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General Business

 

A complete list of all general business notices of motion and orders of the day remaining on the Notice Paper is published at: www.aph.gov.au/Senate/business

 

Notices of Motion

Notice given 15 September 2016

      61   Senator Siewert : To move—That the Senate—

                          (a)      notes that:

                                                (i)      in 1770, two members of the Gweagal people stood on the shore of the place now called Botany Bay, as a boat containing James Cook and some of his crew approached the shore,

                                               (ii)      the Gweagal men were holding spears and a shield and they attempted to warn off the interlopers, an action that was responded to with gunfire,

                                             (iii)      one of the men, Cooman, was shot in the leg and he ran for cover, dropping his shield,

                                             (iv)      this shield and a number of spears and other artefacts from their camp were taken by James Cook and given to the British Museum when he returned there, and the shield and a number of the spears remain in the Museum’s collection, and

                                              (v)      a significant number of the spears taken are now also held by the Cambridge Museum of Archaeology and Anthropology;

                          (b)      acknowledges that:

                                                (i)      it is a core part of Aboriginal belief that artefacts must be kept on the country they came from, as they form a part of the ongoing story of that place,

                                               (ii)      laws covering Aboriginal cultural heritage in New South Wales recognise the strong connection between Aboriginal people, their land and their artefacts, and

                                             (iii)      the Gweagal people and their descendants are the rightful and lawful owners of all artefacts produced on their territory, including the shield and spears held in the British Museum and the Cambridge Museum of Archaeology and Anthropology;

                           (c)      recognises the work done by Cooman’s descendant Mr Rodney Kelly to push for the repatriation of these important artefacts;

                          (d)      supports the repatriation of these important artefacts to the Gweagal people; and

                           (e)      requests the Australian Government extend diplomatic assistance to Mr Rodney Kelly while he is in the United Kingdom seeking the return of the artefacts.



 

Notice given 10 October 2016

    *63   Senator Xenophon : To move—That the Senate—

                          (a)      notes that:

                                                (i)      on 12 September 2016 the Senate agreed to an order for production of documents directed at the Minister representing the Minister for Small Business for the legal advice referred to by the Australian Statistician during his appearance on 7.30 on 3 August 2016,

                                               (ii)      on 14 September 2016 the Minister representing the Minister for Small Business advanced a public interest immunity claim that the longstanding practice of successive governments has been not to disclose privileged legal advice to conserve the Commonwealth’s legal and constitutional interest,

                                             (iii)      the Senate has not accepted that there is a general public interest immunity that allows ministers or departments to withhold legal advice, but rather that each claim of public interest immunity is assessable by the Senate and that information of the particular potential harm should be provided to the Senate to make this assessment,

                                             (iv)      on 16 July 1975 the Senate laid out by resolution its position with respect to public interest immunity claims - paragraph 4 of that resolution makes it clear that, while the Senate may permit claims of public interest immunity to be advanced, it reserves the right to determine whether a particular claim will be accepted, and

                                              (v)      Australian courts have acknowledged that for the Parliament to undertake its duties it must be able to require the Executive to produce documents, and that the justification for legal professional privilege does not apply; and

                          (b)      does not accept the public interest immunity claim made by the Minister representing the Minister for Small Business in relation to the order for production of documents of 12 September 2016, and orders that there be laid on the table by the Minister representing the Minister for Small Business, by the start of business on the next day of sitting, the legal advice referred to by the Australian Statistician during his appearance on 7.30 on 3 August 2016.

    *65   Leader of the Australian Greens ( Senator Di Natale ): To move—That the Senate—

                          (a)      condemns the misogynistic, hateful comments made by the Republican candidate for President of the United States of America, Mr Donald Trump, about women and minorities, including the remarks revealed over the weekend that clearly describe sexual assault;

                          (b)      reflects on the divisive, destructive impact that hate speech from political candidates and members of elected office has on our community;

                           (c)      requests that every member of the Senate refrain from making racist, sexist comments, both in this chamber and outside it; and

                          (d)      calls on the Government to join the Senate in its condemnation of both Mr Donald Trump and hate speech in all its forms.

 

    *66   Senator Smith : To move—That the Senate—

                          (a)      notes:

                                                (i)      the strong multi-party commitment in Australia to see an end to the death penalty worldwide,

                                               (ii)      that 10 October is World Day Against the Death Penalty, an important moment to mark our resolve to end capital punishment around the world,

                                             (iii)      that the evidence overwhelmingly shows that the death penalty is not an effective deterrent to crime,

                                             (iv)      that the death penalty is the ultimate cruel and inhumane punishment and Australia opposes its use in all cases,

                                              (v)      that the international trend shows the world moving away from the death penalty-in 1977, only 16 countries had abolished the death penalty, now 140 nations have abolished capital punishment in law or practice,

                                             (vi)      that despite this overwhelming trend, 2015 saw more people executed than in any year in the past quarter century, with executions carried out by several of Australia’s neighbours and allies, and

                                           (vii)      that Australia has the opportunity to influence progress towards the worldwide abolition of the death penalty in its relationships with key regional and global partners;

                          (b)      acknowledges the efforts of all Australian governments to:

                                                (i)      continue to strengthen efforts to advocate for an end to the death penalty wherever it still occurs,

                                               (ii)      support civil society efforts to advocate for an end to the death penalty, particularly in retentionist countries, and

                                             (iii)      encourage other United Nations member states to support a global moratorium on the death penalty at upcoming United Nations General Assembly negotiations on a moratorium resolution; and

                           (c)      welcomes the report of the Joint Standing Committee on Foreign Affairs, Defence and Trade inquiry into Australia’s Advocacy for the Abolition of the Death Penalty, and looks forward to the Government’s response to the recommendations of the inquiry.

    *67   Senators Waters and Rhiannon: To move—That the Senate—

(1)         notes that:

(a)         the statement of ministerial standards stipulates that “Ministers are required to undertake that, for an eighteen month period after ceasing to be a Minister, they will not lobby, advocate or have business meetings with members of the government, parliament, public service or defence force on any matters on which they have had official dealings as Minister in their last eighteen months in office”;

(b)         Mr Ian Macfarlane held the Resources portfolio for the Coalition for thirteen years, including nine years as Minister, most recently the period of 18 September 2013 until 21 September 2015;

(c)         on 26 September 2016, approximately twelve months after he ceased to be a Minister, it was reported that Mr Macfarlane had been appointed as CEO of the Queensland Resources Council; and

(d)         it was also reported that Prime Minister Turnbull’s office gave approval for Mr Macfarlane’s appointment;

(2)         calls on all federal Ministers to rule out meeting with Mr Macfarlane in his capacity as CEO of the Queensland Resources Council until 21 March 2017 when eighteen months will have elapsed after he ceased to hold his ministerial portfolios; and

(3)         calls on Prime Minister Turnbull to clarify whether he or his office endorsed Mr Macfarlane’s disregard for the statement of ministerial standards.

    *68   Senators Rhiannon and Cameron: To move—That the Senate—

                          (a)      notes that:

                                                (i)      Australian dwellings increased in price by 10 per cent in 2015-16, indicating a clear national housing affordability crisis, with Sydney prices increasing by 13 per cent and Melbourne by 13.9 per cent, and

                                               (ii)      significant causes of these price increases include distortionary negative gearing and capital gains tax discount policies; and

                          (b)      calls on the Federal Government to significantly reform negative gearing and the capital gains tax discount to ensure housing is more affordable for first home buyers.

    *69   Senator Ludlam : To move—That the Senate—

                          (a)      notes:

                                                (i)      the video games industry is the fastest-growing entertainment industry in the world,

                                               (ii)      in recent years the industry in Australia has generated over $2 billion in retail revenue, and it continues to grow,

                                             (iii)      the industry is larger than the local film industry, but receives no Federal Government assistance,

                                             (iv)      the Senate inquiry into the future of Australia’s video game development industry was held from June 2015 to April 2016, with the final report presented on 29 April 2016, which was unanimously agreed to, and

                                              (v)      under resolution of the Senate, the Government is required to respond to Senate inquiries within three months of reporting; and

                          (b)      orders that there be laid on the table no later than 2 pm on, 13 October 2016, by the Minister for the Arts, the Government’s response to the report of the Environment and Communications References Committee on the future of Australia’s video game development industry.

    *70   Senator O’Sullivan : To move—That the Parliamentary Joint Committee on Law Enforcement be authorised to hold private meetings otherwise than in accordance with standing order 33(1), during the sittings of the Senate, from 5 pm, as follows:

                          (a)      Wednesday, 12 October 2016;

                          (b)      Wednesday, 9 November 2016; and

                           (c)      Wednesday, 23 November 2016.

 

    *71   Chair of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity ( Senator McKenzie ): To move—That the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity be authorised to hold private meetings otherwise than in accordance with standing order 33(1), during the sittings of the Senate, from 1 pm, as follows:

                          (a)      Tuesday, 8 November 2016; and

                          (b)      Tuesday, 22 November 2016.

    *72   Chair of the Joint Committee of Public Accounts and Audit ( Senator Smith ): To move—That the Joint Committee of Public Accounts and Audit be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sittings of the Senate, as follows:

                          (a)      Thursday, 13 October 2016, from 10.30 am; and

                          (b)      Wednesday, 9 November 2016, from 9.30 am.

    *73   Chair of the Joint Standing Committee on Electoral Matters (Senator Reynolds): To move—That the Joint Standing Committee on Electoral Matters be authorised to hold private meetings otherwise than in accordance with standing order 33(1) during the sittings of the Senate, from 9.40 am, as follows:

                          (a)      Wednesday, 12 October 2016;

                          (b)      Wednesday, 9 November 2016, followed by a public meeting;

                           (c)      Wednesday, 23 November 2016, followed by a public meeting; and

                          (d)      Wednesday, 30 November 2016, followed by a public meeting.

    *74   Senator Leyonhjelm : To move—

(1)         That a select committee, to be known as the Red Tape Committee, be established to inquire into and report on, by 1 December 2017, the effect of restrictions and prohibitions on business (red tape) on the economy and community, with particular reference to:

(a)         the effects on compliance costs (in hours and money), economic output, employment and government revenue, with particular attention to industries, such as mining, manufacturing, tourism and agriculture, and small business;

(b)         any specific areas of red tape that are particularly burdensome, complex, redundant or duplicated across jurisdictions;

(c)         the impact on health, safety and economic opportunity, particularly for the low­-skilled and disadvantaged;

(d)         the effectiveness of the Abbott, Turnbull and previous governments’ efforts to reduce red tape;

(e)         the adequacy of current institutional structures (such as Regulation Impact Statements, the Office of Best Practice Regulation and red tape repeal days) for achieving genuine and permanent reductions to red tape;

(f)          alternative institutional arrangements to reduce red tape, including providing subsidies or tax concessions to businesses to achieve outcomes currently achieved through regulation;

(g)         how different jurisdictions in Australia and internationally have attempted to reduce red tape; and

(h)         any related matters.

(2)         That the committee consist of 7 senators, 2 nominated by the Leader of the Government in the Senate, 1 nominated by the Leader of the Opposition in the Senate, 1 nominated by the Leader of the Australian Greens, and 3 to be nominated by other parties and independent senators.

(3)         That:

(a)         participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate, the Leader of the Australian Greens or any other party or any independent senator;

(b)         participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee; and

(c)         a participating member shall be taken to be a member of the committee for the purpose of forming a quorum of the committee.

(4)         That 3 members of the committee constitute a quorum of the committee.

(5)         That the committee may proceed to the dispatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.

(6)         That the committee elect as chair and deputy chair a member nominated by the aforementioned other parties and independent senators.

(7)         That the deputy chair shall act as chair when the chair is absent from a meeting of the committee or the position of chair is temporarily vacant.

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

(9)         That, in the event of an equality of voting, the chair, or the deputy chair when acting as chair, has a casting vote.

(10)     That the committee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings, the evidence taken and such interim recommendations as it may deem fit.

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

(12)     That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

    *75   Senator Moore : To move—That the Senate—

                          (a)      notes the recent death of Rebecca Wilson and expresses its sympathy to her family and many friends on this loss;

                          (b)      acknowledges her significant contribution to sports journalism, nationally and internationally in this industry; and

                           (c)      celebrates her inspiration and support for women in this industry, and in sport.

    *76   Senator Kakoschke-Moore : To move—That the Senate—

                          (a)      supports the first National Headspace Day on 11 October 2016 as part of National Mental Health Week;

                          (b)      notes that:

                                                (i)      one in four young people have experienced a mental health issue in the past 12 months - a higher prevalence than all other age groups,

                                               (ii)      suicide remains the leading cause of death of young people, accounting for one-third of all deaths,

                                             (iii)      young Australians with mental health issues are putting themselves in serious danger by waiting months before seeking help,

                                             (iv)      research from Headspace and Orygen shows that 50 per cent of 12 to 25 year olds are waiting six months before reaching out for help,

                                              (v)      close to 50 per cent of young people said financial cost was a barrier preventing them from getting treatment,

                                             (vi)      research shows that 75 per cent of mental health issues emerge before the age of 25 - by treating these issues early and providing a holistic model of support, the risk of them developing into more serious problems is greatly decreased, and

                                           (vii)      over the past ten years, more than 260,000 young people have sought help and advice through Headspace centres or online and over the phone;

                           (c)      recognises the work of Headspace in making a substantial difference in communities across the nation and transforming services for young people living with mental illness; and

                          (d)      calls on the Government to continue funding Headspace and rolling out Headspace centres in regional Australia as part of the Government’s commitment to tackling mental health issues among young Australians.

Notice of motion altered on 10 October 2016 pursuant to standing order 77.

    *77   Senator Kakoschke-Moore : To move—That the Senate—

                          (a)      notes that:

                                                (i)      human trafficking and slavery are serious and often transnational crimes encompassing a wide range of exploitative practices with almost every country affected as a point of origin, transit or destination for victims,

                                               (ii)      on 4 August 2016, the Department of Foreign Affairs and Trade (DFAT) and the Attorney-General’s Department (AGD) co-hosted a whole-of­-government event to mark the United Nations World Day Against Trafficking in Persons which is commemorated on 30 July each year,

                                             (iii)      the event was an important opportunity for DFAT and AGD to strengthen relationships with key stakeholders in the human trafficking space including Australian Catholic Religious Against Trafficking in Humans (ACRATH),

 

                                             (iv)      the event followed the Senior Officials Meeting of the Roundtable on Human Trafficking and Slavery, also attended by ACRATH, which provided key stakeholders to reflect on the issues impacting on people trafficked into Australia,

                                              (v)      ACRATH continues to make a significant contribution to the work of anti-trafficking initiatives in Australia,

                                             (vi)      in the last twelve months ACRATH has undertaken 132 presentations across Australia, assisted 22 trafficked women and 13 children and devoted 7,267 hours of volunteer time spent in raising awareness of, and advocating against, human trafficking in Australia, and

                                           (vii)      funding for ACRATH will expire in 2017; and

                          (b)      calls on the Government to adequately resource appropriate programs on the eradication of slavery and human trafficking.

Notice of motion altered on 10 October 2016 pursuant to standing order 77.

    *78   Leader of the Australian Greens ( Senator Di Natale ): To move—That the Senate—

                          (a)      notes that this week marks the Global Week of Action against the extrajudicial killings in the Philippines of people who use drugs;

                          (b)      unreservedly condemns the extrajudicial killings of more than 3,000 people who use drugs in the Philippines, and their encouragement by Philippines President Duterte; and

                           (c)      urgently calls for President Duterte to end the extrajudicial murder of people who use drugs and instead focus on internationally accepted, evidence-based interventions and policies that place the reduction of harm and the wellbeing of the community front and centre.