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SJ No 51 - 3 December 2008
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Senate Journal No. 51 - 3 December 2008
- 1 MEETING OF SENATE
- 2 GOVERNMENT DOCUMENTS
- 3 AUDITOR-GENERAL AMENDMENT BILL 2008E CORPORATIONS AMENDMENT (NO. 1) BILL 2008E MIGRATION LEGISLATION AMENDMENT BILL (NO. 2) 2008E THERAPEUTIC GOODS AMENDMENT (MEDICAL DEVICES AND OTHER MEASURES) BILL 2008
- 4 CONSIDERATION OF LEGISLATION
- 5 BROADCASTING LEGISLATION AMENDMENT (DIGITAL TELEVISION SWITCH-OVER) BILL 2008
- 6 INTERSTATE ROAD TRANSPORT CHARGE AMENDMENT BILL (NO. 2) 2008E ROAD CHARGES LEGISLATION REPEAL AND AMENDMENT BILL 2008
- 7 MATTERS OF PUBLIC INTEREST
- 8 QUESTIONS
- 9 IMMIGRATION—MR MARAT AMINOV—STATEMENT BY LEAVE
- 10 MOTIONS TO TAKE NOTE OF ANSWERS
- 11 DEATH OF FORMER MEMBER THE HONOURABLE FRANCIS DANIEL CREAN
- 12 NOTICES
- 13 POSTPONEMENTS
- 14 FOREIGN AFFAIRS—WEST AFRICA—CHILD LABOUR
- 15 WATER AMENDMENT (SAVING THE GOULBURN AND MURRAY RIVERS) BILL 2008
- 16 WATER ACT 2007—CRITICAL HUMAN WATER NEEDS—DEFINITIONS AND CRITERIA—ORDER FOR PRODUCTION OF DOCUMENT
- 17 FAMILY AND COMMUNITY SERVICES—ABC LEARNING—CHILD CARE
- 18 ECONOMICS—ECONOMIC STRATEGY
- 19 ENVIRONMENT—NATIVE FORESTS AND WOODLANDS
- 20 INTERNATIONAL DAY OF PEOPLE WITH DISABILITY
- 21 ADJOURNMENT DEBATE ON TUESDAY—DIVISIONS ON THURSDAY—SUBSTITUTE MEMBERS OF COMMITTEES—TEMPORARY ORDERS
- 22 SCRUTINY OF BILLS—STANDING COMMITTEE—ALERT DIGEST NO. 14 OF 2008
- 23 SENATORS' INTERESTS—STANDING COMMITTEE—DOCUMENTS
- 24 PARLIAMENT—COMMONWEALTH ELECTORAL AMENDMENT (POLITICAL DONATIONS AND OTHER MEASURES) BILL 2008—MINISTERIAL STATEMENT—DOCUMENTS
- 25 TRADE—TRANS PACIFIC PARTNERSHIP—MINISTERIAL STATEMENT—CONSIDERATION
- 26 DEPARTMENT OF THE SENATE—REGISTER OF SENATE SENIOR EXECUTIVE OFFICERS' INTERESTS—DOCUMENT
- 27 INDEPENDENT AUDIT—AUSTRALIAN NATIONAL AUDIT OFFICE—DOCUMENT
- 28 DOCUMENTS
- 29 FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS AND OTHER LEGISLATION AMENDMENT (FURTHER 2008 BUDGET AND OTHER MEASURES) BILL 2008
- 30 NATION-BUILDING FUNDS BILL 2008E NATION-BUILDING FUNDS (CONSEQUENTIAL AMENDMENTS) BILL 2008E COAG REFORM FUND BILL 2008
- 31 SCHOOLS ASSISTANCE BILL 2008
- 32 GOVERNOR-GENERAL'S MESSAGE—ASSENT TO LAWS
- 33 ECONOMICS—STANDING COMMITTEE—REPORT—DEFINITION OF UNCONSCIONABLE CONDUCT FOR THE PURPOSES OF PART IVA OF THE TRADE PRACTICES ACT 1974
- 34 ECONOMICS—STANDING COMMITTEE—REPORT—MATTERS RELATING TO THE GAS EXPLOSION AT VARANUS ISLAND, WESTERN AUSTRALIA
- 35 VALEDICTORY STATEMENTS
- 36 NOTICE
- 37 ADJOURNMENT
- 38 ATTENDANCE
Notices of motion:
Senator Barnett: To move on the next day of sitting—That the following matter be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 25 June 2009:
Australia's judicial system and the role of judges, with particular reference to:
(a) the procedure for appointment and method of termination;
(b) the term of appointment, including the desirability of a compulsory retirement age, and the merit of full-time, part-time or other arrangements;
(c) appropriate qualifications;
(d) jurisdictional issues;
(e) the cost of delivering justice;
(f) the timeliness of judicial decisions;
(g) the judicial complaints handling system;
(i) other matters relating and incidental thereto.
The Minister for Human Services (Senator Ludwig): To move on the next day of sitting—That—
(1) On Thursday, 4 December 2008:
(a) the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to midnight;
(b) consideration of general business, and consideration of committee reports, government responses and Auditor-General's reports under standing order 62(1) and (2) shall not be proceeded with;
(c) the routine of business from 12.45 pm till not later than 2 pm, and from not later than 3.45 pm shall be government business only;
(d) divisions may take place after 4.30 pm;
(e) the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the bills listed below and any messages from the House of Representatives:
Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008
Interstate Road Transport Charge Amendment Bill (No. 2) 2008
Road Charges Legislation Repeal and Amendment Bill 2008
Temporary Residents' Superannuation Legislation Amendment Bill 2008
Superannuation (Departing Australia Superannuation Payments Tax) Amendment Bill 2008
Water Amendment Bill 2008 (message)
Aged Care Amendment (2008 Measures No. 2) Bill 2008
Nation-building Funds Bill 2008
Nation-building Funds (Consequential Amendments) Bill 2008
COAG Reform Fund Bill 2008
Social Security Legislation Amendment (Employment Services Reform) Bill 2008
Social Security and Veterans' Entitlements Legislation Amendment (Schooling Requirements) Bill 2008
Corporations Amendment (Short Selling) Bill 2008
Tax Laws Amendment (Luxury Car Tax—Minor Amendments) e Bill 2008
Tax Laws Amendment (Political Contributions and Gifts) Bill 2008
Safe Work Australia Bill 2008 (message)
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008 (message)
Horse Disease Response Levy Bill 2008
Horse Disease Response Levy Collection Bill 2008
Horse Disease Response Levy (Consequential Amendments) e Bill 2008; and
(2) On Friday, 5 December 2008:
(a) the hours of meeting shall be 9 am to noon, 1 pm to 6.30 pm and 7.30 pm to midnight; and
(b) if the Senate is sitting at midnight, the sitting of the Senate be suspended till 9 am on Saturday, 6 December 2008.
Senator Cash: To move on the next day of sitting—That the Senate—
(a) notes and commends the sensible action taken by Labor Senators Sterle and Hutchins and also the Labor Member for Throsby, Ms George, in expressing concern over the proposed Carbon Pollution Reduction Scheme (CPRS);
(b) notes the concern expressed publicly by a number of industries that may be potentially affected by the proposed CPRS including BlueScope Steel, Nyrstar, Qantas and Visy; and
(c) calls on the Government to delay the introduction of the proposed CPRS until these concerns are addressed. (general business notice of motion no. 322)
Senator Siewert: To move on the next day of sitting—That the Senate—
(a) notes the joint Common Position Statement which highlights the unsustainable and cruel nature of recreational shooting of native waterbirds which is endorsed by 136 organisations, including the World Wildlife Fund, Birds Australia, Bird Observation and Conservation Australia, RSPCA Australia, Australian Conservation Foundation and the Wilderness Society;
(b) explores permanently banning recreational duck shooting on all:
(i) Commonwealth controlled land, and
(ii) Ramsar sites throughout Australia; and
(c) considers working in cooperation with Victoria, Tasmania, South Australia and the Northern Territory to negotiate an intergovernmental agreement for nationally-consistent legislation for a permanent ban on the recreational shooting of native waterbirds. (general business notice of motion no. 323)
Senator Bushby: To move on the next day of sitting—
(1) That a select committee, to be known as the Select Committee on the Bank Deposit Guarantee, be established to inquire into and report by 30 June 2009 on:
(a) the circumstances and basis of the decision to introduce an unlimited bank deposit guarantee and of subsequent decisions to change or define the guarantee;
(b) the circumstances and basis of the decision to introduce an unlimited wholesale bank funding guarantee and of subsequent decisions to change or define the guarantee;
(c) the effect that the initial announcement of - and subsequent changes to - an unlimited bank deposit guarantee had on the Australian financial sector, including for companies not regulated by the Australian Prudential Regulation Authority (APRA);
(d) the effect that the initial announcement of - and subsequent changes to - an unlimited wholesale bank funding guarantee had on the Australian financial sector, including for companies not regulated by APRA;
(e) the estimated effect of the bank deposit and wholesale funding guarantees on interest rates in Australia;
(g) the interaction between the deposit guarantee scheme and other recent measures implemented by the Government, including the wholesale funding guarantee and the recent purchases of residential mortgage backed securities;
(h) the nature of the financial and economic distortions that the unlimited deposit guarantee scheme has created vis--vis savings products that are not covered by the guarantee scheme;
(i) the optimal cap for the deposit guarantee in the light of international experience;
(j) recommendations for ameliorating the moral hazard associated with the deposit guarantee and wholesale funding guarantees;
(k) recommendations for policies to credibly remove the wholesale funding guarantee and to reduce the deposit guarantee to the recommended optimal cap;
(l) the effects of the bank deposit guarantee and wholesale funding guarantee on competition within the financial sector;
(m) the effects of the announcement of the unlimited bank deposit guarantee and unlimited wholesale funding guarantee on consumer and business confidence;
(n) the broader economic and social consequences of these distortions;
(o) the size and nature of the contingent liability that the unlimited deposit guarantee has created for Australian taxpayers; and
(p) other matters relevant to the bank deposit guarantee and wholesale funding guarantee that the committee considers appropriate.
(2) That the committee consist of 7 senators, 4 nominated by the Leader of the Opposition in the Senate, 2 nominated by the Leader of the Government in the Senate, and 1 nominated by any minority party or independent senators.
(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 or any minority party or 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 if a majority of members of the committee is not present.
(4) 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.
(5) That the committee elect as chair one of the members nominated by the Leader of the Opposition in the Senate.
(7) That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
(8) That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to examine.
(9) That the committee and any subcommittee 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.
(10) 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.
(11) 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. (general business notice of motion no. 324)
Senator Ferguson: To move on the next day of sitting—That the temporary orders of the Senate of 15 October 2008 and 13 November 2008, relating to the abolition of questions to senators other than ministers and to chairs of committees, and the restructuring of question time, continue as temporary orders during 2009. (general business notice of motion no. 325)
The Leader of the Australian Greens (Senator Bob Brown): To move on the next day of sitting—That the Senate—
(a) expresses its concern about the ongoing shortage of air traffic controllers at Australian airports;
(b) welcomes the Government's acknowledgement of the shortage in its National aviation policy green paper, released on 2 December 2008; and
(c) calls on the Minister for Infrastructure, Transport, Regional Development and Local Government, given the delay before an aviation white paper is released and implemented, to intervene now to ensure Airservices Australia employs adequate numbers of air traffic controllers to achieve safety standards and allow airlines to run services on schedule. (general business notice of motion no. 326)
The Chair of the Legal and Constitutional Affairs Committee (Senator Crossin): To move on the next day of sitting—That the Legal and Constitutional Affairs Committee be authorised to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on Thursday, 4 December 2008, from 1.30 pm, in relation to its inquiry on the effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality. (general business notice of motion no. 327)
The Leader of the Australian Greens (Senator Bob Brown): To move on the next day of sitting—That the Senate adopt the following amendments to standing order 25 with effect from 1 January 2009.
(5) The committees shall each consist of 7 senators, 3 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate and 1 nominated by the Leader of the largest party on the Senate crossbench, in consultation with independent members and other minor parties.
Omit paragraphs (9)(a), (b) and (c), substitute:
(9) (a) The Standing Committee on Community Affairs shall elect as its chair a member of the largest party on the Senate crossbench, and as its deputy chair a member of the Government.
(b) The Standing Committee on Rural and Regional Affairs and Transport shall elect as its chair a member of the Opposition, and as its deputy chair a member of the largest party on the Senate crossbench.
(c) Of the remaining committees:
(i) each of 3 committees shall elect as its chair a member nominated by the Leader of the Opposition in the Senate and as its deputy chair a member nominated by the Leader of the Government in the Senate, and
(d) The allocation of chairs and deputy chairs in accordance with paragraph (c) shall be determined by agreement between the Government and the Opposition, and, in the absence of agreement duly notified to the President, any question of the allocation of chairs shall be determined by the Senate. (general business notice of motion no. 328)
Senator Milne: To move on the next day of sitting—That the Senate—
(a) notes that the Green Cooling Council Ltd's highly significant and internationally recognised work to facilitate a reduction in the use of high global warming potential hydrofluorocarbon (HFC) greenhouse gases in the refrigeration and air conditioning industry through the replacement of HFCs with natural refrigerants has been funded under a Greenhouse Gas Abatement Program grant of up to $2 million over 4 years;
(b) recognises that this is making a valuable contribution to reducing Australia's greenhouse emissions and preparing Australian industry for the introduction of the Carbon Pollution Reduction Scheme, and without immediate measures the Green Cooling Council faces imminent termination;
(c) expresses concern that delays by the Department of the Environment, Water, Heritage and the Arts in making due payments in respect to the Green Cooling Council Greenhouse Gas Abatement Program grant has today caused the company to go into administration, and urges the Government to take urgent action to avoid termination of the project; and
(d) calls on the Government to ensure the ongoing success of the project. (general business notice of motion no. 329)
(a) furnish the Senate with reasons for rejecting the name Inglis Clark (Andrew Inglis Clark was a key contributor to the drafting of the Australian Constitution) for the Tasmanian seat of Denison; and
(b) seek to have the decision reconsidered. (general business notice of motion no. 330)
The Leader of the Australian Greens (Senator Bob Brown): To move on the next day of sitting—That the Senate—
(a) welcomes the reported decision of the New South Wales Minister for Climate Change and the Environment (Ms Tebbutt) to spend $1.23 million on a recovery plan for koalas, including revegetating koala habitat; and
(b) calls on the New South Wales Government to halt the logging of any koala habitat forest including that in the Bermagui region on the state's south coast. (general business notice of motion no. 331)
Senator Ludlam: To move on the next day of sitting—That the following matter be referred to the Rural and Regional Affairs and Transport Committee for inquiry and report by 18 June 2009:
The investment of Commonwealth and State funds in public passenger transport infrastructure and services, with reference to the August 2005 report of the House of Representatives Standing Committee on Environment and Heritage, Sustainable Cities, and the February 2007 report of the Senate Standing Committee on Rural and Regional Affairs and Transport Committee, Australia's future oil supply and alternative transport fuels, including:
(a) an audit of the state of public passenger transport in Australia;
(b) current and historical levels of public investment in private vehicle and public passenger transport services and infrastructure;
(c) an assessment of the benefits of public passenger transport, including integration with bicycle and pedestrian initiatives;
(d) measures by which the Commonwealth Government could facilitate improvement in public passenger transport services and infrastructure;
(e) options for Commonwealth funding for public passenger transport services and infrastructure;
(f) the role of Commonwealth Government legislation, taxation, subsidies, policies and other mechanisms that either discourage or encourage public passenger transport; and
(g) best practice international examples of public passenger transport services and infrastructure.
Intention to withdraw: The Chairman of the Standing Committee on Regulations and Ordinances (Senator Wortley), pursuant to standing order 78, gave notice of her intention, at the giving of notices on the next day of sitting, to withdraw business of the Senate notices of motion nos 1 to 4 standing in her name for the next day of sitting for the disallowance of the following instruments:
Instrument No. CASA 389/08, made under regulation 208 of the Civil Aviation Regulations 1988.
Instrument No. CASA 390/08, made under regulation 208 of the Civil Aviation Regulations 1988.
Instrument No. CASA 414/08, made under subregulation 38(1) of the Civil Aviation Regulations 1988.
Senator Wortley, by leave, made a statement relating to the notice of intention.