Senator Ludwig to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend various Acts relating to law and justice, and for related purposes. Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Bill 2010.

Senator Ludwig to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Service and Execution of Process Act 1992, and for related purposes. Service and Execution of Process Amendment (Interstate Fine Enforcement) Bill 2010.

Senator Ludwig 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 crimes, and policing, on aircraft and at airports, and for related purposes. Aviation Crimes and Policing Legislation Amendment Bill 2010.

Senator Ludwig to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend various Acts relating to the enforcement of the criminal law, and for other purposes. Crimes Legislation Amendment Bill 2010.

Senator Farrell to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the Water Efficiency Labelling and Standards Act 2005, and for related purposes. Water Efficiency Labelling and Standards Amendment Bill 2010.

Senator Carr to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the law in relation to measurement, and for related purposes. National Measurement Amendment Bill 2010.

Senator Kroger to move on the next day of sitting:

That the Extradition (United Arab Emirates) Regulations 2010, as contained in Select Legislative Instrument 2010 No. 36 and made under the Extradition Act 1988, be disallowed.

Fifteen sitting days remain, including today, to resolve the motion or the instrument will be deemed to have been disallowed. (to be resolved on the 1st sitting day in 2010)

Senator Siewert to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

Australia and the world appear to have failed to meet the 2010 biodiversity target to achieve a significant reduction in the rate of biodiversity loss,

(ii)

on Wednesday, 22 September 2010 United Nations Secretary-General Ban Ki-moon implored the world’s leaders to commit to reversing the alarming rate of biodiversity loss before it is too late, and

(iii)

the tenth meeting of the Conference of the Parties to the Convention on Biological Diversity (COP 10) will take place in Nagoya, Japan from 18 October to 29 October 2010; and

(b)

calls on the Australian Government to:

(i)

push for ambitious measurable and time-bound biodiversity targets at COP10, and

(ii)

support the target of halting the loss, degradation and fragmentation of natural habitats by 2020 and a ten-fold increase in capacity (human resources and financing) for implementing COP 10.

Senator Siewert to move on the next day of sitting:

That the Senate—

(a)

notes that the week of 17 October to 23 October 2010 is National Carers Week and the theme for 2010 is ‘Anyone, Anytime can become a carer’ reflecting the unexpected and indiscriminate nature of the caring role and particularly how it can impact upon people at any life stage;

(b)

acknowledges that across Australia carers are providing unpaid care and support for family members or friends with a disability, mental illness or disorder, chronic condition, terminal illness or who are frail;

(c)

recognises that unpaid family carers come from all walks of life, that their experiences and needs are diverse and that they can come into their caring responsibilities at any stage throughout their life;

(d)

acknowledges the 2.6 million unpaid family carers who provide a vital contribution to Australian society; and

(e)

recognises that more needs to be done to support the role of carers in our community.

Senator Xenophon to move on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting: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 on the next day of sitting 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 Xenophon to move on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 Cormann to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the Henry Tax Review made a number of recommendations in relation to superannuation,

(ii)

those recommendations were not adopted by either the Rudd or Gillard governments which pursued proposals criticised in the context of the Henry Tax Review,

(iii)

the Government so far has not released any of the Treasury modelling or other relevant information and advice about the impact of those Henry Tax Review recommendations, and

(iv)

release of that information is in the public interest to enable a fully informed community discussion about the best way forward for superannuation;

(b)

calls on the Government to honour its stated commitment to openness and transparency and release all the information it holds about the Henry Tax Review recommendations on superannuation forthwith; and

(c)

orders that there be laid on the table by noon on Thursday, 30 September 2010:

(i)

any modelling, assessments or advice generated on superannuation-related issues for the purposes of the Henry Tax Review before it finalised its report and recommendations,

(ii)

any Treasury modelling, assessments and advice to the Government about the impact of the Henry Tax Review’s recommendations on superannuation, and

(iii)

any other information held by the Government about the superannuation-related recommendations in the Henry Tax Review.

Senator Cormann to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the Government continues to hide key assumptions it has used to estimate revenue from its original as well as its revised mining tax proposals,

(ii)

since the last sitting of the Senate, the Select Committee on Fuel and Energy repeatedly sought information from the Government about changes it made to those assumptions between the 2010-11 Budget and the announcement of the new proposed mining tax arrangements on 2 July 2010,

(iii)

the committee specifically sought information about changes to commodity price, production volume, exchange rate assumptions and any other variables relevant to its mining tax revenue estimates,

(iv)

the information sought by the committee is published by the Western Australian State Government in its budget papers as a matter of course,

(v)

the Government did not allow the Secretary of the Department of the Treasury (Dr Henry) to provide that information even when he appeared before the committee for a second time on 13 July 2010,

(vi)

the Prime Minister (Ms Gillard) to this day has not responded to Senator Cormann’s letter, dated 12 July 2010, asking for this information to be released,

(vii)

the Treasurer (Mr Swan) has since conceded that:

(a)

under the revised assumptions, the original Resource Super Profits Tax (RSPT) proposal would have raised approximately $24 billion over the forward estimates rather than the $12 billion revenue estimate contained in the Budget,

(b)

a massive $6 billion out of the $10.5 billion revised mining tax revenue estimate was based on changes to government assumptions, and

(c)

under the original assumptions the Mineral Resource Rent Tax (MRRT) or expanded Petroleum Resource Rent Tax (PRRT) would only have raised $4 billion over the forward estimates, and

(viii)

the release of all relevant government assumptions is necessary to enable proper scrutiny of the Government’s mining tax proposal and that, as such, release of that information is in the public interest;

(b)

calls on the Government to honour its stated commitment to openness and transparency and release all the information it holds about mining tax revenue estimates forthwith; and

(c)

orders that there be laid on the table by noon on Thursday, 30 September 2010 all the Government’s assumptions used to estimate:

(i)

the revenue from the RSPT as contained in the 2010-11 Budget, including but not limited to, the assumptions on commodity prices, production volumes and exchange rates, and

(ii)

the revenue from and overall fiscal impact of the MRRT/expanded PRRT arrangement announced on 2 July 2010, including all changes to assumptions used for the 2010-11 Budget.

Senator Cormann to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the Government conducted negotiations about its revised mining tax with BHP Biliton, Rio Tinto and Xstrata in secret before entering into an agreement about this new mining tax proposal with those three companies only,

(ii)

approximately 99 per cent of the mining industry was excluded from those secret mining tax negotiations, and

(iii)

in its haste to reach a new deal quickly, the Government gave those three companies an unfair competitive advantage, including by:

(a)

allowing them to directly influence the ultimate design of the new tax while excluding their competitors,

(b)

using data provided by those three companies on commodity prices, production volumes and other key assumptions, and

(c)

giving them preferential access to inside information about Government assumptions and thought processes around the new tax;

(b)

considers that:

(i)

information made available by the Government to those three companies should be made available to everyone,

(ii)

any data provided by those three companies for use in any Treasury modelling of the revised mining tax proposals should be publicly released, and

(iii)

all parts of any agreement between the Government and those three companies, about the revised mining tax arrangements, including any schedules and other attachments, should be publicly available; and

(c)

orders that there be laid on the table by noon on Thursday, 30 September 2010:

(i)

any information held by the Government related to the negotiations and agreement about the new mining tax proposal announced on 2 July 2010, including but not limited to, briefing notes, e-mails, data provided to the Government by BHP Biliton, Rio Tinto and Xstrata and any other information generated in the context of the negotiations about the new mining tax proposal, and

(ii)

a copy of the signed heads-of-agreement on the new mining tax proposal between the Government and BHP Biliton, Rio Tinto and Xstrata.

Senator Cormann to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

the executive director of the Revenue Group in the Department of the Treasury (Mr David Parker), told the Select Committee on Fuel and Energy on 5 July 2010 that the department:

(a)

had assessed where the $10.5 billion estimated revenue from the revised mining tax was expected to come from ‘by commodity’, and

(b)

had not assessed where that revenue would come from on a state-by-state basis, but that ‘it would not be a difficult piece of analysis to do’,

(ii)

despite repeated requests since, the Government has refused to provide that information,

(iii)

this information is required to properly assess and scrutinise the impact of the proposed mining tax on the economy, jobs and on individual states and territories and individual sectors of the resources industry,

(iv)

furthermore, the Rudd and Gillard Governments made a commitment that funding from the mining tax related ‘infrastructure fund’ would be allocated to individual states and territories based on the level of mining tax revenue raised in those jurisdictions, and

(v)

as such, information about where the revenue is expected to come from on a state-by-state and territory basis is necessary to properly scrutinise whether, and ensure that, individual jurisdictions would receive a fair share of funding from that fund; and

(b)

orders that there be laid on the table by noon on Thursday, 30 September 2010:

(i)

Government estimates of where the $12 billion in revenue from the Resource Super Profits Tax was expected to come from by commodity and by state and territory, and

(ii)

Government estimates of where the $10.5 billion in revenue from the Minerals Resource Rent Tax/expanded Petroleum Resource Rent Tax is expected to come from by commodity and by state and territory.

Senator Xenophon to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to put in place interim measures to regulate the rate of poker machine losses. Poker Machine (Reduced Losses—Interim Measures) Bill 2010.

Senator Ludlam to move on the next day of sitting:

That the Senate—

(a)

notes that:

(i)

29 September is International Radioactive Waste Action Day,

(ii)

locating domestically produced nuclear waste at Muckaty Station in the Northern Territory is highly contested by traditional owners, is currently being challenged in the Federal Court and is inappropriate due to under and above ground water movements and high seismic activity in the region,

(iii)

winning public confidence and social licence is internationally recognised as essential for successful and sustainable waste management, as noted by the International Atomic Energy Agency [IAEA], the Organisation for Economic Co-operation and Development [OECD], the International Commission on Radiological Protection [ICRP], the European Union, and the United Kingdom and Japanese governments, and

(iv)

above ground, dry storage of radioactive waste at or near the site of origin is recognised as providing access for routine monitoring, repair of leakages and responsible isolation from the water table and environment; and

(b)

calls on the Australian Government to:

(i)

abandon proposals to dump radioactive waste at Muckaty Station, and

(ii)

establish a process for identifying suitable sites, transport and storage of Australia’s radioactive waste that is consistent with international best practice scientific processes, and that is transparent, accountable, fair, allowing access to appeal mechanisms and full community consultation.

Senator Fielding to move on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Joyce to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 Abetz to move on the next day of sitting 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 on the next day of sitting 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 on the next day of sitting 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