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PARLIAMENTARY SERVICE AMENDMENT (FREEDOM OF INFORMATION) BILL 2013

Order of the day read for the adjourned debate on the motion of the Parliamentary Secretary for School Education and Workplace Relations (Senator Collins)—That this bill be now read a second time.

Debate resumed.

Question put and passed.

Bill read a second time.

The Senate resolved itself into committee for the consideration of the bill.

In the committee

Bill taken as a whole by leave.

Senator Rhiannon moved the following amendment:

 Schedule 1, page 3 (lines 1 to 26), omit the Schedule, substitute:

  

Schedule 1—Amendments

 

Freedom of Information Act 1982

 1 After section 6A

  Insert:

 

6B Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services

  (1) This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.

  (2) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) includes a document to the extent that is:

 (a) statistical information about the activities of the Department; or

 (b) information about the expenditure of public moneys; or

 (c) information about payments to a Senator or member of the House of Representatives; or

 (d) information about services and facilities provided to a Senator or member of the House of Representatives; or

 (e) information about assets, resources, support systems and other administrative matters of the Department.

  (3) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include a document to the extent that it is:

 (a) research or advice provided to a Senator or member of the House of Representatives; or


 (b) information held on behalf of a Senator or member of the House of Representatives; or

 (c) information about how a Senator or member of the House of Representatives performs their role as a Senator or member of the House of Representatives; or

 (d) any advice provided to a Senator or member of the House of Representatives; or

 (e) information that is otherwise subject to parliamentary privilege.

  (4) For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES, 11

Senators—

Di Natale

Hanson-Young

Ludlam

Madigan

Milne

Rhiannon

Siewert (Teller)

Waters

Whish-Wilson

Wright

Xenophon

NOES, 30

Senators—

Back

Bilyk

Brown

Bushby

Cameron

Colbeck

Collins

Conroy

Edwards

Faulkner

Gallacher

Hogg

Humphries

Lines

McEwen

McKenzie

McLucas

Moore

Parry

Payne

Polley

Pratt

Ruston

Ryan

Singh

Smith

Stephens

Sterle

Thistlethwaite

Williams (Teller)

Question negatived.

Senator Rhiannon moved the following amendment:

 Schedule 1, page 3 (lines 1 to 26), omit the Schedule, substitute:

  

Schedule 1—Amendments

 

Freedom of Information Act 1982

 

6B Department of the House of Representatives, Department of the Senate and Department of Parliamentary Services

 1 After section 6A

  Insert:

  (1) This Act does not apply to any request for access to a document of the Department of the House of Representatives, the Department of the Senate or the Department of Parliamentary Services unless the document relates to matters of an administrative nature.

  (2) For the avoidance of doubt, the reference to a document of an administrative nature in subsection (1) does not include research or advice provided to a Senator or a member of the House of Representatives by the Parliamentary Library.


  (3) For the avoidance of doubt, nothing in this section limits or infringes the powers, privileges and immunities of the Houses of the Parliament.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES,11


Senators—
Di NataleMadiganSiewert (Teller)Wright
Hanson-YoungMilneWatersXenophon
LudlamRhiannonWhish-Wilson

NOES, 29


Senators—
BishopHeffernanMooreSingh
BrandisHoggNashSmith
BrownHumphriesParryStephens
CameronLinesPayneSterle
ColbeckMacdonaldPrattWilliams (Teller)
ConroyMcEwenRuston
EdwardsMcKenzieRyan
GallacherMcLucasScullion

Question negatived.

Senator Rhiannon moved the following amendment:

 Page 3 (after line 26), at the end of the bill, add:

  

Schedule 2—Further amendments

 

Parliamentary Allowances Act 1952

 1 Section 4

  Omit "There are payable", substitute "(1) Subject to subsection (2), there are payable".

 2 At the end of section 4

  Add:

  (2) A member is only entitled to allowances if:

 (a) the member includes a link to the Department of Finance and Deregulation website in their biographical details on the Australian Parliament website; and

 (b) the link directs the user to the individual expenditure report of that member.

   Note: In 2013, the Australian Parliament website is located at www.aph.gov.au.

Debate ensued.

Question—That the amendment be agreed to—put.

The committee divided—

AYES,11


Senators—
Di NataleMadiganSiewert (Teller)Wright
Hanson-YoungMilneWatersXenophon
LudlamRhiannonWhish-Wilson

NOES, 25


Senators—
BrandisHumphriesPayneStephens
BrownLinesPrattSterle
CameronMcKenzieRustonUrquhart
ColbeckMcLucasRyanWilliams (Teller)
ConroyMooreScullion
GallacherNashSingh
HoggParrySmith

Question negatived.

Bill agreed to.

Bill to be reported without amendment.

The President resumed the chair and the Chair of Committees (Senator Parry) reported accordingly.

On the motion of the Minister for Broadband, Communications and the Digital Economy (Senator Conroy) the report from the committee was adopted.

Senator Conroy moved—That this bill be now read a third time.

Question put.

The Senate divided—

AYES, 26

Senators—

Back

Brandis

Brown (Teller)

Cameron

Colbeck

Conroy

Feeney

Gallacher

Hogg

Humphries

Lines

McKenzie

McLucas

Moore

Nash

Parry

Payne

Pratt

Ruston

Ryan

Singh

Smith

Sterle

Thorp

Urquhart

Williams

NOES, 11

Senators—

Di Natale

Hanson-Young

Ludlam

Madigan

Milne

Rhiannon

Siewert (Teller)

Waters

Whish-Wilson

Wright

Xenophon

Question agreed to.

Bill read a third time.