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Tuesday, 17 March 2009
Page: 1690

Senator FIELDING (Leader of the Family First Party) (12:38 PM) —Before I move on to the requests by Family First on sheet 5755, senators will recall that last night a request was made to ensure that the money collected through the alcopops tax over the last year is legally able to stay with the government and not go back to the industry. Family First had a position, which was the same position as making sure that the money received for the full year for which it was collected does not go back to the industry, plus an additional six months, as a sunset clause. I would like to test that position in the chamber this afternoon and extend it by moving amendment (1) on sheet 5755, which says that schedule 1A apply for six months after the act receives royal assent. That basically means that the government can legally keep the money from the alcopops tax not just for the last 12 months but also for the next six months. Given that last night the Senate agreed to allow the government to keep the money collected over the last year, I am still honouring my view that I think it should go for another six months to give the government even more time to put in place real measures. I am just testing the will of the chamber here by moving this first request. If this motion fails, there is no use in my moving the rest of the requests for amendments by Family First. I move amendment (1) on sheet 5755 in relation to the Customs Tariff Amendment (2009 Measures No. 1) Bill 2009:

That the House of Representatives be requested to make the following amendment:

(1)    Clause 2, page 2 (after table item 2), insert:

2A.  Schedule 1A

The latest of:

(a) 6 months after this Act receives the Royal Assent; and

(b) 6 months after the Excise Tariff Amendment (2009 Measures No. 1) Act 2009 receives the Royal Assent.

However, the provision(s) do not commence at all if the event mentioned in paragraph (b) does not occur.

Statement pursuant to the order of the Senate of 26 June 2000

These amendments are framed as requests because they are to a bill which imposes taxation within the meaning of section 53 of the Constitution. The Senate may not amend a bill imposing taxation

Statement by the Clerk of the Senate pursuant to the order of the Senate of 26 June 2000

As this is a bill imposing taxation within the meaning of section 53 of the Constitution, any Senate amendment to the bill must be moved as a request. This is in accordance with the precedents of the Senate.