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Orders of the Senate

Auditor-General’s reports—Consideration

1  Amendment of standing order 62

That standing order 62 be amended by adding a new paragraph (2):

(2) Reports of the Auditor-General in respect of which no motion is moved on their presentation, and orders of the day for adjourned debates on such reports, shall be placed on the Notice Paper for consideration on Thursday at the time for the consideration of committee reports and government responses under general business, after those reports and responses.

renumbering existing paragraphs (2) and (3) and adding “and Auditor-General’s reports” to the heading of the standing order.

( Agreed to 10 May 2000 .)

Committees

2  Allocation of departments—Variation

That the continuing order of the Senate of 1 May 1996 relating to the allocation of departments to legislative and general purpose standing committees be amended as follows:

Under Finance and Public Administration, insert ‘Reconciliation and Aboriginal and Torres Strait Islander Affairs’.

( Agreed to 8 February 2001 .)

3  Economics References Committee—Authorisation to investigate further committee inquiries

That the Senate authorises the Economics References Committee to investigate whether a more detailed inquiry into banking practices and the adequacy of protection for elderly and mentally disabled persons is warranted, the committee’s investigation to include the conduct of public hearings if required.

( Agreed to 29 June 2000 .)

4  Estimates hearings

(1)  That estimates hearings by legislation committees for the year 2001 be scheduled as follows:

2000-01 additional estimates:

Monday, 19 February, Tuesday, 20 February and, if required, Friday, 23 February ( Group A )

Wednesday, 21 February, Thursday, 22 February and, if required, Friday, 23 February ( Group B ).

2001-02 Budget estimates:

Monday, 28 May to Thursday, 31 May ( Group A )

Monday, 4 June to Thursday, 7 June ( Group B )

Wednesday, 14 November and, if required, Friday, 16 November ( supplementary hearings—Group A )

Thursday, 15 November and, if required, Friday, 16 November ( supplementary hearings—Group B ).

(2)  That the committees meet in accordance with the groupings agreed to on 26 November 1998.

(3)  That the committees report to the Senate on the following dates:

Tuesday, 27 March 2001 in respect of the 2000-01 additional estimates, and

Wednesday, 20 June 2001 in respect of the 2001-02 Budget estimates.

(4)  That the committees consider the proposed expenditure in accordance with the allocation of departments to committees agreed to on 11 November 1998.

( Agreed to 1 December 2000 .)

5  Estimates hearings

(2) That the committees meet in the following groups:

Group A:

Community Affairs

Legal and Constitutional

Finance and Public Administration

Rural and Regional Affairs and Transport.

Group B:

Employment, Workplace Relations, Small Business and Education

Environment, Communications, Information Technology and the Arts

Economics

Foreign Affairs, Defence and Trade.

( Agreed to 26 November 1998 .)

6  Privileges—Standing Committee—Adoption of 94th report recommendation

That the Senate authorise the President, if required, to engage counsel as amicus curiae if either the action for defamation against Mr David Armstrong or a similar action against Mr William O’Chee is set down for trial.

( Agreed to 4 September 2000 .)

7  Supplementary hearings on additional estimates

That paragraph (9) of standing order 26 be amended as follows:

(9) After a committee has considered proposed expenditure referred to it by the Senate and agreed to its report to the Senate, the committee shall fix:

(a) a day for the submission to the committee of any written answers or additional information relating to the proposed expenditure; and

(b)  in respect of the annual estimates only, a day for the commencement of supplementary meetings of the committee to consider matters relating to the proposed expenditure.

( Agreed to 6 February 2001 .)

Legislation

8  Amendments in the form of Requests

That the Senate requires that all amendments circulated in the Senate chamber in the form of requests be accompanied by a statement of reasons for their being framed as requests together with a statement by the Clerk of the Senate on whether the amendments would be regarded as requests under the precedents of the Senate.

( Agreed to 26 June 2000 .)

9  Senate consideration—Variation

That the provisions of paragraphs (5) to (7) of standing order 111 not apply to the Customs Tariff Amendment Bill (No. 5) 2001, allowing it to be considered during this period of sittings.

( Agreed to 22 August 2001 .)

Meeting of Senate

10  Meeting of Senate

That the days of meeting of the Senate in 2001 be as follows:

Autumn sittings:

Tuesday, 6 February to Thursday, 8 February

Monday, 26 February to Thursday, 1 March

Monday, 5 March to Thursday, 8 March

Monday, 26 March to Thursday, 29 March

Monday, 2 April to Thursday, 5 April

Budget sittings:

Wednesday, 9 May and Thursday, 10 May ( Centenary sittings - Melbourne )

Tuesday, 22 May to Thursday, 24 May

Winter sittings:

Monday, 18 June to Thursday, 21 June

Monday, 25 June to Thursday, 28 June

Spring sittings:

Monday, 6 August to Thursday, 9 August

Monday, 20 August to Thursday, 23 August

Monday, 27 August to Thursday, 30 August

Monday, 17 September to Thursday, 20 September

Monday, 24 September to Thursday, 27 September

Monday, 15 October to Thursday, 18 October

Monday, 22 October to Thursday, 25 October

Monday, 12 November and Tuesday, 13 November

Monday, 19 November to Thursday, 22 November

Monday, 3 December to Thursday, 6 December

Monday, 10 December to Thursday, 13 December.

( Agreed to 9 November 2000; amended 6 December 2000 .)

Orders for production of documents

11  Administrative decision-making—Effect of international instruments—Order for production of document

That there be laid on the table, not later than 2 sitting days after it has been received by the Attorney-General, by the Minister representing the Attorney-General, a copy of the report of the review announced by the Attorney-General on 5 July 1995 of the effect of international instruments on administrative decision-making.

( Agreed to 25 October 1995 .)

12  Aged Care—Riverside Nursing Home—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Aged Care, no later than 4 pm on 4 April 2000, all records of communications between the Department of Health and Aged Care and the Minister for Aged Care and/or her office relating to the Riverside Nursing Home, from 14 February to 6 March 2000.

( Agreed to 3 April 2000 .)

13  Australian Competition and Consumer Commission—Australian grocery retailers—Order for production of documents

(1) That there be laid on the table, as soon as practicable after 30 June 2001, a report by the Australian Competition and Consumer Commission on the prices paid to suppliers by Australian grocery retailers for the goods that they re-sell, and whether retailers and wholesalers of a similar scale, as customers of suppliers, are offered goods on like terms and conditions, and including:

(a) an assessment, based on a sampling of key suppliers and major retailers of:

(i) the extent of any price differences,

(ii) the impact of any such price differences on competition in the relevant markets, and

(iii) whether there is public benefit in the existence of price differences;

(b) subject to paragraph (2)(b), identification of any conduct found by the commission in the course of preparing the report that is likely to be in breach of the Trade Practices Act 1974 , together with an account of action taken or proposed to be taken by the commission in respect of such conduct; and

(c) an outline of the circumstances in which, in the commission’s view, differences in prices paid to suppliers by the various industry participants would amount to a breach of the anti-competitive conduct provisions of the Act.

(2) That, in carrying out the requirements of paragraph (1), the commission:

(a) is to take ‘prices’ to include all aspects of the terms and conditions of dealings between retailers or wholesalers and their suppliers, including the total funding support given by suppliers to the major retailers and wholesalers; and

(b) may withhold genuinely commercially sensitive information from the report provided that the withholding of such information does not prevent the commission from giving the Senate a clear account of the matters mentioned in paragraph (1).

( Agreed to 8 February 2001 .)

14  Departmental and agency contracts—Order for production of documents

(1) There be laid on the table, by each minister in the Senate, in respect of each agency administered by that minister, or by a minister in the House of Representatives represented by that minister, by not later than the tenth day of the spring and autumn sittings, a letter of advice that a list of contracts in accordance with paragraph (2) has been placed on the Internet, with access to the list through the department’s or agency’s home page.

(2) The list of contracts referred to in paragraph (1) indicate:

(a) each contract entered into by the agency which has not been fully performed or which has been entered into during the previous 12 months, and which provides for a consideration to the value of $100 000 or more;

(b) the contractor and the subject matter of each such contract;

(c) whether each such contract contains provisions requiring the parties to maintain confidentiality of any of its provisions, or whether any provisions of the contract are regarded by the parties as confidential, and a statement of the reasons for confidentiality; and

(d) an estimate of the cost of complying with this order.

(3) In respect of contracts identified as containing provisions of the kind referred to in paragraph (2)(c), the Auditor-General be requested to provide to the Senate, within 6 months after each day mentioned in paragraph (1), a report indicating that the Auditor-General has examined a number of such contracts selected by the Auditor-General, and indicating whether any inappropriate use of such provisions was detected in that examination.

(4) The Finance and Public Administration References Committee consider and report on the first year of operation of this order.

(5) This order has effect on and after 1 July 2001.

(6) In this order:

agency ” means an agency within the meaning of the Financial Management and Accountability Act 1997 ;

autumn sittings ” means the period of sittings of the Senate first commencing on a day after 1 January in any year; and

spring sittings ” means the period of sittings of the Senate first commencing on a day after 31 July in any year.

( Agreed to 20 June 2001 .)

15  Environment—Great Barrier Reef—Water quality control—Order for production of document

That there be laid on the table by the Leader of the Government in the Senate (Senator Hill), no later than immediately after questions without notice on the next day of sitting, the report prepared by the Great Barrier Reef Marine Park Authority on water quality targets in the catchments feeding into the Great Barrier Reef region.

( Agreed to 23 August 2001 .)

16  Environment—Queensland—Tree clearing—Order for production of document

That there be laid on the table by the Minister for the Environment and Heritage (Senator Hill), no later than immediately after questions without notice on the next day of sitting, a report from the Australian Bureau of Agricultural and Resource Economics to Environment Australia on estimating the benefits and costs of restrictions on tree clearing in Queensland.

( Agreed to 7 March 2000 .)

17  Environment—Tasmania—Order for production of documents

That the there be laid on the table by the Minister representing the Minister for Sport and Tourism (Senator Minchin), no later than immediately after question time on the next day of sitting, the following documents: the grant application by Forestry Tasmania and the documentation of the approval of the Dismal Swamp project, held by the Department of Industry, Science and Resources.

( Agreed to 9 November 2000 .)

18  Finance and Public Administration References Committee—Information technology outsourcing inquiry—Order for production of documents

That the Minister representing the Minister for Finance and Administration (Senator Abetz) provide to the Finance and Public Administration References Committee by 26 March 2001 the following documents relating to that committee’s inquiry into the Government’s information technology (IT) outsourcing initiative:

(a) a copy of the legal advice obtained by the Department of Finance and Administration from Phillips Fox, referred to in evidence at the public hearing on 7 February 2001;

(b) a record of documents generated by the Humphry Review and their current location;

(c) a copy of advice from KPMG on whether the IT outsourcing service contracts contained embedded finance leases;

(d) copies of the evaluation reports for IT contracts that have been let, with information identified as commercially sensitive ‘blacked out’ and providing the reasons for such claims;

(e) a copy of legal advice that the disclosure of evaluation reports to the committee may create a significant risk of litigation to the Commonwealth;

(f) a copy of a letter and attachments from the Minister for Finance and Administration (Mr Fahey) dated 20 January 1999 to ministers that gives further detail about the Office of Asset Sales and Information Technology Outsourcing’s role in going forward with the implementation of the IT initiative and advice as to whether the letter was provided to the Humphry Review;

(g) details of the transition arrangements and the operation of the Office of Asset Sales and Information Technology Outsourcing (OASITO) for the next 6 months, including:

(i) arrangements with the consultants that OASITO previously had on the books,

(ii) who is to be retained,

(iii) precisely which contracts have been terminated and when, and

(iv) ongoing liabilities in terms of contract commitments after 31 December 2001; and

(h) copies of financial advice from PricewaterhouseCoopers, dated 26 May 2000, and Deloitte Touche Tohmatsu, dated 10 May 2000, on the methodology used to calculate savings.

( Agreed to 26 March 2001 .)

19  Finance and Public Administration References Committee—Information technology outsourcing inquiry—Order for production of document

That the Senate—

(a) notes that the order for the production of documents relating to the Finance and Public Administration References Committee inquiry into the Government’s information technology outsourcing initiative, which was passed by the Senate on 26 March 2001, has not been complied with; and

(b) requires that the acting Minister for Finance and Administration provide to the Finance and Public Administration References Committee, by no later than the adjournment of the Senate on 4 April 2001, all documents listed in that order.

( Agreed to 3 April 2001 .)

20  Foreign Affairs—Japanese fishing boats—Order for production of documents

That there be laid on the table by the Minister representing the Ministers for Foreign Affairs and Trade, no later than immediately after motions to take note of answers to questions without notice on 30 August 2001, the following documents:

All documents held by the Department of Foreign Affairs and Trade relating to an agreement this year between Australia and Japan to end the port ban on Japanese fishing boats and allow Japanese fishing boats to ‘reclaim’ approximately 350 tonnes of Southern Bluefin Tuna, including any documents linking that agreement with any subsequent trade agreements between Australia and Japan.

( Agreed to 9 August 2001 .)

21  Health—Assessment reports by the Australian Competition and Consumer Commission on anti-competitive health cover practices—Order for production of documents

That there be laid on the table as soon as practicable after the end of each period of 6 months, commencing with the 6 months ending on 31 December 1999, a report by the Australian Competition and Consumer Commission containing an assessment of any anti-competitive or other practices by health funds or providers which reduce the extent of health cover for consumers and increase their out-of-pocket medical and other expenses.

( Agreed to 25 March 1999 .)

22  HIH Insurance—Order for production of documents

That there be laid on the table by the Minister representing the Treasurer (Senator Kemp), no later than immediately after motions to take note of answers on 24 May 2001, all documents relating to representations made since March 1996 by, or on behalf of, HIH Insurance Pty Ltd and/or all associated companies, to:

(a) any minister or parliamentary secretary of the Howard Government; or

(b) the office of any minister or parliamentary secretary of the Howard Government; or

(c) any agency of the Commonwealth Government,

in relation to any of the following matters:

(a) proposed amendments to the Insurance Act 1973 ; or

(b) proposals relating to the enhancement of prudential regulation of the Australian insurance sector; or

(c) proposals relating to the enhancement of prudential regulation of the Australian financial industry.

( Agreed to 23 May 2001 .)

23  Rock lobster fishery—Arrangement—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Agriculture, Fisheries and Forestry, no later than immediately after motions to take note of answers to questions without notice on 30 August 2001, the following documents:

Copies of an ‘Arrangement in relation to the Rock Lobster Fishery between the Commonwealth of Australia and South Australia’ and a further ‘Arrangement between the Commonwealth of Australia and South Australia in relation to the Rock Lobster Fishery’, notified in the Gazette No. S406 of 21 December 1988, both of which were expressed to have been made under the Fisheries Act 1952 (Cth) and the Fisheries Act 1982 (SA).

( Agreed to 9 August 2001 .)

24  Tax reform—Petrol pricing—Order for production of document

That there be laid on the table, no later than 4 pm on 28 June 2000, by the Assistant Treasurer (Senator Kemp), a copy of the economic modelling, including the methodology and assumptions, relating to petrol pricing and referred to by the Prime Minister (Mr Howard) in his interview on the Channel Nine Sunday program on 25 June 2000.

( Agreed to 27 June 2000 .)

25  Taxation—Order for production of documents

That there be laid on the table by the Minister representing the Treasurer (Senator Kemp), no later than immediately after question time 19 sitting days after today, the following documents:

(a) the Segment Accountability reports for the 2 years up to and including 30 June 2000 provided to the Deputy Commissioner of the Large Business and International (LB&I) business line biannually or at any other time from the following LB&I divisions:

(i) Media and Communication,

(ii) Banking and Finance,

(iii) Insurance and Superannuation,

(iv) High Wealth Individuals,

(v) Capital Gains Tax,

(vi) International, and

(vii) Strategic Intelligence Analysis;

(b) the governance reports provided by the Deputy Commissioner of LB&I to the Commissioner and/or second Commissioners for the 2 years up to and including 30 June 2000;

(c) a copy of the report in regards to the transfer pricing project known as the 207 project and supporting documents pertaining to the 207 project strategy;

(d) all agenda documents, supporting documents and minutes of meeting in regards to the Aggressive Tax Planning Steering Committee, chaired by Mr Kevin Fitzpatrick and Mr Michael Bersten, since the inception of the committee; and

(e) a copy of the report into the Australian Taxation Office product rulings, ‘Review of Product Rulings Project 98/99’.

( Agreed to 4 October 2000 .)

26  Taxation—Order for production of documents

(1) That there be laid on the table by the Minister representing the Treasurer (Senator Kemp), no later than immediately after motions to take note of answers to questions without notice on 7 March 2001, the following documents:

(a) the Segment Accountability reports for the 2 years up to, and including, 30 June 2000, provided to the Deputy Commissioner of the Large Business and International (LB&I) business line biannually or at any other time from the following LB&I divisions:

(i) Media and Communication,

(ii) Banking and Finance,

(iii) Insurance and Superannuation,

(iv) High Wealth Individuals,

(v) Capital Gains Tax,

(vi) International, and

(vii) Strategic Intelligence Analysis;

(b) the governance reports provided by the Deputy Commissioner of LB&I to the Commissioner and/or second Commissioners for the 2 years up to, and including, 30 June 2000;

(c) a copy of the report in regards to the transfer pricing project known as the 207 project and supporting documents pertaining to the 207 project strategy;

(d) all agenda documents, supporting documents and minutes of meetings in regards to the Aggressive Tax Planning Steering Committee, chaired by Mr Kevin Fitzpatrick and Mr Michael Bersten, since the inception of the committee; and

(e) a copy of the report into the Australian Taxation Office product rulings, Review of Product Rulings Project 1998/99 .

(2) That, in complying with this order, the Minister may cause the following kinds of information to be deleted from the documents:

(a) the names of individual taxpayers; and

(b) information which would directly and specifically harm the strategic pursuit of tax avoidance,

provided that the withholding of such information does not prevent the Senate from gaining a clear understanding of the information contained in the reports, minutes, documents and supporting documents referred to in paragraph (1).

( Agreed to 5 March 2001 .)

27  Taxation—Opinion polls—Order for production of documents

That there be laid on the table by the Leader of the Government in the Senate (Senator Hill), no later than immediately after questions without notice on 7 December 2000, all GST-related public opinion polling commissioned by government departments from 1 January 1999 to 30 September 2000.

( Agreed to 4 December 2000 .)

28  Transport—Black Spot Project—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Transport and Regional Services by 5 pm on 22 August 2001, the following documents:

(a) a minute (held in file number K97/0097) concerning Black Spot Project reference number N00752, dated 12 December 1997, from the Federal Office of Road Safety and signed by Mr Anthony Ockwell to the then Minister for Transport and Regional Development, Mr Vaile;

(b) question time briefs (held in file number K96/758) relating to Black Spot Project reference number N00752, dated 24 February 1998, from the Federal Office of Road Safety to the then Minister for Transport and Regional Development;

(c) question time briefs (held in file number K96/758) relating to Black Spot Project reference number N00752, dated 26 February 1998, from the Federal Office of Road Safety to the then Minister for Transport and Regional Development; and

(d) question time briefs (held in file number K96/758) relating to Black Spot Project reference number N00752, dated 5 March 1998, from the Federal Office of Road Safety to the then Minister for Transport and Regional Development.

( Agreed to 21 August 2001 .)

29  Waterfront reform—Order for production of documents

That the following documents be laid on the table no later than 3 pm on Monday, 25 May 1998:

(a) by the Minister representing the Minister for Transport and Regional Development (Senator Alston):

(i) copies of all reports or advices commissioned by the Minister from the Department of Transport and Regional Development, or from outside the department, dealing with waterfront reform, or touching on industrial relations on the waterfront since 1 January 1997 including, but not limited to, all reports prepared by and correspondence from or to Dr John Davies, Dr Stephen Webster, Minter Ellison, Corrs Chambers Westgarth, Mr David Webb and the National Institute of Labor Studies, and

(ii) copies of all reports, advices, file notes and correspondence involving Dr Webster or any officers of the department with Fynwest or any directors of Fynwest in respect of waterfront reform or the training of an alternative waterfront workforce;

(b) by the Minister representing the Minister for Workplace Relations and Small Business (Senator Alston):

(i) copies of all reports or advice commissioned by the Minister from the Department of Workplace Relations and Small Business, or from outside the department, dealing with waterfront reform, or touching on industrial relations on the waterfront including, but not limited to, all reports prepared by and correspondence from or to Dr John Davies, Dr Stephen Webster, Minter Ellison, Corrs Chambers Westgarth, Mr David Webb and the National Institute of Labor Studies,

(ii) copies of all reports, advices, legal advices, correspondence, meeting notes, briefing notes and file notes touching on any companies, directors or employees of any of the Patrick group of companies since 1 January 1997, and

(iii) copies of all reports, advices, file notes and correspondence involving Dr Webster or any officers of the department with Fynwest or any directors of Fynwest in respect of waterfront reform or the training of an alternative waterfront workforce; and

(c) by the Minister representing the Prime Minister (Senator Hill):

(i) copies of all reports, advices, file notes and correspondence involving Dr Webster or any officers of the Department of Prime Minister and Cabinet with Fynwest or any directors of Fynwest in respect of waterfront reform or the training of an alternative waterfront workforce, and

(ii) copies of all reports, advices, legal advices, correspondence, meeting notes, briefing notes and file notes touching on any companies, directors or employees of any of the Patrick group of companies since 1 January 1997.

( Agreed to 13 May 1998 .)

30  Workplace Relations—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Employment, Workplace Relations and Small Business, no later than immediately after motions to take note of answers on 18 June 2001, the following documents:

(a) Department of Employment, Workplace Relations and Small Business, File No: WR99/6889 entitled Meat Processing Industry—G & K O’Connor Pty Ltd—Industries Issues—Workplace Reform Group—1999—Part One; Folios 1, 2, 3-14,15-16, 17-32, 33-36, 37, 38-41, 42-45, 46-48, 49-50, 51-52, 53-54, 55-63, 64-68, 69-76, 77, 78, 79, 80, 81-94, 95, 96-99, 100, 101-102, 103, 104-105, 106, 107-108, 109, 110, 111-114, 115-127, 128, 129-132, 133-142, 143, 144-184, 185-193, 194, 195-199, 200-203, 204, 205-211, 212-214, 215-229, 230-231, 232-237, 238, 239-242, 243;

(b) Department of Employment, Workplace Relations and Small Business, File No: WR99/13790 entitled Meat Processing Industry—G & K O’Connor Pty Ltd—Industries Issues—Workplace Reform Group—1999—Part Two; Folios 1, 2-6, 7, 8-10, 11-44, 45, 46-47, 48-64, 65, 66-68, 69-76, 77-79, 80, 81, 82-84, 85, 86-89, 90, 91-105, 106, 107-109, 110, 111, 112, 113-119, 120-121, 122, 123-125;

(c) Department of Employment, Workplace Relations and Small Business, File No: WR00/877 entitled G & K O’Connor Meat Processing Plant—Federal Court Action against Office of Employment Advocate (OEA) AWA—No Disadvantage Test—1999-2000; Folios 1, 2-18, 19, 20-36, 37, 38-39, 40-49, 50, 51-81, 82-83, 84, 85-86, 87-106, 107-108, 109-112, 113, 114, 115-118, 119-129, 130-143, 144-145;

(d) Department of Employment, Workplace Relations and Small Business, File No: WR00/873 entitled G & K O’Connor Meat Processing Plant—Dispute—AWA Industrial Action—S 127—1999-2000—Part One; Folios 1, 2, 3-43, 44-46, 47, 48-77, 78-80, 81-82, 83, 84, 85-90, 91, 92-93, 94-101, 102, 103-106, 107-108, 109-113, 114-118, 119-123, 124-157, 158;

(e) Department of Employment, Workplace Relations and Small Business, File No: WR00/875 entitled G & K O’Connor Meat Processing Plant—Dispute—AWA Industrial Action—S 127—1999-2000—Part Two; Folios 1, 2-30, 31, 32-65, 66-94, 95-104, 105-106, 107, 108-112, 113-116, 117-125, 126-127, 128; and

(f) Department of Employment, Workplace Relations and Small Business, Manila Folder—M Manthrope and O’Connor—Files, notes of conversation—AMIEU issues in dispute: Folios 1-21.

( Agreed to 24 May 2001 .)

Parliamentary Privilege

31  Federal Court judgment—Examination of documents

(1) The disposition of the documents delivered to the Clerk of the Senate on 29 September 2000 pursuant to the order of the Federal Court of 18 February 2000 in Crane v Gething shall be determined in accordance with this resolution.

(2) The Senate appoints Mr Stephen Skehill, SC to examine the documents.

(3) The Clerk of the Senate shall provide to the person appointed under paragraph (2) the documents delivered by the Federal Court, sealed as received from the Court.

(4) The person appointed under paragraph (2) shall examine the documents and determine whether any of the documents are immune from seizure under search warrant by virtue of parliamentary privilege, having regard to the Parliamentary Privileges Act 1987 , relevant court judgments relating to the interpretation and application of the Act, relevant sections of Privileges Committee reports dealing with protection of documents of senators and such other matters as that person considers relevant.

(5) The person appointed under paragraph (2) shall divide the documents into two categories, those immune from seizure and those not immune from seizure, and seal them into two packages identified accordingly. Those documents that are immune from seizure are to be returned to Senator Crane and those not immune from seizure are to be forwarded to the Australian Federal Police.

(6) Before sealing the package of documents not immune from seizure the person appointed under paragraph (2) shall cause such documents to be copied and the copies of the documents shall be forwarded to Senator Crane at the same time as the originals are forwarded to the Australian Federal Police.

(7) For the purposes of paragraph (5), where documents are included with other documents in electronic form on a disk or tape, the documents shall be printed out, only printed copies of such documents shall be placed in the package of documents not immune from seizure, and the disks or tapes shall be placed in the package identified as documents immune from seizure.

(8) The person appointed under paragraph (2), on completion of this task, shall provide the President of the Senate with a brief statement that the task has been completed and the President shall table that statement in the Senate.

(9) The person appointed under paragraph (2) shall be paid such fee as is approved by the President after consultation with senators.

( Agreed to 5 December 2000 .)

32  Federal Court judgment—Examination of documents—Variation

That, for the purposes of the order of the Senate of 5 December 2000 relating to the examination of documents following the order of the Federal Court in Crane v Gething , the person appointed to examine the documents also determine which documents are immune from seizure because they are beyond the scope of the warrants issued on 17 and 18 December 1998 pursuant to section 3E of the Crimes Act 1914 and return those documents to Senator Crane.

( Agreed to 8 August 2001 .)

Parliamentary Secretaries

33  Powers

That the continuing order of the Senate relating to the powers of parliamentary secretaries be amended to omit ‘ Parliamentary Secretaries Act 1980 ’ and to substitute ‘ Ministers of State Act 1952 ’.

( Agreed to 4 April 2000 .)

34  Powers—Further amendment

That the continuing order of the Senate relating to the powers of parliamentary secretaries be amended as follows, with effect from 1 January 2002:

(1) Any senator appointed a parliamentary secretary under the Ministers of State Act 1952 may exercise the powers and perform the functions conferred upon ministers by the procedures of the Senate, but may not be asked or answer questions which may be put to ministers under standing order 72(1) or represent a Senate minister in relation to that minister’s responsibilities before a legislation committee considering estimates.

(2) This order is of continuing effect.

( Agreed to 6 February 2001 .)