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Tuesday, 8 March 2005
Page: 44

Senator Forshaw to move on the next day of sitting:

   That the Finance and Public Administration References Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 10 March 2005, from 4 pm to 8 pm, to take evidence for the committee’s inquiry into the Regional Partnerships program.

Senator Conroy to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   on 21 February 2005 the Australian Competition and Consumer Commission (ACCC) reached an agreement with Telstra to deal with issues involved in the competition notice issued to Telstra on 19 March 2004, and

(ii)   while the ACCC maintains that Telstra’s conduct was likely to have been in breach of the Trade Practices Act it decided to resolve the matter after obtaining senior legal advice; and

(b)   resolves that there be laid on the table, no later than 3.30 pm on Thursday, 17 March 2005, a report by the ACCC containing:

(i)   the internal and external legal advice it obtained which caused it to decide to resolve the matters raised in the competition notice without litigation, and

(ii)   details of the nature of the evidence received from Telstra’s wholesale customers which influenced its decision to take no further action in relation to the matters raised in the competition notice.

Senator Conroy to move on the next day of sitting:

   That the Senate—

(a)   notes that on 21 February 2005 the Australian Competition and Consumer Commission (ACCC) reached an agreement with Telstra to deal with issues involved in the competition notice issued to Telstra on 19 March 2004; and

(b)   resolves that there by laid on the table, no later than 3.30 pm on 10 May 2005, a report by the ACCC containing:

(i)   recommendations by the ACCC to:

(a)   prevent a similar situation from recurring, and

(b)   improve the ACCC’s ability to handle anti-competitive behaviour engaged in by Telstra,

(ii)   specific details of the pricing conduct for which Telstra will be rebating its wholesale customers through the settlement including the period of time during which this conduct was undertaken,

(iii)   an explanation of how the settlement will act as a deterrent to Telstra engaging in anti-competitive conduct in the future both in the broadband market and in other telecommunications markets,

(iv)   an explanation of how the structure of the retail broadband market has been affected by Telstra’s conduct during the period of the competition notice, including the impact of Telstra’s conduct on retail market shares of broadband internet service providers, and

(v)   an explanation of how the settlement will rectify any detrimental impacts on the structure of the retail broadband market that have resulted from Telstra’s conduct.

Senator Allison to move on the next day of sitting:

   That the Senate—

(a)   notes the Nuclear Non-proliferation Treaty (NPT) Review conference commencing on 1 May 2005 in New York and the vital importance of the NPT as an instrument of both nuclear disarmament and non-proliferation;

(b)   expresses its deep concern over:

(i)   the proliferation of weapons of mass destruction and particularly those with nuclear weapons capabilities, and

(ii)   the danger to humanity posed by the possibility that nuclear weapons could be used and at the lack of implementation of binding obligations and agreed steps towards nuclear disarmament;

(c)   calls for the full implementation of all relevant articles of the treaty including Articles I and II on non-proliferation and Article VI on the achievement of nuclear disarmament;

(d)   affirms the vital importance of the unequivocal undertaking made at the Year 2000 NPT Review conference by the nuclear weapons states, to accomplish the total and unequivocal elimination of their nuclear weapons arsenals, and of the 13 steps agreed to at that meeting;

(e)   urges the Government to:

(i)   pursue a balanced and integrated approach on both disarmament and non-proliferation fronts at the NTP Review,

(ii)   call on nuclear weapons states and nuclear weapons-capable states not to develop new types of nuclear weapons, or new rationalizations for their threat or use, in accordance with their commitment to diminish the role of nuclear weapons in their security policies, and

(iii)   call for concrete agreed steps by nuclear weapons states and nuclear weapons-capable states to lower the operating status of nuclear weapons systems in their possession, as called for by Australia’s L23 Path to a Nuclear Free World;

(f)   welcomes the appeal, signed by 25 Nobel prize-winners, calling on the governments of the United States of America, Russia, China, France, the United Kingdom, India, Pakistan, Israel and North Korea, to support and implement steps to lower the operational status of their nuclear weapon systems in order to reduce the risk of nuclear catastrophe;

(g)   notes and strongly affirms continued efforts by the Government to secure universal adherence to, and ratification of, the Comprehensive Nuclear Test Ban Treaty; and

(h)   requests that this resolution be conveyed to the foreign ministries and United Nations (UN) missions of all participants in the NPT Review conference, the UN Secretary-General, the Director-General of the International Atomic Energy Agency and the Chair of the 2005 NPT Review conference, as well as the governments of India, Pakistan and Israel.

Senator Marshall and also on behalf of Senator Nettle to move 15 sitting days hence:

   That the Guidelines in relation to the exercise of Compliance Powers in the Building and Construction Industry, made under section 88AGA of the Workplace Relations Act 1996, be disallowed.

Senator Brown to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   laws aimed to reduce the amount of synthetic greenhouse gases and establish a licensing system for the import, export and manufacture of synthetic greenhouse gases passed the Senate in November 2003,

(ii)   the Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulations 2004 were gazetted in December 2004 for commencement on 1 January 2005, and

(iii)   the Minister for the Environment and Heritage has failed to appoint the board, specified in these regulations, which would issue industry permits and licences for the use of certain refrigeration and air conditioning greenhouse gases; and

(b)   calls on the Minister to make a full explanation to the Senate in which he details:

(i)   whether he has abandoned the scheme as outlined in the regulations,

(ii)   the level of uncertainty in the industry,

(iii)   whether he has succumbed to pressure from the motor vehicle industry in Western Australia which wants a dual system for the regulation of synthetic greenhouse gases rather than the single system outlined in the regulations, and

(iv)   the cost already borne by taxpayers in the setting up of the original scheme.