Senate debates

Monday, 16 June 2008

Notices

Presentation

Senator Hogg to move on the next day of sitting:

That the Joint Committee of Public Accounts and Audit be authorised to hold public meetings during the sittings of the Senate on Wednesday, 18 June 2008, and Wednesday, 25 June 2008, from 11 am to 1.30 pm, to take evidence for the committee’s review of Auditor-General’s reports.

Senator McEwen to move on the next day of sitting:

That the report of the Environment, Communications and the Arts Committee on waste management in Australia and the Drink Container Recycling Bill 2008 be presented by 28 August 2008.

Senator Bernardi 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 sexual offences against children, and for related purposes. Crimes Legislation Amendment (Enhanced Child Protection from Predatory Tourism Offences) Bill 2008.

Senator Bernardi to move on the next day of sitting:

That there be laid on the table, no later than 5 pm on 23 June 2008, a list of the commitments made by the Government during the election period to provide grants for sports and recreation facilities, which are being administered by the Department of Health and Ageing and the Department of Infrastructure, Transport, Regional Development and Local Government, showing the recipients, locations and amounts of the grants.

Senator Ludwig to move on the next day of sitting:

That:
(1)   On Tuesday, 17 June 2008:
(a)   the hours of meeting shall be 12.30 pm to adjournment; and
(b)   the routine of business from 5 pm shall be:
(i)   valedictory statements, and
(ii)   after the conclusion of valedictory statements or at not later than midnight, whichever is the earlier, the Senate shall adjourn without any question being put.
(2)   On Wednesday, 18 June 2008:
(a)   the hours of meeting shall be 9.30 am to adjournment; and
(b)   the routine of business from 5.30 pm shall be:
(i)   valedictory statements, and
(ii)   the Senate shall adjourn without any question being put.
(3)   On Thursday, 19 June 2008:
(a)   the hours of meeting shall be 9.30 am to 6.30 pm and 7 pm to 11.40 pm;
(b)   the routine of business from 12.45 pm till not later than 2 pm, and from not later than 3.45 pm shall be government business only;
(c)   consideration of general business and consideration of committee reports, government responses and Auditor-General’s reports under standing order 62(1) and (2) not be proceeded with;
(d)   divisions may take place after 4.30 pm; and
(e)   the question for the adjournment of the Senate shall be proposed at 11 pm.
(4)   The Senate shall sit on Friday, 20 June 2008 and that:
(a)   the hours of meeting shall be 9 am to 4.25 pm;
(b)   the routine of business shall be:
(i)   notices of motion, and
(ii)   government business only; and
(c)   the question for the adjournment of the Senate shall be proposed at 3.45 pm.
(5)   On Monday, 23 June 2008:
(a)   the hours of meeting shall be 9.30 am to 6.30 pm and 7 pm to 11.40 pm;
(b)   the routine of business from 7 pm shall be government business only; and
(c)   the question for the adjournment of the Senate shall be proposed at 11 pm.
(6)   On Tuesday, 24 June 2008:
(a)   the hours of meeting shall be 12.30 pm to 6.30 pm and 7 pm to adjournment;
(b)   the routine of business from approximately 5.30 pm shall be:
(i)   Senator Murray to make a valedictory statement, and
(ii)   government business only; and
(c)   the question for the adjournment of the Senate shall be proposed at 11 pm.
(7)   On Wednesday, 25 June 2008:
(a)   the hours of meeting shall be 9 am to adjournment; and
(b)   the routine of business from 6.50 pm shall be:
(i)   valedictory statements, and
(ii)   the Senate shall adjourn without any question being put.
(8)   On Thursday, 26 June 2008:
(a)   the hours of meeting shall be 9.30 am to 6.30 pm and 7 pm to adjournment;
(b)   consideration of general business and consideration of committee reports, government responses and Auditor-General’s reports under standing order 62(1) and (2) shall not be proceeded with;
(c)   the routine of business from not later than 3.45 pm shall be government business only;
(d)   divisions may take place after 4.30 pm; and
(e)   if the Senate is sitting at 11 pm, the sitting of the Senate shall be suspended till 9 am on Friday, 27 June 2008.
(9)   In making valedictory statements in accordance with this order, a senator shall not speak for more than 20 minutes.

Senator Ludwig to move on the next day of sitting:

That the government business order of the day relating to the Telecommunications Legislation Amendment (Communications Fund) Bill 2008 be discharged from the Notice Paper.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)   notes that:
(i)   despite the relative improvement in the security situation in Iraq, the Iraqi people continue to live in an atmosphere of general chaos including lawlessness, unbridled terrorism, insecurity and the spread of organised crime, and
(ii)   Iraqi women are subjected to various forms of discrimination, oppression and exploitation and face violence on a daily basis, they are facing mass killings because of widespread terrorism targeting them and that heinous murders are committed against them in broad daylight with impunity;
(b)   condemns the crimes of killing women in Iraq and denounces all forms of violations of their human rights; and
(c)   calls on the Government to promote an international fact-finding mission to Iraq, organised by the United Nations High Commission for Human Rights, with the participation of international human rights organisations, to investigate the crimes committed against women and to help the Iraqi authorities to identify the perpetrators and work to stop these crimes, and to:
(i)   expose the criminals and those who stand behind them, and bring them to justice,
(ii)   disclose the outcome of the investigations,
(iii)   take measures to safeguard personal freedoms that are constitutionally guaranteed,
(iv)   take deterrent measures to ensure the safety of citizens and to protect their lives, and
(v)   act firmly to improve the conditions of women and facilitate their involvement in the reconstruction process.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)   notes that the statement by the Australian Industry Group, the Australian Council of Trade Unions, the Australian Education Union, Group Training Australia and the Dusseldorp Skills Forum ‘Facing up to Australia’s Skills Challenge’, in which priorities are proposed for:
(i)   a focus on improving the quality and increasing the number of Australians with vocational education and training qualifications which meet future industry and workforce needs,
(ii)   the centrality of industry,
(iii)   improved youth engagement and attainment,
(iv)   the crucial role for student support and for intermediaries,
(v)   national workforce development and existing worker strategies,
(vi)   genuine competency-based progression and improved apprenticeship completions,
(vii)   a review of traineeships,
(viii)   a public and industry investment strategy for vocational education and training,
(ix)   a clear vision for flexible and responsive vocational education providers, and for the future of technical and further education in particular, and
(x)   a focus on the skills needed for a low carbon economy; and
(b)   calls on the Government to adopt these priorities and to seriously consider the strategies suggested in the statement as soon as possible.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)   notes that on 11 June and 12 June 2008 citizens and scientists came together in Canberra for the 2008 Manning Clark House Conference ‘Imagining the Real Life on a Greenhouse Earth’, in honour of former federal Minister, the Honourable Dr Barry Jones, AO, and concluded that:
(i)   global warming is accelerating,
(ii)   the Arctic summer sea ice is expected to melt entirely within the next 5 years, decades earlier than predicted in the Fourth Assessment Report of the Intergovernmental Panel on Climate Change (2007),
(iii)   scientists judge the risks to humanity of dangerous global warming to be high,
(iv)   the loss of the Great Barrier Reef now seems likely,
(v)   extreme weather events, such as storm surges adding to rising sea levels and threatening coastal cities, will become more frequent,
(vi)   there is a real danger that we have reached or will soon reach critical tipping points and the future will be taken out of our hands – the melting Arctic sea ice could be the first such tipping point,
(vii)   beyond 2ºC of warming seems inevitable, unless greenhouse gas reduction targets are tightened, and we risk huge human and societal costs, and perhaps even the effective end of industrial civilisation,
(viii)   we need to cease our assault on our own life support system and that of millions of species, and that global warming is only one of many symptoms of that assault,
(ix)   peak oil, global warming and long-term sustainability pressures all require that we reduce energy needs and switch to renewable energy sources and many credible studies show that Australia can quickly and cost-effectively reduce greenhouse gas emissions through dramatic improvements in energy efficiency and by increasing Australia’s investment in solar, wind and other renewable sources,
(x)   the need for action is extremely urgent and the window of opportunity for avoiding severe impacts is rapidly closing, yet the obstacles to change are not technical or economic, they are political and social, and
(xi)   democratic societies have responded successfully to dire and immediate threats, as was demonstrated in World War II and this is a last call for an effective response to global warming;
(b)   thanks the delegates of this conference, including Professor Barry Brook, Sir Hubert Wilkins, Dr Geoff Davies, Dr Andrew Glikson and Mr Sebastian Clark for their efforts in drawing this warning to the Senate’s attention; and
(c)   urges the Government to act on these conclusions.

Senator Allison and Senator Murray to move on the next day of sitting:

(1)   That the Senate—
(a)   notes the report by CHOICE on charities, published online in March 2008, that highlights the wide variability and inconsistency in the way that charities disclose information to the public; and
(b)   acknowledges that the 27 recommendations from the inquiry into the definition of charities and related organisations, which reported in 2001, have not been implemented.
(2)   That the following matters be referred to the Economics Committee for inquiry and report by the last sitting day of November 2008:
(a)   to investigate the relevance and appropriateness of current disclosure regimes for charities and all other not-for-profit organisations;
(b)   to identify models of regulation and legal forms that would improve governance and management of charities and not-for-profit organisations and cater for emerging social enterprises; and
(c)   to identify other measures that can be taken by government and the not-for-profit sector to assist the sector to improve governance, standards, accountability and transparency in its use of public and government funds.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)   notes that:
(i)   United Nations (UN) efforts to accomplish the decolonisation process in Western Sahara have not been successful yet,
(ii)   more than 165 000 Saharawis have been living in refugee camps in the south-west of Algeria for the past 33 years in dire conditions,
(iii)   the UN Security Council adopted Resolutions 1754 and 1783 (2007) whereby it called on Morocco and the Polisario independence movement to enter into negotiations, in good faith and without preconditions with a view to achieving a peaceful solution that provides a genuine opportunity for the Saharawi people to exercise their right to self-determination,
(iv)   Polisario has offered a reasonable and genuine proposal for a peaceful solution to the conflict which complies with international legality and was noted in Security Council Resolutions 1754 and 1783,
(v)   a just, lasting and democratic solution to the question of Western Sahara can be achieved through the organisation of a free and fair referendum to allow the Saharawi people to exercise their right to self-determination, in accordance with the UN resolutions, and
(vi)   a UN failure in Western Sahara would compromise its credibility and lead to instability in north-west Africa;
(b)   calls on both parties in the conflict, Morocco and the Polisario, to cooperate fully with the UN in its efforts to find a speedy and peaceful resolution to the conflict in Western Sahara; and
(c)   urges the Government to make representations to:
(i)   the UN, urging it to proceed in organising the long overdue referendum of self-determination without further delays, and
(ii)   the Moroccan Government, asking it to respect human rights in the occupied territories of Western Sahara.

Senator Allison to move on the next day of sitting:

That the Senate—
(a)   notes that remote area nurses are the mainstay of health service provision in remote Indigenous communities, often providing the only local health service available;
(b)   recognises that remote area nurses provide an invaluable service to some of the most disadvantaged populations in Australia, while their work context and role put them at risk of emotional and physical burnout due to insufficient access to resources, limited professional support and social and cultural isolation; and
(c)   calls on the Government to recognise the primacy of remote area nurses in providing health care to remote Indigenous communities and to improve remote area nurse representation in government efforts to develop long-term plans of action to overturn existing inequalities in health services between Indigenous and non-Indigenous Australians.

Senator Ellison to move on the next day of sitting:

(1)   That the Passenger Movement Charge Amendment Bill 2008, together with the matter of the impact which the changes proposed by the bill will have on the tourism industry, be referred to the Legal and Constitutional Affairs Committee for inquiry and report on 24 June 2008.
(2)   That the committee hear evidence, inter alia, from the Australian Tourism Export Council, the Tourism Transport Forum, the Board of Airline Representatives of Australia and owners of major Australian airports.

Senator Ellison to move on the next day of sitting:

(1)   That:
(a)   the Same-Sex Relationships (Equal Treatment in Commonwealth Laws—Superannuation) Bill 2008 be referred to the Legal and Constitutional Affairs Committee for inquiry and report; and
(b)   any related bill or bills that may be introduced to give effect to the recommendations of the Human Rights and Equal Opportunity Commission’s report Same Sex: Same Entitlements, dated May 2007, also be referred to the Legal and Constitutional Affairs Committee for inquiry and report together with the following matters:
(i)   the definition of ‘couple relationship’,
(ii)   empirical evidence from the states concerning the existence, recognition and relative numbers of interdependent relationships, other than de facto (whether heterosexual or same-sex) and marital relationships,
(iii)   whether the definition of ‘couple relationship’ should be amended to incorporate other interdependent relationships and, if so, whether the definitions should be broadened to include those relationships or whether a separate definition is required,
(iv)   the fiscal implications of the statutory recognition of other interdependent relationships for superannuation and taxation purposes,
(v)   the definitions of ‘child’ and ‘child of a couple relationship’,
(vi)   the legal and fiscal implications of the definitions referred to in (v), particularly as they relate to the rights, obligations and liabilities of co-parents (i.e., the parent in a couple relationship that does not have a biological connection to a child of that relationship), and
(vii)   all other matters considered necessary by the committee.
(2)   That the committee is not to conclude its consideration of the matter contained in subparagraph (1)(a) until it has concluded its consideration of the matters in subparagraph (1)(b).
(3)   That the committee must hear evidence, inter alia, from:
(a)   the Attorney-General’s Department;
(b)   the Department of Finance and Deregulation;
(c)   the Relationship Registries of Tasmania, Victoria and the Australian Capital Territory;
(d)   the Human Rights and Equal Opportunity Commission; and
(e)   the Law Council of Australia (Family Law Section).

Senator Ellison to move on the next day of sitting:

That the provisions of the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (2008 Budget and Other Measures) Bill 2008 be referred to the Finance and Public Administration Committee for inquiry and report by 24 June 2008, together with the following matters:
(a)   the number of people that will be affected by:
(i)   changes to Baby Bonus eligibility,
(ii)   changes to the Family Tax Benefit (FTB) part B eligibility,
(iii)   changes to the Commonwealth Seniors Health Card (CSHC) compliance regime, and
(iv)   changes to the eligible age for the partner service pension;
(b)   the anticipated financial impact on individuals:
(i)   should their eligibility for a CSHC be revoked, and
(ii)   if they are affected by changes to the partner service pension;
(c)   how measures contained in the bill will be administered; and
(d)   the empirical and financial modelling underpinning the introduction of these measures, particularly in relation to income testing for the Baby Bonus, FBT part B, changes to the Partner Service Pension age eligibility and CSHC.

Senator Ellison to move on the next day of sitting:

That the Tax Laws Amendment (Budget Measures) Bill 2008 be referred to the Economics Committee for inquiry and report on 24 June 2008, together with the following matters:
(a)   the impact of the changes to the fringe benefits tax (meal cards and eligible work-related items) on employees, employers and other businesses;
(b)   the impact of the changes to the employee share schemes (election mechanism and removal of double taxation) on employees, employers and other businesses; and
(c)   the impact of the changes to the depreciation of computer software on employees, employers and other businesses.

Senator Ellison to move on the next day of sitting:

(1)   That the Tax Laws Amendment (Medicare Levy Surcharge Thresholds) Bill 2008 be referred to the Economics Committee for inquiry and report not before 26 August 2008, together with the following matters:
(a)   the impact of changes to the thresholds on the number of Australians with private health insurance (PHI), including an examination of how many will abandon their policies as a result and how many will not take up PHI in the future;
(b)   the modelling underpinning the decision and the veracity of that modelling;
(c)   the anticipated impact on PHI premiums and PHI products offered;
(d)   the impact of the change on the cost of living and the consumer price index;
(e)   including the threshold, PHI rebate and lifetime health cover on increasing PHI membership;
(f)   the anticipated impact of changes to the threshold on:
(i)   the public hospital system including waiting lists and the financial requirements of state governments,
(ii)   the ongoing viability of PHI, and
(iii)   private hospitals.
(2)   That the inquiry hear evidence in all capital cities and from, inter alia, the private health insurance sector about the impact of the measures in the bill on the industry and on the public hospital system.

Senator Ellison to move on the next day of sitting:

(1)   That the National Health Amendment (Pharmaceutical and Other Benefits—Cost Recovery) Bill 2008 be referred to the Community Affairs Committee for inquiry and report not before 18 August 2008, together with the following matters:
(a)   the impact of the Pharmaceutical Benefit Scheme (PBS) cost recovery on:
(i)   patients’ timely and affordable access to medicines,
(ii)   the Australian pharmaceutical industry,
(iii)   new products and innovation, and
(iv)   the independence of the Pharmaceutical Benefits Advisory Committee;
(b)   cost recovery mechanisms in other countries;
(c)   how cost recovery will improve the timeliness and effectiveness of the current PBS process for listing new medicines; and
(d)   the modelling and consultation underpinning the decision.
(2)   That, in conducting its inquiry, the committee hear evidence, inter alia, from the pharmaceutical industry, generic medicines industry, consumer and patient health groups, the Department of Health and Ageing, the PBS Evaluation Units and the Australian Medical Association and other medical bodies.

Senator Ellison to move on the next day of sitting:

(1)   That the provisions of the following bills:

Tax Laws Amendment (Luxury Car Tax) Bill 2008

A New Tax System (Luxury Car Tax Imposition—General) Amendment Bill 2008

A New Tax System (Luxury Car Tax Imposition—Customs) Amendment Bill 2008 and

A New Tax System (Luxury Car Tax Imposition—Excise) Amendment Bill 2008,

be referred to the Economics Committee for inquiry and report not before 26 August 2008, together with the following matters:
(a)   the incidence of the luxury car tax (LCT) and the effect of the proposed increase in the LCT rate on rural and regional communities, small business families and tourism operators;
(b)   the effect of the LCT increase on the prices of vehicles, the affordability of motor vehicles, the cost of living, and the consumer price index (CPI);
(c)   the expected impact of the increase in the LCT rate on vehicle demand and the likely consequences for government revenues including from the LCT, goods and services tax (GST) and stamp duty;
(d)   the growing incidence of the LCT over time and the adequacy of current arrangements for indexation of the LCT threshold, in comparison with alternative measures including the CPI, average weekly earnings and the increase in the retail price of motor vehicles;
(e)   the rationale for taxing ‘luxury’ cars at a higher rate than other goods and services;
(f)   the effect of the LCT and the proposed increase in the LCT rate on Australian vehicle manufacturers and vehicle importers and distributors;
(g)   the overall taxation burden on ownership and operation of motor vehicles including customs duty, GST, LCT stamp duty and excise on fuel;
(h)   the effect of the LCT and the proposed increase in the LCT rate on the adoption of vehicle safety features and environmental technologies; and
(i)   the extent to which the LCT is viewed as a non-tariff barrier by other car exporting countries.
(2)   That:
(a)   as a minimum, the committee hold hearings in Melbourne and Adelaide and hear evidence, inter alia, from Australia’s vehicle manufacturers, importers and distributors as well as from the Federal Chamber of Automotive Industries, the Australian Automobile Association, the Motor Trades Association of Australia, the Victorian Automobile Chamber of Commerce, the Motor Trades Association of Queensland and the tourism industry; and
(b)   the committee also take into account submissions to, and recommendations of, the Bracks’ Review of Australia’s Automotive Industry.

Senator Ellison to move on the next day of sitting:

(1)   That the provisions of the Excise Legislation Amendment (Condensate) Bill 2008 and the Excise Tariff Amendment (Condensate) Bill 2008 be referred to the Economics Committee for inquiry and report not before 26 August 2008, together with the following matters:
(a)   the impact of the changes on retail prices of domestic gas and electricity in Western Australia, and any consequent effect on consumer prices;
(b)   the impact of the decision on the industry generally and on the exploration for petroleum products in Australia; and
(c)   the impact of the decision, and the decision-making process, on domestic and international investment confidence in Australia.
(2)   That the committee must conduct hearings in Western Australia and hear evidence from, inter alia, industry bodies and joint venture partners on the North West Shelf.

Senator Ellison to move on the next day of sitting:

(1)   That the National Fuelwatch (Empowering Consumers) Bill 2008 and the National Fuelwatch (Empowering Consumers) (Consequential Amendments) Bill 2008 be referred to the Economics Committee for inquiry and report not before 29 September 2008, together with the following matters:
(a)   the impact of the proposed Fuelwatch scheme on the price consumers will pay for motor fuel (including unleaded petrol, diesel and LPG) in metropolitan areas, regional centres and rural Australia;
(b)   the economic benefits and costs of the proposed Fuelwatch scheme to consumers in metropolitan areas, regional centres and rural Australia;
(c)   other economic costs of the proposed Fuelwatch scheme, including the compliance costs of the scheme for industry, particularly independent retailers;
(d)   the impact of the proposed Fuelwatch scheme on competition between motor fuel retailers and the operation and viability of independent motor fuel retailers;
(e)   intraday price volatility in the retail market, established price cycles in each state and territory, and consumer awareness of price cycles;
(f)   the impact of Fuelwatch on discounting, as well as the amplitude and duration of price cycles, including any penalties that will apply to motor fuel retailers for not fixing prices for 24 hour periods;
(g)   the potential use under the Fuelwatch scheme of sophisticated pricing strategies by motor fuel retailers who have more than one retail outlet, and how they may take advantage of the 24 hour rule;
(h)   independent analysis of the overall economic benefits and costs of the proposed Fuelwatch scheme;
(i)   independent analysis of the differences in motor fuel prices between Western Australia and other Australian states and territories, with particular reference to volumetric or consumption-weighted prices; and
(j)   the legal basis for the legislation.
(2)   That, in conducting its inquiry, the committee:
(a)