Senate debates

Wednesday, 16 September 2009

Notices

Presentation

Senator Heffernan to move on the next day of sitting:

That the report of the Select Committee on Agricultural and Related Industries on the incidence and severity of bushfires across Australia be presented by 26 November 2009.

Senator Cormann to move on the next day of sitting:

That the resolution of the Senate of 25 June 2008, as amended, appointing the Select Committee on Fuel and Energy, be amended to omit “21 October 2009”, and substitute “30 March 2010”.

Senator Boswell to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Renewable Energy (Electricity) Act 2000 in connection with food processing activities. Renewable Energy (Food Processing Activities) Amendment Bill 2009.

Senator Cormann to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
World Alzheimer’s Day, 21 September, is a day when organisations around the globe unite in their efforts to raise awareness about the disease and its impact on our families, communities and nations,
(ii)
in 2010 the first baby boomers will turn 65 years and by 2020 there will be an estimated 75 000 baby boomers with dementia,
(iii)
the prevalence of dementia in Australia is projected to increase from 245 000 today to more than 1.1 million by 2050,
(iv)
dementia will have a dramatic impact on health and care costs, with dementia likely to outstrip any other health condition by the 2060s,
(v)
in 2005 Australia was the first nation to adopt dementia as a national health priority by implementing the ‘Dementia Initiative – making Dementia a National Health Priority’ with bipartisan support, and
(vi)
in 2010 the Government will determine Australian dementia funding priorities for the next 5 years; and
(b)
calls on the Government to:
(i)
continue the Dementia Initiative and to support the promotion of  prevention, early intervention and diagnosis of dementia, to improve access to community and residential care services and to support dementia research, and
(ii)
adopt the twin objectives of a national strategy to improve the provision of quality dementia care for all Australians and to reduce the prevalence and incidence of dementia in the future.

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

That the Senate—
(a)
notes that:
(i)
Saturday, 19 September 2009 is National Babies Day,
(ii)
this day is about remembering the babies who passed away too soon and celebrating the lives of healthy babies across Australia, and
(iii)
1 in 4 pregnancies end in miscarriage or stillbirth;
(b)
recognises the great work of the Bonnie Babes Foundation in providing, among other things:
(i)
much needed support and counselling to families struggling with the loss of a baby through miscarriage, stillbirth or prematurity, and
(ii)
medical equipment to hospitals for premature babies; and
(c)
calls on the Government to work closely with organisations such as the Bonnie Babes Foundation in assisting with vital medical research projects into pregnancy loss and complications to women’s health during and following pregnancy.

Senator Fielding to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to ensure that families of Australians reported missing overseas are given essential help and information, and for related purposes. Britt Lapthorne Bill 2009.

Senators Moore and Humphries to move on the next day of sitting:

That the Senate—
(a)
notes that:
(i)
the right to life is a fundamental human right recognised in:
(a)
the Universal Declaration of Human Rights, and
(b)
the International Covenant on Civil and Political Rights,
(ii)
respect for human life and dignity are values common to all Australians,
(iii)
abhorrence of the death penalty is a fundamental value in Australian society, and
(iv)
Australia is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which is aimed at the universal abolition of the death penalty; and
(b)
calls on all governments to follow the example recently set by Uzbekistan, Argentina and Togo and immediately cease all executions.

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

That the Senate—
(a)
notes that:
(i)
the Socialist Republic of Vietnam continues to apply the death penalty, with at least 19 reported executions in 2008 alone,
(ii)
the right to life is a fundamental human right recognised in:
(a)
the Universal Declaration of Human Rights, to which both Australia and Vietnam are parties, and
(b)
the International Covenant on Civil and Political Rights, to which both Australia and Vietnam are parties,
(iii)
respect for human life and dignity are values common to Australia and Vietnam,
(iv)
abhorrence of the death penalty is a fundamental value in Australian society, and
(v)
Australia is a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, which is aimed at the universal abolition of the death penalty; and
(b)
calls on the Government of the Socialist Republic of Vietnam to follow the example recently set by Uzbekistan and Argentina and immediately cease all executions and waive the death sentences of some 59 prisoners currently awaiting execution.

Senator Siewert to move on the next day of sitting:

That the Senate—
(a)
notes the intention of the Government to hold an inquiry into the Montara oil spill; and
(b)
calls on the Government to ensure that the terms of reference for the inquiry include:
(i)
the resource management implications of the oil spill,
(ii)
the environmental impact and potential impact of the oil spill,
(iii)
an assessment of the management and effectiveness of responses to the oil spill, including coordination across the Commonwealth Government and across jurisdictions,
(iv)
the provision and accessibility of relevant information to affected stakeholders and the public, and
(v)
other related matters.

Senator Milne to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to introduce an emissions intensity cap and building efficiency certificate trading scheme for non-residential buildings to provide an economic incentive for investment in energy efficiency, and for related purposes. Safe Climate (Energy Efficient Non-Residential Buildings Scheme) Bill 2009.

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

That the Senate—
(a)
notes the effort by the President of the United States of America (US), Barack Obama, and his administration to ensure all US citizens have access to affordable health care; and
(b)
commends this course as one Australia has long since undertaken with success and sends assurances to our trans-Pacific neighbours that since Australia adopted universal health care in 1984:
(i)
life expectancy for males has increased from 72.6 to 79.1 years and for females from 78.7 to 83.5 years,
(ii)
spending on health care has increased from 0.99 per cent of gross domestic product to 1.19 per cent in the 2008-09 financial year, or from 3.5 per cent of outlays to 4.4 per cent, and
(iii)
lives have been saved and suffering reduced in Australia.

Senator Ludlam to move on the next day of sitting:

That the Senate—
(a)
notes that the United Nations Security Council will hold a summit on nuclear non-proliferation and disarmament on 24 September 2009 with the President of the United States of America, Barack Obama, presiding; and
(b)
calls on the Government to:
(i)
seize the opportunity presented by participating in the debate,
(ii)
welcome the recent renewed optimism for a world free of nuclear weapons as expressed by the leaders of some nuclear weapons states,
(iii)
affirm the commitment made at the 2000 Nuclear Non-proliferation Treaty [NPT] Review Conference to the diminishing role of nuclear weapons in security policies, and
(iv)
urge all states possessing nuclear weapons to concrete and substantive action towards the elimination of their nuclear arsenals.

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

That the Senate—
(a)
rejects the assertion by the Queensland Premier, Ms Anna Bligh, that the proposed Traveston Crossing Dam will save threatened species like the Mary River cod, Mary River turtle and Australian lungfish from farmer-induced extinction;
(b)
recognises that, to the contrary, the Traveston Crossing Dam presents real threats to these species and others and to the farmlands in question; and
(c)
calls on the Minister for the Environment, Heritage and the Arts (Mr Garrett) to reject the Premier’s crude and misinformed assessment.

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

That, following the sightings of a flock of swift parrots feeding in the forests of southeast New South Wales surrounding Bermagui, the Senate calls on the Minister for the Environment, Heritage and the Arts (Mr Garrett) to assess the status of these forests as swift parrot habitats and advise Forests NSW accordingly of any need to protect this vital habitat.

3:36 pm

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

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

That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills allowing them to be considered during this period of sittingsCustoms Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009Customs Tariff Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009, andForeign States Immunities Amendment Bill 2009

I also table a statement of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statement incorporated in Hansard.

Leave granted.

The statement read as follows—

Customs Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009

Customs Tariff Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009

Purpose of the Bills

The bills amend the Customs Act 1901 to define ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) originating goods, and to amend the Customs Tariff Act 1995 to provide preferential tariffs for AANZFTA originating goods.  These amendments implement relevant parts of the ASEAN-Australia-New Zealand Free Trade Agreement.

Reason for Urgency

The AANZFTA was signed by the Minister for Trade, the Hon Simon Crean MP, and his counterpart Ministers from ASEAN countries and New Zealand on 27 February.  The agreement was tabled in Parliament on 16 March and referred to the Joint Standing Committee on Treaties, which recommended that binding treaty action be taken in its report tabled in June 2009 (Report 102).

The AANZFTA will enter into force 60 days after Australia, New Zealand and at least four ASEAN countries have notified other Parties that they have completed their respective internal processes for ratification of the agreement.  New Zealand and Singapore have notified AANZFTA Parties of completion of their internal processes and ratification by several ASEAN countries is at an advanced stage.

AANZFTA Parties are aiming to have the agreement enter into force by 1 January 2010.

Passage of the bills is sought in the Spring Sittings 2009 in order to give legislative effect to Australia’s obligations under AANZFTA and thereby complete Australia’s internal processes for ratification of the agreement.  Passage of the bills in September will ensure that Australia can submit its notification in a timely manner.

Expeditious completion of Australia’s internal processes will also maintain pressure on ASEAN countries to meet the target date of 1 January 2010 for entry into force of AANZFTA and ensure that the economic benefits of the agreement can be obtained for Australian exporters from that date.

Foreign States Immunities Amendment Bill 2009

Purpose of the Bill

The bill amends the Foreign States Immunities Act 1985 (the Act) to permit the Governor-General to modify the application of the Act to foreign States assisting the Government of the Commonwealth or of a State or Territory with a natural disaster or other domestic emergency. 

The Act governs the immunity of foreign States from the jurisdiction of Australian courts.  Section 9 of the Act states that, except as otherwise provided under the Act, a foreign State is immune from the civil jurisdiction of Australian courts.  Section 13 of the Act provides that a foreign State is not immune in proceedings concerning death, personal injury or property damage arising from acts or omissions done in Australia. 

The States and Territories are negotiating an agreement with the United States of America for the exchange of fire suppression resources, including fire fighters.  The United States requires the agreement to include a clause granting the sending State immunity from tort proceedings arising from the actions of its fire fighters while in the course of duties.  Without such immunity, the United States has indicated that it will not send fire fighters to assist the States and Territories in the upcoming bushfire season.  

The bill amends the Act to permit this immunity to be granted to the United States.

Reasons for Urgency

The bill needs to be introduced and passed in the Spring Sittings to amend the Act in time for the States and Territories to finalise arrangements with the United States prior to the upcoming bushfire season.