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Senate Journal No. 19 - 10 February 2011
- 1 MEETING OF SENATE
- 2 SOCIAL SECURITY AMENDMENT (INCOME SUPPORT FOR REGIONAL STUDENTS) BILL 2010
- 3 PETITIONS
- 4 NOTICES
- 5 ROUTINE OF BUSINESS—VARIATION
- 6 PRIVATE SENATORS' BILLS—CONSIDERATION
- 7 POSTPONEMENTS
- 8 COMMUNICATIONS—COMMUNITY RADIO STATION 4ZZZ-FM—35TH ANNIVERSARY
- 9 NATIONAL VOCATIONAL EDUCATION AND TRAINING REGULATOR (CONSEQUENTIAL AMENDMENTS) BILL 2011E HIGHER EDUCATION SUPPORT AMENDMENT (NO. 1) BILL 2011
- 10 WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2011
- 11 COMMUNITY AFFAIRS REFERENCES COMMITTEE—EXTENSION OF TIME TO REPORT
- 12 WOMEN—REPRESENTATION OF WOMEN IN NATIONAL PARLIAMENTS
- 13 SUPERANNUATION—PRODUCTIVITY COMMISSION REPORT—ORDER FOR PRODUCTION OF DOCUMENT
- 14 ECONOMICS REFERENCES COMMITTEE—REFERENCE
- 15 RURAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—REFERENCE
- 16 HEALTH—MENTAL HEALTH—SISTERS OF CHARITY OUTREACH SERVICE
- 17 FINANCE—BANKS
- 18 INDUSTRY—DAIRY INDUSTRY AND MILK PRICES
- 19 FOREIGN AFFAIRS—UGANDA—HUMAN RIGHTS
- 20 SUPERANNUATION—INVESTMENT IN AUSTRALIAN ART
- 21 PUBLICATIONS—STANDING COMMITTEE—3RD REPORT
- 22 REGULATIONS AND ORDINANCES—STANDING COMMITTEE—DOCUMENT
- 23 COMMITTEES—ADDITIONAL INFORMATION—ESTIMATES
- 24 AVIATION CRIMES AND POLICING LEGISLATION AMENDMENT BILL 2010 [2011]E LAW AND JUSTICE LEGISLATION AMENDMENT (IDENTITY CRIMES AND OTHER MEASURES) BILL 2010 [2011]
- 25 LEGAL AND CONSTITUTIONAL AFFAIRS REFERENCES COMMITTEE—REPORT—DONOR CONCEPTION PRACTICES IN AUSTRALIA
- 26 EDUCATION SERVICES FOR OVERSEAS STUDENTS LEGISLATION AMENDMENT E BILL 2010 [2011]
- 27 FAMILY ASSISTANCE LEGISLATION AMENDMENT (CHILD CARE BUDGET MEASURES) BILL 2010
- 28 QUESTIONS
- 29 DEFENCE FORCE RETIREMENT AND DEATH BENEFITS AMENDMENT (FAIR INDEXATION) BILL 2010—EXPLANATORY MEMORANDUM
- 30 MOTIONS TO TAKE NOTE OF ANSWERS
- 31 ENVIRONMENT—MURRAY-DARLING BASIN AUTHORITY—PERSONAL EXPLANATION
- 32 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—HEALTH—HOSPITAL REFORM PROCESS
- 33 HISTORICAL EVENTS—COMMEMORATION OF THE 2ND ANNIVERSARY OF THE BLACK SATURDAY BUSHFIRES—MINISTERIAL STATEMENT—DOCUMENT
- 34 RURAL AND REGIONAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—GOVERNMENT RESPONSE—MANAGEMENT OF THE REMOVAL OF THE REBATE FOR AQIS EXPORT CERTIFICATION FUNCTIONS
- 35 TREATIES—JOINT STANDING COMMITTEE—GOVERNMENT RESPONSE—99TH REPORT
- 36 WORK OF COMMITTEES—DOCUMENT
- 37 AUDITOR-GENERAL—AUDIT REPORT NO. 27 OF 2010-11—DOCUMENT
- 38 PARTICULARS OF PROPOSED ADDITIONAL EXPENDITURE—2010-11—DOCUMENTS
- 39 ESTIMATES OF PROPOSED ADDITIONAL EXPENDITURE FOR 2010-11—PORTFOLIO ADDITIONAL ESTIMATES STATEMENTS—PORTFOLIOS AND EXECUTIVE DEPARTMENTS—DOCUMENTS
- 40 EDUCATION—BUILDING THE EDUCATION REVOLUTION—BILATERAL AGREEMENTS—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 41 LAW AND JUSTICE—WATER ACT 2007—LEGAL INTERPRETATION—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 42 SELECTION OF BILLS—STANDING COMMITTEE—REPORT NO. 1 OF 2011
- 43 DOCUMENTS
- 44 INDEXED LISTS OF DEPARTMENTAL AND AGENCY FILES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 45 DEPARTMENTAL AND AGENCY APPOINTMENTS AND VACANCIES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 46 DEPARTMENTAL AND AGENCY GRANTS—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 47 COMMITTEE MEMBERSHIP
- 48 GOVERNMENT DOCUMENTS—ORDERS OF THE DAY—CONSIDERATION
- 49 EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS LEGISLATION COMMITTEE—REPORT—SOCIAL SECURITY AMENDMENT (INCOME SUPPORT FOR REGIONAL STUDENTS) BILL 2010—CONSIDERATION
- 50 COMMITTEE REPORTS AND GOVERNMENT RESPONSES—ORDERS OF THE DAY—CONSIDERATION
- 51 AUDITOR-GENERAL'S REPORTS—ORDERS OF THE DAY—CONSIDERATION
- 52 ADJOURNMENT
- 53 ATTENDANCE
SUPERANNUATION—PRODUCTIVITY COMMISSION REPORT—ORDER FOR PRODUCTION OF DOCUMENTSenator Cormann, pursuant to notice of motion not objected to as a formal motion, moved general business notice of motion no. 162—That the Senate— (a) notes: (i) the response by the Chairman of the Productivity Commission to an order of the Senate seeking a report by the Commission on the design of a process for the selection and ongoing review of the superannuation funds, which was agreed to by the Senate on 16 November 2010, (ii) that in a letter to the Clerk of the Senate the Chairman of the Productivity Commission expressed the view that in his understanding `such a report would need to be commissioned by the Assistant Treasurer', (iii) that like the Australian Information Commissioner, the Chairman of the Productivity Commission appears to have confused a legitimate order of a House of the Australian Parliament for the production of a document, with a request to perform a specific function under his enabling statute, and (iv) with increasing concern this recently emerging trend of statutory agencies established by the Parliament failing to understand valid orders of the Senate and thereby threatening to interfere with the free exercise by the Senate of its authority and functions; (b) advises the Productivity 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 Productivity Commission Act 1998 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 Productivity Commission, (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) again orders the Productivity Commission to provide the report requested by the Senate consistent with its order agreed to on 16 November 2010. Question put and passed.
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