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EDUCATION LEGISLATION AMENDMENT BILL 2008E SCHOOLS ASSISTANCE BILL 2008

Order of the day read for the adjourned debate on the motion of the Minister for Superannuation and Corporate Law (Senator Sherry)—That these bills be now read a second time—and on the amendment moved by Senator Milne in respect of the Schools Assistance Bill 2008 (see entry no. 4).

Debate resumed.

Question—That the amendment be agreed to—put.

The Senate divided—

AYES,6


Senators—
Brown, BobHanson-YoungMilneSiewert (Teller)
FieldingLudlam

NOES, 32


Senators—
ArbibCrossinKrogerParry
BilykFeeneyLudwigPayne
BoyceFergusonLundyPratt
Brown, CarolFurnerMarshallRonaldson
CameronHumphriesMasonTroeth
CarrHurleyMcEwenTrood
CashHutchinsMcLucasWilliams (Teller)
CollinsJohnstonMooreWortley

Question negatived.

Main question put and passed.

Bills read a second time.

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

In the committee

EDUCATION LEGISLATION AMENDMENT BILL 2008—

Bill, taken as a whole by leave, agreed to.


SCHOOLS ASSISTANCE BILL 2008—

Bill, taken as a whole by leave, debated.

Explanatory memorandum: The Minister for Innovation, Industry, Science and Research (Senator Carr) tabled a supplementary explanatory memorandum relating to the government amendments to be moved to the bill.

Bill further debated.

Senator Milne moved the following amendment:

 Clause 1, page 1 (line 8), omit "Schools Assistance Act", substitute "Non-Government Schools Assistance Act".

Debate ensued.

Question—That the amendment be agreed to—put and negatived. All Australian Greens senators, by leave, recorded their votes for the ayes.

Senator Milne moved the following amendments together by leave:

 Clause 3, page 2 (line 9), omit "2012", substitute "2010".

 Clause 4, page 8 (line 11) (definition of program year), omit ", 2010, 2011 or 2012", substitute "or 2010".

 Clause 71, page 62 (table items 3 and 4), omit the table items.

Debate ensued.

Question—That the amendments be agreed to—put.

The committee divided—

AYES,5


Senators—
Brown, BobLudlamMilneSiewert (Teller)
Hanson-Young

NOES, 42


Senators—
ArbibCrossinHutchinsPratt
BarnettEgglestonKrogerRonaldson
BilykEvansLundyScullion
BirminghamFeeneyMarshallStephens
BoswellFergusonMasonSterle
BoyceFieldingMcEwenTrood
Brown, CarolFierravanti-WellsMcGauranWilliams
BushbyFisherMcLucasWortley
CameronFurnerMooreXenophon
CarrHumphriesNash
CashHurleyParry (Teller)

Question negatived.


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

 Clause 15, page 19 (line 20), before "The Minister may", insert "(1)".

 Clause 15, page 20 (lines 4 and 5), omit "if a law of the Commonwealth or a State requires the body or authority to be audited—", substitute "a law of the Commonwealth or a State requires the body or authority to be audited, and the Minister determines that this paragraph applies because".

 Clause 15, page 20 (after line 8), at the end of the clause, add:

  (2) A determination made under paragraph (1)(c) is not a legislative instrument, but is a disallowable instrument for the purposes of section 46B of the Acts Interpretation Act 1901.

Question—That the bill, as amended, be agreed to—divided in respect of clause 22.

Clause 22 debated.

Question—That clause 22 stand as printed—put.

The committee divided—

AYES,32


Senators—
ArbibCrossinHutchinsMoore
BilykEvansLudlamPratt
Brown, BobFaulknerLudwigSiewert
Brown, CarolFeeneyLundyStephens
CameronForshawMarshallSterle
CarrFurnerMcEwen (Teller)Wong
CollinsHanson-YoungMcLucasWortley
ConroyHurleyMilneXenophon

NOES, 32


Senators—
BarnettCoonanHumphriesParry
BernardiEgglestonJohnstonPayne
BirminghamFergusonKrogerRonaldson
BoswellFieldingMacdonaldRyan
BoyceFierravanti-WellsMasonScullion
BrandisFifieldMcGauranTroeth
BushbyFisherMinchinTrood
CashHeffernanNashWilliams (Teller)

The ayes and noes were equal and so the clause was negatived.

On the motion of Senator Carr the following amendment was debated and agreed to:

 Clause 24, page 26 (line 16), after subclause (1), insert:

  (1A) A funding agreement must not require a report mentioned in subsection (1) to include any information that would identify a particular donor as a funding source of any non-government school or non-government body.

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

 Clause 66, page 57 (line 6), omit "the amount worked out under subsection 67(1)", substitute "the amounts worked out under subsections 67(1) and 67(1A)".


 Clause 67, page 57 (after line 23), after subclause 67(1), insert:

  (1A) The regulations may specify, by reference to an amount or a formula for calculating an amount:

 (a) an additional amount of assistance for each Indigenous student from a remote area receiving primary education at a non-remote campus;

 (b) an additional amount of assistance for each Indigenous student from a very remote area receiving primary education at a non-remote campus.

 Clause 68, page 59 (line 3), omit "the amount worked out under subsection 69(1)", substitute "the amounts worked out under subsections 69(1) and 69(1A)".

 Clause 69, page 59 (after line 20), after subclause 69(1), insert:

  (1A) The regulations may specify, by reference to an amount or a formula for calculating an amount:

 (a) an additional amount of assistance for each Indigenous student from a remote area receiving secondary education at a non-remote campus;

 (b) an additional amount of assistance for each Indigenous student from a very remote area receiving secondary education at a non-remote campus.

Bill, as amended, agreed to.

The Education Legislation Amendment Bill 2008 to be reported without amendments and the Schools Assistance Bill 2008 to be reported with amendments.

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

On the motion of Senator Carr the report from the committee was adopted.

Senator Carr moved—That these bills be now read a third time.

Debate ensued.

Question put and passed.

Bills read a third time.