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Senate Journal No. 12 - 22 November 2010
- 1 MEETING OF SENATE
- 2 TELECOMMUNICATIONS LEGISLATION AMENDMENT (COMPETITION AND CONSUMER SAFEGUARDS) BILL 2010
- 3 QUESTIONS
- 4 MOTION TO TAKE NOTE OF ANSWERS
- 5 NOTICES
- 6 RURAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 7 POSTPONEMENTS
- 8 PLASTIC BAG LEVY (ASSESSMENT AND COLLECTION) BILL 2010
- 9 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—LEAVE TO MEET DURING SITTING
- 10 ENVIRONMENT—CLIMATE CHANGE
- 11 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—EXTENSION OF TIME TO REPORT
- 12 ADMINISTRATION—AUSTRALIAN INFORMATION COMMISSIONER—PROVISION OF INFORMATION
- 13 HEALTH—NATIONAL BOWEL CANCER SCREENING PROGRAM
- 14 NOTICE
- 15 URGENCY MOTION—ENVIRONMENT—CLIMATE CHANGE
- 16 PARLIAMENTARY ZONE—CAPITAL WORKS PROPOSAL—DOCUMENTS
- 17 DOCUMENTS
- 18 DEPARTMENTAL AND AGENCY APPOINTMENTS AND VACANCIES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 19 DEPARTMENTAL AND AGENCY GRANTS—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENTS
- 20 GOVERNOR-GENERAL'S MESSAGES—ASSENT TO LAWS
- 21 COMMITTEE MEMBERSHIP
- 22 HIGHER EDUCATION LEGISLATION AMENDMENT (STUDENT SERVICES AND AMENITIES) BILL 2010
- 23 CRIMINAL CODE AMENDMENT (CLUSTER MUNITIONS PROHIBITION) BILL 2010E FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) BILL 2010
- 24 PARLIAMENTARY BUDGET OFFICE—JOINT SELECT COMMITTEE—APPOINTMENT
- 25 COMMITTEE MEMBERSHIP
- 26 EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION COMMITTEE—REPORT—EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT BILL 2010
- 27 COMMUNITY AFFAIRS LEGISLATION COMMITTEE—REPORT—SCHEDULES 2 AND 3 OF THE FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (BUDGET AND OTHER MEASURES) E BILL 2010
- 28 COMMUNITY AFFAIRS LEGISLATION COMMITTEE—REPORT—NATIONAL HEALTH AND HOSPITALS NETWORK BILL 2010
- 29 PROCEDURE—STANDING COMMITTEE—FOURTH REPORT OF 2010—CONSIDERATION
- 30 TELECOMMUNICATIONS LEGISLATION AMENDMENT (COMPETITION AND CONSUMER SAFEGUARDS) BILL 2010
- 31 DAYS OF MEETING
- 32 NATIONAL HEALTH AMENDMENT (PHARMACEUTICAL BENEFITS SCHEME) E BILL 2010
- 33 TAX LAWS AMENDMENT (2010 MEASURES NO. 4) BILL 2010
- 34 TERRITORIES LAW REFORM BILL 2010
- 35 ADJOURNMENT
- 36 ATTENDANCE
ADMINISTRATION—AUSTRALIAN INFORMATION COMMISSIONER—PROVISION OF INFORMATIONSenator Cormann, pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 116—That the Senate— (a) notes: (i) the response by the Information Commissioner to three orders of the Senate seeking information about the Government's proposed mining tax, dated 26 October 2010, which was tabled in the Senate on 15 November 2010, and (ii) that the Information Commissioner is of the view that it is not open to him to provide a report to the Senate as ordered because the statute which established his office does not encompass the function envisaged by the Senate in its orders, or by the Government in the agreements on parliamentary reform; (b) advises the Information Commissioner as follows: (i) that under section 49 of the Constitution the Senate has the undisputed power to order the production of documents necessary for its information, a power which encompasses documents already in existence and documents required to be created for the purpose of complying with the order, (ii) this power may be modified only by express statutory declaration, as required by section 49 of the Constitution, (iii) nothing in the Australian Information Commissioner Act 2010 is expressed as a declaration for the purpose of section 49 that would have the effect of limiting the exercise of the power by the Houses of the Commonwealth Parliament in respect of the Information Commissioner, (iv) multiple resolutions of the Senate affirm the principle that information may be withheld from it only following consideration by the Senate of a properly founded claim of public interest immunity, and (v) the Senate has on numerous occasions exercised its power to require statutory agencies and officers to produce information in response to orders; and (c) orders the Information Commissioner to reconsider his position as soon as possible and provide the information required by the Senate. Statements by leave: The Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) and Senators Ludlam and Cormann, by leave, made statements relating to the motion. Question put and passed.
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