Malcolm Roberts (Queensland, Pauline Hanson's One Nation Party) Share this | Link to this | Hansard source

I've explained my amendment, so I don't need to again. I move my amendment on sheet 3479:

(1) Schedule 1, item 5, page 5 (after line 16), at the end of section 333X, add:

Exclusions

(7) Despite subsection (1), this section does not apply if the child:

(a) is stillborn because of an intentional termination (other than by child-birth) of a pregnancy; or

(b) dies because of an intentional termination (other than by child-birth) of a pregnancy (whether the death occurs before, during or after delivery).

Note: An intentional termination of pregnancy includes, for example, a medical termination involving the administration of a drug.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that amendment (1) on sheet 3479 be agreed to.

Alex Antic (SA, Liberal Party) Share this | Link to this | Hansard source

by leave—I move amendments (1) and (2) on sheet 3477 in my name:

(1) Schedule 1, page 3 (after line 15), after item 3, insert:

3A At the end of subsection 77A(2)

Add:

; and (d) whose delivery does not occur because of an intentional termination of the pregnancy.

Note: An intentional termination of pregnancy referred to in paragraph (d) includes, for example, a medical termination involving the administration of a drug or the use of a medical instrument, but does not include child-birth, or medical intervention required to deliver a child who has died in the womb of natural causes.

(2) Schedule 1, item 5, page 5 (after line 16), at the end of section 333X, add:

Interpretation

(7) To avoid doubt, a reference in this section to the death of a child does not include a reference to the death of a child that occurs because of an intentional termination of a pregnancy (whether the death of the child because of the intentional termination occurs before, during or after delivery of the child).

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

Am I able to move an amendment on the floor to this amendment? I was told 1 pm for circulation, but I haven't got that done. I presume I have to seek leave?

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

Senator Canavan, perhaps for the benefit of the chamber you might indicate how substantive the amendment is.

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

I seek leave to move an amendment that seeks to exclude the event where a mother's health is at risk.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

Senator Hanson-Young, are you seeking the call?

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

I'd like it if you could get the clerks' advice on the restrictions around moving amendments within the two-hour period when a guillotine has been put in place.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will do so. I'm advised that, as long as leave is granted, it is acceptable. Senator Hanson-Young?

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Senator Canavan is seeking leave because the amendment period is closed. Could you explain clearly, Senator Canavan, what the amendment is to so that we can work out whether we're going to give you leave?

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

That's a reasonable request. I would seek leave to move an amendment to add to the words at the end of proposed subsection (d): ', unless the termination is to protect the health of the mother.'

Sarah Hanson-Young (SA, Australian Greens) Share this | Link to this | Hansard source

Just to be clear, is that to the bill itself, not to somebody else's amendment? So Senator Canavan cleaning up Senator Antic's mess? Is that what's going on here?

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

That is a debating point. Is leave granted? This is the last time I'm going to ask.

Leave not granted.

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

Can I just seek clarification? If the mover of an amendment accepts another senator's amendment, does that then become the amendment?

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

Senator Canavan would still need leave of the Senate. Leave has been denied. So I will put the amendment, unless there are further contributions. The question is that amendments (1) and (2) on sheet 3477 together be agreed to.

A division have been called and the bells being rung—

I am seeking further advice from the Clerk concerning Senator Canavan's amendment. It may be that division will need to be cancelled. I will seek that advice now.

I am going to cancel this division. There was conflicting advice to the chair. The advice is now that Senator Canavan did not need leave to move his amendment. So I am going to give Senator Canavan the chance to move his amendment. We will then vote on it.

Matthew Canavan (Queensland, Liberal National Party) Share this | Link to this | Hansard source

I move an amendment to amendment (1) on sheet 3477:

At the end of paragraph 3A(d) add "unless the termination is to protect the health of the mother"

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendment moved by Senator Canavan to Senator Antic's amendment be agreed to.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

Unless a senator indicates otherwise, I will put the amendment as moved by Senator Antic.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I wonder if we could ask the President to come back and provide the chamber with a ruling or some advice about what just occurred. I think there was a lot of confusion about the need to seek leave, and I think that it would be useful for the chamber to understand, in the context of this sort of truncated debate, how much notice an amendment to an amendment should receive. I just wonder if you could ask the President to report back to the chamber.

Slade Brockman (WA, Liberal Party) Share this | Link to this | Hansard source

I will ask the President to do that, Senator Wong. As no-one else is seeking the call, I will put amendments 1 and 2 on sheet 3477 together. The question is that amendments on sheet 3477 in the name of Senator Antic be agreed to.