Senate debates

Tuesday, 26 August 2008

Notices

Presentation

Senator Polley to move on the next day of sitting:

That the time for the presentation of the report of the Finance and Public Administration Committee on the lobbying code of conduct be extended to 3 September 2008.

Senator McEwen to move on the next day of sitting:

That the time for the presentation of the report of the Environment, Communications and the Arts Committee on waste management in Australia and the Drink Container Recycling Bill 2008 be extended to 3 September 2008.

Senator Ian Macdonald to move on the next day of sitting:

That the time for the presentation of the report of the Select Committee on State Government Financial Management be extended to 17 September 2008.

Senator Xenophon 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 Xenophon 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 Xenophon 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 Xenophon 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 Xenophon 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 Xenophon 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 Xenophon 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 the senator moving an amendment to the motion.

Senator Xenophon 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 Xenophon 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 Xenophon 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 Xenophon 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 Hanson-Young to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
26 August marked the 8th anniversary of the rescue of 433 asylum seekers by the MV Tampa,
(ii)
this rescue was followed by the refusal of the Coalition Government to allow the ship to enter Australian shores in direct violation of both maritime conventions and human rights obligations, and
(iii)
the majority of the refugees, including children, were detained indefinitely on Nauru, as part of the Coalition’s ‘Pacific Solution’; and
(b)
calls on the Government, as part of the inquiry into immigration detention in Australia, to look into the psychological harm mandatory detention has caused children and their families as a matter of urgency.

Senator Wong to move on the next day of sitting:

That the following matters be referred to the Rural and Regional Affairs and Transport Committee for urgent inquiry and report by 30 September 2008:
(a)
the urgent situation facing the Coorong and Lower Lakes, and options for both immediate and long-term responses to prevent acidification and enable sustainable management of these sites;
(b)
options and issues associated with the sourcing and delivery of water to the Coorong and Lower Lakes, including:
(i)
the availability of water in the Murray-Darling Basin and its potential to be redirected to the Coorong and Lower Lakes, including likely transmission losses and arrangements needed to ensure effective delivery of any water,
(ii)
any potential impacts of such redirection on communities in the basin, including Adelaide, and regional economies and communities,
(iii)
the relevance and significance of other priority environmental needs for environmental water in the basin, including in relation to identified icon sites and other Ramsar wetlands,
(iv)
the purchase of water on the permanent and temporary markets,
(v)
possible financial incentive schemes to enable a one-off donation by irrigators and/or state governments,
(vi)
any legislative or regulatory impediments to implementing available options, including the current 4 per cent limit of permanent water trade out of irrigation districts, and
(vii)
likely availability of water into the future, including the impact of climate change on the long-term Coorong and Lower Lakes environment; and
(c)
any other related matters.

Senators Bernardi, Birmingham, Ferguson, Fisher andMinchin to move on the next day of sitting:

That there be laid on the table, no later than noon on Thursday, 28 August 2008, the ‘urgent advice’ prepared for the Minister for Climate Change and Water by her department as requested on 18 June 2008 on ‘what we can do in the short-term’ to address the dire situation confronting the Coorong and Lower Lakes in South Australia.

Senator Minchin to move on the next day of sitting:

That the Senate—
(a)
records its deep regret and sadness at the death of Signaller Sean McCarthy who died as part of a roadside bomb attack in Afghanistan on 8 July 2008;
(b)
commends his loyal and dedicated service to the Australian Defence Force since 2001, including a tour to East Timor and two tours to Afghanistan; and
(c)
expresses its sincere condolences to Signaller McCarthy’s parents, sisters and all loved ones for their tragic loss.

Senator Siewert to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
that the week beginning 24 August 2008 is National Hearing Awareness Week, and the theme for 2008 is ‘one in six’, which highlights the fact that around 3.55 million Australians experience some form of hearing impairment,
(ii)
threats to the hearing of younger people, for whom the major cause of hearing loss is recreational activities, particularly the misuse of ear phones,
(iii)
the continuing risk to hearing in industrial workplaces, farming activities, and from the use of do-it-yourself electrical equipment in the home,
(iv)
measures emerging in Europe to address volume control of personal sound systems and to limit noise in public venues frequented by young people,
(v)
the need for more research to increase public knowledge and awareness of these issues, and
(vi)
the absence of legislation to better protect the hearing of young Australians; and
(b)
calls on the Government to further investigate the need for national legislation to address these important hearing issues.

Senator Milne to move on the next day of sitting:

That there be laid on the table, no later than 4 pm on 28 August 2008, the report prepared for the Federal Government by Dr Michael Herzfeld, a Coastal Environmental Modeller with the Marine and Atmospheric Research section of the Commonwealth Scientific and Industrial Research Organisation in conjunction with the Gunns Pulp Mill Independent Expert Group on the potential marine impact of effluent from the Gunns pulp mill.

Senator Crossin to move on the next day of sitting:

That the time for the presentation of the report of the Legal and Constitutional Affairs Committee on the provisions of the Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 be extended to 28 August 2008.

Senator Ludwig to move on the next day of sitting:

That consideration of the business before the Senate on the following days be interrupted at 5 pm, but not so as to interrupt a senator speaking, to enable senators to make their first speeches without any question before the chair, as follows:
(a)
Wednesday, 27 August 2008—Senators Pratt, Xenophon and Bilyk;
(b)
Monday, 1 September 2008—Senators Cameron, Hanson-Young and Feeney;
(c)
Tuesday, 2 September 2008—Senators Furner and Cash;
(d)
Wednesday, 3 September 2008—Senators Farrell and Arbib;
(e)
Monday, 15 September 2008—Senators Williams and Kroger; and
(f)
Tuesday, 16 September 2008—Senators Ryan and Ludlam.

4:34 pm

Photo of Steve FieldingSteve Fielding (Victoria, Family First Party) Share this | | Hansard source

I give notice that on the next sitting day, I shall move:

That the Senate:

(a)
Four years ago, more than 100 fishermen in Queensland were deemed criminals by the Federal Government for innocently dropping a fishing line in water which is part of the Great Barrier Reef Marine Park. These fishermen had a criminal conviction recorded against them and were fined $2500 each.
(b)
These fishermen are your ‘average Joes’. They’re recreational fishermen; granddads taking their kids fishing or group of mates in a ‘tinnie’. What they have done, usually through ignorance or a lack of navigation skills, is simply drop a line in the wrong place, which does not warrant a criminal conviction.
(c)
Two years ago the Federal Government admitted it was wrong to give criminal convictions and downgraded the offence to an infringement, with an $1100 fine and no criminal conviction. However, the more than 100 fishermen originally convicted still have a criminal conviction recorded against their name.
(d)
Having a criminal record can seriously damage a person’s life. You’re deemed in the eyes of the law to be a criminal which can make it impossible to get a job, insurance or a home loan. You can’t travel to certain countries and can’t get a licence for occupations like being a real estate agent or publican. Every government form requires you to declare if you have a criminal conviction.
The Senate calls on the Federal Government to fix this mess by making sure these fishermen are given a pardon and do not have the permanent stain of a criminal record to their names.

Photo of Alan FergusonAlan Ferguson (SA, Deputy-President) Share this | | Hansard source

Madam Acting Deputy President, I rise on a point of order. Without wishing to detract from the importance of the issue that Senator Fielding raised, I think you should look carefully at that notice of motion because I do not believe it conforms to the type of wording that we would normally associate with a notice of motion. In fact, it almost included debating issues.

Photo of Claire MooreClaire Moore (Queensland, Australian Labor Party) Share this | | Hansard source

Senator Ferguson, we will refer Senator Fielding’s notice of motion to the President for consideration and report back.

The amended notice of motion read as follows—

That the Senate:
(a)
notes that:
(i)
4 years ago more than 100 fishermen in Queensland had criminal convictions recorded against them and were each fined $2 500 for innocently dropping a fishing line in water which is part of the Great Barrier Reef Marine Park, and
(ii)
2 years ago the Federal Government downgraded the offence to an infringement with a $1 100 fine and no criminal conviction, however, the fishermen still have a criminal conviction recorded against their name; and
(b)
calls on the Federal Government to fix this anomaly by making sure these fishermen are given a pardon and do not have the permanent stain of a criminal record to their names.

Notice amended by Mr President pursuant to standing order 76.

Senator Siewert to move on 28 August 2008:

That the following bill be introduced: A Bill for an Act to repeal the Building and Construction Industry Improvement Act 2005 and the Building and Construction Industry Improvement (Consequential and Transitional) Act 2005. Building and Construction Industry (Restoring Workplace Rights) Bill 2008.

Senators Hanson-Young, Bob Brown, Siewert and Xenophon to move on the next day of sitting:

(1)
That the following matters be referred to the Rural and Regional Affairs and Transport Committee for inquiry and report no later than 30 September 2008:
(a)
the volume of water which could be provided into the Murray-Darling system to replenish the Lower Lakes and Coorong;
(b)
options for sourcing and delivering this water, including:
(i)
possible incentive and compensation schemes for current water holders who participate in a once-off voluntary contribution of water to this national emergency,
(ii)
alternative options for the acquisition of sufficient water,
(iii)
likely transmission losses and the most efficient and effective strategies to manage the delivery of this water,
(iv)
Commonwealth powers to obtain and deliver water and possible legislative or regulative impediments, and
(v)
assessment of the potential contribution of bringing forward irrigation infrastructure spending under the Council of Australian Governments agreement to deliver water to save the Coorong and Lower Lakes;
(c)
the impact of any water buybacks on rural and regional communities and Adelaide including compensation and structural adjustment; and
(d)
any other related matters.
(2)
That the following matter be referred to the Rural and Regional Affairs and Transport Committee for inquiry and report no later than 4 December 2008:
The implications for the long-term sustainable management of the Murray Darling Basin system, with particular reference to:
(a)
the adequacy of current whole-of-basin governance arrangements under the Intergovernmental Agreement;
(b)
the adequacy of current arrangements in relation to the implementation of the Basin Plan and water sharing arrangements;
(c)
long-term prospects for the management of Ramsar wetlands including the supply of adequate environmental flows;
(d)
the risks to the basin posed by unregulated water interception activities and water theft;
(e)
the ability of the Commonwealth to bind state and territory governments to meet their obligations under the National Water Initiative;
(f)
the adequacy of existing state and territory water and natural resource management legislation and enforcement arrangements; and
(g)
the impacts of climate change on the likely future availability of water.

Senator Siewert to move on 1 September 2008:

That the following bill be introduced: A Bill for an Act to prohibit the addition of synthetic trans fatty acids to food, and for related purposes. Food Safety (Trans Fats) Bill 2008.

Senator Bob Brown to move on the next day of sitting:

That the Senate—
(a)
recognises that the desalination plant planned for Victoria’s Bass Coast near Phillip Island:
(i)
will produce 1.4 million tonnes of greenhouse gases annually during construction and a further 1.2 million tonnes annually during operation,
(ii)
will discharge 280 billion litres of saline concentrate effluent into the ocean annually,
(iii)
may adversely affect several nationally protected species including the orange-bellied parrot, the growling grass frog and the giant Gippsland earthworm, and
(iv)
may damage the rocky reef habitat directly off the proposed plant site and Aboriginal artefacts; and
(b)
notes, amongst other options, that the installation of rain water tanks in every Melbourne property would save an estimated 50 billion litres of water a year with no such environmental cost.

Senator Fielding to move on the next day of sitting:

That the Great Barrier Reef Marine Park and Other Legislation Amendment Bill 2008 be referred to the Environment, Communications and the Arts Committee for inquiry and report by 10 November 2008.