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Orders of the Senate

Amendments to standing orders and orders of continuing effect

1  Senators breastfeeding infants

That standing order 175 be amended to read as follows:

175 Conduct of visitors

(1) Visitors may attend, in the galleries provided, a sitting of the Senate.

(2) A person other than a senator, a clerk at the table or an officer attending on the Senate may not:

(a) attend a meeting of the Senate in private session; or

(b) enter any part of the Senate chamber reserved for senators while the Senate is sitting.

(3) Paragraph (2) does not apply in respect of a senator breastfeeding an infant.

( 4 ) The Usher of the Black Rod shall, subject to any direction by the Senate or the President, take into custody any person who enters any part of the chamber reserved for senators while the Senate is sitting, or causes a disturbance in or near the chamber, and a person so taken into custody shall be discharged out of custody in accordance with an order of the Senate.

( Agreed to 13 May 2003 .)

2  Committee meetings during adjournment debate

That standing order 33 be amended to read as follows:

33 Meetings during sitting

(1) A committee of the Senate and a joint committee of both Houses of the Parliament may meet during sittings of the Senate for the purpose of deliberating in private session, but shall not make a decision at such a meeting unless:

(a) all members of the committee are present; or

(b) a member appointed to the committee on the nomination of the Leader of the Government in the Senate and a member appointed to the committee on the nomination of the Leader of the Opposition in the Senate are present, and the decision is agreed to unanimously by the members present.

(2) The restrictions on meetings of committees contained in paragraph (1) do not apply after the question for the adjournment of the Senate has been proposed by the President at the time provided on any day.

( 3 ) A committee shall not otherwise meet during sittings of the Senate except by order of the Senate.

( 4 ) Proceedings of a committee at a meeting contrary to this standing order shall be void.

( Agreed to 14 May 2003 .)

3  Deadline for receipt of bills

That standing order 111 be amended to read as follows:

111 Initiation

(5) Where a bill:

(a) is first introduced in the Senate by a minister in a period of sittings; or

(b) is received from the House of Representatives and was introduced in that House in the same period of sittings; or

(c) is received from the House of Representatives after the expiration of two-thirds of the total number of days of sitting of the Senate scheduled for that period of sittings,

and a motion is moved for the second reading of the bill, debate on that motion shall be adjourned at the conclusion of the speech of the senator moving the motion and resumption of the debate shall be made an order of the day for the first day of sitting in the next period of sittings without any question being put.

(6) Paragraph (5) does not apply to a bill introduced in the Senate or received from the House of Representatives within the first two-thirds of the total number of days of sitting of the Senate scheduled for the first period of sittings after a general election of the House of Representatives, but consideration of such a bill shall not be resumed after the second reading is moved in the Senate unless 14 days have elapsed after the first introduction of the bill in either House.

(7) Paragraph (5) does not apply to a bill received by the Senate again in the circumstances described in the first paragraph of section 57 of the Constitution.

( 8 ) In paragraphs (5) and (6) “period of sittings” means a period during which the Senate adjourns for not more than 20 days.

( Agreed to 14 May 2003 .)

4  Times of meeting and routine of business on Tuesday

That standing orders 55 and 57 be amended to read as follows:

55 Times of meetings

(1) The days and times of meeting of the Senate in each sitting week shall be:

Monday  12.30 pm - 6.30 pm, 7.30 pm - 10.30 pm

Tuesday   12.30 pm - adjournment

Wednesday  9.30 am - 8 pm

Thursday  9.30 am - 8.40 pm.

57 Routine of business

(1) The routine of business shall be:

(b) On Tuesday:

(i) Government business only

(ii) At 2 pm, questions

(iii)  Motions to take note of answers

(iv)  Petitions

(v)  Notices of motion

(vi)  Postponement and rearrangement of business

(vii)  Formal motions - discovery of formal business

(viii)  Any proposal to debate a matter of public importance or urgency

(ix)  Government business

(x)  At 6.50 pm, consideration of government documents for up to 30 minutes under standing order 61

(xi)  At 7.20 pm, adjournment proposed

(xii)  Adjournment.

( Agreed to 14 May 2003 .)

5  Departmental and agency contracts—Order for production of documents

That the order be amended to read as follows:

(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 2 calendar months after the last day of the financial and calendar year , 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, the amount of the consideration and the subject matter of each such contract , the commencement date of the contract, the duration of the contract, the relevant reporting period and the twelve-month period relating to the contract listings ;

(c) whether each such contract contains provisions requiring the parties to maintain confidentiality of any of its provisions, or whether there are any other requirements of confidentiality, and a statement of the reasons for the confidentiality; and

(d) an estimate of the cost of complying with this order and a statement of the method used to make the estimate.

(3) If a list under paragraph (1) does not fully comply with the requirements of paragraph (2), the letter under paragraph (1) indicate the extent of, and reasons for, non-compliance, and when full compliance is expected to be achieved. Examples of non-compliance may include:

(a) the list is not up to date;

(b) not all relevant agencies are included; and

(c) contracts all of which are confidential are not included.

(4) Where no contracts have been entered into by a department or agency, the letter under paragraph (1) is to advise accordingly.

(5) 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.

(6) In respect of letters including matter under paragraph (3), the Auditor-General be requested to indicate in a report under paragraph (5) that the Auditor-General has examined a number of contracts, selected by the Auditor-General, which have not been included in a list, and to indicate whether the contracts should be listed.

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

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

(9) In this order:

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

previous 12 months ” means the period of 12 months ending on either 31 December or 30 June in any year , as the case may be.

( Agreed to 20 June 2001; amended 27 September 2001, 18 June and 26 June 2003. )

Committees

6  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 .)

7  Corporations and Financial Services—Joint Statutory Committee—Authorisation to meet

That the Parliamentary Joint Committee on Corporations and Financial Services be authorised to hold public meetings during the sittings of the Senate on 19 August and 20 August 2003 from 4.30 pm, to take evidence for the committee’s inquiry into Australia’s insolvency laws.

( Agreed to 19 August 2003 .)

8  Estimates hearings

(1) That estimates hearings by legislation committees for the year 2003 be scheduled as follows:

2002-03 additional estimates:

Monday, 10 February and Tuesday, 11 February and, if required, Friday, 14 February ( Group A )

Wednesday, 12 February and Thursday, 13 February and, if required, Friday, 14 February ( Group B ).

2003-04 Budget estimates:

Monday, 26 May to Thursday, 29 May and, if required, Friday, 30 May ( Group A )

Monday, 2 June to Thursday, 5 June and, if required, Friday, 6 June ( 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, 19 March 2003 in respect of the 2002-03 additional estimates, and

Thursday, 19 June 2003 in respect of the 2003-04 Budget estimates .

( Agreed to 11 December 2002 .)

9  Foreign Affairs, Defence and Trade—Joint Standing Committee—Authorisation to meet

That the Joint Standing Committee on Foreign Affairs, Defence and Trade be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during sittings of the Senate.

( Agreed to 12 November 2002 .)

10  Foreign Affairs, Defence and Trade References Committee—Authorisation to meet

That the Foreign Affairs, Defence and Trade References Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 21 August 2003, from 7 pm to 10 pm, to take evidence for the committee’s inquiry into an examination of the Government’s foreign and trade policy strategy.

( Agreed to 12 August 2003 .)

11  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

12  Customs Tariff Amendment Bill (No. 2) 2003—Excise Tariff Amendment Bill (No. 1) 2003—Further consideration of the bills

That:

(1) For the reasons set out in paragraph (3), further consideration of the bills be postponed and be made an order of the day for the next day of sitting after the Government fully complies with the order for the production of documents relating to a proposed excise and production subsidy made on 16 October 2002.

(2) Senators who have spoken to the motion ‘That these bills be now read a second time’ may speak again to that motion for up to 20 minutes each when the bill is again called on.

(3) The reasons referred to in paragraph (1) are as follows:

(a) the bills remove the excise exemption for fuel ethanol and impose an excise duty rate equivalent to that applying to petroleum and impose an excise duty on imports of fuel ethanol;

(b) on 16 October 2002, the Senate ordered the production of documents related to the imposition of fuel ethanol excise and a production subsidy to be tabled on or before 21 October 2002;

(c) the Parliamentary Secretary to the Treasurer (Senator Ian Campbell) advised the Senate on 21 October 2002 that the documents, subject to the order, would be provided as soon as possible;

(d) Senator Ian Campbell advised the Senate on 13 December 2002 that the documents would be tabled out of session on 17 December 2002 and further advised the Senate on 5 February 2003 that the documents would be provided as soon as possible;

(e) the Senate called on the Government to comply with the order on 11 December 2002, 4 March 2003 and 26 March 2003;

(f) it has been revealed that documents relating to the order concern, among other matters, a meeting between the Prime Minister (Mr Howard) and Mr Dick Honan, Chairman of Manildra, on 1 August 2002; and

(g) passage of the bills now would be ill-advised in the absence of full information about the Government’s consideration of ethanol policy.

( Agreed to 12 August 2003 .)

13  Senate consideration—Variation

(1) That a bill shall not be considered in committee of the whole, unless, prior to the resolution of the question for the second reading, any senator has:

(a) circulated in the Senate a proposed amendment or request for amendment of the bill; or

(b) required in debate or by notification to the chair that the bill be considered in committee of the whole.

(2) That this order operate as a sessional order.

( Agreed to 20 June 2002 .)

Meeting of Senate

14  Meeting of Senate

That the days of meeting of the Senate for 2003 shall be as follows:

Summer sittings:

Tuesday, 4 February to Thursday, 6 February

Autumn sittings:

Monday, 3 March to Thursday, 6 March

Tuesday, 18 March to Thursday, 20 March

Monday, 24 March to Thursday, 27 March

Budget sittings:

Tuesday, 13 May to Thursday, 15 May

Winter sittings:

Monday, 16 June to Thursday, 19 June

Monday, 23 June to Thursday, 26 June

Spring sittings:

Monday, 11 August to Thursday, 14 August

Monday, 18 August to Thursday, 21 August

Monday, 8 September to Thursday, 11 September

Monday, 15 September to Thursday, 18 September

Tuesday, 7 October to Thursday, 9 October

Monday, 13 October to Thursday, 16 October

Monday, 27 October to Thursday, 30 October

Monday, 3 November and Tuesday, 4 November

Monday, 24 November to Thursday, 27 November

Monday, 1 December to Thursday, 4 December.

( Agreed to 12 November 2002 .)

15  Adjournment debate on Tuesdays—Temporary order

(1) On the question for the adjournment of the Senate on Tuesday, a senator who has spoken once subject to the time limit of 10 minutes may speak again for not more than 10 minutes if no other senator who has not already spoken once wishes to speak, provided that a senator may by leave speak for not more than 20 minutes on one occasion.

(2) This order shall cease to have effect at the conclusion of the last sitting day in 2003.

( Agreed to 19 November 2002 upon adoption of recommendations in the Procedure Committee’s second report of 2002 .)

Orders for production of documents

16  Mining—Christmas Island—Order for production of documents

That there be laid on the table, no later than 4 pm on Tuesday, 25 June 2002, the following documents:

(a) the current mine lease or leases on Christmas Island held by Phosphate Resource Ltd (PRL), including all conditions;

(b) the Environment Management Plan for the lease or leases;

(c) any Environment Australia (EA) documents relating to compliance, oversight and enforcement of the lease or leases and conditions;

(d) all materials relating to breaches of conditions, including claims, investigations and actions;

(e) any audits of PRL’s rehabilitation program;

(f) any new mining proposals for Christmas Island;

(g) a current tenure map of all blocks that have been mined;

(h) any documents relating to the transfer of any lots to or from PRL;

(i) any documents relating to the current mine rehabilitation budget for EA on Christmas Island;

(j) any documents relating to the current status of rehabilitation on lease block 138;

(k) any documents relating to the payment or non-payment of power bills by PRL;

(l) any documents relating to alternative locations for the proposed detention centre on Christmas Island;

(m) any documents containing responses of EA to the detention centre proposal; and

(n) current funds held for purposes of mine rehabilitation on Christmas Island.

( Agreed to 19 June 2002 .)

17  Superannuation system—Order for production of document

That there be laid on the table, on the last sitting day of the winter sittings 2002, the revised costings document, including the correct phasing-in arrangements, of the Australian Labor Party’s plan for a fairer superannuation system, prepared by Phil Gallagher (Manager, Retirement and Income Modelling Unit, Treasury) which was sent to the Treasurer’s office in the week beginning 20 May 2002 and identified in Mr Gallagher’s evidence before the Economics Legislation Committee on 4 June 2002.

( Agreed to 24 June 2002 .)

18  Finance—Retirement and Income Modelling—Order for production of documents

That there be laid on the table, on the last sitting day of the 2002 winter sittings, the modelling, including information on projected spending for payments to individuals, education, health and aged care spending, prepared for the draft Intergenerational Report in early 2002 before budget changes were factored in, prepared by the Retirement and Income Modelling Unit, Treasury and identified in Treasury’s evidence before the Economics Legislation Committee on 6 June 2002.

( Agreed to 25 June 2002 .)

19  Health—Tobacco—Order for production of document

That the Senate—

(a) notes the report tabled in the Senate on 6 May 2002 from the Australian Competition and Consumer Commission (ACCC) on the performance of its functions under the Trade Practices Act 1974 (the Act) with regard to tobacco and related matters, as required by the order of the Senate of 24 September 2001;

(b) notes that the Senate may require the ACCC to provide it with information in accordance with section 29 of the Act;

(c) requires the ACCC to report, as soon as possible, on the following issues:

(i) whether Australian tobacco companies have engaged in misleading or deceptive conduct in their use of the terms ‘mild’ and ‘light’, and

(ii) whether there has been any misleading, deceptive or unconscionable conduct in breach of the Act by British American Tobacco and/or Clayton Utz with regard to document destruction for the purpose of withholding information relevant to possible litigation;

(d) requests the ACCC to engage in consultation with interested parties and stakeholders over the perceived inadequacies in its response to the order of the Senate of 24 September 2001 and requires the ACCC to report on those consultations as soon as possible;

(e) notes that once the Senate has had the opportunity to consider the ACCC’s further reports on the use of the terms ‘mild’ and ‘light’, whether there has been misleading, deceptive or unconscionable conduct in relation to document destruction, and the ACCC’s consultations, it will consider whether a further report should be sought from the ACCC in response to the order of the Senate of 24 September 2001;

(f) calls on the Commonwealth Government to pursue the possibility of a Commonwealth/state public liability action against tobacco companies to recover healthcare costs to the Commonwealth and the states caused by the use of tobacco; and

(g) calls on the Commonwealth to address the issue of who should have access to the more than $200 million collected in respect of tobacco tax and licence fees by tobacco wholesalers but not passed on to Government (see Roxborough v. Rothmans ) by introducing legislation to retrospectively recover that amount for the Commonwealth and/or to establish a fund on behalf of Australian consumers and taxpayers, and in either case for the moneys to be used for the purpose of anti-smoking and other public health issues .

( Agreed to 27 June 2002 .)

20  Animal Welfare—Cattle—Order for production of documents

That there be laid on the table, no later than 4 pm on Wednesday, 21 August 2002, the following documents:

(a) the Livestock Officer’s report on the voyage of the Maysora , a Jordanian flagged vessel, travelling from Australia on 28 February 2001 carrying live cattle; and

(b) the Master’s reports from the same voyage.

( Agreed to 20 August 2002 .)

21  Superannuation Working Group—Order for production of document

That there be laid on the table, on the next day of sitting, the report presented to the Government by the Superannuation Working Group on 28 March 2002.

( Agreed to 28 August 2002 .)

22  Health—Assessment reports by the Australian Competition and Consumer Commission—Order for production of documents—Variation

That the order of the Senate of 25 March 1999, relating to an order for the production of periodic reports by the Australian Competition and Consumer Commission on private health insurance, be amended as follows:

Omit “6 months, commencing with the 6 months ending on 31 December 1999”, substitute “12 months ending on or after 30 June 2003”.

( Agreed to 18 September 2002 .)

23  Transport—Ethanol—Order for production of documents

That there be laid on the table, no later than immediately after motions to take note of answers on Monday, 21 October 2002:

(a) all documents relating to the meeting between the Minister for Agriculture, Fisheries and Forestry (Mr Truss) and the Executive Director of the Australian Institute of Petroleum on 21 August 2002, including but not limited to:

(i) papers prepared for the meeting by the Department of Agriculture, Fisheries and Forestry, the Department of the Prime Minister and Cabinet, the Department of Industry, Tourism and Resources, and/or Mr Truss’ office,

(ii) any agenda or attendance papers,

(iii) any notes made by departmental officers and/or ministerial advisers at the meeting, including but not limited to hand-written notes, and

(iv) any papers that document the outcome of the meeting, including but not limited to file notes prepared by departmental officers and/or ministerial advisers;

(b) all records of communications between:

Ÿ  Mr JT Honan, Chairman of Manildra and/or other Manildra managers and staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to correspondence, telephone records and file notes;

(c) all records of any meetings between:

Ÿ  Mr JT Honan, Chairman of Manildra and/or other Manildra managers and staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to hand-written file notes;

(d) all records of communications between:

Ÿ  Mr Bob Gordon, Executive Director of the Australian Biofuels Association and/or other Australian Biofuels Association staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to correspondence, telephone records and file notes;

(e) all records of any meetings between:

Ÿ  Mr Bob Gordon, Executive Director of the Australian Biofuels Association and/or other Australian Biofuels Association staff, and

Ÿ  the Prime Minister, Treasurer, Minister for Trade, Minister for Industry, Tourism and Resources, Minister for Agriculture, Fisheries and Forestry, Assistant Treasurer, and/or departmental officers and ministerial advisers,

concerning the Government’s consideration of an ethanol excise and production subsidy, including but not limited to hand-written file notes; and

(f) all analysis by the Treasury, the Department of Finance, Department of the Prime Minister and Cabinet, Department of Industry, Tourism and Resources and Department of Agriculture, Fisheries and Forestry concerning the projected budgetary impact of the decision to impose excise on ethanol and grant a 12-month ethanol production subsidy.

( Agreed to 16 October 2002 .)

24  Environment—Queensland—Nathan Dam—Order for production of documents

That there be laid on the table, no later than 2 pm on 19 November 2002:

(a) all documents from 2002 relating to any approaches made by Sudaw Developments Ltd (or its agents) to the Government seeking funding or other support for the Nathan Dam on the Fitzroy River in Queensland;

(b) any documents or comments provided to Environment Australia in response to the referral, Ref. No. 2002/770—Sudaw Developments Ltd—Water management and use—Dawson River—QLD—Nathan Dam, central Queensland;

(c) any report or document prepared by Environment Australia in response to referral 2002/770; and

(d) the report, Literature review and scoping study of the potential downstream impacts of the proposed Nathan Dam on the Dawson River, Fitzroy River and offshore environments , prepared by the Australian Centre for Tropical Freshwater Research.

( Agreed to 11 November 2002 .)

25  Trade—General Agreement on Trade in Service—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Trade, no later than immediately after motions to take note of answers on Monday, 18 November 2002:

(a) all requests received by the Australian Government for increased access to Australian services markets by other nations, lodged under negotiations, under the General Agreement on Trade in Services (GATS);

(b) any documents analysing the likely impact of any requests made of Australia in negotiations under GATS; and

(c) any requests lodged by Australia of other countries under negotiations on GATS.

( Agreed to 14 November 2002 .)

26  Environment—Oceans policy—Order for production of document

That there be laid on the table at the end of taking note of answers to questions without notice on Tuesday, 19 November 2002, the ‘Review of the Implementation of Oceans Policy: Final report’ by TFG International, dated 25 October 2002.

( Agreed to 18 November 2002 .)

27  Superannuation—Insurance and Superannuation Commission—Order for production of documents

That there be laid on the table, in accordance with their respective ministerial responsibilities, by the Minister representing the Treasurer (Senator Minchin) and the Minister for Revenue and Assistant Treasurer (Senator Coonan), by 2 December 2002, the following documents:

(a) the Treasury files, as described in paragraph 10.1.4 of the report to Messrs Corrs Chambers Westgarth from John Palmer, FCA, entitled ‘Review of the role played by the Australian Prudential Regulation Authority and the Insurance and Superannuation Commission in the collapse of the HIH Group of Companies’ and provided as a witness statement to the HIH Royal Commission;

(b) the files of the Insurance and Superannuation Commission in relation to the application of FAI Insurance Limited for an authority to carry on insurance business following the proclamation of the Insurance Act 1973 containing the application and all correspondence and documentation relating to the consideration of the application and leading to and including the company’s eventual authorisation;

(c) the files of the Insurance and Superannuation Commission in relation to the application of Fire and All Risks Insurance Company Limited for an authority to carry on insurance business following the proclamation of the Insurance Act 1973 containing the application and all correspondence and documentation relating to the consideration of the application and leading to and including the company’s eventual authorisation;

(d) the files of the Insurance and Superannuation Commission in relation to the application of Car Owners’ Mutual Insurance Company Limited for an authority to carry on insurance business following the proclamation of the Insurance Act 1973 containing the application and all correspondence and documentation relating to the consideration of the application and leading to and including the company’s eventual authorisation; and

(e) the files of the Insurance and Superannuation Commission in relation to the application of Australian and International Insurance Limited for an authority to carry on insurance business following the proclamation of the Insurance Act 1973 containing the application and all correspondence and documentation relating to the consideration of the application and leading to and including the company’s eventual authorisation.

( Agreed to 19 November 2002 .)

28  Minister for Revenue and Assistant Treasurer—Ministerial responsibility—Order for production of documents

That there be laid on the table, no later than immediately after motions to take note of answers on Thursday, 12 December 2002, all documents relating to the inquiries undertaken by the Department of the Prime Minister and Cabinet into the possible conflict of interest between the ministerial responsibilities of the Minister for Revenue and Assistant Treasurer (Senator Coonan) and the commercial activities of Endispute Pty Ltd (including, but not limited to, a copy of the report of those inquiries furnished to the Prime Minister (Mr Howard) and referred to by him during question time in the House of Representatives on Tuesday, 3 December 2002).

( Agreed to 10 December 2002 .)

29  Environment—Tasmania—Logging—Order for production of documents

That there be laid on the table by the Minister for Fisheries, Forestry and Conservation, no later than noon on Thursday, 12 December 2002, all documents relating to the answers to question on notice no. 404 (Senate Hansard , 14 October 2002, p. 5089).

( Agreed to 11 December 2002 .)

30  Science and Technology—Genetically-modified food—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Foreign Affairs and representing the Prime Minister (Senator Hill), no later than 4 pm on 4 February 2003:

All communications in the period June 2001 to the present between:

(a) the Department of Foreign Affairs and Trade or the Prime Minister’s office and Food Standards Australia New Zealand;

(b) the Department of Foreign Affairs and Trade or the Prime Minister’s office and the National Farmers Federation;

(c) the Department of Foreign Affairs and Trade or the Prime Minister’s office and the Department of Health and Ageing; and

(d) the Prime Minister’s office and the Department of Foreign Affairs and Trade,

relating to genetically-modified food in the context of the current free trade agreement negotiations with the United States and of the labelling of genetically modified and genetically engineered food, including communications to or from organisations formed or created under the auspices of any of the above agencies, officers of departments.

( Agreed to 12 December 2002 .)

31  Environment—National Radioactive Waste Repository—Order for production of documents

That there be laid on the table, no later than 4 pm on Thursday, 6 February 2003, the submission or submissions made by the Department of Defence to the Environment Impact Assessment for a National Radioactive Waste Repository in South Australia.

( Agreed to 5 February 2003 .)

32  Environment—National Radioactive Waste Repository—Order for production of documents

That there be laid on the table, no later than 4 pm on Monday, 3 March 2003, all documents relating to the records and communications between the Department of Defence and the Department of Education, Science and Training concerning the Government’s consideration of a National Radioactive Waste Repository in South Australia.

( Agreed to 5 February 2003 .)

33  Environment—National Radioactive Waste Repository—Order for production of documents

That there be laid on the table, no later than 4 pm on Thursday, 6 March 2003, the written advice provided by the Department of Defence to the Department of Education, Science and Training concerning the defence-related issues in connection with the National Radioactive Waste Repository in South Australia

( Agreed to 5 March 2003 .)

34  Immigration—Illegal migration—Order for production of document

That there be laid on the table, no later than 4 pm on Wednesday, 26 March 2003, the Memorandum of Understanding signed on or around 12 March 2003 between the Australian Government and the Islamic Republic of Iran, which includes measures to combat illegal migration.

( Agreed to 25 March 2003 .)

35  Foreign Affairs, Defence and Trade References Committee—Review of Test and Evaluation in Defence—Report by the Director of Trials—Order for production of document

That the Senate adopt the following recommendations of the Foreign Affairs, Defence and Trade References Committee in its report on materiel acquisition and management in Defence:

(a) that the Senate request the Auditor-General to direct that the proposed 2003-04 audit of the Defence Materiel Organisation (DMO) by the Australian National Audit Office include a cultural audit that will assess:

(i) DMO’s espoused corporate values and standards and staff compliance with these,

(ii) management and staff values, behaviours and competencies measured against the capability requirement,

(iii) employee attitudes, morale, beliefs, motivation,

(iv) employee understanding of, for example, the DMO’s customers, industry partners, strategies, business plans, roles and contributions to the overall mission of Defence,

(v) communication processes,

(vi) the effectiveness of change management programs, employee commitment to them and the extent of the benefits materialising, and

(vii) compliance with health and safety regulations;

(b) that the Senate request the Auditor-General:

(i) to produce, on an annual basis, a report on progress in major defence projects, detailing cost, time and technical performance data for each project,

(ii) to model the report on that ordered by the British House of Commons and produced by the United Kingdom Comptroller and Auditor General, and

(iii) to include in the report such analysis of performance and emerging trends as will enable the Parliament to have high visibility of all current and pending major projects; and

(c) that the Senate under standing order 164, order the production, upon its completion, of the report by the Director of Trials of the Review of Test and Evaluation in Defence, and refer the document to the Foreign Affairs, Defence and Trade References Committee for examination and report.

( Agreed to 14 May 2003 .)

36  Environment—Radioactive waste—National store—Order for production of document

That there be laid on the table by the Minister representing the Minister for Science, no later than 1 pm on 15 May 2003, the document containing the list of potential sites for the location of a national store for intermediate level radioactive waste that has been prepared by the National Store Advisory Committee, referred to in the media release prepared by the Minister for Science, ‘SA Ruled Out’, dated 9 May 2003.

( Agreed to 14 May 2003 .)

37  Industry—Basslink—Order for production of documents

That there be laid on the table, no later than 4 pm on Thursday, 15 May 2003, the letters exchanged between the Victorian and Federal Governments since 1 July 2001 concerning the Basslink project, other than those letters relating to the planning process.

( Agreed to 14 May 2003 .)

38  Energy Grants (Credits) Scheme—Draft regulations—Order for production of documents

That there be laid on the table, no later than immediately after motions to take note of answers on Thursday, 19 June 2003:

(a) draft regulations to be made under the Energy Grants (Credits) Scheme Bill 2003;

(b) draft regulations to be made under the Energy Grants (Credits) Scheme (Consequential Amendments) Bill 2003; and

(c) records of any meetings at which members of industry or other groups with a potential to be affected by the passage of these bills were permitted to examine the draft regulations referred to above.

( Agreed to 19 June 2003 .)

*39  Environment—Fishing—Threatened species—Order for production of documents

That there be laid on the table by the Minister representing the Minister for the Environment and Heritage (Senator Hill) by no later than 3 pm on 21 August 2003, the following documents:

A copy of any correspondence from the Minister for the Environment and Heritage (Dr Kemp) to the Minister for Fisheries, Forestry and Conservation (Senator Ian Macdonald) in which the Minister for the Environment and Heritage indicated a willingness not to prosecute fishers under the Environment Protection and Biodiversity Conservation Act 1999 for the incidental capture of members of listed threatened species, listed migratory species and listed marine species in Commonwealth areas if the fishers were operating in accordance with fishing concessions granted under the Fisheries Management Act 1991 .

( Agreed to 20 August 2003 .)

Orders for production of documents still current from previous parliaments

 

Date of order

Subject

Addressed to

25.10.1995

Administrative decision-ma king—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 representing the Minister for Workplace R elations 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 Minchin)

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)

24.05.2001

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

Trans port—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