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Tuesday, 28 September 2010
Page: 41

The following notices were given:


Dr Mike Kelly to present a bill for an act to amend various acts relating to fisheries, and for related purposes.


Mr Stephen Smith to present a bill for an act to amend the Defence Act 1903, and for related purposes.


Mr Garrett to present a bill for an act to amend legislation relating to higher education, and for related purposes.


Ms Kate Ellis to present a bill for an act to amend the law relating to family assistance, and for related purposes.


Ms Macklin to present a bill for an act to provide for the recognition of carers, and for related purposes.


Ms Roxon to present a bill for an act to establish the Australian National Preventive Health Agency, and for related purposes.


Ms Roxon to present a bill for an act to amend the National Health Act 1953, and for related purposes.


Ms Roxon to present a bill for an act relating to the National Health and Hospitals Network, and for other purposes.


Mr Garrett to present a bill for an act to amend the Tradex Scheme Act 1999, and for other purposes.


Mr Martin Ferguson to present a bill for an act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes.


Mr Bradbury to present a bill for an act to amend the law relating to corporations, and for related purposes.


Mr Bradbury to present a bill for an act to amend the law relating to claims against corporations, and for related purposes.


Mr Burke to present a bill for an act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes.


Mr Crean to present a bill for an act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes.


Mr Albanese to move:

That standing orders 1, 2, 29, 31, 33, 34, 38, 39, 40, 41, 43, 54, 55, 86, 100, 104, 108, 132, 133, 141, 143, 192, 192b, 215, 222, 229 and 232 be amended, standing orders 41a and 192a be deleted, and new standing order 222a be inserted, as follows:

1 Maximum speaking times (amendments to existing subjects, as follows)

Adjournment of the House or Main Committee—to end the sitting

Whole debate in House on Monday and Tuesday

1 hr

Whole debate in House on Wednesday and Thursday

30 mins

Whole debate in Main Committee

Not

specified

Extended debate (if required by Minister to reply etc)

10 mins

Each Member—no extension of time can be granted

5 mins

Member who has already spoken to the motion may speak again for one period if no other Member rises to speak

5 mins

Minister in extension of debate

5 mins

(standing orders 31 (House) and 191 (Main Committee))

Bills—Main Appropriation—second reading

Mover

no limit

Leader of Opposition or Member representing

no limit

Bills—Other Government—second reading

Mover

30 mins

Leader of Opposition or Member representing

30 mins

Minister at conclusion of debate

15 mins

Bills—Private Members’ (All)—presentation

Presenter

10 mins

(standing order 41)

Bills—Private Members’ (Government)—second reading

Mover

30 mins

Prime Minister or Member representing

30 mins

Leader of Opposition or Member representing

30 mins

Bills—Private Members’ (Non-Government)—second reading

Mover

30 mins

Prime Minister or Member representing

30 mins

Bills—All—second reading

Any other Member not specified above

15 mins or lesser time determined by the

Selection Committee

(standing order 222)

Committee and delegation business on Mondays

Announcements of inquiries

Committee chair or deputy chair

as determined by the Selection Committee

Reports

Each Member

10 mins or lesser time determined by the Selection Committee

(standing orders 39, 40, 41A, 192)

Matter of public importance

Whole discussion

1 hr 30 mins

Proposer

15 mins

Member next speaking

15 mins

Other Members

10 mins each

(standing order 46)

Members’ statements

90 second statements

Whole period on Mondays, Wednesdays and Thursdays

15 mins

Each Member (but not a Minister or Parliamentary Secretary)

90 seconds

(standing order 43)

3 minute constituency statements

Whole period

30 mins

Each Member

3 mins

(standing order 193)

Private Members’ business on Mondays

Whole debate

As determined by the Selection Committee

Each Member

(standing orders 41 and 41A)

Question Time

Each question

45 secs

Each answer

4 mins

(standing order 97)

2 Definitions

Member means any Member of the House of Representatives. Private Member means a Member other than the Speaker or a Minister. Non-aligned Member means a Member who is neither a government Member nor an opposition Member.

29 Set meeting and adjournment times

(a)   The House shall meet each year in accordance with the program of sittings for that year agreed to by the House, unless otherwise ordered and subject to standing order 30.

(b)   When the House is sitting it shall meet and adjourn at the following times, subject to standing orders 30, 31 and 32:

1

2

3

4

day

meeting commences

adjournment proposed

House

adjourns

Monday

10.00 am

9.30 pm

10.30 pm

Tuesday

2.00 pm

9.30 pm

10.30 pm

Wednesday

9.00 am

7:30 pm

8.00 pm

Thursday

9.00 am

4.30 pm

5.00 pm

31 Automatic adjournment of the House

(a)   At the time set for the adjournment to be proposed in standing order 29, column 3 (set meeting and adjournment times) the Speaker shall propose the question— That the House do now adjourn. This question shall be open to debate and no amendment may be moved.

(b)   If this question is before the House at the time set for adjournment in standing order 29, column 4 (set meeting and adjournment times) the Speaker shall interrupt the debate and immediately adjourn the House until the time of its next meeting.

(c)   The following qualifications apply: Division is completed

33 Limit on business after normal time of adjournment

The normal time of adjournment is the latest time specified in standing order 29, column 4 (set meeting and adjournment times). No new business may be taken after the normal time of adjournment unless by order of the House before that time.

34 Order of business

The order of business to be followed by the House is shown in figure 2.

Figure 2. House order of business

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

Acknowledgement of Country

Prayers

Acknowledgement of Country

Prayers

9.00 am

9.00 am

Acknowledgement of Country

Prayers

10.00 am

Petitions ( to 10.10am )

Committee & delegation business and private Members’ business

Divisions and quorums deferred

Government Business

Government Business

12 noon

Government Business

1.45 pm

90 sec statements

Acknowledgement of Country

Prayers

1.45pm

90 sec statements

1.45 pm

90 sec statements

2.00 pm

Question Time

2.00 pm

Question Time

2.00 pm

Question Time

2.00 pm

Question Time

approx

3.30 pm

Documents, Ministerial statements

approx

3.30 pm

MPI, Documents, Ministerial statements

approx

3.30 pm

MPI, Documents, Ministerial statements

approx

3.30 pm

MPI, Documents, Ministerial statements

Government Business

approx

5.00 pm

Government Business

approx

5.00 pm

4.30 pm

Adjournment Debate

5.00 pm

6.30 pm

Divisions and quorums deferred 6.30-7.30pm

6.30 pm

Divisions and quorums deferred 6.30-8.00pm

Government Business

7.30 pm

Committee & delegation reports and private Members’ business

7.30 pm

Adjournment Debate

8.00 pm

8.00 pm

9.30 pm

Adjournment Debate

9.30 pm

Adjournment Debate

10.30 pm

10.30 pm

38 Acknowledgement of country and prayers

On taking the Chair at the beginning of each sitting, the Speaker shall make an acknowledgement of country in the following terms:

I acknowledge the Ngunnawal and Ngambri peoples who are the traditional custodians of the Canberra area and pay respect to the elders, past and present, of all Australia’s Indigenous peoples.

The Speaker shall then read the following prayers:

Almighty God, we humbly beseech Thee to vouchsafe Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of Thy glory, and the true welfare of the people of Australia.

Our Father, which art in Heaven: Hallowed be Thy Name. Thy Kingdom come. Thy will be done in earth, as it is in Heaven. Give us this day our daily bread. And forgive us our trespasses, as we forgive them that trespass against us. And lead us not into temptation; but deliver us from evil: For Thine is the kingdom, and the power, and the glory, for ever and ever. Amen.

39 Announcements concerning inquiries and presentation of reports

(a)   The Chair or Deputy Chair of a committee may make a statement to inform the House of matters relating to an inquiry during the periods for committee and delegation reports on Mondays (standing order 34). The Selection Committee shall recommend time limits for such statements.

(b)   Members may present reports of committees or delegations:

(i)   as determined by the Selection Committee, during the periods for committee and delegation business on Mondays (standing order 34); or

(ii)   at any time when other business is not before the House.

(c)   Members may make statements in relation to these reports:

(i)   during the periods for committee and delegation business on Mondays in the House and Main Committee (standing orders 34 and 192); the Selection Committee shall determine time limits for statements, of not more than 10 minutes for each Member; or

(ii)   at any other time, by leave of the House.

(d)   The Member presenting a report may move without notice, a specific motion in relation to the report. Debate on the question shall be adjourned to a future day.

(e)   If, on Mondays, the Speaker presents a report referred to in this standing order, the following steps are deemed to have occurred in respect of the report — a motion to take note of the report, debate on the motion to be adjourned to a later hour and the order of the day to be referred to the Main Committee for further consideration within any parameters determined by the Selection Committee.

(f)   Unless otherwise ordered, a report presented in accordance with this standing order shall be made a Parliamentary Paper.

40 Resumption of debate on reports

(a)   After presentation of reports on Mondays proceedings may be resumed on motions in relation to committee and delegation reports moved on an earlier day.

(b)   For debate in accordance with paragraph (a) the Selection Committee shall determine:

(i)   the order in which motions are to be considered;

(ii)   time limits for the whole debate; and

(iii)   time limits for each Member speaking, of not more than 10 minutes.

(c)   During the period provided by standing order 192 proceedings may be resumed in the Main Committee on motions in relation to committee and delegation reports referred that day or on an earlier day.

41 Private Members’ business

(a)   In the periods set for committee and delegation reports and private Members’ business under standing orders 34 and 192, private Members’ notices and orders of the day shall be considered in the order shown on the Notice Paper. When the time set by standing orders 34 or 192 or determined by the Selection Committee ends, the Speaker shall interrupt proceedings and the matter shall be listed on the Notice Paper for the next sitting.

Private Members’ bills—priority

(b)   The Selection Committee, in making determinations:

(i)   shall give priority to private Members’ notices of intention to present bills over other notices and orders of the day; and

(ii)   shall set the order in which the bills are to be presented.

First reading

(c)   When each notice is called on by the Clerk, the Member in whose name the notice stands may present the bill, together with an explanatory memorandum (if available), and may speak to the bill for no longer than 10 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting.

(d)   If, on Mondays, the Speaker presents a bill for which notice has been given by a private Member, the first reading of the bill is deemed to stand referred to the Main Committee. When the bill is called on in the Main Committee by the Clerk, the Member sponsoring the bill may present an explanatory memorandum (if available), and may speak to the bill for no longer than 10 minutes. The bill shall be then read a first time and the motion for the second reading shall be set down on the Notice Paper for the next sitting.

Second reading

(e)   The Selection Committee may determine times for debate of the second reading. If the motion for the second reading is agreed to by the House, further consideration of the bill shall be accorded priority over other private Members’ business and the Selection Committee may determine times for consideration of the remaining stages.

Alternation of notices

(f)   Subject to paragraph (b)(i), the Selection Committee shall provide for the consideration of private Members’ notices to alternate between those of government and non-government Members.

Private Members’ motions

(g)   If, on Mondays, the Speaker presents a copy of the terms of a motion for which notice has been given by a private Member, the following steps are deemed to have occurred — the motion is deemed to have been moved and debate on the motion adjourned to a later hour and the order of the day referred to the Main Committee for further consideration in accordance with any parameters determined by the Selection Committee.

Participation of Speaker and Deputy Speaker

(h)   The Speaker and Deputy Speaker may participate in Private Members’ business.

41A TO BE DELETED

43 Members’ statements

At 1.45 pm on Mondays, Wednesdays and Thursdays, the Speaker shall interrupt business and call on statements by Members. The Speaker may call a Member, but not a Minister (or Parliamentary Secretary*), to make a statement for no longer than 90 seconds. The period allowed for these statements shall extend until 2 pm.

* Including Assistant Ministers who are Parliamentary Secretaries

54 Bells at start of meeting of the House

At each sitting the bells shall be rung for five minutes before the appointed meeting time, calling Members to the meeting. The Speaker shall take the Chair and, if a quorum of 30 Members is present, commence the meeting as provided by standing order 38 (acknowledgement of country and prayers). If a quorum is not present standing order 57 (count out) shall apply.

55 Lack of quorum

(a)   When the attention of the Speaker is drawn to the state of the House and the Speaker observes that a quorum is not present, the Speaker shall count the Members present in accordance with standing order 56.

(b)   On Mondays, if any Member draws the attention of the Speaker to the state of the House between 10 am and 12 noon, the Speaker shall announce that he or she will count the House at 12 noon, if the Member then so desires.

(c)   On Mondays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 pm and 7.30 pm, the Speaker shall announce that he or she will count the House at 7.30 pm, if the Member then so desires.

(d)   On Tuesdays, if any Member draws the attention of the Speaker to the state of the House between the hours of 6.30 pm and 8 pm, the Speaker shall announce that he or she will count the House at 8 pm, if the Member then so desires.

(e)   If a quorum is in fact present when a Member draws attention to the state of the House, the Speaker may name the Member in accordance with standing order 94(b) (sanctions against disorderly conduct).

86 Point of order

(a)   Subject to standing order 104, a Member may raise a point of order with the Speaker at any time. After the question of order has been stated to the Speaker by the Member rising to the question of order, consideration and decision of every other question shall be suspended until the matter is disposed of by the Speaker giving a ruling thereon.

(b)   A Member interrupted by a point of order must resume his or her seat.

(c)   During a division, Members may speak while seated to a point of order arising out of or during the division.

100 Rules for questions

The following general rules apply to all questions:

(a)   Questions must not be debated.

(b)   A question fully answered must not be asked again.

(c)   For questions regarding persons:

(i)   questions must not reflect on or be critical of the character or conduct of a Member, a Senator, the Queen, the Governor-General, a State Governor, or a member of the judiciary: their conduct may only be challenged on a substantive motion; and

(ii)   questions critical of the character or conduct of other persons must be in writing.

(d)   Questions must not contain:

(i)   statements of facts or names of persons, unless they can be authenticated and are strictly necessary to make the question intelligible;

(ii)   arguments;

(iii)   inferences;

(iv)   imputations;

(v)   insults;

(vi)   ironical expressions; or

(vii)   hypothetical matter.

(e)   Questions must not refer to debates in the current session, or to proceedings of a committee not reported to the House.

(f)   The duration of each question is limited to 45 seconds.

104 Answers

(a)   An answer must be directly relevant to the question.

(b)   A point of order regarding relevance may be taken only once in respect of each answer.

(c)   The duration of each answer is limited to 4 minutes.

108 Order of notices

The Clerk shall enter notices on the Notice Paper in the order in which they are received, and before orders of the day. Standing orders 41 (private Members’ business), 42 (removal of business), 45 (order of government business), 113 (motion not moved) and 222 (Selection Committee) also apply to the order of notices. A notice of motion becomes effective only when it appears on the Notice Paper.

132 New division in case of confusion, error or misadventure

(a)   If confusion, or error concerning the numbers reported by the tellers, occurs and cannot be corrected, the House shall divide again.

(b)   If a division has miscarried through misadventure caused by a Member being accidentally absent or some similar incident, any Member may move on the same sitting day, without notice and without the need for a seconder— That the House divide again.

If this motion is agreed to the question shall be put again and the result of the subsequent division shall be the decision of the House.

133 Deferred divisions on Mondays and Tuesdays

(a)   On Mondays, any division called for between the hours of 10 am and 12 noon shall be deferred until 12 noon.

(b)   On Mondays, any division called for between the hours of 6.30 pm and 7.30 pm shall be deferred until 7.30 pm.

(c)   On Tuesdays, any division called for between the hours of 6.30 pm and 8 pm shall be deferred until 8 pm.

(d)   The Speaker shall put all questions on which a division has been deferred, successively and without amendment or further debate.

(e)   This standing order does not apply to a division called on a motion moved by a Minister on Mondays and Tuesdays, during the periods specified in this standing order.

141 First reading and explanatory memorandum

(a)   Subject to standing order 41(d), when a bill is presented to the House, or a Senate bill is first received, the bill shall be read a first time without a question being put. A Member presenting a bill during private Members’ business may speak to the bill, before it is read a first time, for no longer than 10 minutes.

(b)   For any bill presented by a Minister, except an Appropriation or Supply Bill, the Minister must present a signed explanatory memorandum. The explanatory memorandum must include an explanation of the reasons for the bill.

143 Bill referred to committee

After the first reading but before the resumption of debate on the motion for the second reading:

(a)   a motion may be moved without notice to refer a bill to the Main Committee for further consideration as provided by standing order 183; or

(b)   a determination may be made by the Selection Committee as provided by standing order 222 to refer a bill to a committee for an advisory report. The determination may specify a date by which the committee is to report to the House. After an advisory report has been presented to the House, the bill may then be referred to the Main Committee under paragraph (a).

192 Main Committee’s order of business

The normal order of business of the Main Committee is set out in figure 4.

Figure 4. Main Committee order of business

MONDAY

TUESDAY

WEDNESDAY

THURSDAY

9.30 am

3 min constituency statements

9.30 am

3 min constituency statements

Approx

10.00 am

Government business and/or committee and delegation reports

Approx

10.00 am

Government business and/or committee and delegation reports

10.30 am

3 min constituency statements

approx

11.00 am

Committee & delegation reports and private Members’ business

12.30 pm

Adjournment Debate

Approx

1.00 pm

Approx

1.00 pm

Approx

1.30 pm

4.00 pm

Government business

4.00 pm

3 min constituency statements

4.00 pm

If required

If required

Approx

6.30 pm

Committee & delegation reports and private Members’ business

Approx

7.30 pm

9.00 pm

Grievance debate

10.00 pm.

10.00 pm

The meeting times of the Main Committee are fixed by the Deputy Speaker and are subject to change. Adjournment debates can occur on days other than Thursdays by agreement between the Whips.

192 a TO BE DELETED

192 b Grievance debate

(a)   The order of the day for the grievance debate stands referred to the Main Committee and shall be taken as the final item of business each Monday.

(b)   After the Deputy Speaker proposes the question— That grievances be noted—

any Member may address the Main Committee or move any amendment to the question. When debate is interrupted after one hour or if it concludes earlier, the Deputy Speaker shall adjourn the debate on the motion, and the resumption of the debate shall be made an order of the day for the next sitting.

215 General purpose standing committees

(a)   The following general purpose standing committees shall be appointed:

(i)   Standing Committee on Aboriginal and Torres Strait Islander Affairs;

(ii)   Standing Committee on Agriculture, Resources, Fisheries and Forestry;

(iii)   Standing Committee on Climate Change, Environment and the Arts;

(iv)   Standing Committee on Economics;

(v)   Standing Committee on Education and Employment;

(vi)   Standing Committee on Health and Ageing;

(vii)   Standing Committee on Infrastructure and Communications;

(viii)   Standing Committee on Social Policy and Legal Affairs; and

(ix)   Standing Committee on Regional Australia.

(b)   A committee appointed under paragraph (a) may inquire into and report on any matter referred to it by either the House or a Minister, including any pre-legislation proposal, bill, motion, petition, vote or expenditure, other financial matter, report or document.

(c)   A committee may make any inquiry it wishes to make into annual reports of government departments and authorities and reports of the Auditor-General presented to the House. The following qualifications shall apply to these inquiries:

(i)   Reports shall stand referred to committees under a schedule presented by the Speaker to record the areas of responsibility of each committee.

(ii)   The Speaker shall determine any question about responsibility for a report or part of a report.

(iii)   The period during which an inquiry into an annual report may be started by a committee shall end on the day the next annual report of the department or authority is presented to the House.

(iv)   If a committee intends to inquire into all or part of a report of the Auditor-General, the committee must notify the Joint Committee of Public Accounts and Audit of its intention, in writing.

(d)   Each committee appointed under paragraph (a) shall consist of seven members: four government Members and three non-government Members, provided that if a non-aligned Member is appointed to a committee, such committee shall consist of eight members: four government Members, three non-government Members, and one non-aligned Member. Each committee may supplement its membership by up to four members for a particular inquiry, with a maximum of two extra government and two extra opposition or non-aligned Members. Supplementary members shall have the same participatory rights as other members, but may not vote.

(e)   As an exception to standing order 232 the Chair of the Standing Committee on Regional Australia need not be a government member.

222 Selection Committee

(a)   A Selection Committee shall be appointed to:

(i)   arrange the timetable and order of committee and delegation business and private Members’ business for each sitting Monday in accordance with standing orders 39 to 41;

(ii)   recommend items of private Members business to be voted on;

(iii)   select bills that the committee regards as controversial or as requiring further consultation or debate for referral to the relevant standing or joint committee in accordance with standing order 143. One member of the committee is sufficient to select a bill for referral; and

(iv)   subject to standing order 1, set speaking times for second reading debates.

(b)   The committee shall consist of eleven members: the Speaker, or in the absence of the Speaker the Deputy Speaker, the Chief Government Whip or his or her nominee, the Chief Opposition Whip or his or her nominee, the Third Party Whip or his or her nominee, three government Members, two opposition Members and two non-aligned Members. The Speaker shall be the Chair of the committee. A quorum shall be three members of the committee.

(c)   For committee and delegation business and private Members’ business, the committee may determine the order of consideration of the matters, and the times allotted for debate on each item and for each Member speaking.

(d)   In relation to committee and delegation business and private Members’ business the committee must report its determinations to the House in time for its decisions to be published on the Notice Paper of the sitting Thursday before the Monday being considered. In relation to bills the committee must report its determinations as soon as practical in respect of each bill or each group of bills.

(e)   Reports of the committee under paragraph (d) shall be treated as having been adopted when they are presented. Reports shall be published in Hansard.

222 a House Appropriations and Administration Committee

(a)   A House Appropriations and Administration Committee shall be appointed to:

(i)   consider estimates of the funding required for the operation of the Department of the House of Representatives each year;

(ii)   provide to the Speaker for presentation to the House and transmission to the Minister for Finance and Deregulation, the committee’s estimates of amounts for inclusion in appropriation and supply bills for the Department of the House of Representatives;

(iii)   consider proposals for changes to the administration of the Department of the House of Representatives or variations to services provided by the Department;

(iv)   consider and report to the Speaker on any other matters of finance or services as may be referred to it by the Speaker;

(v)   consider and report to the House on any other matters of finance or services as may be referred to it by the House;

(vi)   make an annual report to the House on its operations;

(vii)   consider the administration and funding of security measures affecting the House and advise the Speaker and the House as appropriate; and

(viii)   consider any proposals for works in the parliamentary precincts that are subject to parliamentary approval and report to the House on them as appropriate.

(b)   When conferring with the Senate Standing Committee on Appropriations and Staffing, the House Appropriations and Administration Committee may:

(i)   consider estimates of the funding required for the operation of the Department of Parliamentary Services each year; and

(ii)   provide to the Speaker for presentation to the House and transmission to the Minister for Finance and Deregulation, estimates of amounts for inclusion in appropriation and supply bills for the Department of Parliamentary Services.

(c)   The committee shall consist of nine members: the Speaker as Chair, four government Members and four non-government/non-aligned Members. A quorum shall be three members of the committee.

(d)   The committee shall be assisted by the Clerk, Serjeant-at-Arms and officers of the Department of the House of Representatives appropriate to any matters under consideration.

229 Appointment of committee members

(a)   Members shall be appointed to or discharged from a committee by motion moved on notice.

(b)   Special arrangements are required for a change in membership when the House is not sitting and is not expected to meet for at least two weeks. The relevant whip must nominate any appointment or discharge of a member of a committee in writing to the Speaker. The change in membership shall take effect from the time the Speaker receives the written nomination. At the next sitting, the Speaker shall report the change to the House and the House shall resolve the membership of the committee.

(c)   If a committee is considering a bill referred under standing order 143, one or more members of the committee may be replaced by other Members by motion moved on notice. This does not affect the power of a general purpose standing committee to supplement its membership under standing order 215(d).

232 Election of committee Chair and deputy Chair

(a)   Before the start of business a committee shall elect a member as its Chair. Except as otherwise provided, the Chair shall be a government member. The Chair shall have a casting vote only.

(b)   A committee shall also elect a deputy Chair who shall act as Chair of the committee whenever the Chair is not present at a meeting. If neither the Chair nor deputy Chair is present at a meeting, the members present shall elect another member to act as Chair at the meeting.


Mr Albanese to move:

That sessional order 142A be adopted for the remainder of the session, as follows:

142a Questions during second reading debate

(a)   At the end of each Member’s speech during the second reading debate of a government bill, the Member may be questioned by other Members in relation to his or her speech.

(b)   The Member is not obliged to take questions, and may indicate this during his or her speech.

(c)   After each speech, questions and answers may continue for up to five minutes. Each question may take up to 30 seconds and each reply may take up to 2 minutes.

(d)   This standing order shall not apply to the Minister’s second reading speech and a Minister’s speech closing the debate or to the speech of the main opposition speaker.


Mr Albanese to move:

That the House adopt the following resolution:

(1)   Within a period of six months from the presentation in the House of a report by a House or Joint Committee, the Government shall present its response to the recommendations contained in the report to the House.

(2)   If a period of six months has elapsed from a report being presented and a response has not been presented, the relevant Minister (or Minister representing the Minister) shall:

(a)   present to the House at the next available opportunity a signed statement stating the reasons for the delay in presentation of the response, and

(b)   make himself or herself available to appear at the next reasonably available opportunity following a request by the relevant committee to answer its questions on that statement.

(3)   If a response has not been presented in the required time and an explanatory statement has not been presented and questions on the statement not answered to the satisfaction of the committee, the committee may bring the matter to the attention, if appropriate, of the Auditor-General for assistance in resolving matters referred to in the report or to the Speaker for assistance in resolving the response process.


Mr Albanese to move:

(1)   That, in accordance with section 54 of theAustralian Crime Commission Act 2002, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Crime Commission shall be as follows:

(a)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any independent Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(b)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(c)   That the committee elect a Government member as its chair.

(d)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(e)   That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(f)   That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(g)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(h)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(i)   That 2 members of a subcommittee include a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(j)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(k)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(l)   That the committee or any subcommittee may conduct proceedings in any place it sees fit.

(m)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(n)   That the committee may report from time to time.

(o)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on the National Crime Authority and the Australian Crime Commission appointed during previous Parliaments.

(p)   That , in carrying out its duties, the committee or any subcommittee, ensure that the operational methods and results of investigations of law enforcement agencies, as far as possible, be protected from disclosure where that would be against the public interest.

(q)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(2)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That, in accordance with section 242 of theAustralian Securities and Investments Commission Act 2001, matters relating to the powers and proceedings of the Parliamentary Joint Committee on Corporations and Financial Services shall be as follows:

(a)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(b)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(c)   That the committee elect a Government member as its chair.

(d)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(e)   That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(f)   That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(g)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(h)   That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(i)   That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(j)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(k)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(l)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(m)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(n)   That the committee may report from time to time.

(o)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Corporations and Financial Services and Corporations and Securities appointed during previous Parliaments.

(p)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(2)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)  

(a)   That a Joint Select Committee on Cyber Safety be appointed to inquire into and report on:                                              

                                                

(i)   the online environment in which Australian children currently engage, including key physical points of access (schools, libraries, internet cafes, homes, mobiles) and stakeholders controlling or able to influence that engagement (governments, parents, teachers, traders, internet service providers, content service providers);

(ii)   the nature, prevalence, implications of and level of risk associated with cyber-safety threats, such as: - abuse of children online (cyber-bullying, cyber-stalking and sexual grooming); - exposure to illegal and inappropriate content; - inappropriate social and health behaviours in an online environment (e.g. technology addiction, online promotion of anorexia, drug usage, underage drinking and smoking); - identity theft; and - breaches of privacy;

(iii)   Australian and international responses to current cyber-safety threats (education, filtering, regulation, enforcement) their effectiveness and costs to stakeholders, including business;

(iv)   opportunities for cooperation across Australian stakeholders and with international stakeholders in dealing with cyber-safety issues;

(v)   examining the need to ensure that the opportunities presented by, and economic benefits of, new technologies are maximised;

(vi)   ways to support schools to change their culture to reduce the incidence and harmful effects of cyber-bullying including by: - increasing awareness of cyber-safety good practice; - encouraging schools to work with the broader school community, especially parents, to develop consistent, whole school approaches; and - analysing best practice approaches to training and professional development programs and resources that are available to enable school staff to effectively respond to cyber-bullying.

(vii)   analysing information on achieving and continuing world’s best practice safeguards; and

(viii)   the merit of establishing an Online Ombudsman to investigate, advocate and act on cyber-safety issues.

(b)   Such other matters relating to cyber-safety referred by the Minister for Broadband, Communications and the Digital Economy or either House.

(2)   That the committee consist of 12 members, 4 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips and 1 by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, and 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(3)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(4)   That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.

(5)   That the committee elect a Government member as its chair.

(6)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(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 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(9)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(10)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(11)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(12)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(13)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(14)   That the committee or any subcommittee have the power to consider and make use of the evidence and records of the former Joint Select Committee on Cyber-Safety appointed during the previous parliament.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time but that it present its final report no later than 30 April 2012.

(18)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(19)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That a Joint Standing Committee on Electoral Matters be appointed to inquire into and report on such matters relating to electoral laws and practices and their administration as may be referred to it by either House of the Parliament or a Minister.

(2)   That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:

(a)   any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and

(b)   the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.

(3)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(4)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(5)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(6)   That the committee elect a Government member as its chair.

(7)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(8)   That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(9)   That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(10)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(11)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(12)   That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time.

(18)   That the committee or any subcommittee have power to consider and make use of:

(a)   submissions lodged with the Clerk of the Senate in response to public advertisements placed in accordance with the resolution of the Senate of 26 November 1981 relating to a proposed Joint Select Committee on the Electoral System; and

(b)   the evidence and records of the Joint Committees on Electoral Reform and Electoral Matters appointed during previous Parliaments.

(19)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(20)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)  

(a)   That a Joint Standing Committee on Foreign Affairs, Defence and Trade be appointed to inquire into and report on such matters relating to foreign affairs, defence and trade as may be referred to it by:

(b)   That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:

(i)   any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and

(ii)   the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.

(2)   That the committee consist of 34 members, 13 Members of the House of Representatives to be nominated by the Government Whip or Whips, 9 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 5 Senators to be nominated by the Leader of the Government in the Senate, 5 Senators to be nominated by the Leader of the Opposition in the Senate and 2 Senators to be nominated by any minority group or groups or independent Senator or independent Senators.

(3)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(4)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(5)   That the committee elect a Government member as its chair.

(6)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(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 6 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(9)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(10)   That, in addition to the members appointed pursuant to paragraph (9), the chair and deputy chair of the committee be ex officio members of each subcommittee appointed.

(11)   That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(12)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time.

(18)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Foreign Affairs and Defence and Foreign Affairs, Defence and Trade appointed during previous Parliaments.

(19)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(20)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That a Joint Select Committee on Gambling Reform be appointed to:

(a)   Inquire into and report on:

(i)   The Productivity Commission report on gambling, released in June 2010, including a national response to the full set of its recommendations;

(ii)   The design and implementation of a best practice full pre-commitment scheme - that is uniform across all States and Territories and machines—consistent with the recommendations and findings of the Productivity Commission;

(iii)   Legal advice commissioned and received by the Commonwealth by 1 February 2011 regarding the Commonwealth’s constitutional competence and prospects for successfully legislating in this area, including the reasoning supporting the legal advice and financial and other consequences flowing from it;

(iv)   Any gambling-related legislation that has been tabled in either House, either as a first reading or exposure draft;

(v)   Appropriate terms of reference, to be set by no later than 30 June 2013, of a further Productivity Commission Inquiry to examine the impact of pre-commitment schemes on problem gambling and to determine what further harm minimisation measures may be necessary;

(vi)   Monitoring the impact of reforms to address problem gambling; and

(vii)   Such other matters relating to gambling referred by either House.

(b)   Make recommendations to the Minister for Families, Housing, Community Services and Indigenous Affairs and the Assistant Treasurer, to inform any position that the Commonwealth will take to the COAG Select Council on Gambling Reform.

(2)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips, and one non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, one Senator to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(3)   That participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee.

(4)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(5)   That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.

(6)   That the committee elect a non-aligned member as its chair.

(7)   That the committee elect a member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(8)   That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(9)   That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(10)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(11)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(12)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time but that it present its final report no later than 30 June 2013.

(18)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(19)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That, in accordance with sections 213 and 214 of theLaw Enforcement Integrity Commissioner Act 2006, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity shall be as follows:

(a)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(b)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(c)   That the committee elect a Government member as its chair.

(d)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(e)   That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(f)   That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(g)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(h)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(i)   That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(j)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(k)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(l)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(m)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(n)   That the committee may report from time to time.

(o)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on the Australian Commission for Law Enforcement Integrity appointed during previous Parliaments.

(p)   That, in carrying out its duties, the committee or any subcommittee ensure that the operational methods and results of investigations of law enforcement agencies, as far as possible, be protected from disclosure where that would be against the public interest.

(q)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(2)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That a Joint Standing Committee on the Parliamentary Library be appointed to:

(a)   consider and report to the President of the Senate and the Speaker of the House of Representatives on any matters relating to the Parliamentary Library referred to it by the President or the Speaker;

(b)   provide advice to the President and the Speaker on matters relating to the Parliamentary Library;

(c)   provide advice to the President and the Speaker on an annual resource agreement between the Parliamentary Librarian and the Secretary of the Department of Parliamentary Services; and

(d)   receive advice and reports, including an annual report, directly from the Parliamentary Librarian on matters relating to the Parliamentary Library.

(2)   That the Committee consist of 13 members, 4 Members of the House of Representatives nominated by the Government whip or whips, 3 Members of the House of Representatives nominated by the Opposition whip or whips or by any non-aligned Member, 3 Senators nominated by the Leader of the Government in the Senate, 2 Senators nominated by the Leader of the Opposition in the Senate and 1 Senator nominated by minority groups or independent Senators.

(3)   That every nomination of a member of the committee be notified in writing to the President and the Speaker.

(4)   That the nomination by the minority groups and independent Senators shall be determined by agreement between them, and, in the absence of agreement duly notified to the President, any question of the representation on the committee shall be determined by the Senate.

(5)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(6)   That the committee shall elect 2 of its members to be joint chairs, 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the government parties and 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the non-government parties, provided that the joint chairs may not be members of the same House. The joint chair nominated by the government parties shall chair meetings of the committee, and the joint chair nominated by the non-government parties shall take the chair whenever the other joint chair is not present.

(7)   That each of the joint chairs shall have a deliberative vote only, regardless of who is chairing the meeting.

(8)   That when votes on a question before the committee are equally divided, the question shall be resolved in the negative.

(9)   That three members of the committee shall constitute a quorum of the committee, but in a deliberative meeting a quorum shall include 1 member of each House of the government parties and 1 member of either House of the non-government parties.

(10)   That the committee may appoint subcommittees, consisting of 3 or more of its members, and refer to any such subcommittee any of the matters which the committee is empowered to consider.

(11)   That the quorum of a subcommittee shall be 2 members.

(12)   That the committee shall appoint the chair of each subcommittee, who shall have a deliberative vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee, but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee and any subcommittee shall have power to meet in private or public session and to report from time to time.

(15)   That the President and the Speaker may attend any meeting of the committee or a subcommittee as they see fit, but shall not be members of the committee or subcommittee and may not vote, move any motion or be counted for the purpose of a quorum.

(16)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committee on the Parliamentary Library appointed during previous Parliaments.

(17)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(18)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)  

(a)   That a Joint Standing Committee on Migration be appointed to inquire into and report on:

(b)   That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:

(i)   any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and

(ii)   the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.

(2)   That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 3 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 1 Senator to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(3)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(4)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(5)   That the committee elect a Government member as its chair.

(6)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(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 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(9)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(10)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(11)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(12)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(13)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(14)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(15)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(16)   That the committee may report from time to time.

(17)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Migration Regulations and the Joint Standing Committees on Migration appointed during previous Parliaments.

(18)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(19)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That a Joint Standing Committee on the National Capital and External Territories be appointed to inquire into and report on:

(a)   matters coming within the terms of section 5 of theParliament Act 1974as may be referred to it by:

(i)   either House of the Parliament; or

(ii)   the Minister responsible for administering theParliament Act 1974; or

(iii)   the President of the Senate and the Speaker of the House of Representatives;

(b)   such other matters relating to the parliamentary zone as may be referred to it by the President of the Senate and the Speaker of the House of Representatives;

(c)   such amendments to the National Capital Plan as are referred to it by a Minister responsible for administering theAustralian Capital Territory (Planning and Land Management) Act 1988;

(d)   such other matters relating to the National Capital as may be referred to it by:

(i)   either House of the Parliament; or

(ii)   the Minister responsible for administering theAustralian Capital Territory (Self-Government) Act 1988; and

(e)   such matters relating to Australia's territories as may be referred to it by:

(i)   either House of the Parliament; or

(ii)   the Minister responsible for the administration of the Territory of Cocos (Keeling) Islands; the Territory of Christmas Island; the Coral Sea Islands Territory; the Territory of Ashmore and Cartier Islands; the Australian Antarctic Territory, and the Territory of Heard Island and McDonald Islands, and of Commonwealth responsibilities on Norfolk Island.

(2)   That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:

(a)   any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and

(b)   the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.

(3)   That the committee consist of 12 members, the Deputy Speaker, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, the Deputy President and Chairman of Committees, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(4)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(5)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(6)   That the committee elect a Government member as its chair.

(7)   That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(8)   That, in the event of an equally divided vote, the chair or the deputy chair when acting as chair, have a casting vote.

(9)   That 3 members of the committee (of whom one is the Deputy President or the Deputy Speaker when matters affecting the parliamentary zone are under consideration) constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(10)   That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(11)   That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(12)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time.

(18)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Standing Committees on the National Capital and External Territories, the Joint Committees on the Australian Capital Territory, the Joint Standing Committees on the New Parliament House, the Joint Standing Committee on the Parliamentary Zone and the Joint Committee on the National Capital appointed during previous Parliaments and of the House of Representatives and Senate Standing Committees on Transport, Communications and Infrastructure when sitting as a joint committee on matters relating to the Australian Capital Territory.

(19)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(20)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Albanese to move:

(1)   That a Joint Standing Committee on Treaties be appointed to inquire into and report on:

(a)   matters arising from treaties and related National Interest Analyses and proposed treaty actions and related Explanatory Statements presented or deemed to be presented to the Parliament;

(b)   any question relating to a treaty or other international instrument, whether or not negotiated to completion, referred to the committee by:

(i)   either House of the Parliament, or

(ii)   a Minister; and

(c)   such other matters as may be referred to the committee by the Minister for Foreign Affairs and on such conditions as the Minister may prescribe.

(2)   That the committee consist of 16 members, 6 Members of the House of Representatives to be nominated by the Government Whip or Whips, 3 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 3 Senators to be nominated by the Leader of the Government in the Senate, 3 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.

(3)   That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.

(4)   That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.

(5)   That the committee elect a Government member as its chair.

(6)   That the committee elect a non-Government member as its deputy chair to act as chair of the committee at any time when the chair is not present at a meeting of the committee and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.

(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 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(9)   That the committee have power to appoint not more than 3 subcommittees each consisting of 3 or more of its members, and to refer to any subcommittee any matter which the committee is empowered to examine.

(10)   That, in addition to the members appointed pursuant to paragraph (9), the chair and deputy chair of the committee be ex officio members of each subcommittee appointed.

(11)   That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.

(12)   That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.

(13)   That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.

(14)   That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.

(15)   That the committee or any subcommittee may conduct proceedings at any place it sees fit.

(16)   That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.

(17)   That the committee may report from time to time.

(18)   That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Standing Committees on Treaties appointed during previous Parliaments.

(19)   That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.

(20)   That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.


Mr Wilkie to present a bill for an act to amend the Evidence Act 1995, and for related purposes.


Mr Bruce Scott to move:

That this House calls for:

(1)   an inquiry into the role of Australia’s medical and surgical colleges in the registration process of medical graduates and overseas trained doctors; and

(2)   the Minister for Immigration and Citizenship to delay the revocation of 457 visas for those doctors who have been deregistered due to failure of the Pre Employment Structured Clinical Interview, to allow adequate time for a review of their case and reassessment of their competency.


Ms Parke to move:

That this House:

(1)   notes that:

(a)   on 6 September 2010 the ABC’sFour Cornersprogram screened a story entitled ‘Body Corporate’, highlighting growing community and scientific concern regarding gene patents;

(b)   in particular,Four Cornersdiscussed the case of five year old Liam who needed to have a genetic test to see if he had gene mutations to the SCN1A human gene linked to a specific form of epilepsy called Dravet Syndrome;

(c)   Bionomics, a South Australian company which had received a specific grant of around $1 000 000 fromAusIndustryto develop a SCN1A gene test:

(i)   took out an Australian patent over the SCN1A human gene; and

(ii)   subsequently exclusively licensed the patent toGenetic Technologies, a Melbourne company that charges $2000 for the SCN1A gene test in Australia;

(d)   Liam was being treated at the Westmead Hospital—a publicly funded institution that is part of NSW Health—which could not afford to payGenetic Technologies$2000 for each SCN1A gene test;

(e)   Liam’s doctors sent a sample of his DNA to be tested in Scotland where the charge was just one third of the price charged byGenetic Technologies;

(f)   the option to send the DNA sample overseas for testing not only took more time, leaving the young boy and his family waiting in distress, but highlights how Australian taxpayers providing research funds to (i) Australian universities to identify the SCN1A genetic mutations; and (ii) an Australian company to develop a genetic test, have been deprived of the benefits of that very research;

(2)   notes that:

(a)   in July 2008,Genetic Technologies,as the exclusive licensee ofMyriad Genetics, a United States company granted Australian patents over the BRCA 1 and 2 gene mutations linked to breast and ovarian cancers, demanded via a lawyer’s letter sent to all Australian hospitals and clinical laboratories (including the Peter MacCallum Cancer Centre) that they stop all testing for breast cancer, claiming such testing infringedMyriad Genetics’ Australian BRCA patents;

(b)   in 2009 in the United States, eleven plaintiffs, including Lisbeth Ceriani, a 43 year old single mother diagnosed with breast cancer, and professional medical and clinical associations such as theAmerican Society for Clinical Pathology, launched a legal challenge to seven ofMyriad Genetics’ United States BRCA patents, where:

(i)   Ms Ceriani found that she was unable to get a second opinion on a positive genetic test for ovarian cancer because in the United States there is only one test, owned by only one company,Myriad Genetics, which charges over US$3000 per test;

(ii)   in March 2010 a United States Federal Court agreed with the plaintiffs and declared all seven United States patents invalid on the ground that under United States patent law, patents can only be granted over inventions, not for the discovery of natural phenomena; and

(iii)   the Court so held because, first, despite being removed from the human body and thus ‘isolated’, the BRCA genes were ‘not markedly different from native DNA as it exists in nature’ and second, the analysis of these two human genes by way of a genetic test was ‘merely data-gathering to obtain clinical data’;

(3)   notes that:

(a)   at the official commemoration of the decoding of the human genome in March 2000, United States President Bill Clinton and British Prime Minister Tony Blair said that ‘raw fundamental data on the human genome, including the human DNA sequence and its variations, should be made freely available to scientists everywhere’, yet by 2005, according to a survey published inScience, more than 20 per cent (probably now much higher) of the human genome was the subject of Untied States intellectual property;

(b)   President Clinton and Prime Minister Blair also said that ‘unencumbered access to this information will promote discoveries that will reduce the burden of disease, improve health around the world, and enhance the quality of life of all humankind.’;

(c)   unencumbered access to genetic information cannot be achieved when patents over human genes are being used to suppress competition, innovation, research and testing;

(d)   Professor Ian Frazer, the inventor of the cervical cancer vaccine, has joined other cancer researchers in calling for a revision of Australian patent law, stating that researchers need to be able to proceed with their work without having to consult the companies whose patents the work might infringe: ‘restricting the research use of a gene sequence could delay the development and testing of truly inventive and practical uses of the gene and its protein product for diagnosis and therapy.’; and

(e)   other groups opposed to the granting of gene patents include theCancer Council Australia, theBreast Cancer Foundation of Australia, theRoyal Australian College of Pathologists, theHuman Genetics Society of Australiaand theAustralian Medical Association; and

(4)   calls for amendment of thePatents Act 1990to ensure that patents cannot be granted over any biological materials which are identical or substantially identical to what exists in nature.


Ms Saffin to move:

That this House:

(1)   notes with grave concern:

(a)   Telstra’s stated proposal to close its Business Call Centre in Grafton, with the loss of 108 local jobs, and the relocation of some of these jobs to Brisbane and Melbourne;

(b)   the damaging flow on effect to a regional economy from such significant job cuts;

(c)   the perception that Telstra is abandoning regional Australia; and

(d)   Telstra’s claim that it can improve customer service while carrying out a program of job cuts;

(2)   acknowledges the Clarence Valley community’s strong support for the campaign to save local Telstra jobs evidenced by the actions of Mayor Richie Williamson, the Grafton Chamber of Commerce and the 5559 people who signed my petition calling for Telstra to keep the Call Centre open, and not abandon regional Australia; and

(3)   calls upon Telstra’s Chief Executive Officer David Thodey to stop the closure of the Grafton Call Centre to demonstrate a commitment by Telstra to Regional Australia.


Mr Morrison to move:

That this House:

(1)   notes that:

(a)   the Convention Relating to the Status of Refugees (Refugees Convention) states that ‘contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin’;

(b)   the Government suspendedtheprocessingofasylum seeker applications from Afghanistanon9 April 2010; and

(c)   there are more than 5000 persons currently being detained by the Department of Immigration and Citizenship on the mainland and Christmas Island; and     

(2)   calls for the:

(a)   immediate lifting of the discriminatory suspension of processing of claims by Afghan asylum seekers; and

(b)   immediate processing of asylum claims of all Afghans held in detention; and in the country of origin.