by leave—I amend general business notice of motion No. 163 standing in my name and in the name of Senator Lambie and move the motion as amended:

That—

(a) the Senate notes that:

  (i) on 25 November 2016, solicitors on behalf of the Commonwealth Attorney-General filed a Statement of Agreed Facts in the High Court sitting as the Court of Disputed Returns in the matter of Re Rodney Culleton,

  (ii) paragraph 1 of the Statement of Agreed Facts includes the following statement: the Magistrate in convicting Senator Culleton as an absent offender was precluded by section 25 of the Crimes (Sentencing Procedure) Act 1999 (NSW) from making an order for a sentence of imprisonment, and

  (iii) the facts set out above and agreed by solicitors acting on behalf of the Commonwealth Attorney-General were not before the Senate on Monday 7 November 2016 when it considered the motion moved by Senator Brandis to refer the matter to the High Court under section 378 of the Commonwealth Electoral Act 1908;

(b) the Senate calls on the Attorney-General (Senator Brandis) to attend the chamber and clarify this matter; and

I also seek leave to table documents relating to this motion.

Leave granted.

The question is that the motion moved by Senator Culleton, No. 163, be agreed to.