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Senate Journal No. 129 - 24 June 2010
- 1 MEETING OF SENATE
- 2 ROUTINE OF BUSINESS—VARIATION
- 3 CONSIDERATION OF LEGISLATION
- 4 BUILDING ENERGY EFFICIENCY DISCLOSURE BILL 2010
- 5 BANKRUPTCY LEGISLATION AMENDMENT BILL 2009
- 6 TRADE PRACTICES AMENDMENT (INFRASTRUCTURE ACCESS) BILL 2009
- 7 BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION) BILL 2010
- 8 EXCISE TARIFF AMENDMENT (AVIATION FUEL) BILL 2010E CUSTOMS TARIFF AMENDMENT (AVIATION FUEL) BILL 2010
- 9 TAX LAWS AMENDMENT (2010 MEASURES NO. 3) BILL 2010
- 10 TAX LAWS AMENDMENT (2010 GST ADMINISTRATION MEASURES NO. 3) E BILL 2010
- 11 TAX LAWS AMENDMENT (FOREIGN SOURCE INCOME DEFERRAL) E BILL (NO. 1) 2010
- 12 INTERNATIONAL MONETARY AGREEMENTS AMENDMENT BILL (NO. 1) 2010
- 13 NATIONAL HEALTH AMENDMENT (CONTINENCE AIDS PAYMENT SCHEME) E BILL 2010
- 14 CORPORATIONS AMENDMENT (CORPORATE REPORTING REFORM) BILL 2010
- 15 FINANCIAL SECTOR LEGISLATION AMENDMENT (PRUDENTIAL REFINEMENTS AND OTHER MEASURES) BILL 2010
- 16 TRADE PRACTICES AMENDMENT (AUSTRALIAN CONSUMER LAW) E BILL (NO. 2) 2010
- 17 CRIMES AMENDMENT (ROYAL FLYING DOCTOR SERVICE) BILL 2010
- 18 HIGHER EDUCATION SUPPORT AMENDMENT (INDEXATION) BILL 2010
- 19 SUPERANNUATION INDUSTRY (SUPERVISION) AMENDMENT BILL 2010
- 20 AGRICULTURAL AND VETERINARY CHEMICALS CODE AMENDMENT BILL 2010
- 21 IMMIGRATION (EDUCATION) AMENDMENT BILL 2010
- 22 ORDER OF BUSINESS—REARRANGEMENT
- 23 CONSIDERATION OF LEGISLATION
- 24 ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES) BILL 2010
- 25 ORDER OF BUSINESS—REARRANGEMENT
- 26 SOCIAL SECURITY AND INDIGENOUS LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2010
- 27 VETERANS' AFFAIRS LEGISLATION AMENDMENT (2010 BUDGET MEASURES) E BILL 2010E VETERANS' ENTITLEMENTS AMENDMENT (INCOME SUPPORT MEASURES) E BILL 2010
- 28 APPROPRIATION (PARLIAMENTARY DEPARTMENTS) BILL (NO. 1) 2010-2011E APPROPRIATION BILL (NO. 1) 2010-2011E APPROPRIATION BILL (NO. 2) 2010-2011
- 29 FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHILD CARE BUDGET MEASURES) BILL 2010
- 30 DEFENCE LEGISLATION AMENDMENT (SECURITY OF DEFENCE PREMISES) E BILL 2010
- 31 PETITIONS
- 32 NOTICE
- 33 ORDER OF BUSINESS—REARRANGEMENT
- 34 RURAL AND REGIONAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 35 CHOICE OF REPAIRER BILL 2010
- 36 PARLIAMENTARY BUDGET OFFICE BILL 2010
- 37 FINANCIAL MANAGEMENT AND ACCOUNTABILITY AMENDMENT (VALUE FOR MONEY IN GOVERNMENT SPENDING) BILL 2010
- 38 FINANCE AND PUBLIC ADMINISTRATION REFERENCES COMMITTEE—PROPOSED REFERENCE
- 39 MINISTRY AND MINISTERIAL ARRANGEMENTS
- 40 QUESTIONS
- 41 MOTION TO TAKE NOTE OF ANSWER
- 42 SUPERANNUATION—MILITARY SUPERANNUATION PENSIONS—DOCUMENT
- 43 EMPLOYMENT—AUSTRALIAN SERVICES UNION—EQUAL PAY—DOCUMENT
- 44 FINANCE AND PUBLIC ADMINISTRATION REFERENCES COMMITTEE—REFERENCE
- 45 FINANCE AND PUBLIC ADMINISTRATION LEGISLATION COMMITTEE—REFERENCE
- 46 RURAL AND REGIONAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—REFERENCE
- 47 ENVIRONMENT, COMMUNICATIONS AND THE ARTS REFERENCES COMMITTEE—REFERENCE
- 48 FOREIGN AFFAIRS—SRI LANKA
- 49 FOREIGN AFFAIRS—CHINA AND TAIWAN
- 50 COMMUNITY AFFAIRS REFERENCES COMMITTEE—REFERENCE
- 51 ENVIRONMENT—GREEN LOANS PROGRAM
- 52 ENVIRONMENT—NATIONAL CONTAINER DEPOSIT SCHEME
- 53 ENVIRONMENT, COMMUNICATIONS AND THE ARTS REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 54 AGRICULTURAL AND RELATED INDUSTRIES—SELECT COMMITTEE—EXTENSION OF TIME TO REPORT
- 55 HEALTH—MINIMUM PRICE FOR ALCOHOL
- 56 INDIGENOUS AUSTRALIANS—HUMAN RIGHTS
- 57 TAXATION
- 58 NOTICE
- 59 PUBLICATIONS—STANDING COMMITTEE—19TH REPORT
- 60 EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS REFERENCES COMMITTEE—INTERIM REPORT—PRIMARY SCHOOLS FOR THE 21ST CENTURY PROGRAM
- 61 PARLIAMENTARY ENTITLEMENTS—PERSONAL EXPLANATION
- 62 ROUTINE OF BUSINESS—PROPOSED VARIATION
- 63 COMMITTEES—ADDITIONAL INFORMATION—BUDGET AND ADDITIONAL ESTIMATES 2009-10 AND BUDGET ESTIMATES 2010-11
- 64 PUBLIC ACCOUNTS AND AUDIT—JOINT STATUTORY COMMITTEE—417TH REPORT
- 65 INSURANCE CONTRACTS AMENDMENT BILL 2010
- 66 AVIATION TRANSPORT SECURITY AMENDMENT REGULATIONS—PROPOSED DISALLOWANCE
- 67 COMMUNITY AFFAIRS REFERENCES COMMITTEE—REPORT—SUICIDE IN AUSTRALIA
- 68 AVIATION TRANSPORT SECURITY AMENDMENT REGULATIONS—DISALLOWANCE
- 69 ENVIRONMENT, COMMUNICATIONS AND THE ARTS REFERENCES COMMITTEE—REPORT—AUSTRALIA POST'S TREATMENT OF INJURED AND ILL WORKERS
- 70 PUBLICATIONS—JOINT STANDING COMMITTEE—REPORT—ELECTRONIC PARLIAMENTARY PAPERS SERIES
- 71 BANKRUPTCY LEGISLATION AMENDMENT BILL 2009—EXPLANATORY MEMORANDUM
- 72 SELECTION OF BILLS—STANDING COMMITTEE—REPORT NO. 10 OF 2010
- 73 ADMINISTRATION—GOVERNMENT SERVICE DELIVERY
- 74 ROUTINE OF BUSINESS—VARIATION
- 75 ELECTORAL AND REFERENDUM AMENDMENT (MODERNISATION AND OTHER MEASURES) BILL 2010
- 76 ROUTINE OF BUSINESS—VARIATION
- 77 HEALTHCARE IDENTIFIERS BILL 2010E HEALTHCARE IDENTIFIERS (CONSEQUENTIAL AMENDMENTS) BILL 2010
- 78 ROUTINE OF BUSINESS—VARIATION
- 79 FARM HOUSEHOLD SUPPORT AMENDMENT (ANCILLARY BENEFITS) BILL 2010
- 80 BANKRUPTCY LEGISLATION AMENDMENT BILL 2009E ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES) BILL 2010E RENEWABLE ENERGY (ELECTRICITY) AMENDMENT BILL 2010E TRADE PRACTICES AMENDMENT (AUSTRALIAN CONSUMER LAW) E BILL (NO. 2) 2010E TRADE PRACTICES AMENDMENT (INFRASTRUCTURE ACCESS) BILL 2009
- 81 PARLIAMENTARY COMMITTEE REPORTS—PRESIDENT'S REPORT—GOVERNMENT RESPONSES OUTSTANDING
- 82 AUDITOR-GENERAL—AUDIT REPORTS NOS 49 AND 50 OF 2009-10—DOCUMENTS
- 83 DOCUMENTS
- 84 FINANCE—FINANCIAL ADVICE—MINISTERIAL STATEMENT—DOCUMENT
- 85 PARLIAMENTARIANS' EXPENDITURE ON ENTITLEMENTS—DOCUMENT
- 86 FORMER PARLIAMENTARIANS' EXPENDITURE ON ENTITLEMENTS—DOCUMENT
- 87 PARLIAMENTARIANS' OVERSEAS STUDY TRAVEL REPORTS—DOCUMENT
- 88 DEPARTMENT OF DEFENCE—SPECIAL PURPOSE FLIGHTS—DOCUMENT
- 89 ENVIRONMENT—PACKAGING AND BEVERAGE CONTAINER WASTE MANAGEMENT—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 90 COMMITTEE MEMBERSHIP
- 91 NEXT MEETING OF SENATE
- 92 LEAVE OF ABSENCE
- 93 NOTICE
- 94 ADJOURNMENT
- 95 ATTENDANCE
ELECTORAL AND REFERENDUM AMENDMENT (HOW-TO-VOTE CARDS AND OTHER MEASURES) BILL 2010Order of the day read for the adjourned debate on the motion of the Minister for Employment Participation (Senator Arbib)—That this bill be now read a second time. Debate resumed. Question put and passed. Bill read a second time. The Senate resolved itself into committee for the consideration of the bill. In the committee Bill taken as a whole by leave. Explanatory memorandum: The Special Minister of State (Senator Ludwig) tabled a supplementary explanatory memorandum relating to the government amendment to be moved to the bill. On the motion of Senator Ludwig the following amendment was agreed to: Schedule 1, item 1, page 3 (lines 15 to 21), omit paragraphs (b) and (c) of the definition of how-to-vote card, substitute: (b) that lists the names of 2 or more of the candidates or registered political parties in an election, with a number indicating the order of voting preference in conjunction with the names of 2 or more of the candidates or parties; or (c) that otherwise directs or encourages the casting of votes in an election in a particular way, other than a card, handbill or pamphlet: (i) that only relates to first preference votes; or (ii) that only relates to last preference votes. On the motion of Senator Ronaldson the following amendments, taken together by leave, were agreed to: Schedule 1, item 6, page 4 (line 6), after "top", insert "or bottom". Schedule 1, item 6, page 5 (line 13), omit "10 penalty units", substitute "50 penalty units". Schedule 1, item 6, page 5 (line 30), omit "10 penalty units", substitute "50 penalty units". Schedule 1, item 7, page 6 (line 2), after "top", insert ", bottom". Senator Xenophon moved the following amendments together by leave: Page 9 (after line 5), at the end of the bill, add:
Schedule 3—Amendment relating to misleading or deceptive conduct
Commonwealth Electoral Act 1918
Insert:
329A Misleading or deceptive conduct (1) A person commits an offence if: (a) the person either: (i) engages in conduct; or (ii) authorises another person to engage in conduct; and (b) that conduct occurs during the relevant period in relation to an election under this Act; and (c) that conduct is likely to mislead or deceive an elector in relation to the casting of a vote. Penalty: (a) if the offender is a natural person—$1,000 or 6 months' imprisonment; or (b) if the offender is a body corporate—$5,000. (2) In a prosecution of a person under subsection (1), it is a defence if the person proves that he or she did not know, and could not reasonably be expected to have known, that the conduct was likely to mislead or deceive an elector in relation to the casting of a vote. Note: A defendant bears a legal burden in relation to the defence in subsection (2) (see section 13.4 of the Criminal Code). (3) If the Electoral Commissioner is satisfied that, during the relevant period in relation to an election under this Act, a person is engaging in, or has engaged in, conduct that is likely to mislead or deceive an elector in relation to the casting of a vote, the Electoral Commissioner may request the person to desist from that conduct. (4) In proceedings for an offence under this section, the court may take into account a person's response to a request under subsection (3) in assessing any penalty to which the person may be liable. (5) If the court is satisfied, in proceedings for an offence under this section, that a person has engaged in conduct that is likely to mislead or deceive an elector in relation to the casting of a vote, the court may order the person to desist from that conduct. 2 Application of amendment The amendment made by this Schedule applies in relation to elections the writs for which are issued on or after the commencement of the amendment. Clause 2, page 2 (before line 1), at the end of the table, add: 4. Schedule 3The day this Act receives the Royal Assent. Debate ensued. Question—That the amendments be agreed to—put and negatived. Bill, as amended, agreed to. Bill to be reported with amendments.
On the motion of Senator Arbib the report from the committee was adopted and the bill read a third time. | |