Senate debates

Wednesday, 25 November 2009

Notices

Presentation

Senator Xenophon to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Trade Practices Act 1974 in relation to mergers and acquisitions, and for related purposes. Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009.

Senators Coonan and Barnett to move on the next day of sitting:

That there be laid on the table by the Minister representing the Minister for Health and Ageing, no later than Friday, 4 December 2009, a copy of the Government’s response to all of the recommendations set out in the National Preventative Health Taskforce report, National Preventative Health Strategy.

Senator Heffernan to move on the next day of sitting:

That the time for the presentation of the following final reports of the Select Committee on Agricultural and Related Industries be extended to 30 June 2010:
(a)
food production in Australia; and
(b)
incidence and severity of bushfires across Australia.

Senator Siewert to move on the next day of sitting:

That there be laid on the table by the Minister representing the Minister for Families, Housing, Community Services and Indigenous Affairs (Senator Evans), no later than Friday, 4 December 2009, the complete and unedited transcripts of all four tiers of consultation meetings held under the Northern Territory Emergency Response Redesign Consultation process and any associated documents.

Senator Siewert to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
the failure of the New South Wales Government to establish the Snowy Scientific Committee in a timely fashion prior to the first 5 year review of the Snowy Water Licence, as required by legislation,
(ii)
that a decision on whether to allow environmental water to be released to the Snowy River from Mowamba Weir, in addition to Jindabyne Dam, would require at least 6 months to allow the Snowy Scientific Committee to complete further studies as required, and
(iii)
that a decision to amend the licence to allow environmental water releases via Mowamba Weir as well as Jindabyne Dam made after the finalisation of the Snowy Water Licence review could result in substantial compensation being provided to Snowy Hydro Limited; and
(b)
calls on the Commonwealth Government to insist that the New South Wales Government delay finalisation of the Snowy Water Licence review for at least 6 months, to allow the Snowy Scientific Committee to review the environmental benefits of permitting releases from Mowamba Weir, in order to make a decision on this issue during the time of the review and thus avoid the risk of unnecessary payment of compensation.

Senators Barnett and Fifield to move on the next day of sitting:

That the Senate—
(a)
notes:
(i)
the outstanding contribution volunteers and volunteer supporting organisations make to Australian society, estimated to be worth more than $42 billion per annum,
(ii)
that more than 5.4 million adults (34 per cent of the population) do voluntary work each year, contributing more than 700 million hours annually,
(iii)
that volunteering has benefits of promoting a sense of community belonging, personal fulfilment and professional skills development for those who volunteer, as well as providing services to the community that may otherwise not be provided by government,
(iv)
the sacrificial efforts of volunteers and volunteer organisations throughout Australia is under recognised and undervalued and without them society as we know it would collapse, and
(v)
that International Volunteer Day will be celebrated around the world on 5 December 2009; and
(b)
calls on the Government to continue to recognise and support volunteers and volunteer supporting organisations in our community.

Senator Ludwig to move on the next day of sitting:

That standing orders 120(3) and 122(1) and (2) not apply to the consideration of the Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills.

Senator Ludwig to move on the next day of sitting:

That the government business orders of the day relating to the following bills may be taken together for their remaining stages:
(a)
Personal Property Securities Bill 2009 and Personal Property Securities (Consequential Amendments) Bill 2009; and
(b)
Resale Royalty Right for Visual Artists Bill 2009 and Tax Laws Amendment (Resale Royalty Right for Visual Artists) Bill 2009.

Senator Birmingham to move on the next day of sitting:

That the time for the presentation of the report of the Environment, Communications and the Arts References Committee on the impact of mining operations on the Murray-Darling Basin be extended to 4 December 2009.

Senator Ludwig to move on the next day of sitting:

That—
(1)
On Thursday, 26 November 2009:
(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 12.45 pm till not later than 2 pm shall be government business only, and from not later than 3.45 pm shall be the government business order of the day relating to the Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills;
(d)
divisions may take place after 4.30 pm;
(e)
the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills; and
(f)
if the Senate is sitting at 11 pm, the sitting of the Senate be suspended till 9.30 am on Friday, 27 November 2009.
(2)
On Friday, 27 November 2009:
(a)
the hours of meeting shall be 9.30 am to 5.10 pm; and
(b)
the question for the adjournment of the Senate shall be proposed at 4.30 pm.
(3)
The Senate meet on Monday, 30 November 2009, and that:
(a)
the hours of meeting shall be 10 am to adjournment; and
(b)
the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills.

Senator Ludlam to move on the next day of sitting:

Contingent on any order of the day being read for the consideration of any bill relating to the amendment or repeal of the Commonwealth Radioactive Waste Management Act 2005That consideration of the bill be postponed and made an order of the day for the next day of sitting after the Government:
(a)
introduces legislation restoring transparency, accountability, international best practice scientific processes and procedural fairness including the right of access to appeal mechanisms in any decisions in relation to the siting of any nuclear waste facilities;
(b)
informs the Parliament of specific actions taken to establish a consensual process of site selection; and
(c)
introduces legislation to ensure that any proposal for the siting of a nuclear waste facility on Aboriginal land in the Northern Territory would adhere to the requirements that exist under the Aboriginal Land Rights (Northern Territory) Act 1976.

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

That the Senate notes that Saturday, 28 November 2009 marks the start of the National Year of Action on Marriage Equality and that rallies will be held in capital cities across the country.

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

That the following bill be introduced: A Bill for an Act to abolish the power of the Commonwealth executive government to disallow or amend any Act of the Legislative Assembly of the Australian Capital Territory, and for related purposes. Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth) Bill 2009.

Senator Milne to move on the next day of sitting:

That there be laid on the table, no later than 1 pm on 26 November 2009, Dr Clive Spash’s uncensored and unamended research paper, The brave new world of carbon trading.

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

That the Senate—
(a)
notes the recent passing by the Australian Capital Territory Legislative Assembly of the Civil Partnerships Amendment Bill 2009; and
(b)
congratulates the first couple to hold a legally-recognised ceremony in the Australian Capital Territory, Mr Warren McGaw and Mr Chris Rumble, who on 25 November 2009 celebrated their love and commitment in front of family and friends.

Senators Hanson-Young and Humphries to move on the next day of sitting:

That the Senate recognises the sovereignty of the territory parliaments to legislate within the powers conferred on them by the Federal Parliament, without interference from the Federal Government.

3:42 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 sittings:ACIS Administration Amendment (Application) Bill 2009,Coal Mining Industry (Long Service Leave Funding) Amendment Bill 2009,Customs Tariff Amendment (Incorporation of Proposals) Bill 2009, andForeign Acquisitions and Takeovers Amendment Bill 2009.

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

Leave granted.

The statements read as follows—

ACIS ADMINISTRATION AMENDMENT (APPLICATION) Bill 2009

Purpose of the Bill

The bill amends the commencement date of the ACIS Administration Amendment Act 2009 (the Act) to 1 January 2010.

Reasons for Urgency

The Act provides for a smooth transition to the new Automotive Transformation Scheme (ATS) by repealing ACIS Stage 3 and by providing increased uncapped assistance for persons registered under ACIS as motor vehicle producers from 1 January 2010.

The amendment to the commencement date is necessary to meet the Government’s commitment in A New Car Plan for a Greener Future to ensure a smooth transition to the ATS and to increase uncapped assistance for motor vehicle producers. This change must be in place from 1 January 2010.

COAL MINING INDUSTRY (LONG SERVICE LEAVE FUNDING) AMENDMENT BILL

Purpose of the Bill

The bill amends the Coal Mining Industry (Long Service Leave Funding) Act 1992 (the Funding Act) so that it applies to preserved coal industry long service leave entitlements in the Fair Work Act 2009.

Long service leave entitlements for employees in the black coal mining industry flow from industrial instruments (awards and workplace agreements) and from contracts of employment.  They are based on an employee’s service in the industry, rather than service with a particular employer.  Funding of long service leave entitlements is supported by an industry scheme established by the Funding Act and related legislation.  The Funding Act provides for the reimbursement of employers where they make a payment to an eligible employee in respect of the employee’s entitlement to long service leave. 

From 1 January 2010, the present industry awards prescribing long service leave will be superseded by modern awards under the Fair Work Act 2009 (the FW Act) which are not permitted to include long service leave entitlements.  While long service leave entitlements will be preserved under section 113 of the FW Act after 1 January 2010 they will no longer be award-based.  As a consequence, from 1 January 2010, employers in the black coal mining industry will not be entitled to reimbursement from the Fund in respect of long service payments they make to employees in respect of the preserved entitlements. 

The proposed amendments will ensure that the Funding Act applies to the preserved entitlements in the FW Act.  The proposed amendments would also include a definition of the “black coal mining industry” to align with the scheme with the Modern Award.  That definition will also apply to related legislation, that is, the Coal Mining Industry (Long Service Leave) Payroll Levy Act 1992 and the Coal Mining Industry (Long Service Leave) Payroll Levy Collection Act 1992.

Reasons for Urgency

The bill requires passage in the 2009 Spring sittings as existing arrangements expire on 1 January 2010.

CUSTOMS TARIFF AMENDMENT (INCORPORATION OF PROPOSALS) BILL

Purpose of the Bill

The bill amends the Customs Tariff Act 1995 (the Customs Tariff) to incorporate alterations that were contained in three Customs Tariff Proposals tabled in the House of Representatives during 2009.

These Customs Tariff Proposals are:

  • Customs Tariff Proposal (No. 1) 2009.  This Proposal created a new item 41H in Schedule 4 to the Customs Tariff to provide Free rates of duty for certain goods used in automotive testing and evaluation.  This Proposal was tabled in the House of Representatives on 11 February 2009.
  • Customs Tariff Proposal (No. 2) 2009.  This Proposal increased rates of customs duty for certain alcohol and tobacco products applicable to goods imported under the Australia-Chile Free Trade Agreement.  The Customs Tariff Amendment (Australia-Chile Free Trade Agreement Implementation) Act 2008 gave effect to the Australia-Chile Free Trade Agreement but did not take into account subsequent alterations to the Customs Tariff, as a result of the February 2009 Consumer Price Index increases and increased duty for certain spirit-based alcoholic beverages, known as “ready-to-drink” beverages or “alcopops”.  Customs Tariff Proposal (No. 2) 2009 was tabled in the House of Representative on 25 February 2009 and gave effect to those increases.
  • Customs Tariff Proposal (No. 4) 2009.  This Proposal increased rates of customs duty for certain beer and grape wine products, as a consequence of the August 2009 Consumer Price Index increases.  This Proposal was tabled on 16 September 2009.

When enacted, the Customs Tariff (Incorporation of Proposals) Bill 2009 will amend the Customs Tariff to give legal effect to the alterations contained in the Customs Tariff Proposals.

Reasons for Urgency

Section 226 of the Customs Act 1901 provides protection against legal proceedings for Customs and Border Protection officers for a period of 12 months after the date a customs tariff alteration is proposed.  The expiration of this protection means that any import duty collected during this 12 month period is potentially recoverable by importers.

Customs Tariff Proposal (No. 1) above provides reduced duty rates for goods and is unlikely to be subject to a legal challenge.  The critical Proposal is Customs Tariff Proposal (No. 2) 2009, that was tabled in the House of Representatives on 25 February 2009. 

This Proposal increased rates of duty for certain alcohol and tobacco products imported under the Australia-Chile Free Trade Agreement. 

Should the alterations contained in this Proposal not be incorporated in the Customs Tariff prior to 25 February 2010, additional duty paid before this date may be subject to legal challenge.

Successful passage in 2009 will enable the amended duty rates to be incorporated in the Customs Tariff prior to February 2010 and will provide certainty for importers, as well as the automotive industry.

FOREIGN ACQUISITIONS AND TAKEOVERS AMENDMENT BILL 2009

Purpose of the Bill

The Bill amends the Foreign Acquisitions and Takeovers Act 1975 to clarify that the foreign investment screening regime applies equally to all foreign investments irrespective of the way they are structured.

Reasons for Urgency

On 12 February 2009, the Treasurer announced that the Government will amend the Foreign Acquisitions and Takeovers Act 1975 to clarify the operation of the foreign investment screening regime.  In particular, the amendments will ensure that any investment, including through instruments such as convertible notes, will be treated as equity for the purposes of the Act. 

These amendments will apply retrospectively from the date of the Treasurer’s announcement.  Introduction and passage of this Bill in the 2009 Spring sittings will ensure that the Government has the capacity to examine all investment proposals that could potentially be against Australia’s national interest.  Delaying the passage of this Bill may potentially cause confusion for prospective foreign investors wishing to invest in Australia.