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SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011E STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012E STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for School Education and Workplace Relations (Senator Collins)—That these bills be now read a second time.

Debate resumed.

Senator Ludlam moved the following amendment in respect of the Stronger Futures in the Northern Territory Bill 2012:

 At the end of the motion, add "but the Senate recommends that, after community consultation, the Government develop a policy for the implementation of take-away alcohol-free days and a floor price for alcohol".

Debate ensued.

Question—That the amendment be agreed to—put.

The Senate divided—

AYES,8


Senators—
Di NataleLudlam (Teller)RhiannonWhish-Wilson
Hanson-YoungMilneWatersWright

NOES, 45



Senators—
AbetzEdwardsLundySingh
BilykEgglestonMacdonaldSinodinos
BirminghamEvansMadiganSmith
BishopFarrellMarshallStephens
BoswellFaulknerMasonSterle
BoyceFawcettMcEwenThistlethwaite
Brown (Teller)Fierravanti-WellsMcKenzieThorp
BushbyFurnerMcLucasUrquhart
Carr, BobGallacherMooreWilliams
Carr, KimHoggNash
ColbeckKrogerParry
CrossinLudwigPayne

Question negatived.

Main question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

SOCIAL SECURITY LEGISLATION AMENDMENT BILL 2011—

Bill taken as a whole by leave.

Explanatory memoranda: The Minister for Tertiary Education, Skills, Science and Research (Senator Evans) tabled supplementary explanatory memoranda [5] relating to the government amendments to be moved to the bills, as follows:

 Social Security Legislation Amendment Bill 2011—Supplementary explanatory memorandum.

 Stronger Futures in the Northern Territory Bill 2012—Supplementary explanatory memorandum and further supplementary explanatory memorandum.

 Stronger Futures in the Northern Territory (Consequential and Transitional Provisions) Bill 2011—Supplementary explanatory memorandum and further supplementary explanatory memorandum.

Question—That the bill be agreed to—divided, at the request of Senator Ludlam, in respect of Schedule 1.

Schedule 1 debated.

Question—That Schedule 1 stand as printed—put.


The committee divided—

AYES, 42

Senators—

Abetz

Bernardi

Bilyk

Bishop

Boyce

Brandis

Brown

Cameron

Carr, Bob

Carr, Kim

Colbeck

Crossin

Edwards

Eggleston

Evans

Farrell

Faulkner

Fawcett

Fierravanti-Wells

Fifield

Furner

Gallacher

Hogg

Kroger

Ludwig

Lundy

Marshall

McEwen (Teller)

McKenzie

McLucas

Moore

Nash

Parry

Payne

Polley

Singh

Smith

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

NOES, 9

Senators—

Di Natale

Hanson-Young

Ludlam (Teller)

Madigan

Milne

Rhiannon

Waters

Whish-Wilson

Wright

Schedule agreed to.

Question—That the bill be agreed to—divided, at the request of Senator Ludlam, in respect of Schedule 1, Part 1.

Schedule 1, Part 1 debated and agreed to.

On the motion of Senator Evans the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, item 6, page 4 (line 4), before "The", insert "(1)".

 Schedule 1, item 6, page 4 (after line 10), at the end of section 123TGAA, add:

   Functions, powers or duties of officers or employees

  (2) Before making a determination under subsection (1), the Minister must be satisfied that officers or employees of the department or part of the department, or of the body or agency, have functions, powers or duties in relation to the care, protection, welfare or safety of adults, children or families.

   Appropriate review process

  (3) Before making a determination under subsection (1), the Minister must be satisfied that there is an appropriate process for reviewing any decisions to give notices of the kind referred to in paragraph 123UFAA(1)(b) that could be made by officers or employees of the department or part of the department or of the body or agency if the Minister were to make the determination.

  

  (4) In deciding whether the Minister is satisfied as mentioned in subsection (3), the Minister must have regard to the following:

 (a) the cost of the review process to applicants;

 (b) the timeliness of the review process;

 (c) whether the review process provides that applicants are entitled to be represented and heard;

 (d) the degree of independence of the review process;


 (e) whether the review process provides for the use of the services of an interpreter.

   This subsection does not limit the matters to which the Minister may have regard to in deciding whether the Minister is satisfied as mentioned in subsection (3).

Senator Ludlam moved the following amendments together by leave:

 Schedule 1, item 15, page 6 (line 24), omit "70%", substitute "50%".

 Schedule 1, item 15, page 6 (lines 25 to 27), omit paragraph 123XPAA(3)(b), substitute:

 (b) if a lower percentage is specified in a legislative instrument made by the Minister for the purposes of this paragraph—the lower percentage;

 Schedule 1, item 15, page 7 (line 26), omit "100%", substitute "50%".

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Question—That the bill, as amended, be agreed to—divided, at the request of Senator Ludlam, in respect of Schedule 2.

Schedule 2 debated.

Question—That Schedule 2 stand as printed—put.

The committee divided—

AYES,41


Senators—
AbetzEgglestonLudwigSingh
BilykEvansLundySmith
BishopFarrellMarshallStephens
BoyceFawcettMcEwen (Teller)Sterle
BrownFierravanti-WellsMcKenzieThistlethwaite
CameronFifieldMcLucasThorp
Carr, BobFurnerMooreUrquhart
Carr, KimGallacherNashWilliams
CashHeffernanParry
CrossinHoggPayne
EdwardsKrogerPolley

NOES, 8


Senators—
Di NataleLudlam (Teller)RhiannonWhish-Wilson
Hanson-YoungMilneWatersWright

Schedule agreed to.

The Senate continued to sit till midnight—

FRIDAY, 29 JUNE 2012 AM


Senator Ludlam moved the following amendment:

 Schedule 2, item 8, page 15 (after line 5), after paragraph (aa), insert:

 (ab) a person who is a member of the school's Council, Board or other governing body; and

Question—That the amendment be agreed to—put and negatived.

Senator Ludlam moved the following amendments together by leave:

 Schedule 2, item 11, page 15 (line 18), before "This Division", insert "(1)".

 Schedule 2, item 11, page 15 (line 24), at the end of paragraph 124NA(b), add "having regard to guidelines made under subsection (2)".

 Schedule 2, item 11, page 15 (after line 24), at the end of section 124NA, add:

  (2) The Secretary must, by legislative instrument, determine guidelines for the purposes of subsection (1).

  (3) The guidelines:

 (a) may make different provision in relation to schools in different areas; and

 (b) must provide for relevant cultural practices and obligations to be taken into account for the purposes of subsection (1).

  (4) Before determining guidelines in relation to schools in a particular area, the Secretary must consult with such persons ordinarily resident in the area as the Secretary considers appropriate.

 Schedule 2, item 18, page 23 (line 14), omit "124NA(b)", substitute "124NA(1)(b)".

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Senator Ludlam moved the following amendments together by leave:

 Schedule 2, item 11, page 15 (line 26), before "The Secretary", insert "(1)".

 Schedule 2, item 11, page 16 (line 3), omit "is required", substitute "may be required".

 Schedule 2, item 11, page 16 (line 7), at the end of section 124NB, add:

 ; (e) the consequences under this Division of not complying with a requirement to enter into such a school attendance plan.

 Schedule 2, item 11, page 16 (after line 7), at the end of section 124NB, add:

  (2) The schooling requirement person may be accompanied at the conference by no more than 2 other persons chosen by the person, and those persons are entitled to be heard at the conference.

 Schedule 2, item 11, page 16 (line 12), at the end of subsection 124NC(1), add "at the conference".

 Schedule 2, item 11, page 16 (line 16), after "plan", insert "at the conference,".

 Schedule 2, item 11, page 16 (line 21), omit paragraph 124NC(3)(b).

 Schedule 2, item 11, page 16 (lines 24 and 25), omit subsection 124NC(4).

Debate ensued.

Question—That the amendments be agreed to—put and negatived.


Senator Ludlam moved the following amendments together by leave:

 Schedule 2, item 11, page 16 (line 27), after "be", insert "in writing and".

 Schedule 2, item 11, page 17 (after line 5), at the end of section 124NC, add:

   Notifier to consider individual circumstances

  (8) In determining requirements for the purposes of subsection (7), the notifier must consider the individual circumstances of the schooling requirement person and the one or more children covered by the plan.

   Requirements of plan to be explained

  (9) The notifier must not require a schooling requirement person to enter into a school attendance plan unless the notifier is satisfied that:

 (a) the requirements of the plan have been explained to the person in the person's first language; and

 (b) the person understands the requirements of the plan.

 Schedule 2, item 11, page 17 (line 14), omit "124NB(a)", substitute "124NB(1)(a)".

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Bill, as amended, agreed to. All Australian Greens senators, by leave, recorded their votes for the noes.

STRONGER FUTURES IN THE NORTHERN TERRITORY BILL 2012—

Bill taken as a whole by leave.

Senator Ludlam moved the following amendments together by leave:

 Clause 3, page 3 (lines 1 and 2), omit "(which are particular areas of the Northern Territory that are prescribed by the rules (see section 27))", substitute "(see section 27)".

 Clause 5, page 5 (lines 4 and 5), omit the definition of alcohol protected area, substitute:

   alcohol protected area : see subsections 27(1) and (2).

 Clause 6, page 8 (lines 6 to 8), omit "(which are particular areas of the Northern Territory that are prescribed by the rules (see section 27))", substitute "(see section 27)".

 Clause 17, page 24 (line 26), at the end of subclause (1), add "before the end of the period of 30 days starting on the day the application is made".

 Clause 17, page 24 (line 27), omit "Note", substitute "Note 1".

 Clause 17, page 24 (after line 28), at the end of subclause (1), add:

   Note 2: The 30 day period is extended by the number of days in any submission period that applies under section 18 in relation to the application: see subsection 18(5).

 Clause 18, page 26 (after line 16), at the end of the clause, add:

  (5) The period of 30 days referred to in subsection 17(1) is extended in relation to the application by the number of days in the submission period.


 Clause 27, page 31 (line 2) to page 33 (line 19), omit the clause, substitute:

  

27 Areas that are alcohol protected areas

   Areas that are alcohol protected areas

  (1) An area in the Northern Territory is an alcohol protected area if, immediately before the commencement of this section:

 (a) the area was a prescribed area under section 4 of the repealed Northern Territory National Emergency Response Act 2007; and

 (b) there was not a determination in force in relation to the area under paragraph 19(1)(b) of that Act.

   Ceasing to be an alcohol protected area

  (2) However, an area in the Northern Territory ceases to be an alcohol protected area when the earliest of the following events occurs:

 (a) the Minister approves an alcohol management plan under subsection 17(1) that covers the area (whether or not the plan also covers other areas);

 (b) the area is prescribed by the rules for the purposes of this paragraph;

 (c) the period of 3 years starting on the commencement of this section ends and the area is not prescribed by the rules for the purposes of this paragraph.

  (3) A rule may only be made for the purposes of paragraph (2)(c) if the Minister is satisfied that a majority of the people ordinarily resident in the area to which the rule relates support the making of the rule.

  (4) The Minister must make a rule revoking a rule made for the purposes of paragraph (2)(c) in relation to an area if the Minister is no longer satisfied as mentioned in subsection (3) in relation to the area.

   When rules may be made

  (5) A rule may be made for the purposes of paragraph (2)(b) or (c), or subsection (4):

 (a) on the Minister's own initiative; or

 (b) following a request made to the Minister by, or on behalf of, a person who is ordinarily resident in the area to which the rule relates; or

 (c) following approval of an alcohol management plan relating to the area under subsection 17(1).

   Community consultation

  (6) Before making a rule for the purposes of paragraph (2)(b) or (c), or subsection (4), in relation to an area, the Minister must ensure that:

 (a) information setting out:

 (i) the proposal to make the rule; and

 (ii) an explanation, in summary form, of the consequences of the making of the rule;

  has been made available in the area; and

 (b) people living in the area have been given a reasonable opportunity to make submissions to the Minister about:

 (i) the proposal to make the rule; and

 (ii) the consequences of the making of the rule; and


 (iii) their circumstances, concerns and views, so far as they relate to the proposal.

  (7) Subsection (6) does not apply if the rule is proposed to be made following the approval of an alcohol management plan.

   Criteria for making rules

  (8) In making a rule for the purposes of paragraph (2)(b) or (c), or subsection (4), in relation to an area, the Minister must have regard to the following matters:

 (a) the object of this Part (see section 7);

 (b) the wellbeing of people living in the area;

 (c) whether there is reason to believe that people living in the area have been the victims of alcohol-related harm;

 (d) the extent to which people living in the area have expressed their concerns about being at risk of alcohol-related harm;

 (e) the extent to which people living in the area have expressed the view that their wellbeing will be improved if this Part applies in relation to the area;

 (f) whether there is an alcohol management plan that covers the area or part of the area (whether or not the plan is approved under Division 6);

 (g) any submissions of the kind referred to in paragraph (6)(b);

 (h) any other matter that the Minister considers relevant.

   Effect of area ceasing to be an alcohol protected area

  (9) If an area ceases to be an alcohol protected area under subsection (2), then:

 (a) the area can never again become an alcohol protected area after that cessation; and

 (b) this Part continues to apply in relation to that area, after that cessation, in relation to things done, or omitted to be done, before that cessation.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of Senator Payne the following amendments, taken together by leave, were debated and agreed to:

 Clause 3, page 3 (line 12), omit "Aboriginal people", substitute "the community".

 Clause 6, page 8 (line 26), omit "Aboriginal people", substitute "the community".

 Clause 15, page 22 (line 7), omit "Aboriginal people", substitute "the community".

On the motion of Senator Payne the following amendments, taken together by leave, were debated and agreed to:

 Clause 3, page 4 (line 14), omit "7 years", substitute "3 years".

 Clause 111, page 95 (line 6), omit "7 years", substitute "3 years".

 Clause 117, page 97 (line 27), omit "7 years", substitute "3 years".

 Clause 117, page 98 (line 3), omit "8 years", substitute "4 years".


Senator Ludlam moved the following amendments together by leave:

 Clause 3, page 4 (line 15), omit "10 years", substitute "5 years".

 Clause 111, page 95 (line 8), omit "10 years", substitute "5 years".

 Clause 118, page 98 (line 9), omit "10 years", substitute "5 years".

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 8

Senators—

Di Natale

Hanson-Young

Ludlam (Teller)

Milne

Rhiannon

Waters

Whish-Wilson

Wright

NOES, 41

Senators—

Abetz

Bilyk

Bishop

Boyce

Brown

Bushby

Cameron

Carr, Bob

Carr, Kim

Cash

Crossin

Edwards

Evans

Farrell

Faulkner

Fawcett

Fierravanti-Wells

Fifield

Furner

Gallacher

Heffernan

Hogg

Ludwig

Lundy

Marshall

McEwen

McKenzie

McLucas

Moore

Nash

Parry

Payne

Polley

Singh

Smith

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

Williams (Teller)

Question negatived.

On the motion of Senator Evans the following amendment was debated and agreed to:

 Page 4 (after line 22), after clause 4, insert:

  

4A The Racial Discrimination Act is not affected

   This Act does not affect the operation of the Racial Discrimination Act 1975.

Senator Wright moved the following amendments together by leave:

 Clause 8, page 11 (lines 9 and 10), omit the penalty, substitute:

    Maximum penalty:

 (c) 10 penalty units for a first offence; or

 (d) 20 penalty units for a second or subsequent offence.

 Clause 8, page 12 (lines 28 and 29), omit the penalty, substitute:

    Maximum penalty:

 (c) 10 penalty units for a first offence; or

 (d) 20 penalty units for a second or subsequent offence.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of Senator Evans the following amendments, taken together by leave, were debated and agreed to:

 Clause 8, page 13 (line 31), before "alcohol", insert "ethyl".


 Clause 8, page 14 (line 3), omit "alcohol", substitute "liquor".

 Clause 8, page 14 (line 5), omit "alcohol", substitute "liquor".

On the motion of Senator Evans the following amendment was debated and agreed to:

 Clause 11, page 16 (lines 14 to 20), omit the clause, substitute:

  

11 Modification of the NT Liquor Regulations

   The NT Liquor Regulations apply, while this Act is in effect, as if:

 (a) the following offences against the NT Liquor Act were police infringement offences for the purposes of those Regulations:

 (i) an offence against subsection 75B(1);

 (ii) an offence against subsection 75C(1) if the quantity of the ethyl alcohol involved in the commission of the offence is 1,350 ml or less;

 (iii) an offence against subsection 75F(1); and

 (b) the reference to section 75(1) of the NT Liquor Act in Part 1 of Schedule 2 to those Regulations included a reference to subsections 75B(1), 75C(1) and 75F(1) of that Act.

   Note 1: Section 8 of this Act includes sections 75B, 75C and 75F into the NT Liquor Act.

   Note 2: This Act ceases to have effect at the end of 10 years after commencement: see section 118.

Senator Ludlam moved the following amendments together by leave:

 Clause 3, page 4 (after line 10), insert:

Part 4A—Consultation

Part 4A is about consultation with Aboriginal people in the Northern Territory to enable them to effectively engage in matters affecting them under this Act.

Part 4A requires the Minister to make rules prescribing consultation requirements that must be complied with in making a decision or legislative instrument under this Act that is likely to affect Aboriginal people living in one or more areas in the Northern Territory.

 Clause 4, page 4 (lines 19 to 22), omit the clause, substitute:

  

4 Objects of this Act

   The objects of this Act are:

 (a) to support Aboriginal people in the Northern Territory to live strong, independent lives, where communities, families and children are safe and healthy; and

 (b) to enable Aboriginal people in the Northern Territory to effectively engage in matters affecting them under this Act.

 Clause 27, page 32 (lines 22 and 23), omit subclause (8).

 Clause 34, page 41 (lines 9 and 10), omit subclause (9).

 Clause 35, page 43 (lines 9 and 10), omit subclause (5).

 Clause 41, page 50 (lines 12 and 13), omit subclause (3).


 Page 94 (after line 15), after Part 4, insert:

  

Part 4A—Consultation

 

Division 1—Introduction

 

110A Guide to this Part

This Part is about consultation with Aboriginal people in the Northern Territory to enable them to effectively engage in matters affecting them under this Act.

It requires the Minister to make rules prescribing consultation requirements that must be complied with in making a decision or legislative instrument under this Act that is likely to affect Aboriginal people living in one or more areas in the Northern Territory. Those rules must be consistent with principles set out in this Part.

Consultation requirements under this Part apply in addition to any other consultation requirements under this Act.

 

Division 2—Consultation

 

110B Minister to make rules specifying consultation requirements

  (1) The Minister must make rules prescribing consultation requirements to be complied with in making a decision or legislative instrument under this Act (other than a rule under this section) that is likely to affect Aboriginal people living in one or more areas in the Northern Territory.

  (2) Before making a rule for the purposes of subsection (1), the Minister must:

 (a) have regard to the object of this Act in paragraph 4(b); and

 (b) be satisfied that the rule is consistent with the consultation principles set out in section 110C.

  (3) A consultation requirement prescribed for the purposes of subsection (1) applies in addition to any other requirement relating to consultation that applies in relation to the making of the relevant decision or legislative instrument.

  (4) Rules made for the purposes of subsection (1) may prescribe different requirements in relation to:

 (a) different decisions and legislative instruments; and

 (b) different areas.

 

110C Consultation principles

  (1) This section sets out the consultation principles for the purposes of paragraph 110B(2)(b).

   Obtaining consent or agreement

  (2) The object of consultation must be to obtain the consent or agreement of the Aboriginal people likely to be affected by the proposed decision or legislative instrument, not simply to outline what is proposed.

   
Using feedback

  (3) Consultation is a two-way process, which includes listening to the Aboriginal people likely to be affected by the proposed decision or legislative instrument, and using this feedback to influence and develop the decision or instrument.

   Consensus negotiations

  (4) Consultation processes must be products of, and build, consensus. Consultations must be in the nature of negotiations and the Aboriginal people being consulted must not be pressured into making a decision.

   Adequate time

  (5) Consultations must begin early, be ongoing (if necessary), and have adequate timeframes built into them.

   Assistance to participate

  (6) The Aboriginal people likely to be affected by the proposed decision or legislative instrument must have access to financial, technical and other assistance to enable them to participate in the consultation process.

   Coordination across agencies

  (7) Consultations that involve a number of Commonwealth, State and Territory agencies must be coordinated across those agencies.

   Reaching people in places most convenient for them

  (8) Consultation processes must reach the Aboriginal people likely to be affected by the proposed decision or legislative instrument, and must be held in the location that is most convenient for, and chosen by, those people.

   Respecting protocols

  (9) Consultation processes must respect the protocols, including the representative and decision-making structures, followed by the Aboriginal people likely to be affected by the proposed decision or legislative instrument.

   Information to be given

  (10) Information about the proposed decision or legislative instrument, and its potential impact, must be provided to the Aboriginal people likely to be affected by it, being information that is:

 (a) full and accurate; and

 (b) clear, accessible, easy to understand and otherwise in accordance with plain language principles; and

 (c) in the language of the people being consulted (if necessary).

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

Bill, as amended, agreed to. All Australian Greens senators, by leave, recorded their votes for the noes.


STRONGER FUTURES IN THE NORTHERN TERRITORY (CONSEQUENTIAL AND TRANSITIONAL PROVISIONS) BILL 2011—

Bill taken as a whole by leave.

On the motion of Senator Evans the following amendment was debated and agreed to:

 Schedule 2, item 4, page 11 (line 18), omit "and at the Land Council's expense".

Senator Ludlam moved the following amendments together by leave:

 Schedule 2, page 12 (after line 7), after item 8, insert:

 8A Subsections 70(2BA) to (2BD)

  Repeal the subsections.

 Schedule 2, page 12 (after line 30), after item 10, insert:

 10A Subsections 70(2D) and (2E)

  Repeal the subsections.

 Schedule 2, items 13 to 18, page 13 (lines 2 to 13), omit the items, substitute:

 13 Sections 70A to 70H

  Repeal the sections.

 Schedule 2, page 13 (after line 17), after item 20, insert:

 20A Paragraph 73(1)(ba)

  Repeal the paragraph.

 20B Section 74AA

  Repeal the section.

 Schedule 2, page 13 (after line 19), at the end of the Schedule, add:

 22 Schedule 7

  Repeal the Schedule.

Debate ensued.

Question—That the amendments be agreed to—put and negatived.

On the motion of Senator Evans the following amendment was agreed to:

 Schedule 3, page 14 (after line 15), after item 3, insert:

 3A After section 99

  Insert:

 

99A The Racial Discrimination Act is not affected

   This Part does not affect the operation of the Racial Discrimination Act 1975.

Senator Wright moved the following amendment:

 Schedule 4, items 1 to 9, page 21 (line 4) to page 24 (line 10), omit the items, substitute:

 1 Subsection 15AB(1)

  Repeal the subsection, substitute:

  (1) In determining whether to grant bail to a person charged with, or convicted of, an offence against a law of the Commonwealth, or in determining conditions to which bail granted to such a person should
be subject, a bail authority must take into consideration the potential impact of granting bail on:

 (a) any person against whom the offence is, or was, alleged to have been committed; and

 (b) any witness, or potential witness, in proceedings relating to the alleged offence, or offence.

 2 Subsection 15AB(2)

  Omit "subparagraph (1)(a)(i) or (ii)", substitute "paragraph (1)(a) or (b)".

 3 Subsection 15AB(3)

  Repeal the subsection.

 4 Subsections 16A(2A) and (2B)

  Repeal the subsections.

 5 Application of amendments

  (1) The amendments made by items 1, 2 and 3 of this Schedule apply to a proceeding relating to bail that:

 (a) is initiated on or after commencement; and

 (b) is not an appeal against a decision of a bail authority that was made before commencement.

  (2) The amendment made by item 4 of this Schedule applies to a proceeding relating to sentencing that:

 (a) is initiated on or after commencement; and

 (b) is not an appeal against a sentence that was imposed before commencement.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 8

Senators—

Di Natale

Hanson-Young

Ludlam (Teller)

Milne

Rhiannon

Waters

Whish-Wilson

Wright

NOES, 42

Senators—

Abetz

Bilyk

Bishop

Boswell

Boyce

Brown

Bushby

Cameron

Carr, Bob

Carr, Kim

Crossin

Edwards

Eggleston

Evans

Farrell

Fawcett

Fierravanti-Wells

Fifield

Furner

Gallacher

Hogg

Joyce

Kroger (Teller)

Ludwig

Lundy

Marshall

McEwen

McKenzie

McLucas

Moore

Nash

Parry

Payne

Polley

Singh

Smith

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

Williams

Question negatived.


Document: Senator Ludlam, by leave, tabled the following document:

 Social Security Legislation Amendment Bill 2011 and related bills—Arena magazine—No. 118—The Australian magazine of left political, social and cultural commentary.

Bill, as amended, agreed to.

Bills to be reported with amendments.

The President resumed the chair and the Chair of Committees (Senator Parry) reported accordingly.

On the motion of Senator Evans the report from the committee was adopted.

Senator Evans moved—That these bills be now read a third time.

Question put.

The Senate divided—

AYES, 43

Senators—

Abetz

Bilyk

Bishop

Boswell

Boyce

Brown

Bushby

Cameron

Carr, Bob

Carr, Kim

Crossin

Edwards

Eggleston

Evans

Farrell

Fawcett

Fierravanti-Wells

Fifield

Furner

Gallacher

Hogg

Joyce

Kroger

Ludwig

Lundy

Macdonald

Marshall

McEwen (Teller)

McKenzie

McLucas

Moore

Nash

Parry

Payne

Polley

Singh

Smith

Stephens

Sterle

Thistlethwaite

Thorp

Urquhart

Williams

NOES, 9

Senators—

Di Natale

Hanson-Young

Ludlam (Teller)

Madigan

Milne

Rhiannon

Waters

Whish-Wilson

Wright

Question agreed to.

Bills read a third time.