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Senate Journal No. 44 - 18 August 2011
- 1 MEETING OF SENATE
- 2 AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT (DISALLOWANCE AND AMENDMENT POWER OF THE COMMONWEALTH) BILL 2010
- 3 NOTICES
- 4 SELECTION OF BILLS—STANDING COMMITTEE—REPORT NO. 10 OF 2011
- 5 ORDER OF BUSINESS—REARRANGEMENT
- 6 ROUTINE OF BUSINESS—VARIATION
- 7 PRIVATE SENATORS' BILLS—CONSIDERATION
- 8 EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS REFERENCES COMMITTEE—PROPOSED REFERENCE
- 9 EDUCATION—NON-GOVERNMENT SCHOOLS
- 10 SENATE—QUESTION TIME—ALLOCATION OF QUESTIONS
- 11 ENVIRONMENT—WESTERN AUSTRALIA—JAMES PRICE POINT
- 12 FOREIGN AFFAIRS—ISRAEL—BOYCOTT
- 13 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—EXTENSION OF TIME TO REPORT
- 14 RURAL AFFAIRS AND TRANSPORT REFERENCES COMMITTEE—REPORTING DATE—VARIATION
- 15 INDIGENOUS AUSTRALIANS—RENAL HEALTH
- 16 FOREIGN AFFAIRS—LIBYAN STUDENTS
- 17 CYBER SAFETY—JOINT SELECT COMMITTEE—REPORT—REVIEW OF THE CYBERCRIME LEGISLATION AMENDMENT BILL 2011
- 18 CHILD SUPPORT (REGISTRATION AND COLLECTION) AMENDMENT BILL 2011
- 19 ENVIRONMENT—CLIMATE CHANGE
- 20 COMMITTEE MEMBERSHIP
- 21 AUSTRALIAN ENERGY MARKET AMENDMENT (NATIONAL ENERGY RETAIL LAW) BILL 2011E COMPETITION AND CONSUMER AMENDMENT BILL (NO. 1) 2011E COMPETITION AND CONSUMER LEGISLATION AMENDMENT BILL 2011E SOCIAL SECURITY AND OTHER LEGISLATION AMENDMENT BILL 2011E TAX LAWS AMENDMENT (2011 MEASURES NO. 6) BILL 2011
- 22 OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE AMENDMENT (NATIONAL REGULATOR) BILL 2011E OFFSHORE PETROLEUM (ROYALTY) AMENDMENT BILL 2011
- 23 LEGAL AND CONSTITUTIONAL AFFAIRS LEGISLATION COMMITTEE—REPORT—MIGRATION AMENDMENT (DETENTION REFORM AND PROCEDURAL FAIRNESS) BILL 2010
- 24 FOREIGN AFFAIRS, DEFENCE AND TRADE LEGISLATION COMMITTEE—REPORT—VETERANS' ENTITLEMENTS AMENDMENT BILL 2011
- 25 FINANCE AND PUBLIC ADMINISTRATION LEGISLATION COMMITTEE—REPORT—PUBLIC SERVICE AMENDMENT (PAYMENTS IN SPECIAL CIRCUMSTANCES) E BILL 2011
- 26 ORDER OF BUSINESS—REARRANGEMENT
- 27 INDIGENOUS EDUCATION (TARGETED ASSISTANCE) AMENDMENT BILL 2011
- 28 STATUTE STOCKTAKE BILL (NO. 1) 2011
- 29 CARBON CREDITS (CARBON FARMING INITIATIVE) BILL 2011E CARBON CREDITS (CONSEQUENTIAL AMENDMENTS) BILL 2011E AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS BILL 2011
- 30 QUESTIONS
- 31 MOTIONS TO TAKE NOTE OF ANSWERS
- 32 DISCUSSION OF MATTER OF PUBLIC IMPORTANCE—ECONOMICS—BUDGET
- 33 SOCIAL ISSUES—SUPPORT SERVICES FOR PEOPLE WITH DISABILITY—MINISTERIAL STATEMENT—DOCUMENT
- 34 DEPARTMENT OF THE SENATE—REGISTER OF SENIOR EXECUTIVE OFFICERS' INTERESTS—DOCUMENT
- 35 WORK OF COMMITTEES—DOCUMENT
- 36 GOVERNOR-GENERAL'S MESSAGES—ASSENT TO LAWS
- 37 DOCUMENTS
- 38 COMMITTEE MEMBERSHIP
- 39 ROUTINE OF BUSINESS—VARIATION
- 40 CARBON CREDITS (CARBON FARMING INITIATIVE) BILL 2011E CARBON CREDITS (CONSEQUENTIAL AMENDMENTS) BILL 2011E AUSTRALIAN NATIONAL REGISTRY OF EMISSIONS UNITS BILL 2011
- 41 FIRST SPEECH
- 42 SENATE—SENATOR COONAN—IMMINENT RETIREMENT—STATEMENT BY LEAVE
- 43 ENVIRONMENT—TASMANIAN FORESTS INTERGOVERNMENTAL AGREEMENT—DETERMINATION OF BOUNDARIES—ORDER FOR PRODUCTION OF DOCUMENTS—DOCUMENT
- 44 GOVERNMENT DOCUMENTS—ORDERS OF THE DAY—CONSIDERATION
- 45 COMMITTEE REPORTS AND GOVERNMENT RESPONSES—ORDERS OF THE DAY—CONSIDERATION
- 46 AUDITOR-GENERAL'S REPORTS—ORDERS OF THE DAY—CONSIDERATION
- 47 ADJOURNMENT
- 48 ATTENDANCE
AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT (DISALLOWANCE AND AMENDMENT POWER OF THE COMMONWEALTH) BILL 2010Order of the day read for the adjourned debate on the motion of the Leader of the Australian Greens (Senator Bob Brown)—That this bill be now read a second time. Debate resumed. Senator Humphries moved the following amendment: Omit all words after "That", substitute "the Senate declines to consider the bill further, and: (a) notes the comments of the Legal and Constitutional Affairs Legislation Committee on the bill that "an approach which fails to look at the broad range of issues affecting the autonomy of the ACT and the NT may not be the most appropriate way of addressing outstanding self-determination matters in those territories, and may not ultimately represent the most considered solution. The committee believes that a systematic and holistic review of self-government arrangements in the ACT and the NT holds merit, and would help to address some of the specific issues raised during this inquiry."; (b) affirms that the process by which the Australian territories move towards greater legislative independence, consistent with the overall framework of the Australian Federation, should continue, but that a more systematic and comprehensive approach is to be preferred; and (c) calls for a full review of the Australian Capital Territory (Self-Government) Act 1988 in lieu of piecemeal amendments to that Act". Debate ensued. Question—That the amendment be agreed to—put. The Senate divided— AYES, 29 Senators— Adams Back Bernardi Boswell Boyce Brandis Bushby (Teller) Cash Colbeck Coonan Cormann Edwards Eggleston Fawcett Fierravanti-Wells Fifield Heffernan Humphries Johnston Joyce Kroger Madigan Mason McKenzie Nash Parry Ryan Scullion Williams
Senators— Arbib Bilyk Bishop Brown, Bob Brown, Carol Cameron Collins Conroy Crossin Di Natale Farrell Faulkner Feeney Furner Gallacher Hanson-Young Hogg Ludlam Ludwig Marshall McEwen (Teller) Milne Moore Pratt Rhiannon Sherry Siewert Singh Stephens Sterle Thistlethwaite Urquhart Waters Wright Xenophon Question negatived. Main 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, debated. On the motion of the Minister for Small Business (Senator Sherry) the following amendments, taken together by leave, were debated and agreed to: Title, page 1 (lines 3 and 4), omit "or amend any Act of the Legislative Assembly of the Australian Capital Territory", substitute "or recommend amendments of enactments of the Australian Capital Territory or laws of the Northern Territory". Clause 1, page 1 (lines 7 to 10), omit the clause, substitute:
1 Short title This Act may be cited as the Territories Self-Government Legislation Amendment (Disallowance and Amendment of Laws) Act 2011. Clause 4, page 2 (lines 9 to 18), omit the clause, substitute:
4 Objects of Act The objects of this Act are: (a) to remove the Governor-General's power, under section 35 of the Australian Capital Territory (Self-Government) Act 1988, to disallow an enactment (or part of an enactment) of the Legislative Assembly for the Australian Capital Territory or to recommend amendments of any enactments; and (b) to remove the Governor-General's power, under section 9 of the Northern Territory (Self-Government) Act 1978, to disallow a law (or part of a law) of the Legislative Assembly of the Northern Territory or to recommend amendments of any laws of the Northern Territory.
Schedule 2—Amendment of the Northern Territory (Self-Government) Act 1978 1 Section 9 Repeal the section. 2 Section 10 Omit "or disallows a law or part of a law". 3 Section 10 Omit ", or for the disallowance, as the case may be,". 4 Section 10 Omit "or the date of the disallowance, as the case may be". Bill, as amended, further debated. Senator Brandis moved the following amendments together by leave: Schedule 1, item 1, page 3 (lines 4 and 5), omit the item, substitute: 1 At the end of subsection 35(2) Add "if the enactment is inconsistent with a law of the Commonwealth. Without limiting the application of this subsection, the Assembly may not enact any law that is inconsistent with the Marriage Act 1961.". Schedule 2, omit item 1, substitute: 1 At the end of subsection 9(1) Add "if the law or the part of the law is inconsistent with a law of the Commonwealth. Without limiting the application of this subsection, the Assembly may not enact any law that is inconsistent with the Marriage Act 1961.". Closure: Senator Bob Brown moved—That the question be now put. Question—That the question be now put—put and passed. Question—That the amendments be agreed to—put. The committee divided— AYES, 30 Senators— Adams Back Bernardi Boswell Boyce Brandis Bushby (Teller) Cash Colbeck Coonan Cormann Edwards Eggleston Fawcett Fierravanti-Wells Fifield Fisher Heffernan Humphries Johnston Joyce Kroger Madigan Mason McKenzie Nash Parry Ryan Scullion Williams
Senators— Arbib Bilyk Bishop Brown, Bob Brown, Carol Cameron Collins Conroy Crossin Di Natale Farrell Faulkner Furner Gallacher Hanson-Young Hogg Ludlam Ludwig Marshall McEwen (Teller) McLucas Milne Moore Polley Pratt Rhiannon Sherry Siewert Singh Stephens Sterle Thistlethwaite Urquhart Waters Wright Xenophon Question negatived. Bill, as amended, agreed to. Bill to be reported with amendments and an amendment to the title. The Deputy President (Senator Parry) resumed the chair and the Chair of Committees reported accordingly. On the motion of Senator Bob Brown the report from the committee was adopted. Senator Bob Brown moved—That this bill be now read a third time. Debate ensued. Question put. The Senate divided— AYES, 35 Senators— Arbib Bilyk Bishop Brown, Bob Brown, Carol Collins Conroy Crossin Di Natale Farrell Faulkner Feeney Furner Gallacher Hanson-Young Hogg Ludlam Ludwig Marshall McEwen (Teller) McLucas Milne Moore Polley Pratt Rhiannon Sherry Siewert Singh Sterle Thistlethwaite Urquhart Waters Wright Xenophon NOES, 29 Senators— Adams Back Bernardi Boswell Boyce Brandis Bushby (Teller) Cash Colbeck Coonan Cormann Edwards Eggleston Fawcett Fierravanti-Wells Fifield Fisher Humphries Johnston Joyce Kroger Madigan Mason McKenzie Nash Parry Ryan Scullion Williams Question agreed to. Bill read a third time. Time expired: The time for general business orders of the day for the consideration of bills reached the limit of 2 hours 20 minutes. Explanatory memorandum: Senator Sherry tabled a supplementary explanatory memorandum relating to the government amendments moved to the bill. | |