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General business

 

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

 

Notices of « Motion »

Notice given 13 November 2018

  1200   Senator Brown : To move—That the SenateĀ­—

                          (a)      notes that:

                                                (i)      serious allegations have been raised concerning governance and contractual processes in Tourism Australia between 2004 and 2008, including in the findings of the Auditor-General and through the review ordered by the Department of the Prime Minister and Cabinet,

                                               (ii)      these findings included:

                                                                  (A)       concerns raised by the former Minister for Tourism about the process for shortlisting tender submissions and that “documentation to support the original assessment was also not comprehensive and, as a consequence, the selection of these service providers lacked transparency”,

                                                                  (B)       that “media placement and creative development contracts did not include performance information that would enable Tourism Australia to evaluate the effectiveness of the services provided even though, as part of a review of the draft contracts, this was recommended”,

                                                                  (C)       “a procurement plan that included an assessment of the risks associated with the procurement and an evaluation methodology was not developed for the creative development and media placement services”, which contributed to shortcomings, including lack of transparency in evaluating tenders and not comprehensively addressing all service requirements (criteria that would be assessed and any related sub criteria) and insufficient consideration of tenderers’ financial viability, and

                                                                  (D)       that no probity “adviser was engaged for the creative development and media placement procurements until concerns were raised by [the Department of the Prime Minister and Cabinet]” and work commenced before contracts were executed; and

                                             (iii)      during question time on 12 November and 13 November 2018, the Minister representing the Prime Minister, Senator Cormann, took on notice or failed to answer questions relating to:

                                                                  (A)       the Auditor-General Audit Report No. 2 2008-09, performance audit into Tourism Australia during Prime Minister Morrison’s term as its managing director between 2004 and 2006, which “shows numerous anomalies and concerns over contracts worth $184 million”,

                                                                  (B)       why Tourism Australia faced “a series of audits and a review of its contractual processes ordered by the Department of the Prime Minister and Cabinet, amid serious concerns about its governance” in the period leading up to Prime Minister Morrison’s dismissal as managing director, and

                                                                  (C)       why Prime Minister Morrison was sacked only a year and half into his contract as managing director of Tourism Australia by a unanimous decision of the Board, without any dissent whatsoever; and

                          (b)      orders that:

                                                (i)      the Minister representing the Prime Minister be required to attend the Senate on the next day of sitting, prior to government business being called on, to make a statement responding to the matters raised in the AuditorĀ­ General Audit Report No. 2 2008-09, performance audit into Tourism Australia, relating to allegations concerning governance and contractual processes in Tourism Australia between 2004 and 2008,

                                               (ii)      at the conclusion of the statement, any senator may move a « motion » to take note of the minister’s statement,

                                             (iii)      any such « motion » may be debated for no longer than one hour and shall have precedence over all government business until determined, and

                                             (iv)      a senator may speak to the « motion » for no more ten minutes.

Notice of « motion » altered on 14 November 2018 pursuant to standing order 77.

Notice given 14 November 2018

  1206   Senator Dean Smith : To move—That the Senate notes that—

                          (a)      3 November 2018 was the 65th anniversary of the Western Australian (WA) State flag, as it appears today;

                          (b)      the original design of the State flag, which had the black swan facing the observer’s right, was adopted in 1870;

                           (c)      apart from the design change made in 1953, the WA State flag is the oldest state flag; and

                          (d)      the WA State flag continues to be a strong and enduring symbol for all Western Australians.

  1207   Senator Anning : To move—That the following bill be introduced: A Bill for an Act to provide for a plebiscite at the next general election in relation to migration to Australia, and for related purposes. Plebiscite (Allowing Australians to Decide Who Comes Here) Bill 2018 .

  1208   Senators Rice and Pratt: To move—That the Senate—

                          (a)      notes that:

                                                (i)      15 November 2018 marks the one year anniversary of the announcement of the resounding ‘yes’ vote in the marriage laws postal survey,

                                               (ii)      this resounding ‘yes’ vote is something to be celebrated, as is the passing of marriage equality in Australia,

                                             (iii)      the postal survey in itself is not to be celebrated, as it was opposed by the majority of LGBTIQ+ Australians and caused a lot of harm to LGBTIQ+ Australians and their families,

                                             (iv)      the historic ‘yes’ vote and the passing of marriage equality was the result of decades of tireless campaigning by brave community leaders and activists, and

                                              (v)      marriage equality is not the end of the fight for equality for LGBTIQ+ Australians and their families, many of whom still face discrimination in their daily lives; and

                          (b)      calls on all parliamentarians to continue to work to end discrimination against LGBTIQ+ Australians and their families in all areas of their lives.

  1209   Senator O’Sullivan : To move—That the Senate—

                          (a)      notes that:

                                                (i)      multiple Australian Islamic terrorists, including the Bourke Street terrorist, ISIS suicide bombers and would-be domestic terrorists, have links to the Hume Islamic Youth Centre,

                                               (ii)      ABC’s 4 Corners journalist and executive producer, Ms Sally Neighbour, writing for The Australian in 2006, stated that Hume Islamic Youth Centre Emir Mohammed Omran is a leader of “...the fundamentalist Ahlus Sunnah Wal Jamaah Association - now regarded as the most radical Islamic group in Australia”,

                                             (iii)      in the 2006 article, which reported on a meeting between Sheik Mohammed Omran and Abu Bakar Bashir, head of the terrorist group Jemaah Islamiah, which was responsible for the 2002 Bali bombings, Ms Neighbour describes Sheik Omran as “...well-connected in international Salafist circles. A Jordanian-born migrant to Australia, his friends included the British-based al-Qa’ida luminary Abu Qatada, whom Omran hosted in Australia in 1994. Interviews with Osama bin Laden and Abu Qatada were among the items featured in the online magazine Nida’ul Islam (Call to Islam), published by Omran’s acolytes in the Islamic Youth Movement and read widely in Australia”,

                                             (iv)      despite repeated cases of radicalised lslamists attending the Hume Islamic Youth Centre, Sheik Omran this week criticised calls for imams to increase actions to combat extremism - with counterclaims that his greatest power was only to call Triple O when confronted with a threat - and instead accused Australia’s police and security agencies of complacency over the movements of the Bourke Street Islamic terrorist, and

                                              (v)      Sheik Omran, who is regarded as arguably Australia’s most senior Salafist cleric, would face significant punishment and hardship if he was to make comparable criticism of Jordanian security agencies, where it is a criminal offence to criticise the king and government officials; and

                          (b)      calls on the Senate to:

                                                (i)      condemn radical Islam, whether in speech or deed,

                                               (ii)      call on the Islamic community in Australia to continue to condemn radical Islam in speech and deed, and reaffirm its commitment to working alongside Australian security agencies to address radicalisation in all its forms, and

                                             (iii)      call on Sheik Mohammed Omran to publically retract his criticism of police and intelligence services and denounce all radical Islamic speech and jihadism.

  1210   Leader of Derryn Hinch’s Justice Party ( Senator Hinch ): To move—That the Senate—

                          (a)      notes that:

                                                (i)      Australia’s fire and emergency (F&E) personnel have a long and proud record of serving overseas, assisting local efforts during times of need,

                                               (ii)      this service has included 17 deployments over the course of 20 years - most recently, a contingent of 140 service men and women who fought deadly fires in California in September this year,

                                             (iii)      currently, within Australia’s honours system, there are specific honours for police, military personnel and humanitarian groups that provide emergency assistance overseas, but not one specifically designated for F&E personnel,

                                             (iv)      this has had the effect of forcing F&E personnel to apply for recognition for their service under the Humanitarian Overseas Service Medal (HOSM) - an honour intended for humanitarian groups, and

                                              (v)      F&E personnel are entitled to have their service recognised with a medal struck especially for them; and

                          (b)      calls on the Federal Government to create a new Fire and Emergency Service Overseas Medal to recognise F&E personnel who serve overseas during times of crisis.

  1211   Senator Anning : To move—

(1)         That a select committee, to be known as the Select Committee on Misconduct by Bank Agents and Associates, be established to inquire into and report upon:

(a)         the actions of lawyers, receivers, liquidators, valuers, police, real estate agents, stock squad, trustees, and anyone else involved with banks and their dealings with bank customers;

(b)         legal and regulatory frameworks that may allow impropriety by bank agents and their associates;

(c)         the redress options available to bank customers;

(d)         possible regulatory reforms to discourage misconduct by bank agents and associates; and

(e)         any related matters.

(2)         That the committee present its final report on or before the second sitting day in March 2019.

(3)         That the committee consist of six senators: two nominated by the Leader of the Government in the Senate, two nominated by the Leader of the Opposition in the Senate, one nominated by minority groups and Senator Anning.

(4)         That:

(a)         participating members may be appointed to the committee on the nomination of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate 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.

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

(6)         That Senator Anning be appointed as chair of the committee, and the committee elect a member as deputy chair.

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

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

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

(10)     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.

(11)     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.

(12)     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 of the Senate.

(13)     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.

  1212   Senators Bernardi and O’Sullivan: To move—That the Senate—

                          (a)      notes that:

                                                (i)      New South Wales (NSW) Greens MP, Ms Jenny Leong, used parliamentary privilege to call on fellow NSW Greens MP, Mr Jeremy Buckingham, to step down as a candidate at the NSW election due to an alleged ‘act of sexual violence’ and aggressive, intimidating behaviour,

                                               (ii)      Mr Buckingham has been the subject of allegations that he inappropriately touched former staffer Ms Ella Buckland in 2011,

                                             (iii)      former Greens staffer and journalist, Ms Lauren Ingram, alleges she was violently raped by a Greens party volunteer in 2015, which she says she reported to the Greens and heard nothing for months, so she tweeted pictures of her bruising from the incident, drawing a response from the Party in June 2017,

                                             (iv)      former co-convenor of the NSW Young Greens in 2017, Ms Holly Brooke, says a male party member indecently assaulted her, trying to force his hand down her pants and alleges the Greens’ response was to suggest she teach a consent workshop to the perpetrator, a response she said was ‘more traumatic than the instance itself’,

                                              (v)      it has also been alleged that former Victorian Greens party leader, Mr Greg Barber, had a ‘men’s-only room’ in his office, and settled out of court with a former female staffer about sex discrimination and bullying,

                                             (vi)      Victorian Greens candidate, Mr Angus McAlpine, has refused to resign despite rapping about date-rape and domestic violence, and has been defended by Victorian Greens leader, Ms Samantha Ratnam,



 

                                           (vii)      another Victorian Greens candidate, Mr Dominic Phillips, has liked one Facebook page called ‘Period Pains, Try waiting for your porn to download’ and another with a title so inappropriate it has been deemed unparliamentary,

                                          (viii)      a former Greens volunteer alleges she was sexually assaulted by another volunteer in the back of a car in Canberra on the night of the last Federal election,

                                             (ix)      Young Greens members wrote an open letter to their party in August demanding it reshape its culture around sexism within the party, with dozens resigning in disgust over handling of sexual misconduct allegations,

                                              (x)      lawyer, Mr Rory Markham, says he is advising a number of women who say the Greens party mishandled their complaints of sexual assault and harassment arising in Victoria, New South Wales and the Australian Capital Territory,

                                             (xi)      the Greens have 10 federal members of parliament, federal party status, 27 state members of parliament, the attendant staffing resources, and have received at least $28.5 million in federal election-based public funding since 2001, and millions more in state and territory election-based public funding, and

                                           (xii)      Greens Senators Di Natale, Siewert and Hanson-Young have all used the phrase “the standard you walk past is the standard you accept”;

                          (b)      calls upon Senators Di Natale, Siewert, « Steele » - « John » , Hanson-Young, Rice, Waters, Faruqi, Whish-Wilson and McKim to make statements to the Senate condemning predatory and criminal behaviour within the Greens party, and apologise to the victims; and

                           (c)      calls upon the Federal Government to write to all Greens Party branches providing details of support services, and advice as to the means to report inappropriate and potentially criminal behaviour.

  1213   Senators Williams and O’Sullivan: To move—That the Senate notes that—

                          (a)      throughout the world, 2440 coal-fired power stations with a capacity of at least 30 megawatts continue to provide a reliable source of energy;

                          (b)      a further 270 coal-fired power stations of similar capacity are under construction;

                           (c)      in its latest World Energy Outlook, the International Energy Agency (the Agency) estimates the growth in demand for coal in the Asia Pacific will increase by 492 million tonnes of coal equivalent by 2040;

                          (d)      the Agency has forecast Australia’s net exports of coal would grow by around 20% to around 430 million tonnes of coal equivalent by 2040;

                           (e)      the Agency notes that, in Australia, in order to expand export volumes in the future, new basins and new transport infrastructure would need to be developed, including railway connections between new mines in the Galilee Basin in Queensland, such as Adani’s Carmichael mine, and export ports; and

                           (f)      the production and export of Australian high quality coal is good for jobs in regional Australia and the broader economy.

  1214   Leader of the Australian Greens ( Senator Di Natale ): To move—That the Senate—

                          (a)      notes that:

                                                (i)      the sharpest ever drop recorded in Australia’s greenhouse pollution occurred during the two-year period of the carbon pricing mechanism, and

                                               (ii)      during the carbon price, inflation was contained, the economy grew by 4.7% as emissions dropped by 8.2%, compared to the two-year period before the carbon price; and

                          (b)      supports the widely held position of economists, industry and environment groups that an economy-wide carbon price is the lowest cost, most effective way to reduce pollution and encourage investment in the industries of the future.

  1215   Leader of the Australian Greens ( Senator Di Natale ): To move—That the Senate—

                          (a)      affirms that the best way to support our Pacific neighbours is through genuine aid and development funding and meaningful action on climate change;

                          (b)      notes with deep concern that our aid budget is at the lowest levels it has ever been as a proportion of Gross National Income (GNI);

                           (c)      is further concerned that both the Liberal and Labor parties have joined the debt-trap diplomacy bandwagon, and that Overseas Development Assistance loans often do not support good development outcomes and are at odds with Australia’s aid policy; and

                          (d)      as Prime Minister Morrison prepares to attend the APEC Leaders’ Summit in Port Moresby on 17 November and 18 November 2018, calls on the Government to unequivocally support Australia’s grant-based aid program and commit to reaching an aid budget of 0.7% of GNI by 2030, as per our international commitments.

  1216   Senator Kitching : To move—That the Senate—

                          (a)      notes:

                                                (i)      media reports that Greens candidate for Footscray in the Victorian state election, Mr Angus McAlpine, made racist, sexist and homophobic slurs, boasted about committing acts of domestic violence and trivialised sexual assault, and

                                               (ii)      Mr McAlpine has used this racist, sexist and violently misogynist language as recently as this year; and

                          (b)      calls on Ms Samantha Ratnam and the Victorian Greens to show some leadership and immediately disendorse Mr McAlpine as a Greens candidate.

  1217   Senator Dean Smith : To move—That the Senate notes that—

                          (a)      15 November 2018 marks 12 months since the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 was introduced into the Senate;

                          (b)      the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 passed the Senate on 29 November 2017, and the House of Representatives on 7 December 2017; and

                           (c)      the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 received royal assent on 8 December 2017.

  1218   Senator Dean Smith : To move—That the Senate—

                          (a)      condemns the shocking attack on worshippers at the Tree of Life Synagogue in Pittsburgh, Pennsylvania on 27 October 2018;

                          (b)      extends its sympathies to the families of those killed and injured and to the Jewish community in the United States, Australia and throughout the world; and

                           (c)      praises the actions of the first responders who put duty before their own safety.

  1219   Senator Waters : To move—That the following bill be introduced: A Bill for an Act to establish the National Integrity Commission, and for related purposes. National Integrity Commission Bill 2018 .

  1220   Senator Waters : To move—That the Senate—

                          (a)      notes:

                                                (i)      that Defence Force personnel and veterans put their lives and wellbeing at risk in service of our country,

                                               (ii)      the personal toll that Defence Force individuals and their families bear to support a military career, including often and regularly moving between cities and states, and

                                             (iii)      that the rates of suicide, mental ill-health and unemployment amongst Defence Force veterans are higher than the general population; and

                          (b)      calls on the Federal Government to reconsider the decision to spend an additional $500 million on the Australian War Memorial, and to instead redirect this funding towards support services for Defence Force volunteers and veterans.

  1221   Senator Hanson-Young : To move—That the Senate—

                          (a)      notes the Flinders University research published in Nature’s Scientific Reports , which shows that ‘climate change and human activity are dooming species at an unprecedented rate via a plethora of direct and indirect, often synergic, mechanisms’;

                          (b)      notes that climate change is, without a doubt, the biggest threat to life on our planet; and

                           (c)      calls on the Federal Government to develop and implement a serious climate and energy policy, with a plan to reduce carbon pollution and overhaul our environmental laws to protect life on earth.

  1222   Senator Storer : To move—That the Senate—

                          (a)      notes that:

                                                (i)      Australia in blessed with world-class renewable energy and energy storage resources,

                                               (ii)      the price of renewable energy continues to decline, setting new records year on year,

                                             (iii)      utility-scale wind and solar farms are the cheapest form of new-build electricity generation in Australia today,

                                             (iv)      Australia has the highest penetration of rooftop solar in the world, with close to two million households having installed solar systems to help them to reduce their power bills, and

                                              (v)      South Australia’s Honesdale Power Reserve, the world’s biggest grid connected lithium-ion battery, is showing how new technology can put downward pressure on electricity prices and allow for the successful integration of high levels of wind and solar energy; and

                          (b)      agrees that renewable energy, coupled with energy storage technologies, can provide “fair dinkum power” that is cheap, reliable and clean.

Notice given 15 November 2018

*1223   Senator Anning : To move—That the Senate—

                          (a)      expresses its concern that:

                                                (i)      the Federal Government is pushing ahead with signing the UN Global Compact on Refugees, and

                                               (ii)      the Compact lacks clear indicators to measure progress and accountability in relation to the agreement’s four objectives;

                          (b)      expresses its alarm that, once again, unelected left-wing United Nations bureaucrats are being allowed to dictate policy to the government of Australia without regard to the wishes of the Australian people; and

                           (c)      condemns the UN Global Compact on Refugees as yet another attack on Australian sovereignty, and calls on the Australian Government to repudiate it.

*1224   Senator Anning : To move—That the Senate requests the Banking Royal Commission to publish all the 9000 submissions made to it on a public website (with the usual « privacy » considerations), so that the public will be able to check that the Royal Commission’s report in February 2019 will have dealt with all the issues raised by the public.

*1225   Senator Patrick : To move—

(1)         That the Senate notes that—

(a)         on 16 October 2018, the Senate ordered the Commissioner of Taxation to provide information (company names) to the Economics Legislation Committee related to designated financial entities that have lodged late, or not yet lodged, a corporate income tax return;

(b)         on 5 November 2018, the Minister for Finance and the Public Service advanced a public interest immunity claim on the grounds that the disclosure of individual taxpayer information to the committee will harm the public interest by undermining public confidence in taxation laws and taxation administration;

(c)         the Minister for Finance and the Public Service also claimed that the disclosure of this information will have a substantial adverse effect on the proper and efficient operations of the Australian Taxation Office;

(d)         except in circumstances where the Parliament has explicitly carved out the ability for a House of Parliament to make inquiries, the secrecy provisions of legislation are subservient to the Constitution-derived inquiry powers of Senate;



 

(e)         disclosing the names of financial entities that have not complied with tax laws does not undermine taxation laws and taxation administration, but rather may serve to encourage compliance with taxation laws; and

(f)          Australia’s tax transparency laws oblige the Commissioner of Taxation to annually publish selected income tax information, including the company name, for certain taxpayers and this has not resulted in the purported harm.

(2)         That the Senate affirms that:

(a)         under no circumstances should any corporation be of the view that it is entitled to anonymity when it breaches taxation law;

(b)         the public interest balance lies in favour of the disclosure of companies in breach of taxation law; and

(c)         the Senate does not accept the public interest immunity claim advanced by the Minister for Finance and the Public Service.

(3)         That the Senate orders the Commissioner of Taxation to comply with the balance of the order agreed to by the Senate on 16 October 2018.

*1226   Senator Singh : To move—That the Senate—

                          (a)      observes that 20 November 2018 is Universal Children’s Day, commemorating the UN General Assembly’s same-day adoption of the 1958 Declaration of the Rights of the Child, and the 1989 Convention on the Rights of the Child (‘Children’s Convention’);

                          (b)      acknowledges the work of UNICEF Australia and other stakeholders involved in the Australian Child Rights Taskforce’s Children’s Report and its recommendations;

                           (c)      notes:

                                                (i)      that Australia’s Aboriginal and Torres Strait Islander children continue to experience disadvantage,

                                               (ii)      the report and recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory,

                                             (iii)      that children in Australia face growing issues of intergenerational inequality,

                                             (iv)      that no child under Australia’s care should suffer harm, and

                                              (v)      that refugee children under Australia’s care have been languishing in indefinite detention on Nauru for over five years;

                          (d)      invites the Morrison Government to take steps to improve Australia’s adherence to the Children’s Convention; and

                           (e)      calls on the Morrison Government to accept New Zealand’s resettlement offer and get the children off Nauru.

*1227   Senator Patrick : To move—

(1)         That the Senate—

(a)         notes that formal business is taking up a significant amount of time each sitting week; and



 

(b)         accepts that the right of senators to move Business of the Senate motions, including motions for the disallowance of legislative instruments and to refer matters to standing committees, should be unrestricted.

(2)         The following amendment to standing order 66 operate as a temporary order from 27 November 2018 until the last sitting day of 2019:

At the end of paragraph (3), add:

(4)      A senator may not, in any sitting week, request that more than four general business motions be taken as formal motions, with the exception of motions:

(a)         providing for the introduction of a private senator’s bill;

(b)         ordering documents to be laid on the table; and

(c)         relating to an earlier order of the Senate concerning an order for the production of documents.

(5)      Motions for suspension under standing order 209 shall not be entertained in relation to the operation of paragraph (4).

Notice of « motion altered on 15 November 2018 pursuant to standing order 77.

*1228   Senators Williams, O’Sullivan and Bernardi: To move—That the Senate—

                          (a)      notes that:

                                                (i)      the National Farmers’ Federation states that one Australian farmer produces enough food to feed 600 people, including 450 people overseas,

                                               (ii)      there are over 300,000 people directly employed in Australian agriculture, and

                                             (iii)      the gross value of Australian farm production in 2016-17 was $60 billion;

                          (b)      further notes that:

                                                (i)      the Australian Greens endorsed candidate for the Federal seat of Page, Mr Daniel Reid, posted on Facebook “Cattle don’t belong on this land and the cost of supporting them through drought is extreme”, and

                                               (ii)      Mr Reid’s Facebook post also included the statement “In Australia there are 26 million cattle that eat as much as 669 million kangaroos”; and

                           (c)      calls on the Australian Greens to clarify whether they support farmers or kangaroos loose in the top paddock.