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Thursday, 25 August 2011
Page: 5529

Senator LUDWIG (QueenslandMinister for Agriculture, Fisheries and Forestry, Manager of Government Business in the Senate and Minister Assisting the Attorney-General on Queensland Floods Recovery) (12:08): Mr President, on the point of order. I understand what Senator Ian Macdonald is seeking to do. Unfortunately, the challenge Senator Macdonald has is that it would in fact contravene section 92 which says:

An amendment to a question may not be moved if it is the same in substance—

this does not apply—

as an amendment already determined to the same question, or would have the effect only of reversing an amendment already made.

The amendment has been made and carried. The will of the Senate has been expressed. The amendment that you are now seeking would reverse that. On that basis—

Senator Ian Macdonald interjecting

Senator LUDWIG: By removing it that is what you are doing. We could argue that. I am simply pointing to the rule. I am happy to give leave to any other amendment you may wish to make or if you want to add to the amendment; but in the sense that the amendment you are proposing would have that effect then the point of order is not made. Mr President, the ruling that you have provided is the correct one.

Senator Ian Macdonald: Mr President, further to the point of order, what Senator Ludwig said is simply factually not correct. The amendment added some different qual­ifiers to the original motion, which was not amended. What we are now doing is delet­ing, to put it this way, any congratu­lations to Townsville Enterprise Ltd. The reason I do that, as I will say in my two-minute noting—if I am allowed to—is that it just does not make sense.

The PRESIDENT: I now have a copy of the amendment before me, which was 'to delete paragraph (b) and replacing it with the following'. It was not an addendum to the existing paragraph (b), it was deleting the paragraph and replacing it. The amendment that you are now proposing is to delete the amendment that was just carried by the Senate.

Senator Ian Macdonald: That is the point I made.

The PRESIDENT: I did not have the wording before me before, Senator Macdonald. I now have it before me and it makes it clear that what you are proposing is in contravention of standing order 92 because the amendment that was moved by Senator Bob Brown clearly deleted the existing paragraph. If I understand what you are now putting to the chamber, it is to delete that paragraph. That is the reversal. It is on that basis that the ruling has been made.

Senator Ian Macdonald: Mr President, on the point of order, can I accept your ruling and agree with you. With the typical courtesy of the Greens, this was only just made available to me and so, like you, I had not had a chance to read it. But what would you expect from Senator Brown?

Question, as amended, agreed to.