Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

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 notices of motion nos

1, 2, 4, 5, 6 and 7 standing in his name for 4 sitting days after today

and Business of the Senate notice of motion no. 1 for 8 sitting days

after today for the disallowance of the following instruments:

Public Service Determination 1995/58, made under section 82D of the

Public Service Act 1922.

Determination of Technical Standard Notice TN5 of 1995, made under

section 244 of the Telecommunications Act 1991.

Employment Services (Participants) Determination No. 2 of 1995, made

under section 25 of the Employment Services Act 1994.

Employment Services (Terminating Events) Determination No. 2 of 1995,

made under section 26 of the Employment Services Act 1994.

Superannuation Industry (Supervision) Regulations (Amendment), as

contained in Statutory Rules 1995 No. 240 and made under the

Superannuation Industry (Supervision) Act 1993.

Prawn Export Promotion Levies and Charges Regulations, as contained in

Statutory Rules 1995 No. 245 and made under the Prawn Export Promotion

Act 1995, the Prawn Export Charge Act 1995, and the Prawn Boat Levy

Act 1995.

Locally Engaged Staff Determination 1995/24, made under section 82D of

the Public Service Act 1922.

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

intention.

Notices of motion:

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

Senate--

(a) notes that the Coalition of Activist Lesbians is holding a rally

on 16 November 1995 on the steps of the Western Australian

Parliament to express its outrage at the refusal of that State

Government to reform the equal opportunity legislation to

include sexuality as a grounds of discrimination;

(b) congratulates the group on its efforts to bring about

legislative and social change in Western Australia and thus

highlight that a wealth of talent and insight is being lost to

society because of continued discrimination, violence and

prejudice against this community;

(c) calls on the Western Australian State Government to implement

the recommendations of the Commissioner for Equal Opportunity

and enact anti-discrimination legislation on the grounds of

sexuality; and

(d) condemns the Federal Government for its continued lack of

political and moral fortitude in not introducing comprehensive

federal anti-discrimination legislation.

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

(a) notes that:

(i) the United States Navy submarine USS Helena is now at

HMAS Stirling for a 14-day visit for exercises with

Australian submarines, and

(ii) the USS Helena is an attack submarine with an engine

powered by a nuclear reactor (1 GE PWR S6G) and is

capable of carrying 200 kilo tonne nuclear warheads,

although nuclear warheads are not normally carried on

this submarine;

(b) further notes community concern that:

(i) the Fremantle Port Authority may not be well prepared

in the event of a nuclear reactor leak or accident

occurring on the submarine while docked at HMAS

Stirling,

(ii) the potential risk of a nuclear accident and the

presence of nuclear warheads outweighs any benefits

that a visit by a nuclear submarine brings, and

(iii) there are many examples, especially in the former

Soviet Union, where leaking nuclear-powered submarines

have caused major damage to the environment and public

health; and

(c) urges the Federal Government to refuse entry to any port or base

in Australia to any submarine or warship that is either

nuclear-powered or equipped with nuclear warheads.

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

Senate--

(a) notes that:

(i) 16 November 1995 is the 75th anniversary of the

Queensland and Northern Territory Aerial Services,

QANTAS, being registered as a company in Queensland,

and

(ii) the company pioneered flight in north-west Queensland,

operating between the towns of Longreach, Winton,

Cloncurry and others;

(b) congratulates the management and staff of QANTAS for the 75

years of excellent service it has provided; and

(c) recognises particularly the service QANTAS still provides to

many people living in regional Queensland.

Senator Margetts, also on behalf of Senator Chamarette: To move on the

next day of sitting--That the Senate--

(a) notes the recent decision of the Joint House Department to hire

a new catering contractor for Parliament House;

(b) views, with grave concern, the lack of job security being

offered by the new contractor to the large number of current

employees who have provided an outstanding level of friendly and

courteous service; and

(c) calls on the Joint House Department to make sure the new

catering contract includes provisions which guarantee the job

security of staff.

The Minister for the Environment, Sport and Territories (Senator

Faulkner): To move on the next day of sitting--That the order of the

Senate of 29 November 1994, relating to the consideration of

legislation, not apply to the following bills:

Appropriation (Parliamentary Departments) Bill (No. 2) 1995-96

Appropriation Bill (No. 3) 1995-96

Appropriation Bill (No. 4) 1995-96

Bounty Legislation Amendment Bill 1995

Commonwealth Bank Sale Bill 1995

Customs Tariff Bill 1995

Customs Tariff Legislation Amendment Bill 1995

Development Allowance Authority Amendment Bill 1995

Excise Tariff Amendment Bill (No. 2) 1995

Income Tax (Franking Deficit) Amendment Bill 1995

Income Tax (Deficit Deferral) Amendment Bill 1995

Industry Commission Amendment Bill 1995

Social Security Legislation Amendment (Carer Pension and Other

Measures) Bill 1995

Social Security and Veterans' Affairs Legislation Amendment Bill 1995

States Grants (Primary and Secondary Education Assistance) Amendment

Bill (No. 2) 1995

Student and Youth Assistance Amendment (Budget Measures) Bill 1995

Student and Youth Assistance Amendment (Youth Training Allowance) Bill

(No. 2) 1995

Student and Youth Assistance Amendment (Youth Training Allowance) Bill

(No. 3) 1995

Superannuation Industry (Supervision) Legislation Amendment Bill 1995

Taxation Laws Amendment Bill (No. 4) 1995

Veterans' Affairs Legislation Amendment (1995-96 Budget Measures) Bill

(No. 2) 1995.

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

(a) notes:

(i) Western Australian farmers Jan and Gary English left a

paddock to nature after one crop which completely

failed,

(ii) that, left alone, the land regenerated into a superb

field of native wildflowers,

(iii) that these native flowers, while providing habitat and

food for native species, can also have a market value,

(iv) that the Englishes now harvest a proportion of the

natives for the cut flower market,

(v) that their enterprise has made almost no dent in the

number of banksias on their property, and

(vi) that the profits have been high enough to support their

household each year they cut; and

(b) commends this family and other farm families who manage native

vegetation with care and have shown not only environmental

benefits but also economic benefits from doing so.

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

(a) notes:

(i) Westpac's announcement of a $1 billion profit for the

last trading period, that is, a $3.5 billion turnaround

in less than 3 years since its $2.6 billion loss--that

loss being the greatest in Australia's corporate

history, and

(ii) the explanation of Westpac management that this quite

extraordinary profitability results predominantly from

the activities of the bank's Assets Management

Division, referred to within the bank as the

"graveyard'; and

(b) expresses deep concern that, because of the very nature of

modern banking, such inordinate bank profitability (and the

other majors are about to announce huge profits for the same

period) must be substantially through the destruction of their

own clients' businesses;

(c) calls on the Federal Government to seriously consider the

regulation of the $6.3 trillion derivatives bonanza that is the

exclusive right of the four major banks, through which they make

massive profit and on which they pay no taxes;

(d) notes, with deepest concern, that in recent days Westpac lawyers

in apparent contravention of section 60 of the Trade Practices

Act and sections 132 and 140 of the Criminal Code, and in

defiance of court judgments in the matter of Westpac v Drambo in

the Queensland Division of the Federal Court, by the use of

threatening letters have interfered with the course of justice;

(e) regards this recent unconscionable conduct on the part of

Westpac as reflecting precisely the same ethic and the same

strategy as that outlined by its lawyers in the earlier,

infamous "Westpac letters';

(f) notes that no responsible authority has ever called Westpac to

account for its allegedly corrupt behaviour in relation to

foreign currency loans and the matters raised by the bank's own

lawyers in the original "Westpac letters', nor has any

responsible authority examined the evidence against the bank

described by its own lawyers as "devastating';

(g) calls on the Leader of the Government in the Senate (Senator

Gareth Evans), on behalf of the Prime Minister (Mr Keating), to

immediately provide the Senate with answers to the 20 questions

on notice relating to the "Westpac letters' affair and the

foreign currency loans fiasco;

(h) supports the Enterprise Council and others, including eminent

members of the legal profession:

(i) in their submissions to the Trade Practices

Commissioner calling for the Commissioner's direct

intervention in relation to the recent threatening

"Drambo Westpac letters', and

(ii) in their representations to the Attorney-General and

their calls for legal aid to Drambo Pty Ltd to match

the might of the financial monolith in its pursuit of

fundamental justice; and

(i) calls on the Federal Government to redress immediately a

situation in which a bank can derive a billion dollar profit at

the expense of Australians and yet simultaneously obstruct

former customers in the pursuit of justice.

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

(a) notes that:

(i) a director and company secretary of the Parkville Pig

Stud Pty Ltd, Mr Achilles Constantinidis, the former

business partner of the Prime Minister (Mr Keating),

has sworn in a return to the Australian Securities

Commission (ASC) that its ultimate holding company is

Spearhawk Pty Ltd and that no financial data is

included in its latest return because the company is

audited by Mr Phillip Henry of KPMG Peat Marwick, an

accountancy firm in which Mr Constantinidis was

formerly employed,

(ii) Spearhawk Pty Ltd, according to its latest annual

return, is in fact a totally-owned subsidiary of

Sephrenia Pty Ltd, a company owned by Mr and Mrs

Constantinidis, so that Sephrenia is the ultimate

holding company of the Parkville Pig Stud Pty Ltd,

(iii) Parkville Pig Stud Pty Ltd is now claimed, in

recently-tendered documents, to own the Tamworth

piggery, formerly owned by the Keating-Constantinidis

piggery group, from which three workers were sacked in

June 1994 after their successful complaint that they

had been paid less than the award wage while Mr Keating

was a half-owner,

(iv) attempts by these men to get redress for their wrongful

dismissal have been frustrated and delayed by the false

claim that their employer was a company called

Parkville Pig Stud Pty Ltd, a name that has never

existed on the ASC company records; and

(v) Mr Constantinidis has advised the ASC that Parkville

Pig Stud Pty Ltd was, in fact, not a company but only a

division of the Brown and Hatton Group (the

Keating-Constantinidis group) which ran the Tamworth

piggery until 30 June 1994; and

(b) expresses its concern that the ASC has taken no action against

Mr Constantinidis in respect of false declarations in various

documents that a non-existent company was the employer at

Tamworth, so falsely protecting the piggery from those

industrial relations law requirements that apply to employers of

15 or more workers and delaying and frustrating the three sacked

workers in their attempts to get a fair hearing about their

wrongful dismissal.

The Chair of the Legal and Constitutional References Committee (Senator

Ellison): To move on the next day of sitting--That the time for the

presentation of the following reports of the Legal and Constitutional

References Committee be extended to the third sitting day of the 1996

sittings:

(a) whether an independent inquiry is justified into the conduct of

the Commonwealth's actions in relation to Ryker (Faulkner) v the

Commonwealth and Flint (9527/1982); and

(b) the application and interpretation of the third paragraph of

section 53 of the Constitution.