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Contents

 

 
 
 

Committees

1  Allocation of departments

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

Community Affairs

Families, Community Services and Indigenous Affairs

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

Human Services

Foreign Affairs, Defence and Trade

Foreign Affairs and Trade

Defence (including Veterans’ Affairs)

Legal and Constitutional

Attorney-General

Immigration and Multicultural Affairs

Rural and Regional Affairs and Transport

Transport and Regional Services

Agriculture, Fisheries and Forestry.

( Agreed to 9 February 2006 .)

 

 2  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 the sittings of the Senate.

( Agreed to 6 December 2004 .)

3  Migration—Joint Standing Committee—Authorisation to meet

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

( Agreed to 29 March 2006 .)

4  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 .)

5  Senators’ Interests—Standing Committee—Resolutions relating to senators’ interests

That the Senators’ Interests Resolutions 1(1) and 1(2)(b) are amended to read as follows:

1 Registration of Senators’ Interests

(1) Within:

(a) 28 days after the first meeting of the Senate after 1 July first occurring after a general election; and

(b) 28 days after the first meeting of the Senate after a simultaneous dissolution of the Senate and the House of Representatives; and

(c) 28 days after making and subscribing an oath or affirmation of allegiance as a senator for a Territory or appointed or chosen to fill a vacancy in the Senate;

each senator shall provide to the Registrar of Senators’ Interests a statement of:

(a) the senator’s registrable interests; and

(b) the registrable interests of which the senator is aware:

(i) of the senator’s spouse or partner, and

(ii) of any children who are wholly or mainly dependent on the senator for support;

in accordance with this resolution and in a form determined by the Committee of Senators’ Interests from time to time, and shall also notify any alteration of those interests to the Registrar within 35  days of that alteration occurring.

(2) Any senator who:

(a) knowingly fails to provide a statement of registrable interests to the Registrar of Senators’ Interests by the due date;

 

 (b) knowingly fails to notify any alteration of those interests to the Registrar of Senators’ Interests within 35 days of the change occurring; or

(c) knowingly provides false or misleading information to the Registrar of Senators’ Interests;

shall be guilty of a serious contempt of the Senate and shall be dealt with by the Senate accordingly, but the question whether any senator has committed such a serious contempt shall first be referred to the Privileges Committee for inquiry and report and may not be considered by any other committee.

( Agreed to 10 August 2006 .)

6  Unauthorised disclosure of committee proceedings

That the following order operate as a sessional order:

(1) The Senate confirms that any disclosure of evidence or documents submitted to a committee, of documents prepared by a committee, or of deliberations of a committee, without the approval of the committee or of the Senate, may be treated by the Senate as a contempt.

(2) The Senate reaffirms its resolution of 20 June 1996, relating to procedures to be followed by committees in cases of unauthorised disclosure of committee proceedings.

(3) The Senate provides the following guidelines to be observed by committees in applying that resolution, and declares that the Senate will observe the guidelines in determining whether to refer a matter to the Committee of Privileges:

1. Unless there are particular circumstances involving actual or potential substantial interference with the work of a committee or of the Senate, the following kinds of unauthorised disclosure should not be raised as matters of privilege:

(a) disclosure of a committee report in the time between the substantial conclusion of the committee's deliberations on the report and its presentation to the Senate;

(b) disclosure of other documents prepared by a committee and not published by the committee, where the committee would have published them, or could appropriately have published them, in any event, or where they contain only research or publicly-available material, or where their disclosure is otherwise inconsequential;

(c) disclosure of documents and evidence submitted to a committee and not published by the committee, where the committee would have published them, or could appropriately have published them, in any event;

(d) disclosure of private deliberations of a committee where the freedom of the committee to deliberate is unlikely to be significantly affected.

2. The following kinds of unauthorised disclosure are those for which the contempt jurisdiction of the Senate should primarily be reserved, and which should therefore be raised as matters of privilege:

 

 (a) disclosure of documents or evidence submitted to a committee where the committee has deliberately decided to treat the documents or evidence as in camera material, for the protection of witnesses or others, or because disclosure would otherwise be harmful to the public interest;

(b) disclosure of documents prepared by a committee where that involves disclosure of material of the kind specified in paragraph (a);

(c) disclosure of private deliberations of a committee where that involves disclosure of that kind of material, or significantly impedes the committee's freedom to deliberate.

3. An unauthorised disclosure not falling into the categories in guidelines 1 and 2 should not be raised as a matter of privilege unless it involves actual or potential substantial interference with the work of a committee or of the Senate.

4. When considering any unauthorised disclosure of material in the possession of a committee, the committee should consider whether there was any substantive reason for not publishing that material.

(4) Before deciding to raise a matter of privilege involving possible unauthorised disclosure of committee proceedings, any committee may seek the guidance of the Committee of Privileges as to whether a matter should be pursued. If the committee decides that such a matter should be raised, it must consult with the Committee of Privileges before taking the matter further.

(5) When applying this resolution a committee shall have regard to the matters set out in paragraphs 3.43 to 3.59 of the 122nd Report of the Committee of Privileges, June 2005.

( Agreed to 6 October 2005 upon adoption of a recommendation of the Procedure Committee in its first report of 2005 .)

Estimates

7  2005-06 Budget estimates—Answers to questions

That answers be provided by 31 January 2005 to:

(a) estimates questions on notice lodged with legislation committees in the course of the estimates hearings in May and June 2004; and

(b) estimates questions on notice lodged with legislation committees by 2 December 2004.

( Agreed to 18 November 2004 .)

8  2006-07 Budget estimates—Hearings

(1) That the 2006-07 Budget estimates hearings by legislation committees be scheduled as follows:

Monday, 22 May to Thursday, 25 May ( Group A )

Monday, 29 May to Thursday, 1 June ( Group B ).

(2) 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.

( Agreed to 11 May 2006 .)

9  2006-07 Budget estimates—Answers to questions

The dates set by legislation committees for answering questions taken on notice during the 2006-07 Budget estimates are as follows:

Group A:

Environment, Communications,

Information Technology and the Arts Friday, 28 July 2006

Finance and Public Administration Friday, 7 July 2006

Legal and Constitutional Friday, 14 July 2006

Rural and Regional Affairs and Transport Thursday, 13 July 2006

Group B:

Community Affairs Friday, 28 July 2006

Economics Friday, 28 July 2006

Employment, Workplace Relations and

Education Friday, 28 July 2006

Foreign Affairs, Defence and Trade Thursday, 27 July 2006.

Standing order 74(5) takes effect 30 days after these dates.

Meeting of Senate

10  Meeting of Senate

That the days of meeting of the Senate for 2006 be as follows:

Autumn sittings:

Tuesday, 7 February to Thursday, 9 February

Monday, 27 February to Thursday, 2 March

Autumn sittings (2):

Monday, 27 March to Thursday, 30 March

Budget sittings:

Tuesday, 9 May to Thursday, 11 May

Winter sittings:

Tuesday, 13 June to Thursday, 15 June

Monday, 19 June to Thursday, 22 June

Spring sittings:

Tuesday, 8 August to Thursday, 10 August

Monday, 14 August to Thursday, 17 August

Monday, 4 September to Thursday, 7 September

Monday, 11 September to Thursday, 14 September

 

   Spring sittings (2):

Monday, 9 October to Thursday, 12 October

Monday, 16 October to Thursday, 19 October

Monday, 6 November to Thursday, 9 November

Monday, 27 November to Thursday, 30 November

Monday, 4 December to Thursday, 7 December.

( Agreed to 8 December 2005 .)

11  Adjournment debate on Tuesdays—Temporary order

That the following order operate as a temporary order until the conclusion of the 2006 sittings:

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.

( Agreed to 7 February 2006 .)

12  Divisions on Thursday—Temporary order

That the following operate as a temporary order until 30 June 2007:

If a division is called for on Thursday after 4.30 pm, the matter before the Senate shall be adjourned until the next day of sitting at a time fixed by the Senate.

( Agreed to 10 August 2006 .)

Orders for production of documents

13  Trade—Free trade agreement—Order for production of documents

That there be laid on the table by the Minister representing the Minister for Trade, no later than 4 pm on Tuesday, 7 December 2004, the final letters and any attachments and annexures exchanged between the governments of Australia and the United States of America (US) to finalise the free trade agreement between Australia and the US.

( Motion of Senator Nettle agreed to 2 December 2004 .)

14  Foreign Affairs—Gallipoli—Road works—Order for production of documents

That there be laid on the table by the Minister for Defence, no later than Thursday, 12 May 2005, all briefings to the Minister and the Minister for Veterans’ Affairs, on the matter of road works at Gallipoli over the past 4 years, and all internal minutes and file notes, including records of meetings between the Office of Australian War Graves and officials of the Government of Turkey on the same subject.

( Motion of Senator Bishop agreed to 11 May 2005 .)

 

 15  Family and Community Services—Housing Assistance agreements—Order for production of documents

(1) That the Senate:

(a) notes that the Housing Assistance (Form of Agreement) Determination 2003 in Schedule 1, subsections 4(33) to 4(36) requires states to report on expenditure and progress towards their respective bilateral agreements to the Commonwealth within 6 months after the end of each grant year;

(b) orders that there be laid on the table, no later than 3.30 pm on 12 May 2005, all reports provided by the states and territories to the Commonwealth under those provisions for the financial year 2003-04; and

(c) orders that all reports provided by the states and territories to the Commonwealth under those provisions be tabled in the Senate within 5 sittings days, or one calendar month, after receipt (whichever is the later), and that the Senate be notified in writing by the Minister for Family and Community Services within 5 sitting days of the expiration of the 6 months if reports have not been provided within the required 6 months.

(2) That this order is of continuing effect.

( Motion of Senator Bartlett agreed to 12 May 2005 .)

16  Environment—Tasmania—Proposed pulp mill—Order for production of documents

That there be laid on the table by the Minister for the Environment and Heritage, no later than 3.30 pm on 16 June 2005, all correspondence from January 2002 to the present between the Minister, his staff and department and Gunns Pty Ltd relating to the proposed pulp mill in Tasmania.

( Motion of the Leader of the Australian Greens (Senator Bob Brown) agreed to 12 May 2005 .)

17  Environment—Tasmania—Proposed pulp mill—Order for production of documents

That there be laid on the table by the Minister representing the Prime Minister, no later than 3.30 pm on 22 June 2005, all correspondence from January 2002 to the present between the Prime Minister, his staff and department and Gunns Pty Ltd relating to the proposed pulp mill in Tasmania.

( Motion of the Leader of the Australian Greens (Senator Bob Brown) agreed to 14 June 2005 .)

18  Law and Justice—Airport security—Order for production of documents

That there be laid on the table by the Minister for Justice and Customs, no later than 5 pm on Monday, 20 June 2005, copies of all reports prepared by the Australian Customs Service since 1 January 2004 which refer to issues of airport security, including the report completed in September 2004, referred to on page 1 of The Australian on 31 May 2005 (‘Airport staff “smuggling drugs”’), other than material specifically relating to current ongoing investigations.

( Motion of the Leader of the Australian Democrats (Senator Allison) agreed to 20 June 2005 .)

 

 19  Taxation—Deductible gift recipient status—Environment groups—Order for production of documents

That there be laid on the table by the Minister for the Environment and Heritage, no later than 3.30 pm on Wednesday, 22 June 2005, all correspondence between the Minister and the Assistant Treasurer, the Australian Taxation Office, or the Institute of Public Affairs in 2004 and 2005 relating to the issue of deductible gift recipient status of environment groups.

( Motion of the Leader of the Australian Greens (Senator Bob Brown) agreed to 21 June 2005 .)

Orders for production of documents still current from previous parliaments

 

Date of order

Subject

Addressed to

25.10.1 995

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 representin g 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

Ag ed 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 Minc hin)

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

W orkplace 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 Sp ot 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

19.06.2002

Mining—Christmas Island

 

24.06.2002

Superannuation system

 

25.06.2002

Finance—Retirement and income modelli ng

 

20.08.2002

Animal Welfare—Cattle

 

28.08.2002

Superannuation Working Group

 

11.11.2002

Environment—Queensland—Nathan Dam

 

14.11.2002

Trade—General Agreement on Trade in Services

Minister representing the Minister for Trade

18.11.2002

Environment—Oceans policy

 

19.11.2002

Superannuation—Insurance and Superannuation Commission

Minister representing the Treasurer (Senator Minc hin) and the Minister for Revenue and Assistant Treasurer (Senator Coonan)

10.12.2002

Minister for Revenue and Assistant Treasurer

 

11.12.2002

Environment—Tasmania—Logging

Minister for Fisheries, Forestry and Conservation

12.12.2002

Science and Technolo gy—Genetically-modified food

Minister representing the Minister for Foreign Affairs and representing the Prime Minister (Senator Hill)

05.02.2003

Environment—National Radioactive Waste Repository

 

05.02.2003

Environment—National Radioactive Waste Reposit ory

 

05.03.2003

Environment—National Radioactive Waste Repository

 

25.03.2003

Immigration—Illegal migration

 

14.05.2003

Environment—Radioactive waste—National store

Minister representing the Minister for Science

14.05.2003

Industry—Basslink

 

19.06.200 3

Energy Grants (Credits) Scheme—Draft regulations

 

17.09.2003

Animal Welfare—Live sheep export

The Government

08.10.2003

Health—National Drug Research Strategy

Minister representing the Minister for Health and Ageing

13.10.2003

Immigration—Management o f detention centres

Minister for Immigration and Multicultural and Indigenous Affairs

13.10.003

Finance—Calculation of the IBNR levy

Minister for Revenue and Assistant Treasurer

14.10.2003

Animal Welfare—Live sheep export

 

16.10.2003

Environment—Sepon M ine

Minister representing the Minister for Trade (Senator Hill)

28.10.2003

Science and Technology—Assisted reproductive technology

Leader of the Government in the Senate (Senator Hill)

28.10.2003

Education—Higher education—Regional impact statement

Minis ter representing the Minister for Education, Science and Training

25.11.2003

Finance—Deposit bonds

 

01.12.2003

Taxation—First home owners, ‘bracket creep’ and Intergeneration Report

Minister representing the Treasurer

03.12.2003

Health—Pharmaceutical Be nefits Scheme

 

03.12.2003

Environment—Sepon mine

 

10.02.2003

Science and Technology—Assisted reproductive technology

Leader of the Government in the Senate (Senator Hill)

24.03.2004

Superannuation—Departing temporary residents

Minister for Revenue and A ssistant Treasurer

24.03.2004

Australian Federal Police Commissioner—Statement

Leader of the Government in the Senate

01.04.2004

Immigration—Ministerial discretion

Minister for Immigration and Multicultural and Indigenous Affairs

21.06.2004

Indigenous A ustralians—Lands Acquisition Amendment Regulations 2004 (No. 2)

Minister for Immigration and Multicultural and Indigenous Affairs

22.06.2004

Defence—Iraq—Human rights abuses

Minister for Defence

23.06.2004

Science and Technology—Synthetic aperture radar

Minister representing the Minister for Industry, Tourism and Resources

23.06.2004

Defence—Office of National Assessments report

Leader of the Government in the Senate

24.06.2004

Environment—Videophone facilities

 

04.08.2004

Defence—Missile defence progr am

Minister for Defence

05.08.2004

Environment—Bushfire mitigation and management

Minister representing the Prime Minister

10.08.2004

Environment—Repulse Bay

Minister for the Environment and Heritage

11.08.2004

Environment—Nuclear waste storage

Minister for Finance and Administration

Restructuring of committee system

Standing orders, procedural orders and resolutions of the Senate of continuing effect were amended with effect from 11 September 2006, and a temporary order adopted, as follows:

20  Standing orders

25 Legislative and general purpose

(1) At the commencement of each Parliament, legislative and general purpose standing committees shall be appointed, as follows:

Community Affairs

Economics

Employment, Workplace Relations and Education

Environment, Communications, Information Technology and the Arts

Finance and Public Administration

Foreign Affairs, Defence and Trade

Legal and Constitutional Affairs

Rural and Regional Affairs and Transport.

(2) The committees shall inquire into and report upon:

(a) matters referred to them by the Senate, including estimates of expenditure in accordance with standing order 26, bills or draft bills, annual reports in accordance with paragraph (20); and

(b) the performance of departments and agencies allocated to them.

(3) References concerning departments and agencies shall be allocated to the committees in accordance with a resolution of the Senate allocating departments and agencies to the committees.

(4) The committees shall inquire into and report upon matters referred to their predecessor committees appointed under this standing order and not disposed of by those committees, and in considering those matters may consider the evidence and records of those committees relating to those matters.

(5) The committees shall consist of 8 senators, 4 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate and one nominated by minority groups and independent senators.

 

 (6) (a) The committees to which minority groups and independent senators make nominations shall be determined by agreement between the minority groups and independent senators, and, in the absence of agreement duly notified to the President, any question of the representation on a committee shall be determined by the Senate.

(b) The allocation of places on the committees amongst minority groups and independent senators shall be as nearly as practicable proportional to the numbers of those minority groups and independent senators in the Senate.

(7) (a) Senators may be appointed to the committees as substitutes for members of the committees in respect of particular matters before the committees.

(b) On the nominations of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate and minority groups and independent senators, participating members may be appointed to the committees.

(c) Participating members may participate in hearings of evidence and deliberations of the committees, and have all the rights of members of committees, but may not vote on any questions before the committees.

(d) A participating member shall be taken to be a member of a committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.

(8) A committee may appoint sub-committees consisting of 3 or more of its members, and refer to any such sub-committee any of the matters which the committee is empowered to consider.

(9) (a) Each committee shall elect as its chair a member nominated by the Leader of the Government in the Senate.

(b) Each of 6 committees shall elect as its deputy chair a member nominated by the Leader of the Opposition in the Senate, and each of 2 committees shall elect as its deputy chair a member of a minority group in the Senate.

(c) The deputy chairs to which members nominated by the Leader of the Opposition in the Senate and members of minority groups are elected shall be determined by agreement between the opposition and minority groups, and, in the absence of agreement duly notified to the President, any question of the allocation of deputy chairs shall be determined by the Senate.

(d) Each committee shall elect one of its members as its deputy chair and the member so elected shall act as the chair of the committee when the member elected as chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

(e) When votes on a question before a committee are equally divided, the chair, or the deputy chair when acting as chair, shall have a casting vote.

 

 (f) The chair, or the deputy chair when acting as chair, may appoint another member of a committee to act as chair during the temporary absence of both the chair and deputy chair at a meeting of the committee.

(10) The chairs and deputy chairs of the committees, together with the chairs and deputy chairs of any select committees appointed by the Senate, shall constitute the Chairs’ Committee, which may meet with the Deputy President in the chair, and may consider and report to the Senate on any matter relating to the operations of the committees.

(11) Except as otherwise provided by the standing orders, the reference of a matter to a committee shall be on motion after notice, and such notice of motion may be given:

(a) in the usual manner when notices are given; or

(b) at any other time by a senator:

(i) stating its terms to the Senate, when no other business is before the chair, or

(ii) delivering a copy to the Clerk, who shall report it to the Senate at the first opportunity;

and shall be placed on the Notice Paper for the next sitting day as business of the Senate and, as such, shall take precedence of government and general business set down for that day.

(12) Matters referred to the committees should relate to subjects which can be dealt with expeditiously.

(13) A committee shall take care not to inquire into any matters which are being examined by a select committee of the Senate appointed to inquire into such matters and any question arising in this connection may be referred to the Senate for determination.

(14) A committee and any sub-committee shall have power to send for persons and documents, to move from place to place, and to meet and transact business in public or private session and notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives.

(15) All documents received by a committee during an inquiry shall remain in the custody of the Senate after the completion of that inquiry.

(16) A committee shall be empowered to print from day to day any of its documents and evidence. A daily Hansard shall be published of public proceedings of a committee.

(17) A committee shall be provided with all necessary staff, facilities and resources and shall be empowered to appoint persons with specialist knowledge for the purposes of the committee, with the approval of the President.

(18) A committee may report from time to time its proceedings and evidence taken and any recommendations, and shall make regular reports on the progress of its proceedings.

(19) A committee may authorise the broadcasting of its public hearings, under such rules as the Senate provides.

(20) Annual reports of departments and agencies shall stand referred to the committees in accordance with an allocation of departments and agencies in a resolution of the Senate. Each committee shall:

 

 (a) Examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.

(b) Consider in more detail, and report to the Senate on, each annual report which is not apparently satisfactory, and on the other annual reports which it selects for more detailed consideration.

(c) Investigate and report to the Senate on any lateness in the presentation of annual reports.

(d) In considering an annual report, take into account any relevant remarks about the report made in debate in the Senate.

(e) If the committee so determines, consider annual reports of departments and budget-related agencies in conjunction with examination of estimates.

(f) Report on annual reports tabled by 31 October each year by the tenth sitting day of the following year, and on annual reports tabled by 30 April each year by the tenth sitting day after 30 June of that year.

(g) Draw to the attention of the Senate any significant matters relating to the operations and performance of the bodies furnishing the annual reports.

(h) Report to the Senate each year whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

26 Estimates

(1) Annual and additional estimates, contained in the documents presenting the particulars of proposed expenditure and additional expenditure, shall be referred to the legislative and general purpose standing committees for examination and report.

(2) The committees shall hear evidence on the estimates in public session.

(3) Not more than 4 committees shall hear evidence on the estimates simultaneously.

(4) When a committee hears evidence on the estimates, the chair shall, without motion, call on items of expenditure in the order decided upon and declare the proposed expenditure open for examination.

(5) The committees may ask for explanations from ministers in the Senate, or officers, relating to the items of proposed expenditure.

(6) The report of a committee on the estimates may propose the further consideration of any items.

(7) A Hansard report of the committees’ hearings of evidence on the estimates shall be circulated, in a manner similar to the daily Senate Hansards, as soon as practicable after each day’s proceedings.

(8) Participating membership of committees shall not have effect in respect of proceedings on estimates, other than the formation of a quorum, but any senator may attend a meeting of a committee in relation to estimates, question witnesses and participate in the deliberations of the committee at such a meeting and add a reservation to a report relating to estimates.

 

 (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.

The day fixed under subparagraph (9)(b) shall be not less than 10 days after the day fixed under subparagraph (9)(a).

(10) A senator may lodge with a committee, not less than 3 working days before the day fixed under subparagraph (9)(b), notice of matters, relating to the written answers or additional information, or otherwise relating to the proposed expenditure referred to the committee, which the senator wishes to raise at the supplementary meetings of the committee. A notice shall be forwarded by the committee to the minister in the Senate responsible for the matters to which the notice relates.

(11) A committee may determine at any time the number and duration of any supplementary meetings.

(12) At a supplementary meeting, questions may be put to ministers or officers relating to matters of which notice has been given, and the proceedings of the committee shall be confined to those matters, but the committee shall otherwise conduct the proceedings in accordance with this standing order.

(13) A committee may report to the Senate any recommendation for further action by the Senate arising from the committee’s supplementary meetings.

(14) Written questions relating to the estimates may be supplied to the secretaries of the committees, who shall distribute them to the relevant departments and to members of the committees. Answers shall be supplied to, and circulated by, the secretaries.

74 Questions on notice

(1) Notice of a question shall be given by a senator signing and delivering it to the Clerk, fairly written, printed, or typed. Notice may be given by one senator on behalf of another.

(2) The Clerk shall place notices of questions on the Notice Paper in the order in which they are received.

(3) The reply to a question on notice shall be given by delivering it to the Clerk, a copy shall be supplied to the senator who asked the question, the publication of the reply is then authorised, and the question and reply shall be printed in Hansard.

(4) A senator who has received a copy of a reply pursuant to this standing order may, by leave, immediately after questions without notice, ask the question and have the reply read in the Senate.

 

 (5) If a minister does not answer a question on notice asked by a senator within 30 days of the asking of that question, or if a question taken on notice during a hearing of a legislative and general purpose standing committee considering estimates remains unanswered 30 days after the day set for answering the question, and a minister does not, within that period, provide to the senator who asked the question an explanation satisfactory to that senator of why an answer has not yet been provided:

(a) at the conclusion of question time on any day after that period, the senator may ask the relevant minister for such an explanation; and

(b) the senator may, at the conclusion of the explanation, move without notice - That the Senate take note of the explanation; or

(c) in the event that the minister does not provide an explanation, the senator may, without notice, move a motion with regard to the minister’s failure to provide either an answer or an explanation.

115 Committal

(1) After the second reading, a bill shall be considered in a committee of the whole immediately, unless:

(a) the bill is referred to a standing or select committee; or

(b) no senator has:

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

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

(2) After a bill has been read a second time a motion may be moved:

(a) without notice for referring the bill to a committee;

(b) on notice for an instruction to the committee of the whole.

(3) The further consideration of a bill referred to a standing or select committee shall be an order of the day for:

(a) where a day is fixed for the report of the committee, that day; or

(b) where no day is fixed for the report of the committee, the sitting day next occurring after the day on which the committee reports on the bill.

(4) (a) Where proposed expenditure has been considered and reported on by a legislative and general purpose standing committee, an appropriation bill authorising that proposed expenditure shall not be considered in committee of the whole, unless, prior to the further consideration of the bill subsequent to the second reading, a senator has circulated in the Senate a proposed amendment or request for amendment of the bill.

(b) Where an appropriation bill is considered in committee of the whole in accordance with this paragraph:

(i) the only questions put by the chair shall be:

( a ) that any amendment or request for amendment moved to the bill be agreed to, and

 

 ( b ) that the bill be reported with any amendment or request for amendment agreed to by the committee; and

(ii) debate shall be confined to the purpose of any amendment or request for amendment moved to the bill.

(c) At any stage of the consideration of an appropriation bill, other than in committee of the whole, an amendment, other than an amendment or a request for an amendment to the bill, arising from a recommendation of a legislative and general purpose standing committee, may be moved to the question before the chair.

(5) When the order of the day relating to a bill which is the subject of a committee report pursuant to standing order 24A is called on, the following procedures shall apply:

(a) A motion may be moved without notice that the report of the committee be adopted (if the committee has recommended amendments to the bill, this motion shall have the effect of amending the bill accordingly, but may not be moved if other proposed amendments to the bill have been circulated in the Senate by a senator).

(b) If a motion under subparagraph (a) is moved, following the disposal of that motion a motion may be moved by a minister, or, in respect of a bill introduced into either House of the Parliament other than by a minister, by the senator in charge of the bill, that consideration of the bill be an order of the day for a future day, or that the bill not be further proceeded with.

(c) If no motion under subparagraph (a) or (b) is agreed to, a motion may be moved without notice that the bill again be referred to the committee for reconsideration, provided that such motion:

(i) indicates the matters which the committee is to reconsider, and

(ii) fixes the day for the further report of the committee,

and if such motion is agreed to the bill shall stand referred to the committee, and the further consideration of the bill shall be an order of the day for the day fixed for the further report of the committee.

(d) If no motion under subparagraph (b) or (c) is agreed to, consideration of the bill shall be resumed at the stage at which it was referred to the committee, provided that, if the consideration of the bill in committee of the whole has been concluded and the committee has recommended amendments to the bill or requests for amendments, the bill shall again be considered in committee of the whole.

(6) On a motion on notice and a motion under this standing order to refer a bill to a committee, and on an amendment for that purpose to a question in respect of any stage in the passage of a bill after its second reading, a senator shall not speak for more than 5 minutes, and at the expiration of 30 minutes, if the debate be not sooner concluded, the President shall put the question on the motion and any amendments before the chair, but if a senator wishes to move a further amendment at that time, that amendment may be moved and shall be determined without debate.

21  Procedural orders of continuing effect

Committees

6 Reference of Tax Expenditures Statement to committees considering estimates

The annual Tax Expenditures Statement stands referred to legislative and general purpose standing committees for consideration by the committees during their examination of the estimates of government expenditure under standing order 26.

Parliamentary secretaries

19 Powers

(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 legislative and general purpose standing committee considering estimates.

(2) This order is of continuing effect.

22  Broadcasting of Senate and Committee Proceedings

3 Broadcasting of proceedings of committees when considering estimates

The public proceedings of legislative and general purpose standing committees when considering estimates may be relayed within Parliament House and broadcast by radio and television stations in accordance with the conditions contained in paragraphs (4) and (5) of the order of the Senate relating to the broadcasting of committee proceedings, and in accordance with any further conditions, not inconsistent with the conditions contained in those paragraphs, determined by a committee in relation to the proceedings of that committee.

23  Substitute members of committees—Temporary order

The following operate as a temporary order with effect from 11 September 2006 till the first sitting day in 2007:

If a member of a committee appointed under standing order 25 is unable to attend a meeting of the committee, that member may in writing to the chair of the committee appoint a participating member to act as a substitute member of the committee at that meeting. If the member is incapacitated or unavailable, a letter to the chair of a committee appointing a participating member to act as a substitute member of the committee may be signed on behalf of the member by the leader of the party or group on whose nomination the member was appointed to the committee.

( Agreed to 14 August 2006 upon adoption of recommendations of the Procedure Committee in its first report of 2006 .)