DAYS AND HOURS OF MEETING AND ROUTINE OF BUSINESS—VARIATION
Leave refused: The Minister for Agriculture, Fisheries and Forestry (Senator Ludwig) sought leave to move a motion relating to the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
An objection was raised and leave was not granted.
Suspension of standing orders: Senator Ludwig, at the request of the Leader of the Government in the Senate (Senator Evans) and pursuant to contingent notice, moved—That so much of the standing orders be suspended as would prevent Senator Evans moving a motion to provide for the consideration of a matter, namely a motion to give precedence to a motion to vary the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
Debate ensued.
Question put.
The Senate divided—
AYES, 34
Senators—
Arbib
Bilyk
Bishop
Brown, Bob
Brown, Carol
Cameron
Carr
Collins
Crossin
Farrell
Faulkner
Feeney
Fielding
Forshaw
Furner
Hanson-Young
Hogg
Hurley
Ludlam
Ludwig
Lundy
Marshall
McEwen (Teller)
McLucas
Milne
Moore
Polley
Pratt
Sherry
Siewert
Stephens
Sterle
Wortley
Xenophon
NOES, 32
Senators—
Abetz
Adams
Back
Barnett
Bernardi
Boswell
Boyce
Brandis
Bushby
Cash
Colbeck
Coonan
Cormann
Ferguson
Fifield
Fisher
Heffernan
Humphries
Johnston
Joyce
Kroger
Macdonald
McGauran
Nash
Parry (Teller)
Payne
Ronaldson
Ryan
Scullion
Troeth
Trood
Williams
Question agreed to.
Senator Ludwig, at the request of Senator Evans, moved—That a motion to vary the days and hours of meeting and routine of business for today and Friday, 26 November 2010 may be moved immediately and have precedence over all other business today till determined.
Closure: Senator Ludwig moved—That the question be now put.
Question—That the question be now put—put.
The Senate divided—
AYES,34
| Senators— | | Arbib | Farrell | Ludlam | Pratt | | Bilyk | Faulkner | Ludwig | Sherry | | Bishop | Feeney | Lundy | Siewert | | Brown, Bob | Fielding | Marshall | Stephens | | Brown, Carol | Forshaw | McEwen (Teller) | Sterle | | Cameron | Furner | McLucas | Wortley | | Carr | Hanson-Young | Milne | Xenophon | | Collins | Hogg | Moore | | Crossin | Hurley | Polley |
NOES, 32
| Senators— | | Abetz | Bushby | Fisher | Nash | | Adams | Cash | Heffernan | Parry (Teller) | | Back | Colbeck | Humphries | Payne | | Barnett | Coonan | Johnston | Ronaldson | | Bernardi | Cormann | Kroger | Ryan | | Boswell | Ferguson | Macdonald | Scullion | | Boyce | Fierravanti-Wells | McGauran | Troeth | | Brandis | Fifield | Minchin | Trood |
Question agreed to.
Main question put.
The Senate divided—
AYES,34
| Senators— | | Arbib | Farrell | Ludlam | Pratt | | Bilyk | Faulkner | Ludwig | Sherry | | Bishop | Feeney | Lundy | Siewert | | Brown, Bob | Fielding | Marshall | Stephens | | Brown, Carol | Forshaw | McEwen (Teller) | Sterle | | Cameron | Furner | McLucas | Wortley | | Carr | Hanson-Young | Milne | Xenophon | | Collins | Hogg | Moore | | Crossin | Hurley | Polley |
NOES, 32
| Senators— | | Abetz | Bushby | Fisher | Nash | | Adams | Cash | Heffernan | Parry (Teller) | | Back | Colbeck | Humphries | Payne | | Barnett | Coonan | Johnston | Ronaldson | | Bernardi | Cormann | Kroger | Ryan | | Boswell | Ferguson | Macdonald | Scullion | | Boyce | Fierravanti-Wells | McGauran | Troeth | | Brandis | Fifield | Minchin | Trood |
Question agreed to.
Senators sought clarification of the proceedings.
Leave refused: Senator Brandis sought leave to move a motion to take note of the President's explanation of the proceedings to this point.
An objection was raised and leave was not granted.
Proposed suspension of standing orders: Senator Brandis moved—That so much of the standing orders be suspended as would prevent him moving a motion to take note of the President's explanation of the proceedings to this point.
Closure: Senator Ludwig moved—That the question be now put.
Question—That the question be now put—put.
The Senate divided—
AYES,34
| Senators— | | Arbib | Farrell | Ludlam | Pratt | | Bilyk | Faulkner | Ludwig | Sherry | | Bishop | Feeney | Lundy | Siewert | | Brown, Bob | Fielding | Marshall | Stephens | | Brown, Carol | Forshaw | McEwen (Teller) | Sterle | | Cameron | Furner | McLucas | Wortley | | Carr | Hanson-Young | Milne | Xenophon | | Collins | Hogg | Moore | | Evans | Hurley | Polley |
NOES, 32
| Senators— | | Abetz | Bushby | Fisher | Nash | | Adams (Teller) | Cash | Heffernan | Parry | | Back | Colbeck | Humphries | Payne | | Barnett | Coonan | Johnston | Ronaldson | | Bernardi | Cormann | Kroger | Ryan | | Boswell | Ferguson | Macdonald | Scullion | | Boyce | Fierravanti-Wells | McGauran | Troeth | | Brandis | Fifield | Minchin | Trood |
Question agreed to.
Question—That the motion to suspend standing orders be agreed to—put.
The Senate divided—
AYES,32
| Senators— | | Abetz | Bushby | Fisher | Nash | | Adams (Teller) | Cash | Heffernan | Parry | | Back | Colbeck | Humphries | Payne | | Barnett | Coonan | Johnston | Ronaldson | | Bernardi | Cormann | Kroger | Ryan | | Boswell | Ferguson | Macdonald | Scullion | | Boyce | Fierravanti-Wells | McGauran | Troeth | | Brandis | Fifield | Minchin | Trood |
NOES, 34
| Senators— | | Arbib | Farrell | Ludlam | Pratt | | Bilyk | Faulkner | Ludwig | Sherry | | Bishop | Feeney | Lundy | Siewert | | Brown, Bob | Fielding | Marshall | Stephens | | Brown, Carol | Forshaw | McEwen (Teller) | Sterle | | Cameron | Furner | McLucas | Wortley | | Carr | Hanson-Young | Milne | Xenophon | | Crossin | Hogg | Moore | | Evans | Hurley | Polley |
Question negatived.
Senator Ludwig moved—That—
(1) On Thursday, 25 November 2010, the hours of meeting shall be 9.30 am to 7 pm and 7.30 pm to 10 pm.
(2) The Senate meet on Friday, 26 November 2010, and that the hours of meeting shall be 9 am to 3.30 pm.
(3) The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 be called on immediately and have precedence over all other business until determined, except at 2 pm on Thursday, 25 November 2010, questions without notice shall be asked for one hour.
(4) The Telecommunications Legislation Amendment (Competition and Consumer Safeguards) Bill 2010 shall be considered under a limitation of debate.
(5) The time allocated for the remaining stages of the bill shall be as follows:
(a) committee of the whole—until 11.45 am, on Friday, 26 November 2010;
(b) all remaining stages—until noon, on Friday, 26 November 2010; and
(c) this order operate as an allocation of time under standing order 142.
(6) At the conclusion of the consideration of the business listed in paragraph (3), the order of business shall be:
(a) tabling of a report of the Selection of Bills Committee;
(b) consideration of the following government business notices of motion:
No. 1—Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans) - Introduction of the National Vocational Education and Training Regulator Bill 2010
No. 2—Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans) - Introduction of the National Vocational Education and Training Regulator (Transitional Provisions) Bill 2010
No. 3—Minister for Innovation, Industry, Science and Research (Senator Carr) - Exemption of bills from the provisions of paragraphs (5) to (8) of standing order 111 concerning the consideration of legislation (Corporations Amendment (Sons of Gwalia) Bill 2010; and Financial Framework Legislation Amendment Bill 2010)
No. 5—Parliamentary Secretary for Sustainability and Urban Water (Senator Farrell) - Approval of works within the Parliamentary Zone (external expansion to the Abacus childcare centre at the Treasury building); and
(c) consideration of the following government business orders of the day:
No. 4 Airports Amendment Bill 2010
No. 5 Tax Laws Amendment (Confidentiality of Taxpayer Information ) Bill 2010
No. 6 Radiocommunications Amendment Bill 2010
No. 7 Family Law Amendment (Validation of Certain Parenting Orders and Other Measures) Bill 2010
Corporations Amendment (Sons of Gwalia) Bill 2010
No. 8 Health Insurance Amendment (Pathology Requests) Bill 2010
Financial Framework Legislation Amendment Bill 2010
No. 9 Therapeutic Goods Amendment (2010 Measures No. 1) Bill 2010
No. 10 Territories Law Reform Bill 2010.
(7) Notices of motion may be lodged in writing on Friday, 26 November 2010.
Closure: Senator Ludwig moved—That the question be now put.
Question—That the question be now put—put.
The Senate divided—
AYES,34
| Senators— | | Arbib | Evans | Ludlam | Pratt | | Bilyk | Faulkner | Ludwig | Siewert | | Bishop | Feeney | Lundy | Stephens | | Brown, Bob | Fielding | Marshall | Sterle | | Brown, Carol | Forshaw | McEwen (Teller) | Wong | | Cameron | Furner | McLucas | Wortley | | Collins | Hanson-Young | Milne | Xenophon | | Conroy | Hogg | Moore | | Crossin | Hurley | Polley |
NOES, 32
| Senators— | | Abetz | Bushby | Heffernan | Nash | | Adams (Teller) | Cash | Humphries | Parry | | Back | Colbeck | Johnston | Payne | | Barnett | Coonan | Kroger | Ronaldson | | Bernardi | Cormann | Macdonald | Ryan | | Boswell | Ferguson | Mason | Scullion | | Boyce | Fifield | McGauran | Troeth | | Brandis | Fisher | Minchin | Trood |
Question agreed to.
Question—That the motion to vary the days and hours of meeting and routine of business for today and Friday, 26 November 2010 be agreed to—put.
The Senate divided—
AYES,37
| Senators— | | Arbib | Evans | Ludlam | Sherry | | Bilyk | Farrell | Ludwig | Siewert | | Bishop | Faulkner | Lundy | Stephens | | Brown, Bob | Feeney | Marshall | Sterle | | Brown, Carol | Fielding | McEwen (Teller) | Wong | | Cameron | Forshaw | McLucas | Wortley | | Carr | Furner | Milne | Xenophon | | Collins | Hanson-Young | Moore | | Conroy | Hogg | Polley | | Crossin | Hurley | Pratt |
NOES, 35
| Senators— | | Abetz | Cash | Humphries | Parry | | Adams (Teller) | Colbeck | Johnston | Payne | | Back | Coonan | Joyce | Ronaldson | | Barnett | Cormann | Kroger | Ryan | | Bernardi | Ferguson | Macdonald | Scullion | | Boswell | Fierravanti-Wells | Mason | Troeth | | Boyce | Fifield | McGauran | Trood | | Brandis | Fisher | Minchin | Williams | | Bushby | Heffernan | Nash |
Question agreed to.
Leave refused: Senator Brandis sought leave to move a motion to vary the order for the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
An objection was raised and leave was not granted.
Proposed suspension of standing orders: Senator Brandis moved—That so much of the standing orders be suspended as would prevent him moving a motion to vary the order for the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
Closure: Senator Ludwig moved—That the question be now put.
Question—That the question be now put—put.
The Senate divided—
AYES,37
| Senators— | | Arbib | Evans | Ludlam | Sherry | | Bilyk | Farrell | Ludwig | Siewert | | Bishop | Faulkner | Lundy | Stephens | | Brown, Bob | Feeney | Marshall | Sterle | | Brown, Carol | Fielding | McEwen (Teller) | Wong | | Cameron | Forshaw | McLucas | Wortley | | Carr | Furner | Milne | Xenophon | | Collins | Hanson-Young | Moore | | Conroy | Hogg | Polley | | Crossin | Hurley | Pratt |
NOES, 35
| Senators— | | Abetz | Cash | Humphries | Parry | | Adams (Teller) | Colbeck | Johnston | Payne | | Back | Coonan | Joyce | Ronaldson | | Barnett | Cormann | Kroger | Ryan | | Bernardi | Ferguson | Macdonald | Scullion | | Boswell | Fierravanti-Wells | Mason | Troeth | | Boyce | Fifield | McGauran | Trood | | Brandis | Fisher | Minchin | Williams | | Bushby | Heffernan | Nash |
Question agreed to.
Question—That the motion to suspend standing orders be agreed to—put.
The Senate divided—
AYES,35
| Senators— | | Abetz | Cash | Humphries | Parry | | Adams (Teller) | Colbeck | Johnston | Payne | | Back | Coonan | Joyce | Ronaldson | | Barnett | Cormann | Kroger | Ryan | | Bernardi | Ferguson | Macdonald | Scullion | | Boswell | Fierravanti-Wells | Mason | Troeth | | Boyce | Fifield | McGauran | Trood | | Brandis | Fisher | Minchin | Williams | | Bushby | Heffernan | Nash |
NOES, 37
| Senators— | | Arbib | Evans | Ludlam | Sherry | | Bilyk | Farrell | Ludwig | Siewert | | Bishop | Faulkner | Lundy | Stephens | | Brown, Bob | Feeney | Marshall | Sterle | | Brown, Carol | Fielding | McEwen (Teller) | Wong | | Cameron | Forshaw | McLucas | Wortley | | Carr | Furner | Milne | Xenophon | | Collins | Hanson-Young | Moore | | Conroy | Hogg | Polley | | Crossin | Hurley | Pratt |
Question negatived.
Leave refused: Senator Macdonald sought leave to move a motion to vary the order for the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
An objection was raised and leave was not granted.
Proposed suspension of standing orders: Senator Macdonald moved—That so much of the standing orders be suspended as would prevent him moving a motion to vary the order for the days and hours of meeting and routine of business for today and Friday, 26 November 2010.
Ruling of President: The President ruled that he could not receive another motion for the suspension of standing orders to amend the order for the days and hours of meeting and routine of business for today and Friday, 26 November 2010 already agreed to by the Senate. This was the second suspension of standing orders to amend the order agreed to by the Senate. Such a motion was not in order. Once the Senate has been asked to suspend the standing orders to depart from the order of business on one such occasion and has declined to do so, the request should not be capable of being repeatedly made, because this would provide a means of permanently obstructing the business of the Senate.
Leave refused: Senator Macdonald sought leave to move a motion to take note of the President's ruling.
An objection was raised and leave was not granted.
Proposed suspension of standing orders: Senator Macdonald moved—That so much of the standing orders be suspended as would prevent him moving a motion to take note of the President's ruling.
Debate ensued.
Closure: The Minister for Tertiary Education, Skills, Jobs and Workplace Relations (Senator Evans) moved—That the question be now put.
Question—That the question be now put—put.
The Senate divided—
AYES,36
| Senators— | | Arbib | Crossin | Hogg | Moore | | Bilyk | Evans | Hurley | Polley | | Bishop | Farrell | Ludlam | Pratt | | Brown, Bob | Faulkner | Ludwig | Siewert | | Brown, Carol | Feeney | Lundy | Stephens | | Cameron | Fielding | Marshall | Sterle | | Carr | Forshaw | McEwen (Teller) | Wong | | Collins | Furner | McLucas | Wortley | | Conroy | Hanson-Young | Milne | Xenophon |
NOES, 34
| Senators— | | Abetz | Cash | Humphries | Payne | | Adams | Colbeck | Johnston | Ronaldson | | Back | Coonan | Joyce | Ryan | | Barnett | Cormann | Kroger | Scullion | | Bernardi | Ferguson | Macdonald | Troeth | | Boswell | Fierravanti-Wells | Mason | Trood | | Boyce | Fifield | Minchin | Williams | | Brandis | Fisher | Nash | | Bushby (Teller) | Heffernan | Parry |
Question agreed to.
Question—That the motion to suspend standing orders be agreed to—put.
The Senate divided—
AYES,34
| Senators— | | Abetz | Cash | Humphries | Payne | | Adams | Colbeck | Johnston | Ronaldson | | Back | Coonan | Joyce | Ryan | | Barnett | Cormann | Kroger | Scullion | | Bernardi | Ferguson | Macdonald | Troeth | | Boswell | Fierravanti-Wells | Mason | Trood | | Boyce | Fifield | Minchin | Williams | | Brandis | Fisher | Nash | | Bushby (Teller) | Heffernan | Parry |
NOES, 36
| Senators— | | Arbib | Crossin | Hogg | Moore | | Bilyk | Evans | Hurley | Polley | | Bishop | Farrell | Ludlam | Pratt | | Brown, Bob | Faulkner | Ludwig | Siewert | | Brown, Carol | Feeney | Lundy | Stephens | | Cameron | Fielding | Marshall | Sterle | | Carr | Forshaw | McEwen (Teller) | Wong | | Collins | Furner | McLucas | Wortley | | Conroy | Hanson-Young | Milne | Xenophon |
Question negatived. |