For the sitting period 28 October-7 November 1996
ORDERS FOR PRODUCTION OF DOCUMENTS
In the last parliament (1993-95) the Senate passed 53 orders for
production of documents relating to various activities of the
previous government. It appears that the quota will be maintained
in the current parliament.
On 4 November an order for documents was passed in relation to
the awarding of the contract for the advertising campaign for the
guns buy-back program. This order was passed in the context of
allegations that the awarding of the contract had been diverted at
the instigation of the government.
On the same day the Senate took the unusual step of directing
the Legal and Constitutional Legislation Committee to hold a
further supplementary estimates hearing in relation to the same
matter. The hearing is to take place on 19 November.
A statement was made on 5 November indicating that the
government would not be able to comply with the order by the
deadline on that day, and it was also indicated that some
documents, such as cabinet documents, would not be produced. Over
succeeding days a huge volume of documents was tabled in batches by
ministers in response to the order.
Another matter of controversy concerned amendments of zoning
plans for the Great Barrier Reef Marine Park to allow fishing
experiments on parts of the reef. The government tabled on 7
November documents in anticipation of a motion, which was not
moved, calling for the production of relevant documents. The zoning
plan amendments were the subject of a disallowance motion (see
below under delegated legislation).
DELEGATED LEGISLATION
Several sets of regulations relating to immigration were
disallowed by the Senate on 7 November. The regulations
related to significant changes in immigration policy, and their
disallowance was the equivalent of the rejection of a major piece
of legislation.
A motion was moved on 6 November to disallow amendments of
zoning plans for the Great Barrier Reef Marine Park (see above
under orders for production of documents). The statutory provisions
for the disallowance of the zoning plans are unusual, in that a
motion for disallowance must be passed within 15 sitting days after
the instruments are tabled, and the instruments do not come into
effect until after the time for disallowance has passed. These
provisions have an unintended consequence in that, in most
circumstances, a new plan or an amendment of a plan could not be
brought into effect in order to overcome objections to an earlier
plan or amendment and to avoid a disallowance of the previous
instrument. Debate on the motion was adjourned to the beginning of
the next sitting period, which is still within the time for
disallowance. The responsible minister, the Minister for the
Environment and Leader of the Government in the Senate, Senator
Hill, stated in debate that he was sceptical about the fishing
experiment authorised by the zoning plan amendments, but was
persuaded by scientific advisers, and he indicated that, if the
Senate were to disallow the amendments, it would in effect be
rejecting the scientific advice.
LEGISLATION
The Workplace Relations and Other Legislation Amendment Bill
1996 is fulfilling its promise to be the most difficult piece of
legislation of the year and to surpass records set by major bills
in the past. So far, 37 hours have been spent on the bill, and 28
amendments have been agreed to out of a total of 99 moved; 698
amendments have been circulated, and there are more in preparation.
The previous record holder, the Native Title Bill 1993, occupied
nearly 52 hours of the Senate's time, but only 149 amendments were
moved to that bill, of which 119 were agreed to. An unusual feature
of the proceedings on the Workplace Relations Bill is that
amendments, 171 of them, have been circulated jointly by the
government and the Australian Democrats.
When consideration of the annual appropriation bills commenced
on 31 October an unusual step was taken of having the Deputy
President move an omnibus amendment to carry out all of the
recommendations of the legislation committees flowing from their
estimates hearings. In the past such amendments have been moved by
the chairs of the individual committees. The Deputy President moved
the omnibus amendment in his capacity as chair of the Chairs'
Committee.
The Selection of Bills Committee recommended on 7 November that
the provisions of the Euthanasia Laws Bill 1996 be referred to the
Legal and Constitutional Legislation Committee. This is the bill to
override the euthanasia law of the Northern Territory. It has not
yet been received by the Senate from the House of Representatives,
but the device of referring the provisions of such a bill to a
Senate committee is often used to avoid having to await receipt of
the bill before beginning a committee inquiry. Normally
recommendations of the Selection of Bills Committee are adopted
without debate, but on this occasion there was debate, and
amendments were moved to change the recommendation. An amendment to
avoid the referral of the bill to a committee was lost, as was an
amendment to refer it to a select committee, and the recommendation
was adopted. The committee is to report on the bill by 24 February
1997, so that it appears that the Senate will not be asked to
consider the bill until next year.
ADDRESS BY UNITED STATES PRESIDENT
The Senate agreed on 29 October to meet with the House of
Representatives in the House chamber on 20 November to hear an
address by the President of the United States. This procedure was
first adopted in 1992 on the occasion of an address by the then US
President. It was stated at that time that the procedure was
adopted on the basis that a similar honour had been granted to
Prime Minister Hawke in Washington in accordance with the custom of
the US Congress, and that granting the equivalent honour to
President Bush would not set a precedent. It was obviously felt,
however, that the same honour should be extended to President
Clinton. The question was raised whether the procedure would be
followed for any other visiting heads of state, but this question
has not been resolved. It appears, therefore, that, more or less by
accident, the Australian Houses have adopted the American practice,
at least in relation to visiting US Presidents. A suggestion that
other American practices might follow, such as the House of
Representatives acting independently of the executive, has not been
well received.
PROCEDURE COMMITTEE REPORT
The Procedure Committee presented on 4 November a report
recommending a scheme for the interpretation and application of the
third paragraph of section 53 of the Constitution, a matter on
which there have been in the past disagreements between the Senate
and the government of the day. The committee also recommended the
incorporation into the standing orders of a range of established
continuing and sessional orders governing the Senate's
procedures.
COMMITTEE REPORTS
As noted above (under orders for production of documents), the
Senate has directed the Legal and Constitutional Legislation
Committee to hold a further supplementary estimates hearing.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
30.10 |
Environment, Recreation, Communications and the
Arts Legislation |
Estimates 1996-97, Supplementary Hearings |
" |
Scrutiny of Bills |
9th Report and Alert Digest No. 10 of 1996 |
31.10 |
Employment, Education and Training
Legislation |
Additional Information, Estimates 1996-97 |
" |
Economics Legislation |
Industry Research and Development Amendment Bill
1996 |
" |
Rural and Regional Affairs and Transport
Legislation |
Importation of Cooked Chicken Meat into
Australia |
4.11 |
Procedure |
1st Report of 1996 |
6.11 |
Community Affairs Legislation |
Social Security Legislation Amendment (Budget and
Other Measures) Bill 1996 |
" |
Scrutiny of Bills |
10th Report and Alert Digest No. 11 of 1996 |
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