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Monday, 25 October 2010
Page: 619

Senator Fielding to move on the next day of sitting:

   That the following matter be referred to the Community Affairs References Committee for inquiry and report by 30 April 2011:

The adverse impacts of rural wind farms, and in particular:

(a)   any adverse health effects for people living in close proximity to wind farms;

(b)   concerns over the excessive noise emitted by wind farms which are in close proximity to people’s homes;

(c)   the impact of rural wind farms on property values; and

(d)   any other relevant matters.

Senator Cormann to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   the Government has refused to provide information requested by the Senate about key assumptions it has used to estimate revenue from its original as well as its revised mining tax proposals,

(ii)   specifically, the Government has refused to provide information about changes to commodity price, production volume and exchange rate assumptions and any other variables relevant to its mining tax revenue estimates,

(iii)   in its response to the relevant order of the Senate, the Government justified its refusal to provide the information on the basis that, ‘commodity price forecasts underpinning the terms of trade forecasts are based in part on information provided by companies that is commercial in confidence. Disclosure of these individual commodity price forecast may therefore prejudice negotiations between private companies’,

(iv)   the information sought by the Senate is published by the Western Australian State Government in its budget papers as a matter of course, and

(v)   information published by the Western Australian Government includes its commodity price assumptions developed after relevant information about commodity price expectations is obtained from relevant mining companies, which includes at least some of the companies involved in the mining tax negotiations with the Federal Government;

(b)   based on the Government’s response which does not accept that there are any legitimate public interest grounds for the Government to refuse to provide the requested information;

(c)   orders that there be laid on the table by noon on Thursday, 28 October 2010:

(i)   all the Government assumptions used to estimate the revenue from the Resource Super Profits Tax as contained in the 2010-11 budget, including, but not limited to, the assumptions on commodity prices, production volumes and exchange rates, and

(ii)   all the Government assumptions used to estimate the revenue from and overall fiscal impact of the Minerals Resource Rent Tax/expanded Petroleum Resource Rent Tax arrangement announced on 2 July 2010, including all changes to assumptions used for the 2010-11 budget;

(d)   notes the agreements between the Government and other parties and independents to refer disputes about public interest disclosures to the Information Commissioner, who will arbitrate on the release of documents; and

(e)   orders that, if the Government does not produce the information required by this order within the specified timeframe, there be laid on the table by 15 November 2010, a report on the matter by the Information Commissioner, including a review of the adequacy of the grounds specified by the Government for its refusal to produce the information and, if applicable, his arbitration on the release of the information.

Senator Cormann to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   the Government has refused to provide any of the information requested by the Senate about its negotiations with BHP Billiton, Rio Tinto and Xstrata on the revised mining tax proposal,

(ii)   in relation to some of the information only, the Government justified its refusal in its response to the relevant Senate order on the basis that, ‘Data and other material provided to the Treasury as part of negotiations around the MRRT are considered to be commercial in confidence’,

(iii)   no justification was provided by the Government as to why release of any of the other information was not in the public interest, and

(iv)   specifically, no reason was provided by the Government as to why the release of the signed heads-of-agreement between the Government and BHP Billiton, Rio Tinto and Xstrata would not be in the public interest;

(b)   considers release of all the information requested on the negotiations between the Government and BHP Billiton, Rio Tinto and Xstrata about the revised mining tax proposal to be in the public interest;

(c)   orders that there be laid on the table by noon on Thursday, 28 October 2010:

(i)   any information held by the Government related to the negotiations and agreement about the new mining tax proposal announced on 2 July 2010, including, but not limited to, briefing notes, emails, data provided to the Government by BHP Billiton, Rio Tinto and Xstrata and any other information generated in the context of the negotiations about the new mining tax proposal, and

(ii)   a copy of the signed heads-of-agreement on the new mining tax proposal between the Government and BHP Billiton, Rio Tinto and Xstrata;

(d)   notes the agreements between the Government and other parties and independents to refer disputes about public interest disclosures to the Information Commissioner, who will arbitrate on the release of documents; and

(e)   orders that, if the Government does not produce the information required by this order within the specified timeframe, there be laid on the table by 15 November 2010, a report on the matter by the Information Commissioner, including a review of the adequacy of the grounds specified by the Government for its refusal to produce the information and, if applicable, his arbitration on the release of the information.

Senator Cormann to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   the Government has ignored a request by the Senate for information about where the $10.5 billion in estimated revenue from the mining tax over the 2010-11 forward estimates is expected to come from, by commodity and on a state and territory basis, and

(ii)   in what appears to be a consolidated response to three separate orders of the Senate for the production of documents the Government did not provide any of the information requested in the relevant order, nor did the Government provide any explanation as to why release of this information would not be in the public interest;

(b)   orders that there be laid on the table by noon on Thursday, 28 October 2010:

(i)   the Government estimates of where the $12 billion in revenue from the Resource Super Profits Tax was expected to come from, by commodity and by state and territory, and

(ii)   the Government estimates of where the $10.5 billion in revenue from the Minerals Resource Rent Tax/expanded Petroleum Resource Rent Tax is expected to come from, by commodity and by state and territory;

(c)   notes the agreements between the Government and other parties and independents to refer disputes about public interest disclosures to the Information Commissioner, who will arbitrate on the release of documents; and

(d)   orders that, if the Government does not produce the information required by this order within the specified timeframe, there be laid on the table by 15 November 2010, a report on the matter by the Information Commissioner, including a review of the adequacy of the grounds specified by the Government for its refusal to produce the information and, if applicable, his arbitration on the release of the information.

Senator Ludwig to move on the next day of sitting:

   That, on Wednesday, 27 October 2010, the routine of business be varied to provide that:

(a)   government business be considered from 2 pm to 3 pm; and

(b)   questions without notice be called on at 3 pm.

Senator Ludwig to move on the next day of sitting:

   That standing order 50 (Prayer) be amended as follows:

Omit the standing order, and substitute the following:

50     Prayer and acknowledgement of country

The President, on taking the chair each day, shall read the following prayer:

Almighty God, we humbly beseech Thee to vouchsafe Thy special blessing upon this Parliament, and that Thou wouldst be pleased to direct and prosper the work of Thy servants to the advancement of Thy glory, and to the true welfare of the people of Australia.

Our Father, which art in Heaven, Hallowed be Thy name. Thy kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For thine is the kingdom, and the power, and the glory, for ever and ever. Amen.

The President shall then make an acknowledgement of country in the following terms:

I acknowledge the Ngunnawal and Ngambri peoples who are the traditional custodians of the Canberra area and pay respect to the elders, past and present, of all Australia’s Indigenous peoples.

Senator Fierravanti-Wells to move on the next day of sitting:

   That the Senate—

(a)   notes that:

(i)   mental illness afflicts more Australians than almost all other health disorders, only ranking behind cancer and heart disease in prevalence,

(ii)   45 per cent of the nation’s population will experience a mental health disorder at some point in life,

(iii)   younger Australians, those between 16 and 24, bear the brunt of mental illness with the prevalence of problems declining with age,

(iv)   with early and targeted treatment many young people can overcome mental illness or lower the incidence of progression or relapse,

(v)   expansion of the ‘headspace’ and Early Psychosis Prevention and Intervention (EPPI) centres models could help an estimated 200 000 young Australians and in doing so free up existing services for others with mental illnesses whilst also alleviating pressures on public hospitals and emergency departments, and

(vi)   the Government has moved to cut services in mental healthcare;

(b)   calls on the Government:

(i)   to expand the number of ‘headspace’ centres to a minimum of 90 nationally,

(ii)   to establish a national network of 20 EPPI centres,

(iii)   to provide an additional 800 beds for mental health associated with EPPI centres,

(iv)   to appropriate the funds necessary to provide these critical steps to expanding mental health treatment facilities, and

(v)   immediately to provide additional funds for existing ‘headspace’ centres; and

(c)   send a message to the House of Representatives informing it of this resolution and requesting that it concur.

Senators Xenophon and Hanson-Young to move on the next day of sitting:

   That—

(a)   the Water (Crisis Powers and Floodwater Diversion) Bill 2010 be referred to the Environment and Communications Legislation Committee for inquiry and report by 18 November 2010;

(b)   the Senate notes that the Environment, Communications and the Arts Legislation Committee had all but completed its inquiry into the Water (Crisis Powers and Floodwater Diversion) Bill 2010 when the Parliament was prorogued on 19 July 2010; and

(c)   in conducting its inquiry the committee have the power to consider and use the records of the Environment, Communications and the Arts Legislation Committee appointed in the previous Parliament relating to its consideration of an earlier version of the bill.

Senators Siewert and Xenophon to move on the next day of sitting:

   That the Senate—

(a)   notes reports in Australia that found infant formula had been contaminated with genetically modified (GM) soy and corn;

(b)   acknowledges the significant level of community concern about food labelling and safety issues in Australian food products, particularly those being fed to infants and young children; and

(c)   calls on the Australian Government to introduce clear and effective labelling standards that ensure all GM additives in Australian food products are labelled.

Senator Siewert to move on the next day of sitting:

   That the order of the Senate of 30 September 2010 adopting Report no. 11 of 2010 of the Selection of Bills Committee be varied to provide that the Commonwealth Commissioner for Children and Young People Bill 2010 be referred to the Legal and Constitutional Affairs Legislation Committee instead of the Community Affairs Legislation Committee, for inquiry and report by the last sitting day in May 2011.

Senator Cameron to move on the next day of sitting:

   That the Environment and Communications Legislation Committee be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 27 October 2010, from 4 pm, to examine the 2010-11 supplementary budget estimates for the Australian Broadcasting Corporation.

Senator Trood to move on the next day of sitting:

   That the Select Committee on the Reform of the Australian Federation be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Wednesday, 27 October 2010, from 11 am.

Senator Hanson-Young to move on 28 October 2010:

   That the following bill be introduced: A Bill for an Act to amend the Migration Act 1958 to prohibit the detention of minors in detention centres, and for related purposes. Migration Amendment (Detention of Minors) Bill 2010.

Senator Milne to move on the next day of sitting:

   That the Senate—

(a)   notes:

(i)   that a study release by the Australian National University’s Centre for Climate Economics and Policy concludes that the conditions for lifting Australia’s minimum emissions reduction target from 5 per cent to 15 per cent have been met,

(ii)   that a study by the Climate Institute of comparative implied carbon prices shows that Australia’s existing implied carbon price of US$1.70 lags far behind the United Kingdom’s US$29.30 and China’s US$14.20,

(iii)   that the European Union is publicly discussing a plan to unilaterally lift its target of 20 per cent emissions reductions below 1990 levels by 2020 to 30 per cent, embracing the economic benefits that come with this investment, and

(iv)   that Scotland has recently announced that it will easily surpass its ambitious target of 50 per cent renewable energy by 2020 and is lifting that target to an impressive 80 per cent by the end of the decade; and

(b)   calls on the Government to formally set aside the unconditional 5 per cent emissions reduction target by 2020 and lift its minimum ambition.

Senator Birmingham to move on the next day of sitting:

   That there be laid on the table by the Minister representing the Minister for Climate Change and Energy Efficiency, no later than noon on 28 October 2010, a copy of the audit report by PricewaterhouseCoopers into the Green Loans Program’s assessor accreditation process and adherence to the Protocol for Assessor Accrediting Organisations, as referred to by the then Minister for Climate Change, Energy Efficiency and Water (Senator Wong) in her statement to the Senate on 10 March 2010 (Senate Hansard, p. 1521) and previously required by the Senate on 12 May 2010.