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Senate Order of Business No. 53, Tuesday



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The Senate

This document is issued as a guide to senators.

The business listed is subject to change.

ORDER OF BUSINESS

 

(Proceedings to be broadcast on radio)

2008-09/53

TUESDAY, 3 FEBRUARY 2009

AT 12.30 pm

  1. Prayers

  1. Government documents to be presented - pursuant to order

(A list of documents is attached. Consideration at item 23)

  1. Vacancy in the representation of Western Australia

President to inform the Senate of the resignation of Senator Ellison as a senator for Western Australia

  1. Statements by the President

President to make statements concerning staffing and administrative matters

  1. Authorisation for committee to meet

Government Whip (Senator O’Brien) , by leave, to move a motion authorising the Joint Standing Committee on Electoral Matters to meet during the sitting of the Senate today

  1. Government business - orders of the day

No. 2- Tax Laws Amendment (Political Contributions and Gifts) Bill 2008 - Resumption of second reading debate

No. 4-Corporations Amendment (No. 1) Bill 2008 [2009] - Resumption of second reading debate

No. 1-Migration Legislation Amendment Bill (No. 2) 2008 [2009] - Resumption of second reading debate

Refer to Notice Paper for other orders of the day

At 2 pm

  1. Questions

  1. Motions to take note of answers

Time limit: 30 minutes

 

  1. Death of Private Gregory Michael Sher

Leader of the Government in the Senate (Senator Evans), by leave, to move a motion relatin g to the death in Afghanistan of Private Gregory Michael Sher

  1. Award of the Victoria Cross for Australia

Leader of the Government in the Senate (Senator Evans), by leave, to move a motion relating to the award of the Victoria Cross for Australia to Trooper Mark Donaldson VC

  1. Petitions

  1. Notices of motion

  1. Placing of business

  • Postponement notifications
  • Government Whip (Senator O Brien), by leave, to move a motion for leave of absence for Senator McEwen
  • Opposition Whip (Senator Parry), by leave, to move a motion f or leave of absence for Senator Adams
  1. Discovery of formal business 1

Business of the Senate - notice of motion -

No. 1 - Senator Barnett - Reference to the Legal and Constitutional Affairs Committee (the Australian judiciary and judicial system)

General business - notices of motion -

No. 183 - Senator Milne - Introduction of the Energy Efficiency Opportunities Amendment (Mandatory Implementation) Bill 2008

No. 233 - Senator Xenophon - Order for the production of documents - Report by the Productivity Commission on private health insurance

No. 332 - Senator Abetz - Order for the production of documents - Answer to question on notice no. 730

 

  1. Matter of public importance - President to announce receipt of letter from Senator  Abetz proposing that the following ma tter be submitted to the Senate for discussion:

The incompatibility in the Prime Minister’s claim to be an economic conservative while also repudiating neo-liberalism.

(Under standing order 75 the proposed discussion must be supported by at least four other senators)

Time limit: 60 minutes, or if no motions are moved  

to take note of answers, 90 minutes

  1. Ministerial statements

  1. Tabling of documents presented out of sitting

  1. Committee report s (see page 5)
  2. Government response s to parliamentary committee reports (see page 6)
  3. Ministerial statement (see page 6)
  4. Government documents (see page 6)
  5. Report s of the Auditor-General (see page 7)
  6. Letters of advice relating to Senate orders (see page 8)
  1. Tabling of documents by the President

  1. 2008 supplement to the consolidated register of Senate committee reports
  2. Business of the Senate: 1 January to 31 December 2008
  3. Questions on notice summary: 12 February to 31 December 2008
  4. Report s on access to committee documents:
  • Standing Orders Committee and Regulations and Ordinances Committee - 1907 to the 1960s
  • Joint Select Committee on Defence Forces Retirement Benefits Legislation - 1970 to 1972
  1. Auditor-General - Report no.  18 of 2008-09 - Performance audit - The administration of grants under the Australian Political Parties for Democracy Program: Department of Finance and Deregulation
  1. Responses to resolutions of the Senate:
  • Minister for Agricult ure, Fisheries and Forestry (Mr Burke) - Resolution of 25 November 2008 - Harmful effects of pesticides
  • Premier of Queensland (Ms Bligh) - Resolution of 27 November 2008 - Moreton Bay fishing
  • Minister for Infrastructure, Transport, Regional Development and Local Government (Mr Albanese) - Resolution of 1 December 2008 - Construction of a road through the Tarkine Forest, Tasmania
  • Chief Executive Officer of Trees for Life (Ms Carmel Dundon) - Resolution of 2 December 2008 - Trees for Life in South Australia
  1. Tabling of documents

  1. By ministers
  2. By senators tabling reports from committees
  3. By Clerk (delegated legislation including regulations, ordinances, determinations, rules, declarations and orders - a list will be circulated in the chamber)

Returns to order:

  • Sta tement of compliance relating to indexed lists of departmental and agency files
  • Letters of advice relating to departmental and agency appointments , and grants

Time limit per speaker: 10 minutes 

Time limit per motion: 30 minutes 

Total time limit for all motions: 60 minutes

  1. Committee membership , by leave

  1. Messages from the House of Representatives

  • informing the Senate that the House has agreed to the amendments made by the Senate to the Temporary Residents Superannuation Legislation Amendment Bill 2008
  • return ing the Broadcasting Legislation Amendment (Digital Television Switch-over) Bill 2008, acquainting the Senate that the House does not insist on certain amendments made by the House and disagreed to by the Senate; and has agreed to the consequential amendment made by the Senate
  1. Order of business - It is proposed to consider business in the following order -

Business of the Senate - notice of motion -

No. 1 - Senator Barnett - Reference to the Legal and Constitutional Affairs Committee (the Australian judiciary and judicial system)

Government business continued (see item 6)

At 6.50 pm

 

  1. Consideration of government documents

  • Documents tabled today - listed at page 9, below
  • Documents listed at item (d ) on page 6, below

Time limit: 30 minutes

  1. Adjournment proposed - 7.20 pm, or when consideration of government documents concludes

  1. Adjournment

 

 

 

 

HARRY EVANS

Clerk of the Senate

 

Temporary chairs of committee on roster - Senators Marshall, Humphries, Hurley, Barnett and Moore

 

Online

The daily Order of Business , or ‘Senate Red’: www.aph.gov.au/senate

Related resources

The Dynamic Red updates the Order of Business throughout the sitting day: www.aph.gov.au/senate/DynamicRed

 

The Senate Daily Summary provides a convenient summary of the previous day’s proceedings, with links to official Senate records: www.aph.gov.au/senate

 

Television channel 4 of the House Monitoring Syst em provides captions of current proceedings in the Senate chamber.

 

DOCUMENT S PRESENTED OUT OF SITTING

  1. Committee report s

1. Legal and Constitutional Affairs Committee-- Report, together with the Hansard record of proceedings and documents presented to the committee--Effectiveness of the Sex Discrimination Act 1984 in eliminating discrimination and promoting gender equality (received 12 December 2008)

 

2. Environment, Communications and the Arts Committee--Report, together with the Hansard record of proceedings and documents presented to the committee--Commonwealth Radioactive Waste Management (Repeal and Consequential Amendment) Bill 2008 (received 18 December 2008)

  1. Government response s to parliamentary committee report s

1. Joint Standing Committee on the N ational Capital and External Territories--Report--The way forward: Inquiry into the role of the National Capital Authority (received 11 December 2008)

2.  Parliamentary committee reports—President’s report on government responses outstanding as of June 2008 (received 16 December 2008)

3. Parliamentary Joint Committee on Intelligence and Security--Review of security and counter terrorism legislation (received 23 December 2008)

4. Parliamentary Joint Committee on Intelligence and Security--Inquiry into the proscription of ‘terrorist organisations’ under the Australian Criminal Code (received 23 December 2008)

5. Finance and Public Administration Committee--Report--Knock, knock wh o’s there? The Lobbying Code of Conduct (received 15 January 2009)

6. Joint Committee of Public Accounts and Audit--411 th report: Progress on equipment acquisition and financial reporting in Defence (received 27 January 2009)

  1. Ministerial statement

Changes to the 2008-09 Skilled Migration Program—Statement by the Minister for Immigration and Citizenship (Senator Evans) (received 17 December 2008)

  1. Government document s

1.  Australian Communications and Media Authority--Report for 2007-08 (received 5 December 2008)

2. Consolidated financial statements for the year ended 30 June 2008 (received 9 December 2008)

3. National Capital Authority--Report for 2007-08 (received 9 December 2008)

4. Portfolio additional estimates statements 2008-09--Health and Ageing portfol io (received 10 December 2008)

5. Executive Director of Township Leasing--Report for 2007-08 (received 10 December 2008)

6. Central Land Council--Report for 2007-08 (received 10 December 2008)

7. Australian Landcare Council--Report for 2007-08 (received 11 December 2008)

8. Department of Education, Employment and Workplace Relations--Australian vocational education and training system--Report for 2007 (received 12 December 2008)

9. National Health and Medical Research Council—NHMRC Embryo research Licensing Committee--Report for the period 1 April to 30 September 2008 (received 15 December 2008)

10. High Court of Australia—Annual report for 200708, together with a correction (received 16 December 2008)

11. Australian Rail Track Corporation Ltd—Report for 2007-08 (received 16 December 2008)

12. Export Wheat Commission—Report for 2007-08 (received 17 December 2008)

13. Private Health Insurance Administration Council—Operation of the private health insurers—Report for 2007-08 (received 17 December 2008)

14. Dair y Australia--Report for 2007-08 (received 18 December 2008)

15. Pharmaceutical Benefits Pricing Authority--Report for 2007-08 (received 18 December 2008)

16. Office of the Australian Building and Construction Commissioner--Report for 2007-08 (received 22 December 2008)

17. Australian Political Exchange Council--Report for 200 6-07 (received 22 December 2008)

18.  Members of Parliament (Staff) Act 1984 --Report for 2007-08 (received 23 December 2008)

19. Inquiry into the case of Dr Mohamed Haneef--Report by the Honourable John Clarke, QC (received 23 December 2008)

20. Government response to the inquiry into the case of Dr Mohamed Haneef--Report by the Honourable John Clarke, QC (received 23 December 2008)

21. Government response to Australian Law Reform Commission report (No. 104)--Fighting words: A review of sedition laws in Australia (received 23 December 2008)

22.  Office of Film and Literature Classification— Classification Board and Classification Review Board—Reports for 2007-08--Addendum (received 24 December 2008)

23. Australian Crime Commission--Report for 2007-08 (received 9 January 2009)

24. National and C ommonwealth heritage lists--Report for the period 1 January 2004 to 30 June 2008 (received 12 January 2009)

25. Commonwealth Electoral Act--2008 redistribution of Western Australia into electoral divisions (received 16 January 2009)

26. Gene Technology Regulator--Quarterly report for the period 1 July to 30 September 2008 (received 21 January 2009)

27. Federal Magistrates Court of Australia--Report for 2007-08--Errata (received 27 January 2009)

28. Tax Expenditures Statement 2008 (received 29 January 2009)

29. Australian Electoral Commission--Report for 2007-08--Correction (received 2 February 2009)

  1. Report s of the Auditor-General

1. Audit report no. 12 of 2008-09--Performance audit--Active after-school communities program: Australian Sports Commission (received 10 December 2008)

2. Audit report no. 13 of 2008-09--Performance audit--Government agencies’ management of their websites—Australian Bureau of Statistics; Department of Agriculture, Fisheries and Forestry; Department of Foreign Affairs and Trade (received 16 December 2008)

3. Audit report no. 14 of 2008-09--Financial statement audit--Audits of the financial statements of Australian Government entities for the period ended 30 June 2008 (received 17 December 2008)

4. Audit report no. 15 of 2008-09--Perfor mance audit--Australian Institute of Marine Science’s management of its co-investment research program: Australian Institute of Marine Science (received 18 December 2008)

5. Audit report no. 16 of 2008-09--Performance audit--Australian Taxation Office’s ad ministration of business continuity management: Australian Taxation Office (received 22 December 2008)

6. Audit report no. 17 of 2008-09--Performance audit--Administration of Job Network outcome payments: Department of Education, Employment and Workplace Relations (received 28 January 2009)

  1. Letters of advice relating to Senate orders

1 . Relating to lists of contracts:

    • Department of Agriculture, Fisheries and Forestry ( received 18  December 2008)

2 . Relating to lists of departmental and agency appointments/vacancies:

    • Broadband, Communications and the Digital Economy portfolio agencies ( received 29 January 2009)
    • Defence portfolio agencies ( received 30 January 2009)
    • Veterans Affairs portfolio agencies ( received 30 January 2009)
    • Infrastructure, Transport, Region al Development and Local Government portfolio agencies ( received 30 January 2009)
    • Agriculture, Fisheries and Forestry portfolio agencies ( received 2 February 2009 )
    • Australian Institute of Family Studies ( received 2 February 2009 )

3 . Relating to lists of departmental and agency grants:

    • Attorney-General s portfolio agencies ( additional information to letter tabled in the Senate on 14 October 2008) ( received 27 January 2009)
    • Department of Broadband, Communications and the Digital Economy ( received 29 January 2 009)
    • Defence portfolio agencies ( received 30 January 2009)
    • Veterans Affairs portfolio agencies ( received 30 January 2009)
    • Infrastructure, Transport, Regional Development and Local Government portfolio agencies ( received 30 January 2009)
    • Agriculture, Fisheries and Forestry portfolio agencies ( received 2 February 2 009 )
    • Australian Institute of Family Studies ( received 2 February 2009 )

 

SENATE

PROPOSED PRESENTATION OF DOCUMENT S

Tuesday, 3 February 2009 ^

#1  DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY - Fisheries Research and Development Corporation - Annual report 2007-08 - Section 9 of the Commonwealth Authorities and Companies Act 1997

(26 September 2008 / 13 October 2008)

#2  DEPARTMENT OF AGRICULTURE, FISHERIES AND FORESTRY - National Rural Advisory Council - Annual report 2006-07 - Section 20 of the Rural Adjustment Act 1992

(17 March 2008 / 18 March 2008)

#3  DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS - Workplace Ombudsman - Annual report 2007-2008 - Section 166S of the Workplace Relations Act 1996 and section 70 of the Public Service Act 1999

(24 October 2008 / 28 October 2008)

#4  DEPARTMENT OF THE TREASURY - Mid-year economic and fiscal outlook for 2008-09

(18 August 2008 / 18 August 2008)

#5  TREATIES

MINOR TREATY ACTIONS - CATEGORY 3

B1

Explanatory Statement 6 of 2008

Amendment, to Annex I of the United Nations Educational, Scientific and Cultural Organisation (UNESCO) International Convention against Doping in Sport, 19 October 2005

B2

Explanatory Statement 7 of 2008

Amendment, to Annex II of the United Nations Educational, Scientific and Cul tural Organisation (UNESCO) International Convention against Doping in Sport, 19 October 2005

 

*6  TREATIES

MAJOR TREATY ACTIONS - CATEGORY 1

B1

[2009] ATNIA 1

UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions done at Paris on 20 October 2005

[2009] ATNIF 3

B2

[2009] ATNIA 2

Austr alia-European Community Agreement on Trade in Wine, done at Brussels on 1 December 2008

[2008] ATNIF 20

MAJOR TREATY ACTIONS - CATEGORY 2

B3

[2009] ATNIA 3

Agreement between the Government of Australia and the Government of the British Virgin Islands for the Exchange of Information Relating to Taxes, done at London on 27 October 2008

[2008] ATNIF 18

B4

[2009] ATNIA 4

Agreement between the Government of Australia and the Government of the B ritish Virgin Islands for the Allocation of Taxing Rights with Respect to Certain Income of Individuals, done at London on 27 October 2008

[2008] ATNIF 19

^  List prepared by the Department of the Prime Minister and Cabinet.

# Documents tabled in the House of Representatives on Thursday, 4 December 2008.

* Not available prior to tabling.

Note: As recommended by the Senate Standing Committee on Finance and Public Administration, the dates listed in brackets at the end of certain annual reports indicate the date on which the report was submitted to the minister and the date the report was received by the minister, respectively.



1   If a notice of motion is declared formal it will be put and determined without amendment or debate. Any senator may object to a notice of motion being declared formal, in which case it will be listed for debate at a subsequent time.