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Hansard
- Start of Business
- BUSINESS
- COMMONWEALTH ELECTORAL AMENDMENT (DEMOCRATIC PLEBISCITES) BILL 2007
- MATTERS OF PUBLIC INTEREST
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QUESTIONS WITHOUT NOTICE
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Broadband
(Conroy, Sen Stephen, Coonan, Sen Helen) -
Veterans’ Affairs
(Humphries, Sen Gary, Ellison, Sen Chris) -
Telstra
(Lundy, Sen Kate, Coonan, Sen Helen) -
Broadband
(Nash, Sen Fiona, Coonan, Sen Helen) -
Parliamentarians’ Entitlements
(Sterle, Sen Glenn, Johnston, Sen David) -
Budget 2006-07
(Fisher, Mary Jo, Minchin, Sen Nick) -
Human Rights
(Bartlett, Sen Andrew, Ellison, Sen Chris) -
Crime
(Parry, Sen Stephen, Johnston, Sen David) -
Belvedere Park Nursing Home
(Moore, Sen Claire, Ellison, Sen Chris) -
Heritage: Preservation
(Siewert, Sen Rachel, Abetz, Sen Eric) -
Belvedere Park Nursing Home
(McLucas, Sen Jan, Ellison, Sen Chris) -
Investing in Our Schools Program
(Fifield, Sen Mitchell, Brandis, Sen George)
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Broadband
- QUESTIONS WITHOUT NOTICE: ADDITIONAL ANSWERS
- QUESTIONS WITHOUT NOTICE: TAKE NOTE OF ANSWERS
- PETITIONS
- NOTICES
- COMMITTEES
- NOTICES
- COMMITTEES
- DAME ANITA RODDICK
- INDIGENOUS COMMUNITIES
- CLIMATE CHANGE
- MATTERS OF PUBLIC IMPORTANCE
- COMMITTEES
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INTERNATIONAL TAX AGREEMENTS AMENDMENT BILL (NO. 2) 2007
BUILDING AND CONSTRUCTION INDUSTRY IMPROVEMENT AMENDMENT (OHS) BILL 2007 -
HIGHER EDUCATION ENDOWMENT FUND BILL 2007
HIGHER EDUCATION ENDOWMENT FUND (CONSEQUENTIAL AMENDMENTS) BILL 2007 - THERAPEUTIC GOODS AMENDMENT BILL 2007
- COMMITTEES
- COMMONWEALTH ELECTORAL AMENDMENT (DEMOCRATIC PLEBISCITES) BILL 2007
- DOCUMENTS
- ADJOURNMENT
- Adjournment
- DOCUMENTS
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QUESTIONS ON NOTICE
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Asia-Pacific Economic Cooperation
(Evans, Sen Chris, Johnston, Sen David) -
Baileys Diesel Services
(Faulkner, Sen John, Ellison, Sen Chris) -
Ship Repair Contractors
(Faulkner, Sen John, Ellison, Sen Chris) -
Baileys Diesel Services
(Faulkner, Sen John, Ellison, Sen Chris) -
SIEV X
(Milne, Sen Christine, Coonan, Sen Helen)
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Asia-Pacific Economic Cooperation
Page: 1
Senator SCULLION (Minister for Community Services) (9:32 AM)
—I move:
That this bill be now read a second time.
I seek leave to have the second reading speech incorporated in Hansard.
Leave granted.
The speech read as follows—
The Bill gives effect to the Prime Minister’s announcement on 7 August 2007 to allow the Australian Electoral Commission to undertake any plebiscite on the amalgamation of any local governing body in any part of Australia.
The Bill does this by amending the Commonwealth Electoral Act 1918 to authorise the Australian Electoral Commission’s use and disclosure of any information held by it, including information contained in an electoral roll, for the purpose of conducting an activity, such as a plebiscite.
Section 7A of the Commonwealth Electoral Act 1918 already allows the Australian Electoral Commission to enter into an arrangement for the provision of goods and services. Section 7B of the Commonwealth Electoral Act 1918 also allows the Australian Electoral Commission to charge reasonable fees for the goods or services supplied under section 7A.
The Australian Electoral Commission has the necessary skills and expertise to undertake arrangements to conduct a plebiscite. It presently conducts these arrangements for trade unions and employer organisations under the Workplace Relations Act 1996 and for other organisations and some foreign countries.
The Bill introduces new subsections 7A(1C) and (1D) to clarify that the use by the Australian Electoral Commission of any information held by it, including information contained in an electoral roll, is authorised for the purpose of conducting an activity, such as a plebiscite.
The Bill also provides that a law of a State or Territory has no effect if it prohibits anyone from, or penalises or discriminates against anyone for, entering or proposing to enter into an arrangement with the Australian Electoral Commission. This also applies where a person or body takes part in or assists with, or proposes to take part in or assist with, the conduct of an activity to which an arrangement relates.
The imperative for a provision such as this arises from a law passed by the Queensland Parliament on 10 August 2007 that, unless overridden by this Commonwealth law, would prevent councillors in that State having any involvement with these plebiscites.
The Bill also refers to Article 19 and paragraph (a) of Article 25 of the International Covenant on Civil and Political Rights. Article 19 provides that people should have the right to hold opinions without interference and the right to freedom of expression. Paragraph (a) of Article 25 provides that every citizen shall have the right and opportunity, without unreasonable restrictions, to take part in the conduct of public affairs, directly or through freely chosen representatives.
Finally, I note that the Bill is not intended to be an avenue for citizen initiated referenda. The Bill is intended to give effect to the policy announcement of the Prime Minister.
I commend the Bill.
Senator Ian Macdonald
—Madam Acting Deputy President, I raise a point of order. My red shows that order of the day No. 1 is the Trade Practices Legislation Amendment Bill (No. 1) 2007. I understand the first two speakers on the Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007 are not yet in the chamber. I cannot seem to find out who makes these arrangements—it is certainly an arrangement which has changed since last night. I appreciate you have no responsibility for this, Madam Acting Deputy President, but could someone explain to me why we are dealing with the Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007 when the red clearly shows the trade practices legislation should now be brought on?
Senator Ludwig
—On the point of order: what we are really discovering here is a government which does not know what it is doing or does not tell its backbench, or we have a backbencher who has no idea what he is doing in this chamber, quite frankly.
The ACTING DEPUTY PRESIDENT
(Senator Troeth)—Senator Ludwig, that is no point of order and you know that very well. Senator Macdonald, as you know, the Manager of Government Business in the Senate determines the order of government business and the red reads, under No. 3, ‘Orders of the day—Commonwealth Electoral Amendment (Democratic Plebiscites) Bill 2007—Message to be reported—Second reading debate to proceed immediately’.
Senator Ian Macdonald
—Thank you, Madam Acting Deputy President. Certainly that one is first, but my red shows that No. 1—which I always took to mean that it would be dealt with first—is the trade practices legislation. Maybe Senator Ludwig has another red.
The ACTING DEPUTY PRESIDENT
—The red shows that the Commonwealth electoral amendment bill, which has no number, is above No. 1 and because of that it will proceed.
Senator Bob Brown
—Madam Acting Deputy President, the unusual situation is the proposal that this debate proceed immediately with the minister not reading the second reading speech.
The ACTING DEPUTY PRESIDENT
—Are you taking a point of order, Senator Brown?
Senator Bob Brown
—A point of order or otherwise I request a recommittal of the leave to have the second reading speech incorporated in Hansard. I ask that the minister read the second reading speech. Otherwise, the chamber is not informed of the government’s proposed matters which are in the second reading speech.
The ACTING DEPUTY PRESIDENT
—Senator Brown, the minister has already been given leave to incorporate the second reading speech and it is not possible to recommit that leave motion.
Senator Bob Brown
—On a point of order: it is possible. I ask leave of the Senate that the minister, having already been given leave to incorporate the second reading speech in Hansard, now read the second reading speech.
The ACTING DEPUTY PRESIDENT
—Is leave granted?
Leave not granted.
(Quorum formed)