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NATIONAL BROADCASTING LEGISLATION AMENDMENT BILL 2010

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for Defence (Senator Feeney)—That this bill be now read a second time.

Debate resumed.

Limitation of debate: The time allotted for the consideration of this bill expired.

Question—That this bill be now read a second time—put and passed.

Bill read a second time.

The following amendments circulated by the Opposition were agreed to:

 Schedule 1, item 12, page 5 (after line 15), after subsection 12(5A), insert:

  (5AA) However, so far as subsection (5A) relates to a person who:

 (a) is a former member of a Parliament or a Legislative Assembly referred to in that subsection; or

 (b) was a senior political staff member;

   that subsection applies only for the period of 12 months beginning on the day the person ceased to be a member of that Parliament or that Legislative Assembly or a senior political staff member.

 Schedule 1, item 24, page 16 (after line 10), after subsection 17(2A), insert:

  (2AA) However, so far as subsection (2A) relates to a person who:

 (a) is a former member of a Parliament or a Legislative Assembly referred to in that subsection; or

 (b) was a senior political staff member (within the meaning of the Australian Broadcasting Corporation Act 1983);

   
that subsection applies only for the period of 12 months beginning on the day the person ceased to be a member of that Parliament or that Legislative Assembly or a senior political staff member (within the meaning of that Act).

The following amendment circulated by the Opposition was considered:

 Clause 2, page 2 (table items 3 to 5), omit the table items.

Question—That the amendment be agreed to—put.

The Senate divided—

AYES,26


Senators—
AbetzCormannJohnstonRyan
BackEdwardsJoyceScullion
BirminghamEgglestonKroger (Teller)Sinodinos
BrandisFawcettMcKenzieSmith
BushbyFierravanti-WellsNashWilliams
CashFifieldParry
ColbeckHumphriesPayne

NOES, 33


Senators—
BilykFarrellLundySingh
BishopFaulknerMarshallStephens
BrownFeeneyMcEwen (Teller)Sterle
CameronFurnerMcLucasThistlethwaite
Carr, KimGallacherMilneUrquhart
CollinsHanson-YoungMooreWright
ConroyHoggPolley
CrossinLudlamPratt
Di NataleLudwigRhiannon

Question negatived.

The following amendments circulated by the Opposition were considered:

 Schedule 1, item 12, page 5 (lines 16 to 24), omit subsections 12(5B), (5C) and (5D).

 Schedule 1, item 14, page 5 (line 31), omit "(including a failure to comply with Part IIIA)".

 Schedule 1, item 24, page 16 (lines 11 to 17), omit subsections 17(2B) and (2C).

 Schedule 1, item 30, page 20 (lines 2 and 3), omit subitem (1), substitute:

  (1) The amendment made by item 24 applies in relation to appointments made after the commencement of that item.

Question—That the amendments be agreed to—put.

The Senate divided—

AYES,26


Senators—
AbetzCormannJohnstonRyan
BackEdwardsJoyceScullion
BirminghamEgglestonKroger (Teller)Sinodinos
BrandisFawcettMcKenzieSmith
BushbyFierravanti-WellsNashWilliams
CashFifieldParry
ColbeckHumphriesPayne

NOES, 33



Senators—
BilykFarrellLundySingh
BishopFaulknerMarshallStephens
BrownFeeneyMcEwen (Teller)Sterle
CameronFurnerMcLucasThistlethwaite
Carr, KimGallacherMilneUrquhart
CollinsHanson-YoungMooreWright
ConroyHoggPolley
CrossinLudlamPratt
Di NataleLudwigRhiannon

Question negatived.

The following amendments circulated by the Australian Greens were considered:

 Schedule 1, item 12, page 5 (before line 16), before subsection 12(5B), insert:

  (5AB) A person who:

 (a) is a former member of a Parliament or a Legislative Assembly referred to in subsection (5A); or

 (b) was a senior political staff member;

   must not be appointed as a Director referred to in paragraph (1)(b) or (c) unless, in accordance with Part IIIA, the Nomination Panel has nominated the person for the appointment.

 Schedule 1, item 15, page 13 (line 22), at the end of subsection 24X(2), add "Those reasons must include an assessment of that person against the selection criteria.".

 Schedule 1, item 15, page 14 (line 3), at the end of subsection 24X(4), add "Those reasons must include an assessment of that person against the selection criteria.".

 Schedule 1, item 24, page 16 (before line 11), before subsection 17(2B), insert:

  (2AB) A person who:

 (a) is a former member of a Parliament or a Legislative Assembly referred to in subsection (2A); or

 (b) was a senior political staff member (within the meaning of the Australian Broadcasting Corporation Act 1983);

   must not be appointed as a non-executive Director referred to in paragraph 8(aa) or (b) unless, in accordance with Part 3A, the Nomination Panel has nominated the person for the appointment.

 Schedule 1, item 29, page 19 (line 27), at the end of subsection 43B(2), add "Those reasons must include an assessment of that person against the selection criteria.".

Question—That the amendments be agreed to—put.

The Senate divided—

AYES,33


Senators—
BilykFarrellLundySingh
BishopFaulknerMarshallStephens
BrownFeeneyMcEwen (Teller)Sterle
CameronFurnerMcLucasThistlethwaite
Carr, KimGallacherMilneUrquhart
CollinsHanson-YoungMooreWright
ConroyHoggPolley
CrossinLudlamPratt
Di NataleLudwigRhiannon

NOES, 26



Senators—
AbetzCormannJohnstonRyan
BackEdwardsJoyceScullion
BirminghamEgglestonKroger (Teller)Sinodinos
BrandisFawcettMcKenzieSmith
BushbyFierravanti-WellsNashWilliams
CashFifieldParry
ColbeckHumphriesPayne

Question agreed to.

The following amendments circulated by Senator Xenophon were considered:

 Clause 2, page 2 (at the end of the table), add:

6. Schedule 3Immediately after the commencement of the provision(s) covered by table item 4.

Page 23 (line 22), at the end of the bill, add:

 

Schedule 3—SBS staff-elected directors

 

Special Broadcasting Service Act 1991

 1 After paragraph 8(aa)

  Insert:

 (ab) the staff-elected Director; and

 2 Before subsection 17(1)

  Insert:

  (1A) This section does not apply to the staff-elected Director.

 3 After section 17

  Insert:

 

17A Staff-elected Director

  (1) Subject to this section, the staff-elected Director must be elected in accordance with the regulations.

   Note: As a member of the Board, the staff-elected Director is a director of a Commonwealth authority for the purposes of the Commonwealth Authorities and Companies Act 1997: see the definition of director in section 5 of that Act.

   Eligibility for election

  (2) A person is eligible to be a candidate for election, and to hold office, as the staff-elected Director if:

 (a) the person is an employee of the SBS who, by the terms of his or her employment, is required to devote at least 22 hours a week to the duties of that employment; or

 (b) the person (the relevant person) performs services for the SBS, under the direction and control of the Managing Director or an employee of the SBS, under:

 (i) a written contract entered into between the SBS and the relevant person; or


 (ii) a written contract entered into between the SBS and a person other than the relevant person, being a contract that specified the relevant person as the person who would perform the services under the contract.

   Effect of candidate ceasing to be eligible after nomination

  (3) If a person who has been nominated as a candidate for election as the staff-elected Director ceases to be eligible to be such a candidate after having been nominated and before the day on which the election takes place:

 (a) if there are 2 or more other eligible candidates—the election must be held as if the person were not a candidate; or

 (b) if there is only one other eligible candidate—the other candidate must be declared to be elected; or

 (c) if there is no other eligible candidate—fresh invitations must be issued for the nomination of candidates.

   Candidate may vote at election

  (4) A person who is eligible to be a candidate for election as the staff-elected Director is eligible to vote at the election.

   Period of office

  (5) Subject to sections 26 and 27, the person who is the staff-elected Director holds office on a part-time basis for a period of 5 years starting:

 (a) if, on the day on which the person is declared to be elected, the person already holds office as the staff-elected Director because of a previous election—on the day after the day on which that person would, but for having been re-elected, cease to hold office; or

 (b) if, on the day on which the person is declared to be elected, another person holds office as the staff-elected Director because of a previous election—on the day after the day on which the other person ceases to hold office; or

 (c) in any other case—on the day on which the person is declared to be elected.

  (6) A person who has been elected as the staff-elected Director at 2 elections is not eligible for election at any other election of the staff-elected Director.

  (7) If an election of a person as the staff-elected Director is invalid because of a defect or irregularity in connection with that election, the performance of the functions, or the exercise of the powers, of the Board is not affected by anything done, or omitted to be done, by or in relation to that person while he or she purported to be, or to act as, the staff-elected Director.

 4 At the end of section 18

  Add:

  (4) In this section, non-executive Director does not include the staff-elected Director.


 5 Paragraph 22(a)

  Omit "or Deputy Chairperson", substitute ", Deputy Chairperson or staff-elected Director".

 6 After paragraph 27(2)(c)

  Insert:

 ; or (d) the staff-elected Director ceases to be eligible to hold office as that Director;

Question—That the amendments be agreed to—put.

The Senate divided—

AYES, 6

Senators—

Di Natale

Hanson-Young

Ludlam (Teller)

Milne

Rhiannon

Wright

NOES, 51

Senators—

Abetz

Back

Bilyk

Birmingham

Bishop

Brandis

Brown

Bushby

Cameron

Carr, Kim

Cash

Colbeck

Conroy

Cormann

Crossin

Edwards

Eggleston

Farrell

Faulkner

Fawcett

Feeney

Fierravanti-Wells

Fifield

Furner

Gallacher

Hogg

Humphries

Johnston

Kroger (Teller)

Ludwig

Lundy

Marshall

McEwen

McKenzie

McLucas

Moore

Nash

Parry

Payne

Polley

Pratt

Ryan

Scullion

Singh

Sinodinos

Smith

Stephens

Sterle

Thistlethwaite

Urquhart

Williams

Question negatived.

Question—That Schedule 1, items 1, 16, 18 and 25 and Schedule 2 stand as printed and Schedule 1, items 15 and 29, as amended, be agreed to—put.

The Senate divided—

AYES,34


Senators—
BilykFarrellLundyRhiannon
BishopFaulknerMadiganSingh
BrownFeeneyMarshallStephens
CameronFurnerMcEwen (Teller)Sterle
Carr, KimGallacherMcLucasThistlethwaite
CollinsHanson-YoungMilneUrquhart
ConroyHoggMooreWright
CrossinLudlamPolley
Di NataleLudwigPratt

NOES, 25



Senators—
AbetzCormannJohnstonScullion
BackEdwardsKroger (Teller)Sinodinos
BirminghamEgglestonMcKenzieSmith
BrandisFawcettNashWilliams
BushbyFierravanti-WellsParry
CashFifieldPayne
ColbeckHumphriesRyan

Items and Schedule agreed to.

Question—That the remaining stages of this bill be agreed to and this bill, as amended, be now passed—put.

The Senate divided—

AYES,34


Senators—
BilykFarrellLundyRhiannon
BishopFaulknerMadiganSingh
BrownFeeneyMarshallStephens
CameronFurnerMcEwen (Teller)Sterle
Carr, KimGallacherMcLucasThistlethwaite
CollinsHanson-YoungMilneUrquhart
ConroyHoggMooreWright
CrossinLudlamPolley
Di NataleLudwigPratt

NOES, 27


Senators—
AbetzCormannHumphriesPayne
BackEdwardsJohnstonRyan
BirminghamEgglestonJoyceScullion
BrandisFawcettKroger (Teller)Sinodinos
BushbyFierravanti-WellsMcKenzieSmith
CashFifieldNashWilliams
ColbeckHeffernanParry

Question agreed to.

Bill read a third time.