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NOTICE OF MOTION

The Leader of the Australian Democrats (Senator Kernot), by leave, gave

a notice of motion as follows: To move on the next day of

sitting--That--

(1) The Senate notes that:

(a) on several recent occasions the government has failed

to comply with orders and requests of the Senate and

its committees for documents and information, in

particular:

(i) the order of the Senate of 16 December 1993

concerning communications between ministers on

woodchip export licences,

(ii) requests by the Select Committee on the Australian

Loan Council for evidence, and

(iii) requests by the Select Committee on Foreign Ownership

Decisions in Relation to the Print Media for

documents and evidence;

(b) the government has, explicitly or implicitly, claimed

executive privilege or public interest immunity in not

providing the information and documents sought by the

Senate and its committees;

(c) the grounds for these claims have not been established,

but merely asserted by the government;

(d) the Senate has no remedy against these refusals to

provide information and documents, except its power to

impose penalties for contempt;

(e) the Senate probably cannot impose such penalties on a

minister who is a member of another House;

(f) it would be unjust for the Senate to impose a penalty

on a public servant who, in declining to provide

informationor documents, acts on the directions of a

minister;

(g) there is no mechanism for having claims of executive

privilege or public interest immunity adjudicated and

determined by an impartial tribunal; and

(h) the Parliamentary Privileges Amendment (Enforcement of

Lawful Orders) Bill 1994, introduced in the Senate by

Senator Kernot on 23 March 1994, would provide for:

(i) the enforcement by the Federal Court of the lawful

orders of the Senate and its committees, particularly

orders for the production of information and

documents,

(ii) avoidance of any imposition of a penalty on a public

servant for acting under the directions of a

minister, and

(iii) the adjudication and determination by the Court of

any claim of executive privilege or public interest

immunity, through the examination of the disputed

evidence or documents by the Court.

(2) The Senate refers to the Committee of Privileges,for inquiry and

report by 23 August 1994, the Parliamentary Privileges Amendment

(Enforcement of Lawful Orders) Bill 1994, and requires the

committee to give particular attention to the effectiveness of

the bill in providing a solution to the problems set out in this

resolution.

(3) For the purposes of the committee's inquiry into the bill, a

senator nominated by the Leader of the Australian Democrats be

added to the membership of the Committee of Privileges in a

non-voting capacity.

(4) The Select Committee on Foreign Ownership Decisions in Relation

to the Print Media present its first report by 9 June 1994, and

the committee present a final report by 22 September 1994; and

during the period from 9 June to the day on which the committee

presents its final report the committee be provided with, and

use, the minimum resources required for giving effect to this

resolution.