Senate debates

Friday, 26 November 2010

Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010

Third Reading

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

The question now is that the remaining stages of this bill be agreed to and that the bill be now passed.

12:13 pm

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

I seek leave to move an amendment to the motion.

Leave not granted.

I move:

That so much of the standing orders be suspended as would prevent me from moving—

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

Order! The time for debate has expired so you cannot debate the motion to suspend standing orders, Senator Fisher. I can put the question but you cannot debate it. I understand that you are moving that so much of standing orders be suspended?

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

Yes, to enable me to put this motion that the NBN be referred to a Senate committee in terms of the motion as circulated.

Photo of Gavin MarshallGavin Marshall (Victoria, Australian Labor Party) Share this | | Hansard source

She has mucked it up, George!

Question put:

That the motion (Senator Fisher’s) be agreed to.

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

I will now put the question that the remaining stages of the bill be agreed to and that the bill be now passed.

12:22 pm

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

I seek leave to make a short statement.

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

Leave is granted for two minutes.

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

I thank the chamber. Leave is sought ultimately to put the motion to refer, to the Senate Standing Committee on Environment and Communications, the National Broadband Network for inquiry, commencing as soon as that committee so wishes and reporting during August next year—designed to dovetail with the joint parliamentary committee that the Prime Minister seems to have promised Senator Xenophon.

The trouble for Senator Xenophon and his deal is that all that he has is a letter from the Prime Minister about the joint parliamentary committee. And all that that letter does is to make it very clear that the joint parliamentary committee is not established yet—there is nothing from the House establishing it. It will have a majority of government members, leaving the opposition and Independent members to split the spoils. Government members will decide the terms of reference. It will not start work until July next year. It will be able to hear from members of parliament, so it will become a parade ground for government members peddling the government’s NBN propaganda.

In an effort to cover the rear, I understand that Minister Wong has been deep in discussions with the Independents and is attempting to reassure them that something will be done to this committee—

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

You have two minutes.

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

which does not exist yet because there is nothing formally from the House establishing it—

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

I said two minutes.

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

to equal up the numbers of this committee and ensure that it is able to inquire into the National Broadband Network in an appropriate way, and to make it so that members of parliament are not invited to give evidence, which, of course, is the height of hypocrisy, given that this government refused to allow that to happen to the Senate committee inquiring into the botched and bungled Home Insulation Program. So I wish to put my motion, to establish that inquiry, to operate, as it were—

Government Senators:

Time! Time!

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

Order! I do not need advice from my right.

Photo of Mary FisherMary Fisher (SA, Liberal Party) Share this | | Hansard source

as a tag team, and— (Time expired)

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

I am now going to put the motion that the remaining stages of the bill be agreed to and that the bill be now passed.

12:24 pm

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Mr Deputy President, I seek leave, pursuant to contingent notice of motion No. 3 standing in the name of Senator Abetz, to move:

That so much of standing orders be suspended as would prevent the further consideration of the bill until 4 pm.

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

You cannot debate the issue. If you are seeking to suspend standing orders, I can put the motion, but it must be put immediately.

Leave not granted.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

I move:

That so much of standing orders be suspended as would prevent me from putting that motion forthwith.

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

I must put that question. The question is that the motion moved by Senator Brandis be agreed to.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

On a point of order, Mr Deputy President, I seek your ruling on this: the impact of Senator Brandis’s motion is to again test the Senate on a proposition he has already put to the Senate that has been defeated.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

On the point of order: it is a different proposition. The earlier motion was an extension of the committee stage. This seeks an extension of the further consideration of the bill, the committee stage having now concluded.

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

I shall seek some advice. I put the question again: the question is that Senator Brandis’s motion to suspend standing orders be agreed to.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I presume you have ruled now, Mr Deputy President.

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

I am ruling that it is a different stage of the bill. I took advice because I was not sure myself.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

You need to tell us what the decision is.

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

The decision is that it is a different matter and it is at a different stage of the bill.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

How many salamis do they get to slice?

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

Senator Conroy, you are not helping matters at all. I needed to take advice, and I took advice. I am now putting the question that Senator Brandis has moved: that standing orders be suspended.

Question put.

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

The question now is that the remaining stages of this bill be agreed to and that the bill be now passed.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

Mr Deputy President, I raise a point of order and almost a matter of privilege. I understand that the vote on that last motion was determined on the basis of an undertaking given by a government minister to two senators and it was as a result of that undertaking that they voted in a certain way. I raise this almost as a matter of privilege.

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

I am afraid that you can speak to a point of order—

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Senator Conroy interjecting

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

Order! Senator Conroy, I am directing my remarks to Senator Macdonald, and I ask you to remain silent. Senator Macdonald, you cannot speak about a matter of privilege. You can raise a point of order if you like.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | | Hansard source

I am raising this as a point of order. The point of order is this: if Senator Wong is making an undertaking to two senators she should get up in this chamber and make the same undertaking to everybody.

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

You are debating the issue, Senator Macdonald, and there is no point of order. The question is that the remaining stages of this bill be agreed to and that the bill be now passed.

Question put.

Bill read a third time.

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

Order! I would remind those in the gallery that they should remain silent while they are in the gallery. Order! Senator Brown, you are not in your seat and you will not get the call.

Photo of Bob BrownBob Brown (Tasmania, Australian Greens) Share this | | Hansard source

Mr Deputy President, I rise on a point of order. I think that a little bit of Christmas cheer towards the public at this time of year would go a long way.

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

Senator Brown, there is no point of order.