For the sitting period
15-17 February 2000
Orders for documents
A response by the Minister representing the Minister for Health
and Aged Care, Senator Herron, to the Senate’s order for
documents relating to the matter of magnetic resonance imaging
machines (see Bulletin No. 138, pp 1-2) was tabled on 15 February,
having been provided to the President while the Senate was not
sitting. The response provided the report of the Health Insurance
Commission on the matter. It was indicated that cases of purchases
of the machines had been referred to the Director of Public
Prosecutions. Some documents required by the Senate’s order
were said not to exist, and the minister indicated that he required
more time to consider other documents to determine whether any
claim of public interest immunity should be made in relation to
them. This part of the response was attacked in debate. The matter
is expected to arise again, depending on the minister’s final
response.
An order for documents was made on 17 February in relation to
international climate change negotiations. The order explicitly
excludes cabinet submissions, no doubt in anticipation that a claim
of public interest immunity would be made in respect of them. It
will be interesting to see whether such a claim is made in relation
to any of the other required documents.
Ministers and parliamentary secretaries
A bill of major constitutional significance, the Ministers of
State and Other Legislation Amendment Bill 1999, was debated and
passed on 16 and 17 February. Currently parliamentary secretaries
are not paid salary because only ministers can be paid salary
without being disqualified from membership of the Parliament under
section 44 of the Constitution. In order to pay salary to
parliamentary secretaries, the bill amends the Ministers of State
Act, which prescribes the number of ministers, by providing that
parliamentary secretaries are to be appointed as ministers for
constitutional purposes, although their titles and duties remain
those of parliamentary secretaries. The bill was attacked by
Senator Harradine as a ruse and as a subversion of the
Constitution. The government produced an opinion by the
Solicitor-General suggesting that the bill will be constitutionally
valid, and on this basis, and on agreement by the Opposition with
the policy of paying parliamentary secretaries, the bill was
allowed to pass. It is just possible that it could be held to be
unconstitutional upon a challenge to the qualification of
parliamentary secretaries under sections 44 and 46 of the
Constitution, but it is unlikely that anybody will mount such a
challenge.
Other legislation: bill rejected
The Australian Capital Territory (Planning and Land Management)
Amendment Bill 1999 was rejected outright by the Senate on 16
February. The bill would have allowed leases in the Australian
Capital Territory to be for a maximum term of 999 years instead of
99 years. The bill was attacked as an indirect method of subverting
the leasehold system for land in the Territory.
Two significant government bills were the subject of successful
non-government amendments: the Health Legislation Amendment Bill
(No. 3) 1998 on 15 February, the amendments relating to reporting
of grants under the bill, and the Australian Federal Police
Legislation Amendment Bill 1999 on 16 February, the amendments
relating to treatment of information and employment decisions.
The Senate passed on 17 February a private member’s bill
received from the House of Representatives, the Adelaide Airport
Curfew Bill 1999. The bill was taken through the Senate by Senator
Chapman, who also successfully moved amendments to the bill, as did
Senator O’Brien.
Delegated legislation
The Senate disallowed on 17 February accounting standards made
under the Corporations Law. Although the standards were agreed to
by an expert body appointed under the legislation, they were not
adopted unanimously by that body, and the non-government parties
considered that they should be further reviewed because of
disagreement about whether they were sufficiently rigorous.
Also on 17 February the Regulations and Ordinances Committee
presented its annual report on delegated legislation reviewed
during the year.
Committees
The Senate on 17 February referred to the Environment,
Communications, Information Technology and the Arts References
Committee matters relating to the controversial decision by the
Australian Broadcasting Corporation to sell its news material. The
reference, which was opposed by the government, was moved by the
Opposition and amended on the motion of the Democrats.
The motion for the adoption of a Selection of Bills Committee
report was amended on 16 February on the motion of Senator
Harradine to extend the time available for report on a particular
bill.
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
15.2 |
Community Affairs References |
Additional
Information—Childbirth Procedures |
16.2 |
Scrutiny of Bills |
1st Report and Alert Digest No. 1 of
2000 |
" |
Foreign Affairs, Defence and Trade
References |
Report—Proposed Sale of ADI
Limited |
" |
Legal and Constitutional
Legislation |
Report—Customs Legislation
Amendment (Criminal Sanctions and Other Measures) Bill 1999 |
17.2 |
National Competition Policy |
Report—Riding the waves of
change |
" |
Regulations and Ordinances |
108th Report—Annual Report |
Vacancy
The resignation of Senator Parer was announced on 15 February,
with no indication of when the Queensland Parliament might appoint
a replacement.
Inquiries: Clerk's Office
(02) 6277 3364