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AUSTRALIAN CAPITAL TERRITORY (SELF-GOVERNMENT) AMENDMENT (DISALLOWANCE AND AMENDMENT POWER OF THE COMMONWEALTH) BILL 2010

Order 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


NOES, 35

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.


 Page 3 (after line 5), at the end of the bill, add:

  

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


NOES, 36

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.