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NOTICES

Intention to withdraw:

The Chair of the Standing Committee on Regulations and Ordinances

(Senator Colston), pursuant to standing order 78, gave notice of his

intention, at the giving of notices on the next day of sitting, to

withdraw Business of the Senate notice of motion no. 2 standing in his

name for 3 sitting days after today for the disallowance of

Determination HS/1/1995 made under subsection 3C(1) of the Health

Insurance Act 1973.

Senator Colston, by leave, made a statement relating to the notice of

intention.

The Chair of the Standing Committee on Regulations and Ordinances

(Senator Colston), pursuant to standing order 78, gave notice of his

intention, at the giving of notices on the next day of sitting, to

withdraw Business of the Senate notice of motion no. 1 standing in his

name for 7 sitting days after today for the disallowance of the

Agricultural and Veterinary Chemicals Code Regulations (Amendment), as

contained in Statutory Rules 1995 No. 137 and made under the

Agricultural and Veterinary Chemicals Code Act 1994.

Senator Colston, by leave, made a statement relating to the notice of

intention.

Contingent notice of motion: Senator Chamarette:

(1) To move (contingent on the Senate concluding its consideration

of any item of business and before the next item of business,

being the Administrative Decisions (Effect of International

Instruments) Bill 1995, is called on)--That, for the reasons set

out in paragraph (2), so much of the standing orders be

suspended as would prevent Senator Chamarette moving a motion

that consideration of the bill be postponed until 2 sitting days

after the Minister representing the Attorney-General (Senator

Bolkus) tables a copy of the report of the review, announced by

the Attorney-General on 5 July 1995, of the effect of

international instruments on administrative decision-making.

(2) That the reasons referred to in paragraph (1) are as follows:

(a) on 7 April 1995 the High Court, in the Teoh case, held

that the "legitimate expectation' doctrine applies when

the Government ratifies a treaty;

(b) that doctrine has been part of the common law since

1969;

(c) one of its effects is that people have a legitimate

expectation to be informed, consulted and heard when

the Government decides to depart from its international

obligations and this affects people who might otherwise

have relied on the expectation that the Government

would adhere to such obligations;

(d) the doctrine does no more than create a procedural, not

a substantive, right; it does not oblige the Government

to adhere to its international obligations, but only to

inform, consult and listen to those likely to be

adversely affected by decisions which do not so adhere;

(e) the bill is designed to destroy that procedural right

and as such it has been the subject of condemnation by

almost every significant legal figure and organisation

involved in human rights and international law;

(f) the Attorney-General has announced a review of the

effect of international instruments on administrative

decisions;

(g) that review, by the Human Rights and Equal

Opportunities Commission and the Attorney-General's

Department, has no reporting date and is to have no

additional resources to facilitate its completion;

(h) it is improper, if not absurd, for the Government to

require the Senate to debate the bill before either the

Government or the Senate has the benefit of the

findings of that review; and

(i) debate on the bill should, therefore, be postponed

until the review is tabled.

Notices of motion:

Senator Chamarette: To move on the next day of sitting--That there be

laid on the table, not later than 2 sitting days after it has been

received by the Attorney-General, by the Minister representing the

Attorney-General (Senator Bolkus), a copy of the report of the review

announced by the Attorney-General on 5 July 1995 of the effect of

international instruments on administrative decision-making.

Senator Coulter: To move on the next day of sitting--That the Senate--

(a) notes that:

(i) Australia contains few Australian-owned companies of a

size large enough to sustain multi-million dollar

investment in fundamentally new technology over a

period of years or decades and therefore able to bring

such new technology into full commercial application,

(ii) it has proved difficult in the past for new technology

of this sort to reach the market as Australian-owned

and controlled commercial applications, and time and

again we have seen such applications pass into foreign

ownership and foreign commercial exploitation, and

(iii) the large electricity utilities in Australia do have

the capacity to sustain these large investments over

periods of time, but will not have this capacity if

broken up into smaller units that are orientated merely

toward the provision of electricity; and

(b) calls on the Government to review its attitude to the break-up

of utilities with respect to these potential investments and to

orientating the utilities toward becoming least-cost energy

service providers rather than merely suppliers of electricity.

Senator Baume: To move on the next day of sitting--That the Senate--

(a) notes:

(i) the statement by the Chairman of the National Gallery

of Australia, the Hon. Lionel Bowen, reported in the

Australian, that the panel he chaired to select a

successor to Ms Betty Churcher on her retirement as

Gallery Director had conveyed its unanimous choice of

Mr Michael Lloyd to the Department of Communications

and the Arts in August 1995, and

(ii) the claim by the Minister for Communications and the

Arts (Mr Lee) that his department had not passed the

recommendation on to him, so that he did not reject the

unanimous recommendation to appoint Mr Lloyd when he

decided to reappoint Ms Churcher for a further year;

and

(b) calls on the Minister representing the Minister for

Communications and the Arts (Senator McMullan) to table in the

Senate all relevant documents relating to the failure to appoint

Mr Lloyd and the reappointment of Ms Churcher in an affair which

has damaged Australia's standing in the art world, including any

requests by the Minister to the department not to be officially

advised of the selection committee's unanimous recommendation

and any advice or recommendations on this matter from the Prime

Minister (Mr Keating) or his department.

Senator Panizza: To move on the next day of sitting--That the Senate--

(a) condemns the action of the United States (US) Department of

Agriculture which signals that it intends to target traditional

Australian wheat markets in South-East Asia with its own

highly-subsidised product; and

(b) passes this motion on to the US Government through our Minister

for Trade (Senator McMullan) in the hope that no further damage

is done to confidence in the Australian wheat industry.

Senator Denman: To move on the next day of sitting--That the Senate--

(a) deplores the attack by the lobby organisation, TasAlert, on the

Tasmanian AIDS Council contained in recently-released pamphlets

published by TasAlert; and

(b) views many of the statements contained in those pamphlets as

doing a great disservice to the community.

Senator Coulter: To move on the next day of sitting--That the Senate--

(a) notes that:

(i) the work of the Solid Oxide Fuel Cell unit at Monash

University, Victoria, is ground-breaking, high quality

work, with the potential to drastically reduce the use

of fossil fuels, to increase energy efficiency very

considerably and to move from dependence on fossil

fuels toward the use of renewable sources of energy in

both fixed and mobile applications, and

(ii) the solid oxide fuel cell development will, within the

next year or so, pass from development and pilot stage

work toward full commercial production and will require

many tens of millions of dollars worth of investment if

it is to be retained in Australian ownership; and

(b) calls on the Government to exercise every effort to ensure that

this Australian technology, which has the potential to be worth

trillions of dollars to this country, stays in Australia,

remains owned by Australians, and does not pass into foreign

ownership and control.

Senator Chamarette: To move on the next day of sitting--That the

Senate--

(a) notes that:

(i) the week beginning 15 October 1995 is Amnesty

International Week, and

(ii) 20 and 21 October 1995 comprise Amnesty International's

annual Candle Day;

(b) welcomes Candle Day as a symbol of the light which Amnesty

International seeks to bring into prisons and detention centres

around the world;

(c) urges all Australians to support Amnesty International on Candle

Day; and

(d) seeks the support of all Australians for Amnesty International's

work on human rights and the release of political prisoners.