peace and Development Council, has announced its intention to hold a constitutional referendum in May 2008, in advance of national elections by 2010,
(ii)
the drafting of guidelines for the new constitution has not involved representatives of the National League for Democracy (NLD) or minority ethnic groups and comes at a time when many pro-democracy activists are in prison, and
(iii)
a clause in the draft constitutional guidelines guarantees the military 25 per cent of the seats in the country’s parliament;
(b)
expresses concern that this process will merely entrench military rule under the guise of democracy;
(c)
welcomes the Australian Government’s long-term advocacy for pro-democracy and ethnic minority groups in Myanmar; and
(d)
urges the Government to:
(i)
consider additional measures to pressure the military junta to adopt democratic reforms, and
(ii)
lobby India, China and the Association of Southeast Asian Nations to:
(a)
call for the release of NLD leader Daw Aung San Suu Kyi and other political prisoners, and
(b)
reject the ‘roadmap to democracy’ and pressure the junta to adopt a dialogue with pro-democracy and ethnic minority representatives for a genuinely inclusive constitutional drafting process.

Senator Allison to move on 14 February 2008:

That the following bill be introduced: A Bill for an Act to amend the Renewable Energy (Electricity) Regulations 2001 to set renewable power percentages for the period commencing 1 January 2008 and ending 31 December 2020. Renewable Energy Legislation Amendment (Renewable Power Percentage) Bill 2008.

Senator Heffernan to move on 14 February 2008:

(1)
That a select committee, to be known as the Select Committee on Agricultural and Related Industries be appointed to initially inquire into and report by 16 June 2008, on the following matter:
The pricing and supply arrangements in the Australian and global chemical and fertiliser markets, the implications for Australian farmers of world chemical and fertiliser supply and pricing arrangements, monopolistic and cartel behaviour and related matters.
(2)
That the committee consist of 6 senators, 2 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and 1 nominated by minority groups and independent senators.
(3)
That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(4)
That the committee elect an Opposition member as chair.
(5)
That the committee elect a deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
(6)
That, in the event of an equally divided vote, the chair, or deputy chair when acting as chair, shall have a casting vote.
(7)
That the quorum of the committee be 4 members.
(8)
That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any of the matters which the committee is empowered to examine.
(9)
That the quorum of a subcommittee be 2 members.
(10)
That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and interim recommendations.
(11)
That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.
(12)
That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Senator Chris Evans to move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business):

That so much of the standing orders be suspended as would prevent a minister moving a motion to provide for the consideration of any matter.

Senator Chris Evans to move (contingent on the moving of a motion to debate a matter of urgency under standing order 75):

That so much of the standing orders be suspended as would prevent a minister moving an amendment to the motion.

Senator Minchin to move (contingent on the President presenting a report of the Auditor-General on any day or notifying the Senate that such a report had been presented under standing order 166):

That so much of the standing orders be suspended as would prevent the senator moving a motion to take note of the report and any senator speaking to it for not more than 10 minutes, with the total time for the debate not to exceed 60 minutes.

Senator Minchin to move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any matter.

Senator Minchin to move (contingent on the Senate proceeding to the consideration of government documents):

That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.

Senator Minchin to move (contingent on a minister moving a motion that a bill be considered an urgent bill):

That so much of standing order 142 be suspended as would prevent debate taking place on the motion.

Senator Minchin to move (contingent on a minister moving a motion to specify time to be allotted to the consideration of a bill, or any stage of a bill):

That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each senator speaking for the time allotted by standing orders.

Senator Minchin to move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired):

That so much of standing order 142 be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of time or for a specified period.

Senator Minchin to move (contingent on the moving of a motion to debate a matter of urgency under standing order 75):

That so much of the standing orders be suspended as would prevent a senator moving an amendment to the motion.

Senator Minchin to move (contingent on the President proceeding to the placing of business on any day):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the order of business on the Notice Paper.

Senator Minchin to move (contingent on a minister at question time on any day asking that further questions be placed on notice):

That so much of the standing orders be suspended as would prevent the senator moving a motion that, at question time on any day, questions may be put to ministers until 28 questions, including supplementary questions, have been asked and answered.

Senator Minchin to move (contingent on any senator being refused leave to make a statement to the Senate):

That so much of the standing orders be suspended as would prevent that senator making that statement.

Senator Minchin to move (contingent on any senator being refused leave to table a document in the Senate):

That so much of the standing orders be suspended as would prevent the senator moving that the document be tabled.

Senator Bob Brown to move (contingent on the President presenting a report of the Auditor-General on any day or notifying the Senate that such a report had been presented under standing order 166):

That so much of the standing orders be suspended as would prevent the senator moving a motion to take note of the report and any senator speaking to it for not more than 10 minutes, with the total time for the debate not to exceed 60 minutes.

Senator Bob Brown to move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any matter.

Senator Bob Brown to move (contingent on the Senate proceeding to the consideration of government documents):

That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.

Senator Bob Brown to move (contingent on a minister moving a motion that a bill be considered an urgent bill):

That so much of standing order 142 be suspended as would prevent debate taking place on the motion.

Senator Bob Brown to move (contingent on a minister moving a motion to specify time to be allotted to the consideration of a bill, or any stage of a bill):

That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each senator speaking for the time allotted by standing orders.

Senator Bob Brown to move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired):

That so much of standing order 142 be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of time or for a specified period.

Senator Bob Brown to move (contingent on the moving of a motion to debate a matter of urgency under standing order 75):

That so much of the standing orders be suspended as would prevent a senator moving an amendment to the motion.

Senator Bob Brown to move (contingent on the President proceeding to the placing of business on any day):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the order of business on the Notice Paper.

Senator Bob Brown to move (contingent on a minister at question time on any day asking that further questions be placed on notice):

That so much of the standing orders be suspended as would prevent the senator moving a motion that, at question time on any day, questions may be put to ministers until 28 questions, including supplementary questions, have been asked and answered.

Senator Bob Brown to move (contingent on any senator being refused leave to make a statement to the Senate):

That so much of the standing orders be suspended as would prevent that senator making that statement.

Senator Bob Brown to move (contingent on any senator being refused leave to table a document in the Senate):

That so much of the standing orders be suspended as would prevent the senator moving that the document be tabled.

Senator Fielding to move (contingent on the President presenting a report of the Auditor-General on any day or notifying the Senate that such a report had been presented under standing order 166):

That so much of the standing orders be suspended as would prevent the senator moving a motion to take note of the report and any senator speaking to it for not more than 10 minutes, with the total time for the debate not to exceed 60 minutes.

Senator Fielding to move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any matter.

Senator Fielding to move (contingent on the Senate proceeding to the consideration of government documents):

That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.

Senator Fielding to move (contingent on a minister moving a motion that a bill be considered an urgent bill):

That so much of standing order 142 be suspended as would prevent debate taking place on the motion.

Senator Fielding to move (contingent on a minister moving a motion to specify time to be allotted to the consideration of a bill, or any stage of a bill):

That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each senator speaking for the time allotted by standing orders.

Senator Fielding to move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired):

That so much of standing order 142 be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of time or for a specified period.

Senator Fielding to move (contingent on the moving of a motion to debate a matter of urgency under standing order 75):

That so much of the standing orders be suspended as would prevent a senator moving an amendment to the motion.

Senator Fielding to move (contingent on the President proceeding to the placing of business on any day):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the order of business on the Notice Paper.

Senator Fielding to move (contingent on a minister at question time on any day asking that further questions be placed on notice):

That so much of the standing orders be suspended as would prevent the senator moving a motion that, at question time on any day, questions may be put to ministers until 28 questions, including supplementary questions, have been asked and answered.

Senator Fielding to move (contingent on any senator being refused leave to make a statement to the Senate):

That so much of the standing orders be suspended as would prevent that senator making that statement.

Senator Fielding to move (contingent on any senator being refused leave to table a document in the Senate):

That so much of the standing orders be suspended as would prevent the senator moving that the document be tabled.

Senator Allison to move (contingent on the President presenting a report of the Auditor-General on any day or notifying the Senate that such a report had been presented under standing order 166):

That so much of the standing orders be suspended as would prevent the senator moving a motion to take note of the report and any senator speaking to it for not more than 10 minutes, with the total time for the debate not to exceed 60 minutes.

Senator Allison to move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business):

That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any matter.

Senator Allison to move (contingent on the Senate proceeding to the consideration of government documents):

That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.

Senator Allison to move (contingent on a minister moving a motion that a bill be considered an urgent bill):

That so much of standing order 142 be suspended as would prevent debate taking place on the motion.

Senator Allison to move (contingent on a minister moving a motion to specify time to be allotted to the consideration of a bill, or any stage of a bill):

That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each senator speaking for the time allotted by standing orders.

Senator Allison to move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired):

That so much of standing order 142 be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of tim

Photo of Andrew MurrayAndrew Murray (WA, Australian Democrats) Share this | | Hansard source

At the request of Senator Bartlett, I give notice that, on the next day of sitting, he will move:

That the following bill be introduced: A Bill for an Act to amend the Defence Act 1903 to provide for parliamentary approval of overseas service by members of the Defence Force, and for related purposes. Defence Amendment (Parliamentary Approval of Overseas Services) Bill 2008.

Senator Bob Brown to move on 14 February 2008:

That the Senate—
(a)
notes the Reserve Bank of Australia’s concern about ‘significant inflation pressures’ and the Rudd Government’s call for wage restraint from Australian workers; and
(b)
acknowledges that parliamentarians should lead by example in that wage restraint.

Senator Milne to move on 14 February 2008:

That the Senate—
(a)
notes that at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Bali, Indonesia in December 2007, an action plan was agreed to, which, inter alia, resolved to:
(i)
urgently enhance implementation of the United Nations Convention on Climate Change,
(ii)
respond to the findings of the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, that delay in reducing emissions significantly constrains opportunities to achieve lower stabilisation levels and increases the risk of more severe climate change impacts, and
(iii)
adopt a decision at the UNFCCC meeting in 2009 on the sustained implementation of the convention, through long-term cooperative action after the end of the Kyoto Protocol in 2012;
(b)
agrees that it is in the interest of current and future Australians that the Bali Action Plan succeed in producing an international agreement which minimises the risk of dangerous interference with the climate; and
(c)
calls on the Government to contribute in good faith to a timely successful implementation of the Bali Action Plan.

Senator Milne to move on 14 February 2008:

That the Senate—
(a)
notes that:
(i)
in December 2007, the Prime Minister (Mr Rudd) said that the Government believe that ‘climate change represents one of the greatest moral, economic and environmental challenges of our age’,
(ii)
on 6 February 2008, the Minister for Finance and Deregulation (Mr Tanner) announced funding cuts to climate-related programs, including $3 million from the Commonwealth Scientific and Industrial Research Organisation’s Research Vessel Southern Surveyor, $6 million from the Biodiversity Hotspots program and $42 million from the Renewable Remote Power Generation Program, and
(iii)
in 2007, the Institute for Sustainable Futures at the University of Technology in Sydney calculated that perverse subsidies supporting fossil fuel industries amounted to between $6.4 billion and $7.2 billion in the 2005-06 financial year; and
(b)
calls on the Government to phase out perverse subsidies to the fossil fuel industry and to reverse its decision to cut funding to research into climate change science and renewable energy programs.