Save Search

Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (EMERGENCY RESPONSE CONSOLIDATION) BILL 2008

Order of the day read for the adjourned debate on the motion of the Minister for Innovation, Industry, Science and Research (Senator Carr)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Question—That the bill be agreed to—divided in respect of Schedule 1, items 3, 13 and 16.

Schedule 1, items 3, 13 and 16 debated.

Question—That Schedule 1, items 3, 13 and 16 stand as printed—put and negatived.


On the motion of Senator Scullion the following amendments, taken together by leave, were debated and agreed to:

 Schedule 1, item 5, page 4 (line 9), omit "declared".

 Schedule 1, item 5, page 4 (line 19), omit "declared".

 Schedule 1, item 9, page 5 (line 22), omit "declared".

 Schedule 1, item 10, page 6 (line 1) to page 9 (line 16), omit clause 12, substitute:

  

12 Condition applicable to certain subscription television narrowcasting services provided in the Northern Territory under class licences

  (1) The provision by a person of a subscription television narrowcasting service under a class licence is also subject to the condition that the licensee will not broadcast an R 18+ program in a way that will enable a subscriber in a prescribed area (within the meaning of the Northern Territory National Emergency Response Act 2007) to view the program.

   Sunset provision

  (2) Subclause (1) ceases to have effect at whichever is the earlier of the following times:

 (a) the end of the period of 5 years that began on the day after the day on which the Northern Territory National Emergency Response Act 2007 received the Royal Assent;

 (b) if a shorter period is specified in a written instrument made by the Minister for the purposes of this paragraph—the end of that shorter period.

  (3) An instrument under paragraph (2)(b) is a legislative instrument, but section 42 (disallowance) of the Legislative Instruments Act 2003 does not apply to the instrument.

   R 18+ programs

  (4) For the purposes of this clause, an R 18+ program is a program that has been classified and/or assessed R 18+ by:

 (a) the Classification Board; or

 (b) the provider of the subscription television narrowcasting service concerned.

 Schedule 1, item 10, page 9 (after line 16), after clause 12, insert:

  

12A Application of Racial Discrimination Act 1975

  (1) Clause 12 of this Schedule and the remaining provisions of this Act in so far as they relate to clause 12 of this Schedule, and any acts done under or for the purposes of those provisions:

 (a) are special measures for the purposes of the Racial Discrimination Act 1975; and

 (b) are excluded from the operation of Part II of the Racial Discrimination Act 1975.

  (2) In this clause, a reference to any acts done includes a reference to any failure to do an act.

Question—That the bill, as amended, be agreed to—divided in respect of Schedule 1, item 10, clause 13.

Schedule 1, item 10, clause 13 debated.

Question—That Schedule 1, item 10, clause 13 stand as printed—put.


The committee divided—

AYES,44


Senators—
BarnettCollinsHumphriesPolley
BilykCrossinHurleyPratt
BirminghamFarrellHutchinsRonaldson
BishopFeeneyKrogerRyan
BoswellFergusonLundyScullion
BoyceFieldingMarshallSherry
BrandisFifieldMcEwen (Teller)Sterle
Brown, CarolFisherMcGauranTroeth
BushbyForshawMcLucasWilliams
CameronFurnerNashWortley
ColbeckHoggParryXenophon

NOES, 4


Senators—
Brown, BobHanson-YoungLudlamSiewert (Teller)

Clause agreed to.

Question—That the bill, as amended, be agreed to—divided in respect of Schedule 2.

Schedule 2 debated and agreed to.

Question—That the bill, as amended, be agreed to—divided in respect of Schedule 3, items 1 to 9.

Schedule 3, items 1 to 9 debated.

Question—That Schedule 3, items 1 to 9 stand as printed—put.

The committee divided—

AYES, 25

Senators—

Arbib

Bilyk

Bishop

Brown, Bob

Brown, Carol

Cameron

Collins

Crossin

Farrell

Feeney

Forshaw

Furner

Hanson-Young

Hurley

Ludlam

Lundy

Marshall

McEwen (Teller)

McLucas

Polley

Pratt

Sherry

Siewert

Sterle

Wortley

NOES, 28

Senators—

Barnett

Bernardi

Birmingham

Boswell

Boyce

Brandis

Bushby

Colbeck

Coonan

Ferguson

Fielding

Fierravanti-Wells

Fifield

Fisher

Humphries

Kroger

Macdonald

Mason

McGauran

Nash

Parry (Teller)

Payne

Ronaldson

Ryan

Scullion

Troeth

Williams

Xenophon

Items negatived.

Bill, as amended, further debated.

The Leader of the Family First Party (Senator Fielding) asked that the question on Schedule 2 be put again.

Leave was granted for the question to be put again.

Question—That Schedule 2 stand as printed—put and negatived.


Senator Scullion moved the following amendment:

 Page 18 (after line 12), after Schedule 3, insert:

  

Schedule 3A—Access to Aboriginal land

 

Aboriginal Land Rights (Northern Territory) Act 1976

 1 Subsection 70B(2)

  Omit "may" (first occurring), substitute "must".

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES,28


Senators—
BarnettColbeckHumphriesPayne
BernardiCoonanKrogerRonaldson
BirminghamFergusonMacdonaldRyan
BoswellFieldingMasonScullion
BoyceFierravanti-WellsMcGauranTroeth
BrandisFifieldNashWilliams
BushbyFisherParry (Teller)Xenophon

NOES, 26


Senators—
ArbibCrossinHurleySherry
BilykEvansHutchinsSiewert
BishopFarrellLudlamStephens
Brown, BobFeeneyLundySterle
Brown, CarolForshawMarshallWortley
CameronFurnerMcEwen (Teller)
CollinsHanson-YoungPratt

Question agreed to.

Senator Siewert moved the following amendment:

 Page 19 (after line 8), at the end of the bill, add:

  

Schedule 5—Application of National Emergency Response Laws

 

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007

 1 Section 4

  Repeal the section, substitute:

 

4 Racial Discrimination Act

  (1)  Without limiting the general operation of the Racial Discrimination Act 1975 in relation to the following Acts:

 (a) Aboriginal Land Rights (Northern Territory) Act 1976 ;

 (b) Australian Crime Commission Act 2002 ;

 (c) Australian Federal Police Act 1979 ;


 (d) Classification (Publications, Films and Computer Games) Act 1995 ;

  the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

 (2) The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975 .

 (3) The provisions of this Act, and any acts done under or for the purposes of those provisions are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

 (4) Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

 (5) In this section, a reference to any act done includes a reference to any failure to do an act.

 2 Section 5

  Repeal the section.

 

Northern Territory National Emergency Response Act 2007

 3 Section 132

  Repeal the section, substitute:

 

132 Racial Discrimination Act

  (1)  The provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act.

  (2) The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975 .

  (3) The provisions of this Act, and any acts done under or for the purposes of those provisions are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

  (4) Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

  (5) In this section, a reference to any act done includes a reference to any failure to do an act.

 4 Section 133

  Repeal the section.

 

Social Security and Other Legislation Amendment (Welfare Payment Reform) Act 2007

 5 Section 4

  Repeal the section, substitute:

 

4 Racial Discrimination Act

  (1)  Without limiting the general operation of the Racial Discrimination Act 1975 in relation to the Social Security (Administration) Act 1999 , the provisions of the Racial Discrimination Act 1975 are intended to prevail over the provisions of this Act and the provisions of the Social Security (Administration) Act 1999 .


    (2) The provisions of this Act do not authorise conduct that is inconsistent with the provisions of the Racial Discrimination Act 1975 .

  (3) The provisions of this Act, and any acts done under or for the purposes of those provisions are, for the purposes of the Racial Discrimination Act 1975, intended to qualify as special measures.

  (4) Any act done, any decision made and any discretion exercised under or for the purposes of this Act must be consistent with the intended beneficial purpose of this Act.

  (5) In this section, a reference to any act done includes a reference to any failure to do an act.

 6 Sections 5, 6 and 7

  Repeal the sections.

Debate ensued.

Question—That the amendment be agreed to—put and negatived.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy President (Senator Marshall) resumed the chair and the Temporary Chair of Committees reported accordingly.

On the motion of the Minister for Immigration and Citizenship (Senator Evans) the report from the committee was adopted.

Senator Evans moved—That this bill be now read a third time.

Question put.

The Senate divided—

AYES,28


Senators—
BarnettColbeckHumphriesPayne
BernardiCoonanKrogerRonaldson
BirminghamFergusonMacdonaldRyan
BoswellFieldingMasonScullion
BoyceFierravanti-WellsMcGauranTroeth
BrandisFifieldNashWilliams
BushbyFisherParry (Teller)Xenophon

NOES, 26


Senators—
ArbibCrossinHutchinsSherry
BilykEvansLudlamSiewert
BishopFarrellLundyStephens
Brown, BobFeeneyMarshallSterle
Brown, CarolFurnerMcEwen (Teller)Wortley
CameronHanson-YoungMcLucas
CollinsHurleyPratt

Question agreed to.

Bill read a third time.