For the sitting periods
9-12 August 1999
New term
When the senators elected for a term beginning on 1 July were
sworn in on 9 August, they included Senator Len Harris, who was
declared by the Court of Disputed Returns to be the person elected,
following a recount of ballot papers, in place of Senator elect
Heather Hill, who was found to be disqualified because of her
allegiance to a foreign country, namely the United Kingdom. As
expected, the recount ordered by the Court resulted in the return
of the second One Nation candidate.
The President and the Deputy President were re-elected
unopposed, which augurs well for the continuation of the convention
relating to the filling of those offices.
Republic legislation
The main focus of the period was the legislation to bring about
a referendum on a republic.
Consideration of the legislation began with an unsuccessful move
by Senator Murray to have his bill for a simultaneous consultative
referendum on an elected president considered at the same time as
the government bill. During an extensive debate on the latter,
attempts were made to remedy what were seen as the major defects of
the scheme proposed by the bill, including amendments to ensure
that a president could be dismissed only by parliamentary decision
on stated grounds (which were unsuccessful) and to prevent the
indefinite extension of a presidential term (one of which was
successful). Apart from some minor amendments moved by the
government, the bill was passed by the Senate with two amendments,
one relating to the presidential term and one relating to the title
which forms the question put to the electors. These two amendments
were rejected by the government in the House of Representatives and
the bill returned to the Senate.
A significant ruling was made by the President on this occasion.
Section 128 of the Constitution provides that a Constitution
alteration bill must be passed by an absolute majority in each
House before it is put to a referendum (subject to a provision
relating to disagreements between the Houses). The standing orders
of the Senate require an absolute majority to carry the third
reading of such a bill. In 1906 President Baker ruled that an
absolute majority is also required for agreement by the Senate to
amendments made by the House of Representatives to a bill initiated
in the Senate, the rationale being that otherwise all of the bill
as finally passed would not have been endorsed by an absolute
majority of the Senate. The new ruling on 12 August applied this
principle to a motion that the Senate not insist on its amendments
disagreed to by the House. The President ruled that, if this
condition were not met, the bill without the amendments could not
be said to have been passed by an absolute majority in the Senate.
The motion not to insist on the amendments was agreed to by an
absolute majority, allowing the bill to proceed.
A companion bill to insert a preamble into the Constitution was
passed without amendment, the preamble having been negotiated
between the government and the Australian Democrats.
The Referendum (Machinery Provisions) Act provides for printed
"yes" and "no" cases, circulated by the Electoral Commission, to be
authorised by a majority for those voting for and against
Constitution alteration bills. In relation to the main bill, eight
members of the House of Representatives and twelve senators,
including six of the Australian Democrats, voted against the bill.
On the preamble bill, only the Labor Party and the one independent
in the House voted against it.
Privilege: witness
The Employment, Workplace Relations, Small Business and
Education References Committee raised a matter of privilege
relating to alleged penalisation of a witness. The committee
provided correspondence indicating that a witness in its indigenous
education inquiry, who was an employee of a local government
council, had received letters from the council indicating that
action had been taken against him in direct consequence of his
evidence. The President determined on 11 August that the matter
should have precedence, and it was referred to the Privileges
Committee on the following day.
Order for production of documents
The Senate passed an order on 12 August for documents relating
to the appointment of an officer of the Civil Aviation Safety
Authority, a matter of intense controversy. The government, which
opposed the motion, has until the beginning of the next sitting
week to produce the documents.
Unanswered question: order for answer
On 12 August Senator Allison asked for an explanation of an
answer not being provided to a question on notice, but the
responsible Senate minister was absent and an explanation was not
forthcoming. Senator Allison then, in accordance with recent
practice, moved a motion for an order for the production of the
answer, with a deadline of 5 pm on the same day. The government,
caught unawares, promised that an answer would be forthcoming by
that time, but Senator Allison persisted with her motion, which was
duly passed, and the answer was produced within about 45
minutes.
Committees
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
10.8 |
Environment, Communications,
Information Technology and the Arts Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Report—Environment and Heritage
Legislation Amendment Bill 1999 |
11.8 |
Community Affairs Legislation |
Report—Australia New Zealand
Food Authority Amendment Bill 1999 |
" |
Legal and Constitutional
Legislation |
Report—Copyright Amendment
(Importation of Sound Recordings) Bill 1999 |
12.8 |
National Competition Policy
Select |
Interim Report |
" |
Finance and Public Administration
Legislation |
Report—Aboriginal Land Rights
(Northern Territory) Amendment Bill (No. 2) 1999 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Report—Tradesmen’s Rights
Regulation Repeal Bill 1999 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Report—Navigation Amendment
(Employment of Seafarers) Bill 1998 |
" |
Economics Legislation |
Report—Customs Amendment
(Warehouses) Bill 1999 and Import Processing Charges Amendment
(Warehouses) Bill 1999 |
Inquiries: Clerk's Office
(02) 6277 3364