Senate debates Bills

Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011, Social Security Amendment (Student Income Support Reforms) Bill 2011; Second Reading


Debate resumed on the motion:

That these bills be now read a second time.

John Hogg

John Hogg President

In respect of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011, the question is that item 1 of schedule 2 stand as printed. That is opposition amendment (1) on sheet 7086.

Opposition's circulated amendment—

(1)   Schedule 2, item 1, page 4 (lines 5 to 10), item TO BE OPPOSED.

The Senate divided. [14:01]

(The President—Senator Hogg)

Question agreed to.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

Mr President, I raise a point of order. On the human rights bill, you said, 'These are Senator Brandis's amendments'—

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

'all in favour say aye,' and you called it for the ayes.

John Hogg

John Hogg President

I did not use any person's name at all in that. That was the question on opposition to clauses—and I called it for the ayes. That is the correct call. I do not use people's—

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

If you didn't use 'Senator Brandis', you used 'these are the opposition amendments'.

John Hogg

John Hogg President

No, at the end I said they were opposition (4) and (5) on sheet 7139 and opposition (2) and (4) on 7140. I read the sheet as it has been prepared and I did not digress from it.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

But didn't you say, 'The ayes have it'? They were passed.

John Hogg

John Hogg President

Yes—the amendments were passed? The question was that the clauses stand as printed. When the government vote in favour, the clause stands as printed, and the opposition amendments fail. That has been, since time immemorial, the way in which these questions have been put.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

Mr President, could I ask you, then, to check with the Clerk on how you have recorded the vote on the bill itself once you dealt with the amendments?

John Hogg

John Hogg President

The question on the bill, Senator Macdonald, was quite different. The question on the bill, once we had disposed of the amendments, was 'that the remaining stages of these bills be agreed to and the bills be now passed', so it was a completely different question. I put the question and I called it properly for the ayes.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

Didn't it record that I voted against the bills on the failure of the amendments?

Government senators interjecting

Mr President, for this rabble over on the other side who have no idea about parliamentary procedures: there has been some confusion—

John Hogg

John Hogg President

Senator, can I advise you that the questions that have been put have been put in the same way as questions have been put to other meetings of the Senate where similar matters have been considered, since time immemorial. There is no change to the practice. I can assure you of that.

Honourable senators interjecting

Order! Just excuse me, Senator Macdonald. I am entitled to hear Senator Macdonald. He is entitled to be heard in silence.

Ian Macdonald

Ian Macdonald Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia

Can I ask you to review the video of these hearings because—

Government senators interjecting

You people have no interest in parliamentary democracy. At least you could shut up. Mr President, can I ask you to review that? As I heard you, I thought you said, 'Senator Brandis's amendment, all those in favour'. That is why I voted yes. I would have voted no had I understood the way you were calling it.

John Hogg

John Hogg President

Senator Macdonald, all I can say is you have not understood the way in which these matters have been put previously. I have been consistent with previous practice in this parliament, and I am getting nods on both sides of the chamber. I do not think there is any problem there.

The question now is that the remaining stages of the Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2011 and the Social Security Amendment (Student Income Support Reforms) Bill 2011 be agreed to and the bills be now passed.

Question agreed to.

Bills read a third time.