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NOTICES

Notices of motion:

The Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans): To move on the next day of sitting—That the following bill be introduced: A Bill for an Act to establish the National Vocational Education and Training Regulator, and for related purposes. National Vocational Education and Training Regulator Bill 2010.

The Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans): To move on the next day of sitting—That the following bill be introduced: A Bill for an Act to deal with transitional matters arising from the enactment of the National Vocational Education and Training Regulator Act 2010, and for related purposes. National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010.


The Leader of The Nationals in the Senate (Senator Joyce): To move on the next day of sitting—That the Senate—

 (a) notes:

  (i) the conflicting and confusing positions of the Labor Government in regards to the legal interpretation of the Water Act 2007,

  (ii) that the Minister for Sustainability, Environment, Water, Population and Communities tabled legal advice from the Australian Government Solicitor in the House of Representatives on 25 October 2010 stating that `The nature of the decision-making in relation to the Plan involves the application of broad concepts and there is therefore scope for the consideration of how economic, social and environmental outcomes should be optimised',

  (iii) that the Chairman of the Murray-Darling Basin Authority, Mr Mike Taylor, responded by stating that this advice disagrees with previous advice the Authority had received stating `... clearly the advice we'd had to date had indicated that we were obliged to meet the requirements of adhering to international agreement, and ensuring that we met the environmental flows required to maintain and restore key environmental assets and key ecosystems, and that it was not subject to social and economic impacts', and

  (iv) that, in a statement on 26 October 2010, the Authority revealed that this advice had come from the Minister's Department of Sustainability, Environment, Water, Population and Communities, in close consultation with the Australian Government Solicitor for legal interpretation; and

 (b) resolves that, to clear up the confusion on the legal interpretation, and the consequent effect that it is having on the prospects for jobs and investment in Basin communities, there be laid on the table by the Minister representing the Minister for Sustainability, Environment, Water, Population and Communities, no later than Monday, 13 December 2010, all the advice that the Department of Sustainability, Environment, Water, Population and Communities, the Murray-Darling Basin Authority, the Minister's office and the Australian Government Solicitor have received or provided on this matter. (general business notice of motion no. 143)

The Leader of the Australian Greens (Senator Bob Brown): To move on the next day of sitting—That the Senate—

 (a) notes that:

  (i) Christmas Day falls on a Saturday in 2010,

  (ii) in some parts of Australia, notably Victoria, South Australia, the Northern Territory and the Australian Capital Territory, workers who are working on Christmas Day will not receive public holiday penalty rates,

  (iii) the Tasmanian Parliament recently moved to ensure workers in Tasmania received fair compensation this Christmas, and

  (iv) it is unjust for workers having to work on Christmas Day not to receive appropriate remuneration for having to sacrifice time with family and friends at Christmas; and

 (b) calls on the Government to ensure a common standard across the country that public holiday penalty rates are paid to all workers who have to work on Christmas Day regardless of the day of the week Christmas falls on. (general business notice of motion no. 144)


Senator Fifield: To move on the next day of sitting—That the Senate notes after 3 years in Government, Labor has lost its way and failed to deliver on its commitments to the Australian people. (general business notice of motion no. 145)

The Chair of the Community Affairs Legislation Committee (Senator Moore): To move on the next day of sitting—That the time for the presentation of the report of the Community Affairs Legislation Committee on the Food Standards Amendment (Truth in Labelling—Palm Oil) Bill 2010 be extended to 16 June 2011. (general business notice of motion no. 146)

Senator Brandis: To move on the next day of sitting—That the following bill be introduced: A Bill for an Act to establish a process for assisting victims of overseas terrorist acts, and for related purposes. Assisting Victims of Overseas Terrorism Bill 2010. (general business notice of motion no. 147)

Senators Ludlam and Kroger: To move on the next day of sitting—That the following matter be referred to the Foreign Affairs, Defence and Trade References Committee for inquiry and report by 30 November 2011:

Procurement procedures for items identified in the Defence White Paper, Defending Australia in the Asia Pacific Century: Force 2030, and, in particular:

 (a) assess the procurement procedures utilised for major defence capital projects currently underway or foreshadowed in the Defence White Paper, including the operations of the Capability Development Group and its relevant subcommittees;

 (b) assess the timeline proposed for defence modernisation and procurement outlined in the Defence White Paper;

 (c) assess proposals arising from the Defence accountability reviews, including the Mortimer Review, the Pappas Review and the McKinsey Report (2010), in regard to enhancing accountability and disclosure for defence procurement; and

 (d) make recommendations for enhancing the availability of public information and parliamentary oversight and scrutiny of defence procurement in the context of a guaranteed 3 per cent real growth in the Defence budget until 2017-18.

Senator Ludlam: To move on the next day of sitting—That the Senate—

 (a) notes that:

  (i) there has been a long-running armed conflict in the Philippines since 1969,

  (ii) both President Benigno Aquino III and the National Democratic Front of the Philippines have expressed the desire to resume the peace negotiations between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines which began in 1992 and were suspended in 2005,

  (iii) President Aquino has taken a positive step by appointing a new negotiating panel headed by former human rights lawyer Alexander Padilla, and

  (iv) the Royal Norwegian Government is the third party facilitator of these peace negotiations and is actively supporting the resumption of the peace negotiations;

 (b) urges the immediate resumption of peace talks between the National Democratic Front of the Philippines and the Government of the Republic of the Philippines;


 (c) recognises and supports the 12 October 2010 call of the Philippine Ecumenical Peace Platform, headed by the Most Reverend Deogracias S Iiguez Junior, for the resumption of the peace talks between the National Democratic Front of the Philippines and the Government of the Republic of the Philippines;

 (d) encourages the Government of the Republic of the Philippines to take all measures necessary to ensure all agencies and arms of its administration, including the military and the police services, adhere to the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law signed between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines on 16 March 1998; and

 (e) welcomes the opportunity for the peace negotiations between the Government of the Republic of the Philippines and the National Democratic Front of the Philippines, encourages both parties to engage in a wholehearted effort to address the basic causes of the long-running conflict and expresses our sincere hopes for their success. (general business notice of motion no. 148)

Senator Fisher: To move on the next day of sitting—That the Senate—

 (a) notes that the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) has failed, by way of ministerial statement tabled on 23 November 2010, to provide the information required by the Senate by 22 November 2010 in relation to various documents relating to the National Broadband Network (NBN), including:

  (i) the complete text of the departmental `Red Book' advice provided to the incoming Government about the NBN, including text `blacked out' in the version of the `Red Book' publicly released on 16 November 2010 and, including in particular, text reflecting NBN Co's view of any recommendations made in the McKinsey and Company and KPMG Implementation Study,

  (ii) in respect of sites chosen for early roll-out of the NBN:

   (A) the criteria (including engineering advice) used as the basis for choosing each of the stage 1 and seven stage 2 sites in Tasmania (to which the Minister referred in Senate Estimates on 25 May 2010), and

   (B) the `commercial, construction and local authority acceptance criteria' (to which reference is made on page 12 of the NBN Co annual report for 2009-10, tabled in the Senate on 15 November 2010) used as the basis for choosing each of the first and second release sites around the rest of Australia, and

  (iii) the agreed set of enterprise bargaining agreement principles `signed and agreed by the ACTU, coordinating right through with the CEPU and a range of other unions' (to which the Minister referred to in Senate question time on 15 November 2010) and on which the Minister based his reassurance (also made during Senate question time on 15 November 2010) that `there is no suggestion at all that there would be a wages blow-out' in rolling out the NBN;

 (b) notes the agreements between the Government and other parties and independents to refer disputes about disclosures to the Information Commissioner who is to arbitrate on the release of documents; and

 (c) orders that, given the Government's failure to produce the information required by the Senate within the specified timeframe, there be laid on the table by 24 December 2010, a report on the matter by the Information Commissioner, including a review of the adequacy of any grounds specified by the
Government for its failure to produce the information and, if applicable, his arbitration on the release of the information. (general business notice of motion no. 149)

The Minister for Innovation, Industry, Science and Research (Senator Carr): To move on the next day of sitting—That, on Thursday, 25 November 2010:

 (a) the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to adjournment;

 (b) consideration of general business and consideration of committee reports, government responses and Auditor-General's reports under standing order 62(1) and (2) shall not be proceeded with;

 (c) the routine of business from 12.45 pm till not later than 2 pm, and from not later than 4.30 pm shall be government business only;

 (d) divisions may take place after 4.30 pm;

 (e) the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the bills listed below, including any messages from the House of Representatives:

   Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010

   Tax Laws Amendment (Research and Development) Bill 2010 and Income Tax Rates Amendment (Research and Development) Bill 2010

   Tax Laws Amendment (Confidentiality of Taxpayer Information) e Bill 2010

   Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Budget and Other Measures) Bill 2010; and

 (f) if the Senate is sitting at 10.30 pm, the sitting of the Senate shall be suspended till 9 am on Friday, 26 November 2010.

Senator Hanson-Young: To move on the next day of sitting—That the Senate calls on the Government to request the Murray-Darling Basin Authority to agree to produce the modelling for the socio-economic impacts of the sustainable diversion limit scenarios of 5 000, 6 000 and 7 600 gigalitres of water to the basin. (general business notice of motion no. 150)

The Minister for Innovation, Industry, Science and Research (Senator Carr): To move on the next day of sitting—That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

 Corporations Amendment (Sons of Gwalia) Bill 2010

 Financial Framework Legislation Amendment Bill 2010.

Documents: Senator Carr tabled the following documents:

  Consideration of legislation—Statements of reasons [2] for introduction and passage of the bills in the 2010 spring sittings.


Contingent notice of motion: The Leader of the Australian Greens (Senator Bob Brown): To move (contingent on business being called on)—That so much of the standing orders be suspended as would prevent the Broadcasting Legislation Amendment (Anti-Siphoning) Bill 2010 having precedence over all government business until determined.