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Notice given 10 November 2005

*315  Leader of the Australian Democrats (Senator Allison): To move—That the Senate—

(a) notes and welcomes:

(i) the L28 resolution, ‘Renewed determination towards the total elimination of nuclear weapons’, sponsored by Australia, Bangladesh, Chile, Italy, Japan, Nepal, Nicaragua, Spain, Switzerland and Ukraine and passed by the United Nations (UN) General Assembly First Committee with unprecedented support and only India and the United States of America (US) voting against it, and

(ii) the L26 resolution on the Comprehensive Nuclear-Test-Ban Treaty (CTBT) sponsored by Andorra, Australia, Czech Republic, Finland, Mexico, New Zealand and South Africa and was passed with only the US voting against it;

(b) notes that resolution L28:

(i) calls for the nuclear weapon states to further reduce the operational status of nuclear weapons systems in ways that promote international stability and security,

(ii) encourages further steps leading to nuclear disarmament, to which all states party to the Nuclear Non-Proliferation Treaty (NPT) are committed under Article VI, including deeper reductions in all types of nuclear weapons, and emphasises the importance of applying irreversibility and verifiability, as well as increased transparency in a way that promotes international stability and undiminished security for all, in the process of working towards the elimination of nuclear weapons,

 

 (iii) encourages the Russian Federation and the US to implement fully the Treaty on Strategic Offensive Reductions and to undertake nuclear arms reductions beyond those provided for by the treaty, while welcoming the progress made by nuclear weapon states, including the Russian Federation and the US on nuclear arms reductions,

(iv) urges all states that have not yet done so to sign and ratify the CTBT at the earliest opportunity with a view to its early entry into force, and stresses the importance of maintaining existing moratoriums on nuclear weapon test explosions, pending the entry into force of the CTBT,

(v) calls on states not party to the NPT to accede to it as non-nuclear weapon states without delay and without conditions and, pending their accession, to refrain from acts that would defeat the objective and purpose of the NPT, and to take practical steps in support of the treaty,

(vi) emphasises the importance of the immediate commencement of negotiations on a fissile material cut-off treaty (FMCT) and its early conclusion, and calls on all nuclear weapon states and states not party to the NPT to declare moratoriums on the production of fissile material for any nuclear weapons, pending the entry into force of the FMCT,

(vii) calls on all states to redouble their efforts to prevent and curb the proliferation of nuclear and other weapons of mass destruction (WMD) and their means of delivery, and

(viii) stresses the importance of further efforts for non-proliferation, including the universalisation of International Atomic Energy Agency comprehensive safeguards and the Additional Protocol on strengthened safeguards, and the full implementation of UN Security Council resolution 1540; and

(c) reaffirms the importance of:

(i) the continued development of the CTBT verification regime, including the international monitoring system,

(ii) all states party to the NPT complying with their obligations under all the articles of the treaty, and stresses the importance of an effective treaty review process and the universality of the NPT,

(iii) the early entry into force of the CTBT and of all efforts made by Australia to further that aim,

(iv) the nuclear disarmament and non-proliferation goals and the balanced approach to nuclear disarmament and non-proliferation contained in the final document of the 2000 NPT Review conference and the L28 resolution, and

(v) international efforts to prevent the acquisition and the use by terrorists of nuclear or other WMD, and radioactive materials and sources, including strengthened international protection of WMD-usable materials and relevant equipment, facilities and technology. 

 

 *316  Senator Nettle: To move—That the Senate—

(a) notes:

(i) the recent widespread protest and opposition across Latin America to the President of the United States of America (US), George W Bush and his proposed Free Trade Area of the Americas,

(ii) the concern of Latin Americans that such an agreement would reinforce economic inequality in the region and political domination by the US, and

(iii) the failure of American leaders to agree to further negotiations on the agreement; and

(b) commends the Argentinean people and Latin American leaders for their campaign to defend their culture and economies from the threat of a Free Trade Area of the Americas.

*317  Senator Murray: To move—That the Senate—

(a) notes that:

(i) Senator Calvert, in his capacity as a senator for Tasmania, has written to the Prime Minister (Mr Howard) suggesting that the question of regularising daylight saving and examining time zones be listed for discussion at the next Council of Australian Governments (COAG) meeting, and

(ii) Australia’s time zones date from the 1880s and that individual approaches by states and territories to daylight saving have a significant, continuing and detrimental economic impact on Australian commerce and communications; and

(b) supports the call for this important matter to be discussed at COAG as an important step in examining this economic handicap, and urges the Prime Minister to raise this important matter of reform with the Premiers and Chief Ministers of the states and territories.

*318  Senator Siewert: To move—That the Senate—

(a) notes the imminent arrival of the Japanese whaling fleet in the Southern Ocean and its intention to commence whaling under the greatly expanded JARPA II whaling program;

(b) recognises the leadership the Australian Government has shown to date on this issue;

(c) notes the changed legal context owing to the radical expansion of the Japanese whaling program;

(d) supports the submission of JARPA II to an environmental impact assessment under the provisions of the Protocol on Environmental Protection to the Antarctic Treaty;

(e) supports the monitoring and documentation of the whaling program by Australian inspection vehicles;

(f) urges that Australia requests:

(i) the Commission for the Convention on the Conservation of Antarctic Marine Living Resources to undertake an investigation of JARPA II at the earliest possible opportunity, and

(ii) that a diplomatic conference be convened to amend Article VIII of the International Convention for the Regulation of Whaling; and

 

 (g) urges Australia to:

(i) commence a claim against Japan in an Annex VII Arbitral Tribunal under the provisions of the 1982 United Nations Convention on the Law of the Sea challenging the legality of JARPA II, and

(ii) seek an order for provisional measures to halt the conduct of JARPA II from the International Tribunal for the Law of the Sea, pending the establishment of the Annex VII Arbitral Tribunal.

Orders of the Day relating to Government Documents

Ombudsman Act 1976 —Inquiry into the circumstances of the Vivian Alvarez matter—Report by the Commonwealth Ombudsman of an inquiry undertaken by Mr Neil Comrie, AO, APM (Report no. 3 of 2005)

Reports to the Minister for Immigration and Multicultural and Indigenous Affairs (Senator Vanstone) from the Secretary, Department of Immigration and Multicultural and Indigenous Affairs—

Implementation of the recommendations of the Palmer report of inquiry into the circumstances of the immigration detention of Cornelia Rau, dated September 2005

Response to the recommendations of the report of the Commonwealth Ombudsman of the inquiry into the circumstances of the Vivian Alvarez matter, dated October 2005

Adjourned debate on the motion of Senator Bartlett—That the Senate take note of the documents ( adjourned, Senator Webber, 10 November 2005 ).

Department of Foreign Affairs and Trade—Report—Weapons of mass destruction: Australia’s role in fighting proliferation: Practical responses to new challenges

Adjourned debate on the motion of Senator Siewert—That the Senate take note of the document ( adjourned, Senator Marshall, 10 November 2005 ).

National Water Commission—Report for the period 17 December 2004 to 30 June 2005

Adjourned debate on the motion of Senator Siewert—That the Senate take note of the document ( adjourned, Senator Stephens, 10 November 2005 ).

Northern Territory Fisheries Joint Authority—Report for 2002-03

Adjourned debate on the motion of Senator Siewert—That the Senate take note of the document ( adjourned, Senator Marshall, 10 November 2005 ).

Employment Advocate—Report for 2004-05

Adjourned debate on the motion of Senator Siewert—That the Senate take note of the document ( Senator Marshall, in continuation, 10 November 2005 ).

Multilateral treaty—Text of the proposed treaty action together with the national interest analysis and annexures—Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, done at New York on 25 May 2000

Adjourned debate on the motion of Senator Kirk—That the Senate take note of the document ( adjourned, Senator Stephens, 10 November 2005 ).

 

 7  Department of Family and Community Services—Report for 2004-05

Adjourned debate on the motion of Senator McLucas—That the Senate take note of the document ( adjourned, Senator Kirk, 10 November 2005 ).

Department of Immigration and Multicultural and Indigenous Affairs—Report for 2004-05

Adjourned debate on the motion of Senator Crossin—That the Senate take note of the document ( adjourned, Senator Kirk, 10 November 2005 ).

Commissioner for Complaints [Aged care]—Report for 2004-05

Adjourned debate on the motion of Senator McLucas—That the Senate take note of the document ( adjourned, Senator Kirk, 10 November 2005 ).

10  Australian Nuclear Science and Technology Organisation (ANSTO)—Report for 2004-05

Adjourned debate on the motion of Senator Crossin—That the Senate take note of the document ( adjourned, Senator Stephens, 10 November 2005 ).

11  Department of Health and Ageing—Report for 2004-05

Adjourned debate on the motion of Senator McLucas—That the Senate take note of the document ( adjourned, Senator Kirk, 10 November 2005 ).

12  Aged Care Standards and Accreditation Agency Limited—Report for 2004-05

Adjourned debate on the motion of Senator McLucas—That the Senate take note of the document ( adjourned, Senator Kirk, 10 November 2005 ).

13  Australian Radiation Protection and Nuclear Safety Agency—Report for 2004-05

Adjourned debate on the motion of Senator Crossin—That the Senate take note of the document ( adjourned, Senator Stephens, 10 November 2005 ).

14  Industrial Relations Court of Australia—Report for 2004-05

Adjourned debate on the motion of Senator Marshall—That the Senate take note of the document ( Senator Hogg, in continuation, 10 November 2005 ).

Orders of the Day

Anti-Genocide Bill 1999 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

Charter of Political Honesty Bill 2000 [2004]—( Senate bill )— ( Senator Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

Constitution Alteration (Appropriations for the Ordinary Annual Services of the Government) 2001 [2004]—( Senate bill )— ( Senators Murray and Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

 

 4  Constitution Alteration (Electors’ Initiative, Fixed Term Parliaments and Qualification of Members) 2000 [2004]—( Senate bill )— ( Senator Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

( This bill may be considered together with the Electoral Amendment (Political Honesty) Bill 2003 [2004] during the second reading debate, order of 13 October 2005 .)

Defence Amendment (Parliamentary approval for Australian involvement in overseas conflicts) Bill 2003 [2004]—( Senate bill )— ( Senator Bartlett and Senator Stott Despoja )

Second reading—Adjourned debate ( Senator Bishop, in continuation, 10 February 2005 ) ( restored pursuant to resolution of 17 November 2004 ).

Electoral Amendment (Political Honesty) Bill 2003 [2004]—( Senate bill )— ( Senator Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

( This bill may be considered together with the Constitution Alteration (Electors’ Initiative, Fixed Term Parliaments and Qualification of Members) 2000 [2004] during the second reading debate, order of 13 October 2005 .)

Environment Protection and Biodiversity Conservation Amendment (Invasive Species) Bill 2002 [2004]—( Senate bill )— ( Senator Bartlett )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

Euthanasia Laws (Repeal) Bill 2004—( Senate bill )— ( Leader of the Australian Democrats, Senator Allison )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

Financial Management and Accountability (Anti-Restrictive Software Practices) Amendment Bill 2003 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

10  Freedom of Information Amendment (Open Government) Bill 2003 [2004]—( Senate bill )— ( Senator Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

11  Genetic Privacy and Non-discrimination Bill 1998 [2004]—( Senate bill )— ( Senator Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

12  Ministers of State (Post-Retirement Employment Restrictions) Bill 2002 [2004]—( Senate bill )— ( Senators Stott Despoja and Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

13  National Animal Welfare Bill 2003 [2004]—( Senate bill )— ( Senator Bartlett )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

14  Patents Amendment Bill 1996 [2004]—( Senate bill )— ( Senator Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

15  Parliamentary Approval of Treaties Bill 1995 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

 

 16  Public Interest Disclosure (Protection of Whistleblowers) Bill 2002 [2004]—( Senate bill )— ( Senator Murray )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

17  Reconciliation Bill 2001 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

18  Republic (Consultation of the People) Bill 2001 [2004]—( Senate bill )— ( Senator Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

19  Sexuality Anti-Vilification Bill 2003 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

20  Sexuality and Gender Identity Discrimination Bill 2003 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

21  State Elections (One Vote, One Value) Bill 2001 [2004]—( Senate bill )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

22  Textbook Subsidy Bill 2003 [2004]—( Senate bill )— ( Senator Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

23  Uranium Mining in or near Australian World Heritage Properties (Prohibition) Bill 1998 [2004]—( Senate bill )— ( Leader of the Australian Democrats, Senator Allison )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

24  Workplace Relations Amendment (Paid Maternity Leave) Bill 2002 [2004]—( Senate bill )— ( Senator Stott Despoja )

Second reading ( restored pursuant to resolution of 17 November 2004 ).

25  Communications—Telstra

Adjourned debate on the motion of Senator Conroy—That the Senate—

(a) notes that:

(i) the Government has failed to ensure that telecommunications service standards are up to scratch in rural and regional Australia,

(ii) the chief of the Government’s telecommunications inquiry, Mr Dick Estens, has said that telecommunications services in the bush remain a ‘shemozzle’, and

(iii) selling Telstra will cost the budget $255 million over the next 4 years; and

(b) calls on the Government to keep Telstra in majority public ownership to ensure reliable telecommunications services for all Australians ( Senator Heffernan, in continuation, 18 November 2004 ).

26  Criminal Code Amendment (Workplace Death and Serious Injury) Bill 2004—( Senate bill )— ( Senator Nettle )

Second reading ( restored pursuant to resolution of 30 November 2004 ).

 

 27  Constitution Alteration (Right to Stand for Parliament—Qualification of Members and Candidates) 1998 (No. 2) [2004]—( Senate bill )— ( Senator Bob Brown )

In committee ( committee to consider the bill as reported by the committee of the whole on 15 May 2003 )—( restored pursuant to resolution of 1 December 2004 ).

28  Senate Voters’ Choice (Preference Allocation) Bill 2004—( Senate bill )— ( Senator Bob Brown )

Second reading—Adjourned debate ( Senator Bob Brown, in continuation, 9 December 2004 ).

29  Flags Amendment (Eureka Flag) Bill 2004—( Senate bill )— ( Senator Marshall )

Second reading ( restored pursuant to resolution of 9 December 2004 ).

31  Economy

Adjourned debate on the motion of Senator Ludwig—That the Senate—

(a) notes the deterioration in the economy including the record current account deficit of 7.1 per cent of gross domestic product (GDP), record net foreign debt of $422 billion, the negative household savings ratio and among the lowest GDP growth rates of the advanced economies; and

(b) calls on the Government:

(i) to acknowledge that there are severe economic imbalances in the economy that threaten to push interest rates still higher,

(ii) to implement policies that will lift the productive potential of the economy,

(iii) to invest in skills development to ease skill shortages which are now at 20 year highs, and

(iv) to support infrastructure investment to ease capacity constraints and inflation pressures and promote exports ( Senator Lundy, in continuation, 10 March 2005 ).

32  Spyware Bill 2005—( Senate bill )

Second reading—Adjourned debate ( 12 May 2005 ).

33  Family and Community Services—Welfare reform

Adjourned debate on the motion of Senator Wong—That the Senate notes the Howard Government’s cuts to the incomes of the most vulnerable families in Australia, its introduction of a parents’ dole and a disability dole, and its failure to effectively tackle the need for real welfare reform ( 12 May 2005 ).

34  Migration Amendment (Act of Compassion) Bill 2005

Migration Amendment (Mandatory Detention) Bill 2005—( Senate bills )— ( Senators Nettle and Bob Brown )

Second reading—Adjourned debate ( Senator Nettle, in continuation, 16 June 2005 ).

36  Taxation Laws Amendment (Scholarships) Bill 2005—( Senate bill )— ( Senator Stott Despoja )

Second reading—Adjourned debate ( Senator Stott Despoja, in continuation, 21 June 2005 ).

 

 37  Transparent Advertising and Notification of Pregnancy Counselling Services Bill 2005—( Senate bill )— ( Senator Stott Despoja )

Second reading—Adjourned debate ( Senator Stott Despoja, in continuation, 23 June 2005 ).

38  Truth in Food Labelling Bill 2003 [2005]—( Senate bill )— ( Senator Bob Brown )

Second reading—Adjourned debate ( Minister for the Arts and Sport (Senator Kemp), in continuation, 15 September 2005 ) ( restored pursuant to resolution of 11 August 2005 ).

39  Employment—Skills shortages—Training policies

Adjourned debate on the motion of Senator George Campbell—That the Senate notes that:

(a) the Howard Government’s training policies since 1996 have contributed to Australia’s current skills shortages in the traditional trades; and

(b) the Government’s inaction in addressing this national skills crisis is hurting Australian businesses, families, young people and the economy ( Senator Moore, in continuation, 11 August 2005 ).

40  Minister for Immigration and Multicultural and Indigenous Affairs—Ministerial responsibility

Adjourned debate on the motion of Senator Ludwig—That the Senate expresses its deep concern that the Minister for Immigration and Multicultural and Indigenous Affairs (Senator Vanstone) has failed to take responsibility for the Department of Immigration and Multicultural and Indigenous Affairs despite the ongoing revelations and rising financial and human cost of the portfolio mismanagement ( 18 August 2005 ).

41  36th Presiding Officers and Clerks Conference, APIA, Samoa, 11 to 15 July 2005 and ancillary meetings—Report by Deputy President Senator John Hogg and Deputy Speaker the Honourable Ian Causley MP, dated August 2005

Adjourned debate on the motion of Senator Ferguson—That the Senate take note of the document ( Senator Ferguson, in continuation, 6 September 2005 ).

42  Parliament—Senate—Processes and procedures

Adjourned debate on the motion of Senator Carr—That the Senate condemns the Government’s arrogant abuse of its Senate majority in subverting the Senate’s processes and procedures ( Senator Santoro, in continuation, 8 September 2005 ).

43  Enhancements to the Australian Defence Force military justice system, 5 October 2005—Ministerial statement

Adjourned debate on the motion of Senator Bishop—That the Senate take note of the statement ( Senator Hogg, in continuation, 5 October 2005 ).

44  Australian electoral system

Adjourned debate on the motion of Senator Carr—That the Senate opposes attempts by the Government to restrict the franchise and reduce the transparency of the Australian electoral system ( Special Minister of State (Senator Abetz), in continuation, 6 October 2005 ).

 

 45  Parliamentary Charter of Rights and Freedoms Bill 2001 [2005]—( Senate bill )

Second reading ( restored pursuant to resolution of 9 November 2005 ).

*46  Law and Justice—Australia’s border security

Adjourned debate on the motion of Senator O’Brien—That the Senate notes the incompetence of the Howard Government in its failure to protect Australia’s border security, quarantine and environmental integrity and its fishery resource in northern Australia and northern Australian waters ( Senator Ronaldson, in continuation, 10 November 2005 ).