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Orders of the Senate

Address-in-reply

1  Address-in-reply

That standing order 3(4) be suspended to enable the Senate to consider business other than that of a formal character before the address-in-reply to the Governor-General’s opening speech has been adopted.

( Agreed to 13 February 2002 .)

Committees

2  Allocation of departments

Departments and agencies are allocated to the legislative and general purpose standing committees as follows:

Community Affairs

Family and Community Services

Health and Ageing

Economics

Treasury

Industry, Tourism and Resources

Employment, Workplace Relations and Education

Employment and Workplace Relations

Education, Science and Training

Environment, Communications, Information Technology and the Arts

Environment and Heritage

Communications, Information Technology and the Arts

Finance and Public Administration

Parliament

Prime Minister and Cabinet

Finance and Administration

Foreign Affairs, Defence and Trade

Foreign Affairs and Trade

Defence (including Veterans’ Affairs)

Legal and Constitutional

Attorney-General

Immigration and Multicultural and Indigenous Affairs

Rural and Regional Affairs and Transport

Transport and Regional Services

Agriculture, Fisheries and Forestry.

( 1 May 1996, amended 2 September 1997, 21 October 1997, 11 November 1998, 8 February 2001 and 13 February 2002 .)

*3  Community Affairs References Committee—Authorisation to meet

That the Community Affairs References Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 21 March 2002, from 3.30 pm, to take evidence for the committee’s inquiry into nursing.

( Agreed to 20 March 2002 .)

4  Estimates hearings

(1) That estimates hearings by legislation committees for the year 2002 be scheduled as follows:

2001-02 additional estimates:

Monday, 18 February and Tuesday, 19 February and, if required, Friday, 22 February ( Group A )

Wednesday, 20 February and Thursday, 21 February and, if required, Friday, 22 February ( Group B )

2002-03 budget estimates:

Monday, 27 May to Thursday, 30 May and, if required, Friday, 31 May ( Group A )

Monday, 3 June to Thursday, 6 June and, if required, Friday, 7 June ( Group B )

Wednesday, 20 November, and, if required, Friday, 22 November ( supplementary hearings-Group A )

Thursday, 21 November and, if required, Friday, 22 November ( supplementary hearings-Group B ).

(2) That the committees consider the proposed expenditure in accordance with the allocation of departments to committees agreed to by the Senate.

(3) That committees meet in the following groups:

Group A:

Environment, Communications, Information Technology and the Arts

Finance and Public Administration

Legal and Constitutional

Rural and Regional Affairs and Transport

Group B:

Community Affairs

Economics

Employment, Workplace Relations and Education

Foreign Affairs, Defence and Trade.

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

Wednesday, 13 March 2002 in respect of the 2001-02 additional estimates, and

Wednesday, 19 June 2002 in respect of the 2002-03 budget estimates.

( Agreed to 13 February 2002 .)

5  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 .)

Legislation

*6  Senate consideration—Variation

That the provisions of paragraphs (5) to (7) of standing order 111 not apply to the Migration Legislation Amendment (Transitional Movement) Bill 2002, allowing it to be considered during this period of sittings.

( Agreed to 20 March 2002 .)

*7  Senate consideration—Variation

That the provisions of paragraphs (5) to (7) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

Appropriation (Parliamentary Departments) Bill (No. 2) 2001-2002

Appropriation Bill (No. 3) 2001-2002

Appropriation Bill (No. 4) 2001-2002

Financial Corporations (Transfer of Assets and Liabilities) Amendment Bill 2002

Quarantine Amendment Bill 2002

Taxation Laws Amendment (Baby Bonus) Bill 2002

Taxation Laws Amendment Bill (No. 1) 2002

Therapeutic Goods Amendment Bill (No. 1) 2002

Therapeutic Goods (Charges) Amendment Bill 2002

Therapeutic Goods Amendment (Medical Devices) Bill 2002

Veterans’ Entitlements Amendment (Gold Card Extension) Bill 2002

Veterans’ Affairs Legislation Amendment (Further Budget 2000 and Other Measures) Bill 2002.

( Agreed to 20 March 2002 .)

Meeting of Senate

8  Meeting of Senate

That the days of meeting of the Senate for 2002 be as follows:

Summer sittings:

Tuesday, 12 February to Thursday, 14 February

Autumn sittings:

Monday, 11 March to Thursday, 14 March

Tuesday, 19 March to Thursday, 21 March

Budget sittings:

Tuesday, 14 May to Thursday, 16 May

Winter sittings:

Monday, 17 June to Thursday, 20 June

Monday, 24 June to Thursday, 27 June

Spring sittings:

Monday, 19 August to Thursday, 22 August

Monday, 26 August to Thursday, 29 August

Monday, 16 September to Thursday, 19 September

Monday, 23 September to Thursday, 26 September

Monday, 14 October to Thursday, 17 October

Monday, 21 October to Thursday, 24 October

Monday, 11 November to Thursday, 14 November

Monday, 18 November to Tuesday, 19 November

Monday, 2 December to Thursday, 5 December

Monday, 9 December to Thursday, 12 December.

( Agreed to 13 February 2002 .)

Orders for production of documents

9  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 .)

10  Health—Tobacco—Order for production of document

(1) That the Senate, having regard to:

(a) the enormous health disaster represented by tobacco;

(b) the rising costs of tobacco diseases, conservatively estimated at $12.7 billion (1992), that are borne by governments, individuals and businesses, including health care costs, lost productivity, absenteeism, and social security payments;

(c) the availability of evidence that the tobacco industry in other countries, including parent companies to Australian manufacturers may have engaged in:

(i) misleading and deceptive conduct to downplay the adverse health effects of smoking and the addictiveness of nicotine, and

(ii) misleading, deceptive and unconscionable conduct in relation to the marketing of tobacco products to children; and

(d) the desirability of preventing or reducing loss or damage suffered or likely to be suffered by such conduct, and of compensation being available for any loss and damage suffered or likely to be suffered by that conduct;

resolves that there be laid on the table, no later than 30 April 2002, a report by the Australian Competition and Consumer Commission (ACCC) on the performance of its functions under the Trade Practices Act 1974 , with respect to:

(e) the outcome of ACCC investigations into the conduct of Australian tobacco companies and their overseas parent and affiliate companies in relation to any such misleading, deceptive or unconscionable conduct;

(f) whether documents publicly released during the course of tobacco litigation in the United States of America contain evidence of anti-competitive behaviour or breaches of Australian law;

(g) the adequacy of current labelling laws under the Trade Practices (Consumer Product Information Standards) (Tobacco) Regulations to fully inform consumers of the risk that they are exposed to;

(h) the extent of loss or damage caused, or likely to be caused, by the conduct referred to in paragraph (e) in Australia;

(i) the extent to which the tobacco industry may be made liable to compensate for that loss or damage, or the extent to which that loss or damage may be prevented or reduced; and

(j) the potential for tobacco litigation in Australia, including for compensation and remedial action, in respect of that conduct.

(2) That, in preparing a report under paragraph (1), the ACCC is to consider:

(a) the importance of this issue to Australian public health;

(b) the impact of the costs of treating tobacco-related disease in Australia and the associated productivity losses borne by Australian businesses;

(c) the desirability of ensuring that the tobacco industry is made accountable under the Trade Practices Act in respect of such conduct, that any loss or damage suffered or likely to be suffered by that conduct be prevented or reduced and that any persons harmed or likely to be harmed by that conduct obtain appropriate compensation; and

(d) the potential for overseas parent and affiliate companies being made liable for such loss or damage; and

indicate in its report the action it has taken, and the action it proposes to take, with regard to the matters upon which it is required to report.

( Agreed to 24 September 2001 .)

*11  Health—Nuclear testing—Order for production of documents

That there be laid on the table by the Minister for Defence (Senator Hill), no later than immediately after motions to take note of answers on 20 March 2002, the following documents:

R225.040 Health Physics - Tolerances Ingested and Inhaled Materials

R225.041 Health Physics - External Radiations

R216.010 Chemical Warfare Testing Sites - Report by Joint Aus/US Survey Team

R217.025 Effect on Personnel of Atomic Testing at Maralinga

R100.018 DCMO Brisbane and Amberley

R208.010 Certificates for wounds and hurts

R065.015 Likelihood of Clandestine Introduction of Nuclear Weapons into Australia

R065.046 UK Testing at Woomera of Missiles with Nuclear Warheads

R210.004 Radiation Dose Records

R010.002 Comparison of UK Personnel Listings Against Exposure Records in Australia

R228.022 Safety Procedures and Health Effects - Investigations

R009.011 Weapons Atomic Test Program Investigation of Safety and Health Effect.

( Agreed to 20 March 2002 .)

Orders for production of documents still current from previous parliaments

 

Date of order

Subject

Addressed to

25.1 0.1995

Administrative decision-making—Effect of international instruments

Minister representing the Attorney-General

13.05.1998

Waterfront reform

Minister representing the Minister for Transport and Regional Development (Senator Alston);

Minister represen ting the Minister for Workplace Relations and Small Business (Senator Alston); and

Minister representing the Prime Minister (Senator Hill)

07.03.2000

Environment—Queensland—Tree clearing

Minister for the Environment and Heritage (Senator Hill)

03.04.2000

Aged care—Riverside Nursing Home

Minister representing the Minister for Aged Care

27.06.2000

Tax reform—Petrol pricing

Assistant Treasurer (Senator Kemp)

09.11.2000

Environment—Tasmania

Minister representing the Minister for Sport and Tourism (Senator M inchin)

04.12.2000

Taxation—Opinion polls

Leader of the Government in the Senate (Senator Hill)

05.03.2001

Taxation

Minister representing the Treasurer (Senator Kemp)

23.05.2001

HIH Insurance

Minister representing the Treasurer (Senator Kemp)

24.05.200 1

Workplace relations

Minister representing the Minister for Employment, Workplace Relations and Small Business

09.08.2001

Foreign Affairs—Japanese fishing boats

Minister representing the Ministers for Foreign Affairs and Trade

21.08.2001

Transport—Black Spot Project

Minister representing the Minister for Transport and Regional Services

23.08.2001

Environment—Great Barrier Reef—Water quality control

Leader of the Government in the Senate (Senator Hill)

19.09.2001

Transport—Ansett Australia

Minister representing the Minister for Transport and Regional Services

20.09.2001

Transport—Ansett Australia

Minister representing the Prime Minister