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Monday, 6 May 1996
Page: 344


Senator MARGETTS —On behalf of Senator Chamarette I give notice that, on the next day of sitting, she will move:

That the Senate—

(a)   notes:

   (i)   with serious concern that the Minister for the Environment (Senator Hill), in his second reading speech on the Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 1996, misled the Senate and the people of Australia, by stating that ’Standing under the Administrative Decisions (Judicial Review) Act 1977 has been extended by providing for Australian organisations and associations', and

   (ii)   that proposed section 58A of the Hazardous Waste (Regulation of Exports and Imports) Amendment Bill 1996, rather than extending standing, severely limits the standing currently available to people and associations under the Administrative Decisions (Judicial Review) Act 1977; and

(b)   calls on the Minister to purge his contempt of the Senate by immediately retracting his statement and telling the truth about the Government's intention on the issue of standing.


Senator Crane —Madam Deputy President, I raise two points of order. Firstly, is it in order to move a notice of motion on legislation that is before the chamber? Secondly, I would like to take issue in terms of the language that was used in that particular aspect. If it is in order, I ask that that be reworded.


Senator MARGETTS —Madam Deputy President, on the point of order, I think you will find that the words have been carefully chosen. I believe `contempt' and `purging' are quite in order under the Senate standing orders. Senator Crane has not indicated anything that I have said which is against the standing orders of the Senate.


The DEPUTY PRESIDENT —It is my impression that it probably is within the orbit of what is acceptable in the chamber, but I will certainly have a look at it.


Senator Crane —In relation to the other matter I raised, I understand that this has been introduced into the Senate and is now a matter for debate in the Australian parliament. As it has been introduced in the Senate, it is not in order to move a notice of motion, because that matter is now up for debate. I would like a ruling on that particular aspect, if I could, please.


Senator MARGETTS —It is my understanding that that restriction relates to questions. As we know, there are many instances where legislation on the books of the Senate does attract notices of motion which relate to reviews and to commissions of inquiry. It is our understanding that the restriction relates to questions and not to motions. If there is no means of relating to what may be a necessity in relation to contempt of the Senate, then we as the Senate have lost some of our democratic powers.


The DEPUTY PRESIDENT —In any event, Senator Crane, I think that referred to a speech that had been made in this debate, not one that is to be made. The motion will be checked as to whether it is in order or not.