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Friday, 22 February 1985
Page: 52

Motions (by Senator Button)-by leave-agreed to:

No. 1-Suspension of Standing Order 14: That Standing Order 14 be suspended to enable the Senate to consider business beyond what is of a formal character before the Address-in-Reply to the Governor-General's Opening Speech has been adopted.

No. 2-Appointment of Legislative and General Purpose Standing Committees: That, in accordance with Standing Order 36AA, the following Legislative and General Purpose Standing Committees be appointed:

(a) Constitutional and Legal Affairs;

(b) Education and the Arts;

(c) Finance and Government Operations;

(d) Foreign Affairs and Defence;

(e) Industry and Trade;

(f) National Resources;

(g) Science, Technology and the Environment; and

(h) Social Welfare.

No. 3-Appointment of Estimates Committees: That, in accordance with Standing Order 36AB, six Estimates Committees be appointed, to be known as Estimates Committees A, B, C, D, E and F; and that, unless otherwise ordered, the Committees consider the Proposed Expenditure in relation to Departments, as follows:

Estimates Committee A

Parliament

Industry, Technology and Commerce

Prime Minister and Cabinet

Trade

Science

Estimates Committee B

Community Services

Immigration and Ethnic Affairs

Social Security

Health

Estimates Committee C

Finance

Employment and Industrial Relations

Treasury

Primary Industry

Communications

Estimates Committee D

Education

Housing and Construction

Sport, Recreation and Tourism

Arts, Heritage and Environment

Aboriginal Affairs

Estimates Committee E

Resources and Energy

Attorney-General

Special Minister of State

Foreign Affairs

Defence

Estimates Committee F

Veterans' Affairs

Transport

Aviation

Territories

Local Government and Administrative Services

No. 4-Standing Committee on Appropriations and Staffing:

That-

(a) the Committee known as the Standing Committee on Appropriations and Staffing, constituted by resolution of the Senate of 25 March 1982, be re-constituted, under the same terms, and with the same functions and power as varied by Resolution of 11 May 1983;

(b) the Committee have power to consider Minutes of Evidence and Records of the Standing Committee on Appropriations and Staffing appointed in previous Parliaments; and

(c) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

No. 5-Standing Committee for the Scrutiny of Bills:

That-

(a) the Committee known as the Standing Committee for the Scrutiny of Bills, constituted by Resolution of the Senate of 25 May 1982, be reconstituted, under the same terms and with the same functions and powers;

(b) the Committee have power to consider Minutes of Evidence and Records of the Standing Committee for the Scrutiny of Bills appointed in previous Parliaments; and

(c) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

No. 6-Select Committee on Animal Welfare:

That-

(a) the Committee known as the Select Committee on Animal Welfare, constituted by Resolutions of the Senate of 16 and 17 November 1983, be re-constituted under the same terms and with the same functions and powers;

(b) the Committee have power to consider the Minutes of Evidence and records of the Select Committee on Animal Welfare appointed in the previous session; and

(c) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding any contained in the Standing Orders.

No. 7-Select Committee on Private Hospitals and Nursing Homes:

That-

(a) the Committee known as the Select Committee on Private Hospitals and Nursing Homes, constituted by Resolution of the Senate of 24 September 1981, be re-constituted under the same terms, and with the same functions and powers as varied by Resolution of 11 May 1983;

(b) the Committee have the power to consider the Minutes of Evidence and Records of the Select Committee on Private Hospitals and Nursing Homes appointed in previous Parliaments; and

(c) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

No. 8-Select Committee on Volatile Substance Fumes:

That-

(a) the Committee known as the Select Committee on Volatile Substance Fumes, constituted by Resolution of the Senate of 10 May 1984, be reconstituted under the same terms, and with the same functions and powers as varied by Resolutions of 4 June 1984, 15 June 1984 and 9 October 1984;

(b) That the Committee have power to consider the Minutes of Evidence and Records of the Select Committee on Volatile Substance Fumes appointed in the previous session; and

(c) the foregoing provisions of this Resolution, so far as they are inconsistent with the Standing Orders, have effect notwithstanding anything contained in the Standing Orders.

No. 9-(1) Days and Hours of Meeting:

(1) That, unless otherwise ordered, the days and hours of sitting of the Senate shall be as follows:

(a) during the first sitting week- Tuesday, 2 p.m.-6.30 p.m.

8 p.m.-10.30 p.m.

Wednesday, 10 a.m.-12.45 p.m.

2 p.m.-7 p.m.

Thursday, 10 a.m.-6.30 p.m.

8 p.m.-10.30 p.m.

Friday, 9 a.m.-12.45 p.m.

2 p.m.-4.15 p.m.

(b) during the second sitting week-

Monday, 2 p.m.-6.30 p.m.

8 p.m.-10.30 p.m.

Tuesday, 2 p.m.-6.30 p.m.

8 p.m.-10.30 p.m.

Wednesday, 10 a.m.-12.45 p.m.

2 p.m.-7 p.m.

Thursday, 10 a.m.-6.30 p.m.

From the termination of the last sitting in the second week, the Senate shall stand adjourned until 2 p.m. on the third Tuesday after that termination, or such other day and/or hour as may be fixed by the President or, in the event of the President being unavailable due to illness or other cause, by the Deputy-President, and that the day and/or hour of meeting so determined shall be notified to each Senator; and the 4-weekly cycle will then be repeated;

Provided that the President, upon a request or requests by an absolute majority of the whole number of Senators that the Senate meet at a certain time, shall fix a day and hour of meeting in accordance with such request or requests, and such time of meeting shall be notified to each Senator.

For these purposes a request by the Leader or Deputy-Leader of the Opposition in the Senate shall be deemed to be a request by every Senator of the Opposition and a request by the Leader or Deputy-Leader of the Australian Democrats shall be deemed to be a request by every Australian Democrat Senator.

Provided further that the request or requests may be made to the President by leaving the same with, or delivering the same to, the Clerk of the Senate, who shall immediately notify the President.

In the event of the President being unavailable, the Clerk shall without delay notify the Deputy-President, or, should he be unavailable, any one of the Temporary Chairmen of Committees, who shall be deemed to be required by the Senate to summon the Senate on behalf of the President, in accordance with the terms of this Resolution.

(2) That the Sessional Order relating to the adjournment of the Senate have effect at the terminating time each day.

2. Adjournment of the Senate:

That, at the terminating time each day, the President shall put the Question-That the Senate do now adjourn-which Question shall be open to debate; if the Senate be in Committee at that hour, the Chairman shall in like manner put the Question-That he do leave the Chair and report to the Senate; and upon such report being made the President shall forthwith put the Question-That the Senate do now adjourn-which Question shall be open to debate: Provided that if the Senate or the Committee be in Division at the time named, the President or the Chairman shall not put the Question referred to till the result of such Division has been declared: and if the business under discussion shall not have been disposed of at such adjournment it shall appear on the Notice Paper for the next sitting day.

3. Routine of Business:

That, notwithstanding anything contained in the Standing Orders and unless otherwise ordered, the Senate shall proceed with its ordinary business in the following routine:

Week 1

Tuesday:

(1) Petitions

(2) Notices of Motion

(3) Questions

(4) Any proposal pursuant to Standing Order 64

(5) Consideration of Government Papers pursuant to Sessional Order

(6) Formal Motions-Discovery of Formal Business

(7) Postponement and re-arrangement of Business

(8) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Wednesday:

(1) Petitions

(2) Notices of Motion

(3) Formal Motions-Discovery of Formal Business

(4) Postponement and re-arrangement of Business

(5) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

(6) At 2 p.m., Questions

(7) Any proposal pursuant to Standing Order 64

(8) Consideration of Government Papers pursuant to Sessional Order

(9) Consideration of Committee Reports pursuant to Sessional Order

(10) Further consideration of Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Thursday:

(1) Petitions

(2) Notices of Motion

(3) Formal Motions-Discovery of Formal Business

(4) Postponement and re-arrangement of Business

(5) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

(6) At 2 p.m., Questions

(7) Any proposal pursuant to Standing Order 64

(8) Consideration of Government Papers pursuant to Sessional Order

(9) General Business

(10) Further consideration of Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Friday:

(1) Petitions

(2) Notices of Motion

(3) Formal Motions-Discovery of Formal Business

(4) Postponement and Re-arrangement of Business

(5) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

(6) At 2 p.m., Questions

(7) Any proposal pursuant to Standing Order 64

(8) Consideration of Government Papers pursuant to Sessional Order

(9) Further consideration of Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Week 2

Monday:

(1) Petitions

(2) Notices of Motion

(3) Questions

(4) Any proposal pursuant to Standing Order 64

(5) Consideration of Government Papers pursuant to Sessional Order

(6) Formal Motions-Discovery of Formal Business

(7) Postponement and re-arrangement of Business

(8) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Tuesday:

(1) Petitions

(2) Notices of Motion

(3) Questions

(4) Any proposal pursuant to Standing Order 64

(5) Consideration of Government Papers pursuant to Sessional Order

(6) Formal Motions-Discovery of Formal Business

(7) Postponement and re-arrangement of Business

(8) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Wednesday:

(1) Petitions

(2) Notices of Motion

(3) Formal Motions-Discovery of Formal Business

(4) Postponement and re-arrangement of Business

(5) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

(6) At 2 p.m., Questions

(7) Any proposal pursuant to Standing Order 64

(8) Consideration of Government Papers pursuant to Sessional Order

(9) Consideration of Committee Reports pursuant to Sessional Order

(10) Further consideration of Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

Thursday:

(1) Petitions

(2) Notices of Motion

(3) Formal Motions-Discovery of Formal Business

(4) Postponement and re-arrangement of Business

(5) Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

(6) At 2 p.m., Questions

(7) Any proposal pursuant to Standing Order 64

(8) Consideration of Government Papers pursuant to Sessional Order

(9) General Business

(10) Further consideration of Government Business, Notices of Motion and Orders of the Day, or vice versa, as set down on the Notice Paper

4. That, Proposals pursuant to Standing Order 64:

That, unless otherwise ordered and notwithstanding anything contained in the Standing Orders:

(1) On Fridays in week 1 and Thursday in week 2 the discussion of any proposal submitted to the Senate pursuant to Standing Order 64 shall not exceed one hour.

(2) The written statement of the proposed matter of public importance or urgency shall be handed in to the President not later than 12.30 p.m. on each sitting day.

5. Government and General Business-Precedence:

That, on all sitting days of the Senate, unless otherwise ordered, Government Business shall take precedence of General Business, except that General Business shall take precedence of Government Business on Thursdays after Questions, any proposal pursuant to Standing Order 64 and consideration of Government Papers pursuant to Sessional Order, until the expiration of two and one-half hours or until there is no further debate; and that, unless otherwise ordered, General Business, Orders of the Day shall take precedence of General Business. Notices of Motion on alternate Thursdays.

6. Petitions-Procedure for Presentation:

Notwithstanding anything contained in the Standing Orders, the procedure for the presentation of petitions shall be as follows:

(1) A Senator wishing to present a petition shall lodge it with the Clerk.

(2) The Clerk shall make an announcement in respect of petitions lodged with him, indicating in respect of each petition the Senator who presents it, the number of signatures, and the subject matter of the petition.

(3) Every petition so presented shall be deemed to have been received by the Senate unless a motion, moved forthwith, that a particular petition be not received, be agreed to.

(4) The terms of the petitions presented shall be printed in Hansard.

7. Legislative and General Purpose Standing Committees-Reference of Annual Reports:

(1) Unless otherwise ordered, all annual reports of Government departments and authorities, including statutory corporations, laid on the Table of the Senate, shall stand referred, without any Question being put, for consideration and, if necessary, for report thereon, to the Legislative and General Purpose Standing Committees.

(2) The President shall transmit a copy of each report so tabled to the Committee which he deems appropriate.

(3) The Legislative and General Purpose Standing Committees may, at their discretion, pursue or not pursue inquiries into reports so received; but any action necessary, arising from a report of a Committee, shall be taken in the Senate on motion after notice.

8. Legislative and General Purpose Standing Committees-Reference of Bills:

After the Second Reading of a Bill (other than an Appropriation Bill, Supply Bill, or Bill imposing taxation), and notwithstanding anything contained in the Standing Orders and without limiting the operation of Standing Orders 36AA and 196A, the following procedure shall apply:

(1) A motion (of which notice need not be given) may be moved to refer the Bill to a Legislative and General Purpose Standing Committee: Provided that if no such motion be moved, or if moved and negatived, the Senate shall forthwith resolve itself into a Committee of the Whole for consideration of the Bill.

(2) Upon motion to refer a Bill to a Legislative and General Purpose Standing Committee, no debate thereon shall be allowed for more than one hour, and in speaking thereon no Senator shall exceed ten minutes. If the debate be not sooner concluded then forthwith upon the expiration of that time the President shall put any Question on any amendment or motion already proposed from the Chair.

(3) On reference of a Bill to a Legislative and General Purpose Standing Committee, a day shall be fixed for the reporting of a Committee's proceedings to the Senate, by which day the final report of the Committee shall be brought up, unless further time be moved for and granted: Provided that the Senate may at any time prior to such day receive the final report of the Committee.

(4) Upon a Bill being committed to a Legislative and General Purpose Standing Committee pursuant to this Order, it shall be set down on the Notice Paper as an Order of the Day for further consideration following report from the Committee.

(5) The procedure to be adopted by a Legislative and General Purpose Standing Committee shall, as far as possible, be the same as that in Committee of the Whole: Provided that a Committee may ask for explanations from the Minister in charge of a Bill, or officers, relating to the clauses of the Bill.

(6) A Legislative and General Purpose Standing Committee shall have no power to make amendments to a Bill, but may recommend amendments or requests for amendments. No amendment or request for amendment may be proposed which would not be in order if proposed in a Committee of the Whole.

(7) A report from a Legislative and General Purpose Standing Committee, relating to a Bill, shall be received by the Senate without debate and its consideration deferred until the reading of the Order of the Day for the further consideration of the Bill, when the procedure, unless otherwise ordered, shall be as follows:

(a) motion may be proposed that the report be adopted, and such motion shall be open to debate;

(b) on the motion for the adoption of the report, amendments may be proposed;

(c) in these proceedings, the same right of speech and time limits shall apply as in debate in Committee of the Whole;

(d) if amendments or requests for amendments be made, additional to any recommended by the report of a Standing Committee, the Chair shall propose a Question-That the Bill as reported (with or without amendments or requests for amendments), and as further amended, be agreed to;

(e) a motion may be moved, by any Senator, that the Bill as reported from a Standing Committee be recommitted, in a whole or in part, to the Standing Committee or that the Bill as reported be committed, in whole or in part, to a Committee of the Whole; and

(f) when the report from the Committee, or from a Committee of the Whole, is finally adopted, the Bill may be proceeded with in the usual way.

9. Consideration of Government Papers:

That, unless otherwise ordered, and notwithstanding anything contained in the Standing and Sessional Orders:

(1) (a) on all sitting days of the Senate, after Notices, Papers may be presented by a Minister such Papers shall then be considered pursuant to this Sessional Order after Questions and any proposal pursuant to Standing Order 64; and

(b) when Papers are called on by the President, pursuant to this Sessional Order, a motion may be moved, without notice, that the Senate take note of one, or several, of the Papers.

(2) The debate on any motion moved pursuant to this Sessional Order shall be conducted as follows:

(a) no Senator shall speak for more than 5 minutes;

(b) if debate pursuant to this Sessional Order is not concluded it shall be interrupted after 30 minutes, and the Senate shall proceed to the consideration of the business of the day;

(c) if the debate is adjourned or interrupted by Sessional Order, a motion may be moved for the resumption of the debate either for the Thursday of that week at the time for the consideration of General Business, or for the next day of sitting; and

(d) on Thursdays, at the commencement of General Business:

(i) when an Order of the Day is called on under this Sessional Order, Senators who have previously spoken may speak again for 5 minutes,

(ii) motions without notice may be moved to take note of Government Papers tabled during the current sitting week and in relation to which no such motion has previously been moved:

Provided that debate under this Sessional Order be interrupted after one hour.

(3) Where debates on motions moved under the provisions of this Sessional Order are adjourned until the next day of sitting and are called on in the normal course of business, Senators who have spoken to the motions under the provisions of this Sessional Order may speak again for the time allowed under Standing Order 407A.

10. Consideration of Committee Reports:

(1) Notwithstanding anything contained in the Standing Orders, and unless otherwise ordered, where in any week there are Orders of the Day for the resumption of debate on motions for the consideration or adoption of reports of committees:

(a) on Wednesdays after Questions, any proposal pursuant to Standing Order 64 and consideration of Government Papers pursuant to Sessional Order, Orders of the Day relating to reports of committees presented to the Senate during that week shall be severally called on, in the order in which the respective reports were presented;

(b) if there were no committee reports presented during that week, or if debate on motions relating to such reports concludes before the expiration of one hour, Orders of the Day relating to committee reports presented prior to that week shall then be severally called on in an order which is the reverse of the order in which the respective reports were presented:

(c) in any debate on such motions so called on, each Senator may speak for not more than 10 minutes; and

(d) any debate pursuant to this Sessional Order shall be interrupted after the expiration of one hour.

(2) Provided that, where debate on any motion debated under the provisions of this Sessional Order is adjourned or is interrupted under the provisions of this Sessional Order, Senators who have spoken to such motion under the provisions of this Sessional Order may speak again to the motion for the time allowed under Standing Order 407A when the debate on the motion is again called on in the normal course of business.

11. Time Limits to Speeches-That notwithstanding anything contained in the Standing Orders:

(1) No Senator shall speak for more than 30 minutes in any debate in the Senate. Any Senator may move that the time limit of 30 minutes be extended for 15 minutes; such motion shall forthwith be put without debate:

Provided that where a right of reply is allowed in any debate a Senator speaking in reply shall speak for not more than 30 minutes:

Provided further that, in debate on the First Reading of a Bill which the Senate may not amend, no Senator shall speak for more than 15 minutes.

(2) In Committee no Senator shall speak for more than 15 minutes at any one time on any one Question:

Provided that where the speech of a Senator is interrupted by this provision, and no other Senator rises to speak, the Senator so interrupted may continue his speech for a further 15 minutes but no longer continuously on any one Question.

No. 10-Contingent Notices of Motion:

(1) To move (Contingent on any Bill being reported from a Committee of the Whole)-That so much of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay.

(2) To move (Contingent on any Bill originating in the Senate having been read a first time)-That so much of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay.