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NOTICES

Notices of motion:

The Leader of the Opposition in the Senate (Senator Abetz): To move on the next day of sitting—That when the Education, Employment and Workplace Relations Legislation Committee meets in February 2012 to consider additional estimates in relation to Fair Work Australia, Mr Tim Lee appear before the committee to answer questions relating to his previous work as General Manager at Fair Work Australia. (general business notice of motion no. 612)


The Leader of the Australian Greens (Senator Bob Brown): To move on the next day of sitting—That the Senate congratulates the House of Representatives in the United States of America (US) for passing, on 13 December 2011, the following resolution (376) relating to the repatriation of South Korean prisoners of war still alive in North Korea:

 (a) recognizes that there are South Korean prisoners of war (POWs) and civilian abductees from the Korean War who are still alive in North Korea and want to be repatriated;

 (b) takes note of the U.S. - North Korean agreement of October 20, 2011, on resuming operations to search for and recover remains of American POW/MIAs and calls upon the United States Government to continue to explore the possibility that there could be American POW/MIAs still alive inside North Korea;

 (c) recommends that the United States and South Korean Governments jointly investigate reports of sightings of American POW/MIAs;

 (d) encourages North Korea to repatriate any American and South Korean POWs to their home countries to reunite with their families under the International Humanitarian Law set forth in the Geneva Convention relative to the treatment of Prisoners of War;

 (e) calls upon North Korea to admit to the abduction of more than 100,000 South Korean civilians and reveal the status of the abductees; and

 (f) calls upon North Korea to agree to the family reunions and immediate repatriation of the abductees under the International Humanitarian Law set forth in the Geneva Convention relative to the Protection of Civilian Persons in Time of War. (general business notice of motion no. 613)

Senators Ronaldson and Scullion: To move on the next day of sitting—That the Senate—

 (a) commemorates the 70th anniversary of the fall of Singapore on 15 February 1942;

 (b) remembers the bombing of Darwin on 19 February 1942; and

 (c) in commemorating these events of national significance, pays tribute to the thousands of Australian men and women who were taken prisoner of war following Singapore's fall, the 251 civilian and military personnel killed in the bombing raid on Darwin, and the many thousands more who served in the defence of Australia following the first ever enemy attack on our homeland on 19 February 1942. (general business notice of motion no. 614)

Senator Cormann: To move on the next day of sitting—

 (1) That the Senate:

  (a) notes the Government has not complied with:

   (i) the order of the Senate, made on 1 November 2011, ordering the production of information relating to the cost of measures attached to the mining tax over the current forward estimates, and

   (ii) a number of other outstanding orders in relation to mining tax revenue estimates and related assumptions;

  (b) notes the Government has not taken any action to meet its commitment to have the Information Commissioner arbitrate on any Government refusal to release information sought by the Senate; and


  (c) affirms the importance of receiving the information about mining tax revenue assumptions and the costings of all the related measures promptly to facilitate proper scrutiny by the Senate of the proposed mining tax and all the related measures.

 (2) That the orders of the day for the following bills may not be called on until the orders of the Senate have been complied with and the Senate has passed a resolution agreeing that the bills may be listed for debate:

   Minerals Resource Rent Tax Bill 2011

   Minerals Resource Rent Tax (Consequential Amendments and Transitional Provisions) Bill 2011

   Minerals Resource Rent Tax (Imposition—Customs) Bill 2011

   Minerals Resource Rent Tax (Imposition—Excise) Bill 2011

   Minerals Resource Rent Tax (Imposition—General) Bill 2011

   Petroleum Resource Rent Tax Assessment Amendment Bill 2011

   Petroleum Resource Rent Tax (Imposition—Customs) Bill 2011

   Petroleum Resource Rent Tax (Imposition—Excise) Bill 2011

   Petroleum Resource Rent Tax (Imposition—General) Bill 2011

   Superannuation Guarantee (Administration) Amendment Bill 2011

   Tax Laws Amendment (Stronger, Fairer, Simpler and Other Measures) Bill 2011. (general business notice of motion no. 615)

Senators Madigan and Xenophon: To move on the next day of sitting—That the Senate—

 (a) notes that on 23 June 2011 the Community Affairs References Committee tabled its final report, Social and economic impact of rural wind farms containing seven recommendations, including recommendations calling for studies on the effects of wind farms on human health; and

 (b) calls on the Government to:

  (i) immediately act on the committee's recommendations in the report,

  (ii) support a moratorium on the construction of further wind turbines until the recommendations have been satisfactorily addressed, and

  (iii) cease financial support of new wind turbines until the recommendations have been satisfactorily addressed. (general business notice of motion no. 616)

Senator Furner: To move on the next day of sitting—That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold a public meeting during the sitting of the Senate on Tuesday, 28 February 2012, from 5.30 pm, to take evidence for the committee's inquiry into the review of Defence annual report 2010-11. (general business notice of motion no. 617)

Senator Milne: To move on 9 February 2012—That the Senate—

 (a) notes:

  (i) the failure of the Government to adopt the recommendations of the Economics References Committee, which were supported by members of four political parties and Senator Xenophon, for reinstating specific legislative provisions on price discrimination, tightening legislation to inhibit firms achieving market power through takeovers and calling on the Australian Competition and Consumer Commission (ACCC) to conduct further study into the increasing shares of the grocery market being taken by the generic products of the major supermarket chains,


  (ii) the Government's refusal to contemplate improvements to the current competition laws on the basis that these laws have not been adequately tested in the courts,

  (iii) that Coles has announced large cuts in the prices of some fruit and vegetables, and

  (iv) that bodies such as Ausveg, the National Farmers' Federation, the Tasmanian Farmers and Graziers Association and the Council of Small Business of Australia have expressed concern about the impact on farmers and small retailers if these price cuts are sustained; and

 (b) calls on the Government to:

  (i) direct the Productivity Commission to report on the effectiveness of competition policy in the grocery retailing sector,

  (ii) direct the ACCC to update its 2008 report on competition in the grocery industry, with particular reference to the market power of the two largest retail chains, the impact of their increasing use of generic product lines and the impact of large cuts in the price of specific food items on the viability of Australian farmers,

  (iii) direct the ACCC to examine and report on the extent to which the cuts in fruit and vegetable prices initiated by Coles in early 2012 are affecting the prices of other goods sold by the major supermarket chains, their profits, the prices they pay their suppliers and the farmgate prices received by Australian farmers, and

  (iv) ensure that the ACCC is encouraged and adequately funded to bring matters before the courts that would lead to the current competition laws being adequately tested. (general business notice of motion no. 618)

The Chair of the Finance and Public Administration Legislation Committee (Senator Polley): To move on the next day of sitting—That the Finance and Public Administration Legislation Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Thursday, 9 February 2012, from 10 am. (general business notice of motion no. 619)

Senator Singh: To move on the next day of sitting—That the Joint Standing Committee on Migration be authorised to hold a public meeting during the sitting of the Senate on Wednesday, 29 February 2012, from 10.30 am to noon. (general business notice of motion no. 620)

Senator Bishop: To move on the next day of sitting—That the Joint Committee of Public Accounts and Audit be authorised to hold public meetings during the sittings of the Senate, from 11 am to 1 pm, on Wednesday, 29 February, Wednesday, 14 March and Wednesday, 21 March 2012. (general business notice of motion no. 621)

The Chair of the Community Affairs References Committee (Senator Siewert): To move on the next day of sitting—That the Community Affairs References Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 9 February 2012, to take evidence for the committee's inquiry into Commonwealth contribution to former forced adoption policies. (general business notice of motion no. 622)


Senator Hanson-Young: To move on the next day of sitting—That the following bill be introduced: A Bill for an Act to amend the Migration Act 1958 to remove mandatory minimum penalties for certain offences, and for related purposes. Migration Amendment (Removal of Mandatory Minimum Penalties) Bill 2012. (general business notice of motion no. 623)

The Chair of the Rural Affairs and Transport References Committee (Senator Heffernan): To move on the next day of sitting—That the Rural Affairs and Transport References Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 9 February 2012, from 4.30 pm to take evidence for the committee's inquiry into the examination of the Foreign Investment Review Board national interest test. (general business notice of motion no. 624)

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

 (a) notes the passing and recognises the inspirational life and achievements of Vaclav Havel, the dissident playwright and first post-communist President of Czechoslovakia, who:

  (i) as Warsaw Pact tanks invaded Czechoslovakia in August 1968, improvised resistance by setting up a clandestine radio station and distributing leaflets,

  (ii) resisted the corruption of communist rule with plays and essays dedicated to human dignity and independence,

  (iii) co-authored the human rights charter, called Charter 77, which brought him international recognition as the leader of opposition in Czechoslovakia,

  (iv) endured years of persecution and imprisonment,

  (v) in writings, for which he was jailed, warned communist leaders that by attempting to stifle the human urge for freedom, they were dooming their own system,

  (vi) led his nation through the bloodless Velvet Revolution that toppled the brutal Soviet-backed communist regime in the then Czechoslovakia,

  (vii) was elected President of his country on 29 December 1989, the day after Alexander Dubcek was elected speaker of its federal parliament,

  (viii) presided over his country's transition to a free economy, steered his country into the North Atlantic Treaty Organization and prepared the way for its entry into the European Union,

  (ix) guided his nation through the slow and difficult process of recovery from the spiritual damage caused by four decades of communist totalitarian rule,

  (x) received the United States Presidential Medal of Freedom, the Philadelphia Liberty Medal, the Order of Canada, the Freedom Medal of the Four Freedoms Award, the Ambassador of Conscience Award and many other distinctions,

  (xi) was a founding signatory of the Prague Declaration on European Conscience and Communism that proposed the establishment of the European Day of Remembrance for Victims of Stalinism and Nazism, and

  (xii) advocated collective action to end ethnic cleansing in Bosnia and Kosovo and supported democratic activists in Cuba, Zimbabwe, China, Burma and elsewhere; and


 (b) conveys its condolences to the people of the Czech Republic. (general business notice of motion no. 625)

The Deputy Chair of the Joint Standing Committee on Treaties (Senator Birmingham): To move on the next day of sitting—That the Joint Standing Committee on Treaties be authorised to hold a public meeting during the sitting of the Senate on Monday, 27 February 2012, from 10 am to 12.30 pm. (general business notice of motion no. 626)

The Deputy Chair of the Parliamentary Joint Committee on Corporations and Financial Services (Senator Boyce): To move on the next day of sitting—That the Parliamentary Joint Committee on Corporations and Financial Services be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sittings of the Senate, from 11.30 am to 12.30 pm, on Thursday, 9 February, Thursday, 1 March, Thursday, 15 March and Thursday, 22 March 2012. (general business notice of motion no. 627)

Senators Bernardi, Birmingham, Edwards, Fawcett, Fisher and Cash: To move on the next day of sitting—That the Senate—

 (a) notes:

  (i) February is Ovarian Cancer Awareness Month, a month to both raise awareness of gynaecological cancer as well as ensure all women know the symptoms of this silent killer,

  (ii) Ovarian Cancer Australia invites the community to raise important funds for support programs and resources for women affected by this cancer and for a national program for ovarian cancer,

  (iii) 2012 Teal Ribbon Day is 29 February 2012, a day when all Australians are encouraged to wear a teal ribbon to support Ovarian Cancer Australia's research programs, and

  (iv) on Valentine's Day, Ovarian Cancer Australia encourages Australian women to KISS (Know the Important Signs and Symptoms of ovarian cancer), recognising the important symptoms of this cancer helps in early detection, which is critical as all too often this disease is only detected in its advanced stages;

 (b) recognises:

  (i) more than 1 200 women will be diagnosed with ovarian cancer in 2012, three women every day,

  (ii) approximately 800 Australian women will lose their battle with this disease in 2012, one woman every 11 hours, and

  (iii) that early detection of ovarian cancer is critical as 70 per cent of ovarian cancers are advanced at the time of diagnosis and are difficult to treat at this stage; there is no detection test for this disease, and pap smears do not detect it;

 (c) commends the work of the late Senator Jeannie Ferris, whose courageous and tenacious work to raise awareness of ovarian cancer, as well as cervical and other gynaecological cancers, was also a deeply personal cause:

  (i) after being diagnosed with the disease in October 2005, Senator Ferris was instrumental in launching a parliamentary inquiry into gynaecological cancers,

  (ii) this inquiry culminated in the 2006 report, Breaking the silence: a national voice for gynaecological cancers,


  (iii) the findings of the report received unanimous support for increased awareness of, and resources for, gynaecological cancers across both major parties,

  (iv) as a result of the report the then Minister for Health and Ageing, Mr Tony Abbott, and the Howard Government also agreed to provide a federal government grant of $1 million for the establishment of a National Centre for Gynaecological Cancers in 2007, and

  (v) although Senator Ferris succumbed to her illness in April 2007, her significant legacy was celebrated, and continues to be remembered, by her family, friends, colleagues, the medical community and others who are touched by ovarian, cervical and other gynaecological cancers; and

 (d) notes that today the Jeannie Ferris, Cancer Australia Churchill Fellowship in Gynaecological Cancers is an annual fellowship aimed at reducing the effect of gynaecological cancers on those who are touched by them, whether they be a health professional, a sufferer themselves, a family member or carer. (general business notice of motion no. 628)

Senator Xenophon: To move on the next day of sitting—

 (1) That the following matter be referred to the Community Affairs References Committee for inquiry and report by 31 May 2012:

  The role of the Government and the Therapeutic Goods Administration (TGA) regarding the approval and monitoring of medical devices listed on the Australian Register of Therapeutic Goods, including:

  (a) the TGA's approval, monitoring, withdrawal and follow-up of the Poly Implant Prothese (PIP) breast implants;

  (b) the procedures the TGA has in place to continuously monitor relevant information in relation to device manufacturers and sponsors, including the legal or approval issues both in Australia and overseas;

  (c) information provided to the Government in relation to the PIP breast implants;

  (d) the impact of PIP breast implant failures on Australian patients;

  (e) the procedures the TGA has in place to assess the risk to Australian patients if devices available in Australia are the subject of warnings or withdrawals overseas;

  (f) the procedures the TGA has in place to communicate device information (including withdrawal information) to the general public, with a focus on affected patients; and

  (g) the ability of the TGA to undertake or commission research in relation to specific areas of concern regarding devices, such as metal-on-metal implants.

 (2) That, in conducting its inquiry, the committee should consider:

  (a) the report and findings of the 2011 Community Affairs References Committee inquiry into medical devices; and

  (b) any action the Government and the TGA have taken or intend to take in relation to the 2011 report and recommendations.


The Minister for Tertiary Education, Skills, Science and Research (Senator Evans): To move on the next day of sitting—That the resolution of the Senate of 29 September 2010 be amended as follows:

 (1) Paragraph (1), omit "Rural Affairs and Transport", substitute "Rural and Regional Affairs and Transport".

 (2) Omit paragraph (2), substitute:

  That departments and agencies be allocated to legislative and general purpose standing committees as follows:

  Community Affairs

Families, Housing, Community Services and Indigenous Affairs

Health and Ageing

Human Services

  Economics

Industry and Innovation

Resources, Energy and Tourism

Tertiary Education, Skills, Science and Research

Treasury

  Education, Employment and Workplace Relations

Education

Employment and Workplace Relations

  Environment and Communications

Broadband, Communications and the Digital Economy

Climate Change and Energy Efficiency

Sustainability, Environment, Water, Population and Communities

  Finance and Public Administration

Finance and Deregulation

Parliament

Prime Minister and Cabinet

  Foreign Affairs, Defence and Trade

Defence, including Veterans' Affairs

Foreign Affairs and Trade

  Legal and Constitutional Affairs

Attorney-General

Immigration and Citizenship

  Rural and Regional Affairs and Transport

Agriculture, Fisheries and Forestry

Infrastructure and Transport

Regional Australia, Local Government, Arts and Sport.

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 provisions of the Social Security Legislation Amendment Bill 2011 and the Stronger Futures in the Northern Territory Bill 2011 and a related bill be extended to 13 March 2012. (general business notice of motion no. 629)


The Chair of the Community Affairs Legislation Committee (Senator Moore): To move on the next day of sitting—That the Community Affairs Legislation Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 1 March 2012, to take evidence for the committee's inquiry into the provisions of the Social Security Legislation Amendment Bill 2011 and the Stronger Futures in the Northern Territory Bill 2011 and a related bill. (general business notice of motion no. 630)

Senator Hanson-Young: To move on the next day of sitting—That the Marriage Equality Amendment Bill 2010 be referred to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 25 May 2012.

Intention to withdraw: Senator Wright, pursuant to standing order 78, gave notice of her intention, at the giving of notices on the next day of sitting, to withdraw business of the Senate notice of motion no. 1 standing in her name for the next day of sitting for the disallowance of the Health Insurance (Allied Health Services) Amendment Determination 2011 (No. 2), made under subsection 3C(1) of the Health Insurance Act 1973.