DRAFT HOUSE MINUTES
No. 105
Monday, 21 May 2012
1 The House met, at 10 a.m., pursuant to adjournment. The Deputy Speaker (Ms A. E. Burke) took the Chair, made an acknowledgement of country and read Prayers, 10:00:20 AM.
2 PRIVATE MEMBERS MOTIONS PRESENTED BY DEPUTY SPEAKER
The Deputy Speaker presented copies of the following terms of private Members motions:
Dr Leigh Australian Public Service (see item No. 4, Minutes of Proceedings of the Federation Chamber).
Mr Frydenberg Non-government school funding (see item No. 10, Minutes of Proceedings of the Federation Chamber).
Ms Hall Aged care reform (see item No. 11, Minutes of Proceedings of the Federation Chamber).
Ms A. E. Burke Food allergies (see item No. 12, Minutes of Proceedings of the Federation Chamber).
In accordance with standing order 41(g) the motions were made orders of the day and referred to the Federation Chamber, 10:01:21 AM.
3 BILLS REFERRED TO FEDERATION CHAMBER
Mr Fitzgibbon, 10:01:48 AM, by leave, moved That the following bills be referred to the Federation Chamber for further consideration:
Health Insurance (Dental Services) 2012; and
Tax and Superannuation Laws Amendment (2012 Measures No. 1) 2012.
Question put and passed, 10:02:13 AM.
4 Petitions Standing Committee PRESENTATION OF PETITIONS AND MINISTERS RESPONSES STATEMENT BY MEMBER
Mr Murphy (Chair) presented petitions and Ministers responses to petitions previously presented to the House, 10:02:21 AM.
Mr Murphy, 10:05:24 AM, made a statement in connection with petitions.
5 Australia s Immigration Detention Network Joint Select Committee REPORT STATEMENTS BY MEMBERS MOTION TO TAKE NOTE OF DOCUMENT REFERENCE TO FEDERATION CHAMBER
Mr Melham (Chair) presented the following document:
Australia s Immigration Detention Network Joint Select Committee Inquiry into Australia s immigration detention network Final report, incorporating a dissenting report and additional comments, March 2012, 10:09:17 AM.
In accordance with standing order 39(f) the report was made a Parliamentary Paper.
Statements in connection with the report were made.
Mr Melham, 10:09:28 AM, Mr Morrison, 10:14:35 AM
The time allotted for making statements on the report having expired
Mr Melham moved That the House take note of the report, 10:19:44 AM.
In accordance with standing order 39, the debate was adjourned, and the resumption of the debate made an order of the day for the next sitting, 10:19:48 AM.
Mr Melham, by leave, moved That the order of the day be referred to the Federation Chamber for debate, 10:19:58 AM.
Question put and passed, 10:20:11 AM.
6 Public Accounts and Audit Joint Committee REPORT STATEMENTS BY MEMBERS MOTION TO TAKE NOTE OF DOCUMENT REFERENCE TO FEDERATION CHAMBER
Mr Oakeshott (Chair) presented the following document:
Public Accounts and Audit Joint Committee Report 429: Review of the 2010-11 Defence Materiel Organisation Major Projects report Report, incorporating a dissenting report, May 2012, 10:20:27 AM.
In accordance with standing order 39(f) the report was made a Parliamentary Paper.
Statements in connection with the report were made.
Mr Oakeshott, 10:20:37 AM, Mrs D'Ath, 10:25:10 AM
The time allotted for making statements on the report having expired
Mr Oakeshott moved That the House take note of the report, 10:28:28 AM.
In accordance with standing order 39, the debate was adjourned, and the resumption of the debate made an order of the day for the next sitting, 10:28:35 AM.
Mr Oakeshott, by leave, moved That the order of the day be referred to the Federation Chamber for debate, 10:28:43 AM.
Question put and passed, 10:28:56 AM.
7 Public Accounts and Audit Joint Committee REPORT STATEMENTS BY MEMBERS MOTION TO TAKE NOTE OF DOCUMENT REFERENCE TO FEDERATION CHAMBER
Mr Oakeshott (Chair) presented the following documents:
Public Accounts and Audit Joint Committee
Report 430: Review of Auditor-General s reports Nos 47 (2010-11) to 9 (2011-12) and reports Nos 10 to 23 (2011-12) Report, May 2012, 10:29:08 AM.
Executive minute on report No. 418, recommendation Nos 2 and 3, 10:29:17 AM.
In accordance with standing order 39(f) the report was made a Parliamentary Paper.
Statements in connection with the report were made.
Mr Oakeshott, 10:29:41 AM, Mrs D'Ath, 10:34:53 AM
The time allotted for making statements on the report having expired
Mr Oakeshott moved That the House take note of the report, 10:39:49 AM.
In accordance with standing order 39, the debate was adjourned, and the resumption of the debate made an order of the day for the next sitting, 10:39:56 AM.
Mr Oakeshott, by leave, moved That the order of the day be referred to the Federation Chamber for debate, 10:40:12 AM.
Question put and passed, 10:40:17 AM.
8 Australian Citizenship Amendment (Defence Service Requirement) Bill 2012
Mr Robert, pursuant to notice, presented a Bill for an Act to amend the Australian Citizenship Act 2007, and for related purposes, 10:40:32 AM.
Document
Mr Robert presented an explanatory memorandum to the bill, 10:40:36 AM.
Mr Robert made a statement in relation to the bill, 10:40:40 AM.
Bill read a first time, 10:50:14 AM.
Second reading made an order of the day for the next sitting, in accordance with standing order 41, 10:50:33 AM.
9 Do Not Knock Register Bill 2012
Mr Georganas, pursuant to notice, presented a Bill for an Act to establish a Do Not Knock Register, and for other purposes, 10:50:37 AM.
Document
Mr Georganas presented an explanatory memorandum to the bill, 10:50:40 AM.
Mr Georganas made a statement in relation to the bill, 10:50:44 AM.
Bill read a first time, 11:00:56 AM.
Second reading made an order of the day for the next sitting, in accordance with standing order 41, 11:01:08 AM.
10 australIAN economy
Mrs D Ath, pursuant to notice, moved That this House:
(1) notes that:
(a) Australia s economy is strong, resilient and out performing any comparable nation;
(b) Australia s unemployment rate of 5.2 per cent is historically low when compared to Europe and the United States;
(c) the International Monetary Fund ranks Australia s 2011 per capita GDP as sixth, ahead of 176 other nations; and
(d) Australia s government net debt as a percentage of GDP that peaked at 8.9 per cent is extremely low when compared to nations such as Japan, the United States, the United Kingdom, Germany and France; and
(2) acknowledges that:
(a) living conditions for Australians are the best in the world;
(b) Australia was ranked second in the 2011 United Nations Human Development Index;
(c) Australia was ranked first in the 2011 OECD Better Life Index; and
(d) the Australian economy is becoming a knowledge economy with the finance sector accounting for more of the total economy than mining or manufacturing, 11:01:16 AM.
Debate ensued.
Mr Briggs, 11:11:34 AM, Dr Leigh, 11:21:28 AM, Mr van Manen, 11:26:37 AM, Mr L. D. T. Ferguson, 11:31:42 AM, Mr Tudge, 11:36:53 AM, Ms Brodtmann, 11:42:02 AM, Dr Stone, 11:46:53 AM, Mr Hayes, 11:51:58 AM, Mr C. Kelly, 11:57:03 AM
Mr C. Kelly, 12:00:14 PM, addressing the House
The time allotted for private Members' business having expired, the debate was interrupted, Mr C. Kelly was granted leave to continue his speech when the debate is resumed, and the resumption of the debate made an order of the day for the next sitting.
11 STATEMENT BY MEMBER
Mr C. R. Thomson, by leave, made a statement, 12:00:39 PM., Point of order, Mr Pyne, 12:59:29 PM
Mr Pyne, 1:00:07 PM sought leave to move a motion of take note.
Mr Albanese, 1:00:19 PM
Mr Pyne, 1:01:12 PM sought leave to move a motion that the House take note of the statement.
Leave not granted.
Suspension of standing and sessional orders moved
Mr Pyne, 1:02:02 PM moved That so much of the standing and sessional orders be suspended as would prevent the Member for Sturt moving immediately That the House take note of the statement just made by the Member for Dobell.
Closure of Member moved
Mr Albanese, 1:04:29 PM moved That the Member be no longer heard.
Question put.
The House divided (the Deputy Speaker, Ms A. E. Burke, in the Chair)
AYES, 66
| Mr Adams | Mr Dreyfus | Ms King | Mr Ripoll |
| Mr Albanese | Mrs Elliot | Dr Leigh | Ms Rishworth |
| Ms Bird | Mr L. D. T. Ferguson | Ms Livermore | Ms Roxon |
| Mr Bowen | Mr M. J. Ferguson | Mr Lyons | Mr Rudd |
| Mr Bradbury | Mr Fitzgibbon | Mr McClelland | Ms Saffin |
| Ms Brodtmann | Mr Garrett | Ms Macklin | Mr Shorten |
| Mr A. S. Burke | Mr Georganas | Mr Marles | Mr Sidebottom |
| Mr Butler | Mr Gibbons | Mr Melham | Ms Smyth |
| Mr Byrne | Mr Gray | Mr Mitchell | Mr Snowdon |
| Mr Champion | Ms Grierson | Mr Murphy | Mr Swan |
| Mr Cheeseman | Mr Griffin | Mr Neumann | Mr Symon |
| Mr Clare | Ms Hall* | Mr O'Connor | Mr C. R. Thomson |
| Ms Collins | Mr Hayes | Ms O'Neill | Mr K. J. Thomson |
| Mr Combet | Mr Husic* | Ms Owens | Ms Vamvakinou |
| Mr Crean | Mr Jenkins | Ms Parke | Mr Zappia |
| Mr Danby | Mr S. P. Jones | Mr Perrett | |
| Mrs D'Ath | Dr M. J. Kelly | Ms Plibersek | |
NOES, 71
| Mr Abbott | Mr Dutton | Mr McCormack | Mr Schultz |
| Mr Alexander | Mr Entsch | Mr Macfarlane | Mr Scott |
| Mr K. J. Andrews | Mr Fletcher | Ms Marino | Mr Secker* |
| Mrs K. L. Andrews | Mr Forrest | Mrs Markus | Mr Simpkins |
| Mr Baldwin | Mr Frydenberg | Mr Matheson | Mr A. D. H. Smith |
| Mr Bandt | Ms Gambaro | Mrs Mirabella | Dr Southcott |
| Mr Billson | Mrs Griggs | Mr Morrison | Dr Stone |
| Mrs B. K. Bishop | Mr Haase | Mr Neville | Mr Tehan |
| Ms J. I. Bishop | Mr Hartsuyker | Mr Oakeshott | Mr Truss |
| Mr Briggs | Mr A. G. Hawke | Mr O'Dowd | Mr Tudge |
| Mr Broadbent | Mr Hockey | Ms O'Dwyer | Mr Turnbull |
| Mr Buchholz | Mr Hunt | Mrs Prentice | Mr van Manen |
| Mr Chester | Mr Irons | Mr Pyne | Mr Vasta |
| Mr Christensen | Mr E. T. Jones | Mr Randall | Dr Washer |
| Mr Ciobo | Mr Keenan | Mr Robb | Mr Wilkie |
| Mr Cobb | Mr C. Kelly | Mr Robert | Mr Windsor |
| Mr Coulton* | Mr Laming | Mr Wyatt Roy | Mr Wyatt |
| Mr Crook | Ms Ley | Mr Ruddock | |
* Tellers
Pairs
Ms Gillard Mr Somlyay
Ms Ellis Mrs Gash
Dr Emerson Dr Jensen
Mr S. F. Smith Mrs Moylan
Ms Rowland Mr Ramsey
And so it was negatived.[Div No. 295], 1:04:43 PM to 1:16:22 PM, Ayes 66, Noes 71
Ms J. I. Bishop, 1:16:32 PM (seconder) addressing the House
Closure of Member moved
Mr Albanese, 1:17:37 PM, moved That the Member be no longer heard.
Question put.
The House divided (the Deputy Speaker, Ms A. E. Burke, in the Chair)
AYES, 66
| Mr Adams | Mr Dreyfus | Ms King | Mr Ripoll |
| Mr Albanese | Mrs Elliot | Dr Leigh | Ms Rishworth |
| Ms Bird | Mr L. D. T. Ferguson | Ms Livermore | Ms Roxon |
| Mr Bowen | Mr M. J. Ferguson | Mr Lyons | Mr Rudd |
| Mr Bradbury | Mr Fitzgibbon | Mr McClelland | Ms Saffin |
| Ms Brodtmann | Mr Garrett | Ms Macklin | Mr Shorten |
| Mr A. S. Burke | Mr Georganas | Mr Marles | Mr Sidebottom |
| Mr Butler | Mr Gibbons | Mr Melham | Ms Smyth |
| Mr Byrne | Mr Gray | Mr Mitchell | Mr Snowdon |
| Mr Champion | Ms Grierson | Mr Murphy | Mr Swan |
| Mr Cheeseman | Mr Griffin | Mr Neumann | Mr Symon |
| Mr Clare | Ms Hall* | Mr O'Connor | Mr C. R. Thomson |
| Ms Collins | Mr Hayes | Ms O'Neill | Mr K. J. Thomson |
| Mr Combet | Mr Husic* | Ms Owens | Ms Vamvakinou |
| Mr Crean | Mr Jenkins | Ms Parke | Mr Zappia |
| Mr Danby | Mr S. P. Jones | Mr Perrett | |
| Mrs D'Ath | Dr M. J. Kelly | Ms Plibersek | |
NOES, 71
| Mr Abbott | Mr Dutton | Mr McCormack | Mr Schultz |
| Mr Alexander | Mr Entsch | Mr Macfarlane | Mr Scott |
| Mr K. J. Andrews | Mr Fletcher | Ms Marino | Mr Secker* |
| Mrs K. L. Andrews | Mr Forrest | Mrs Markus | Mr Simpkins |
| Mr Baldwin | Mr Frydenberg | Mr Matheson | Mr A. D. H. Smith |
| Mr Bandt | Ms Gambaro | Mrs Mirabella | Dr Southcott |
| Mr Billson | Mrs Griggs | Mr Morrison | Dr Stone |
| Mrs B. K. Bishop | Mr Haase | Mr Neville | Mr Tehan |
| Ms J. I. Bishop | Mr Hartsuyker | Mr Oakeshott | Mr Truss |
| Mr Briggs | Mr A. G. Hawke | Mr O'Dowd | Mr Tudge |
| Mr Broadbent | Mr Hockey | Ms O'Dwyer | Mr Turnbull |
| Mr Buchholz | Mr Hunt | Mrs Prentice | Mr van Manen |
| Mr Chester | Mr Irons | Mr Pyne | Mr Vasta |
| Mr Christensen | Mr E. T. Jones | Mr Randall | Dr Washer |
| Mr Ciobo | Mr Keenan | Mr Robb | Mr Wilkie |
| Mr Cobb | Mr C. Kelly | Mr Robert | Mr Windsor |
| Mr Coulton* | Mr Laming | Mr Wyatt Roy | Mr Wyatt |
| Mr Crook | Ms Ley | Mr Ruddock | |
* Tellers
Pairs
Ms Gillard Mr Somlyay
Ms Ellis Mrs Gash
Dr Emerson Dr Jensen
Mr S. F. Smith Mrs Moylan
Ms Rowland Mr Ramsey
And so it was negatived.[Div No. 296], 1:18:01 PM to 1:29:08 PM, Ayes 66, Noes 71
The time allowed by standing order 1 for debate on the motion for the suspension of standing orders having expired and a question not having been proposed to the House, the motion lapsed.
12 PRIVILEGE REGISTER OF MEMBERS INTERESTS
Mr Pyne, 1:29:35 PM, raised a matter of privilege relating to the register of Members interests and concerning the interests of the Member for Dobell and presented the following document:
Letter to Mrs Yvette D Ath MP, Chair, Committee of Privileges and Members Interests, from Mr Christopher Pyne MP, 21 May 2012.
13 PRIVILEGE COMPLAINT OF BREACH
Mr Albanese (Leader of the House), 1:30:01 PM raised, as a matter of privilege, a matter relating to the register of Members interests concerning the Member for Hughes and presented the following documents:
Statement of registrable interests, Mr Craig Kelly MP, 25 October 2010.
Notification of alteration of interests, Mr Craig Kelly MP, 20 December 2010.
Information, relating to Mr Craig Robert Kelly, extracted from ASIC eSearch website, accessed 21 May 2012.
www.austlii.edu.au Commonwealth Consolidated Acts Corporations Act 2001
Section 588G, accessed 21 May 2012.
Schedule 3, penalties, accessed 21 May 2012.
Point of order, Mr Pyne, 1:30:53 PM, Mr Albanese, 1:31:46 PM, Point of order, Mr Pyne, 1:31:51 PM, Mr Albanese, 1:32:14 PM, Point of order, Mr Pyne, 1:32:49 PM, Mr Albanese, 1:33:15 PM
Point of order, Mr Pyne, 1:35:59 PM, Mr Albanese, 1:36:16 PM, Point of order, Ms J. I. Bishop, 1:37:20 PM, Mr Albanese, 1:37:52 PM
The Deputy Speaker stated that the matter should be referred to the Committee of Privileges and Members Interests.
14 MESSAGE FROM THE SENATE
Message No. 355, 10 May 2012, from the Senate was reported informing the House that Senator Back had been discharged from attendance on the Joint Select Committee on Gambling Reform, 1:40:33 PM.
15 Appropriation Bill (No. 1) 2012-2013
The order of the day having been read for the resumption of the debate on the question That the bill be now read a second time, 1:40:38 PM
In accordance with the resolution agreed to on 8 May 2012, this bill is debated concurrently with Appropriation Bill (No. 2) 2012-2013, Appropriation (Parliamentary Departments) Bill (No. 1) 2012-2013, Appropriation Bill (No. 5) 2011-2012 and Appropriation Bill (No. 6) 2011-2012, 1:40:42 PM.
Debate resumed.
Mr Hockey, 1:40:47 PM
Mr Hockey, 1:45:19 PM, addressing the House
It being 1.45 p.m., the debate was interrupted in accordance with standing order 43, Mr Hockey was granted leave to continue his speech when the debate is resumed, and the resumption of the debate made an order of the day for a later hour this day.
16 MEMBERS STATEMENTS
Members statements were made.
Mrs Prentice, 1:45:24 PM, Mr Lyons, 1:46:49 PM, Mr O'Dowd, 1:48:06 PM, Ms Parke, 1:49:39 PM, Dr Southcott, 1:51:11 PM, Mr S. P. Jones, 1:52:44 PM, Mr Matheson, 1:54:15 PM, Ms Brodtmann, 1:55:31 PM, Dr Southcott, 1:56:53 PM, Mr S. P. Jones, 1:58:32 PM
17 MINISTERIAL ARRANGEMENTS
Mr Swan (Acting Prime Minister), 2:00:25 PM informed the House that, during the absence overseas of Ms Gillard (Prime Minister), he would answer questions on her behalf.
Mr Swan also informed the House that, during the absence overseas of Mr S. F. Smith (Minister for Defence), Mr Clare (Minister for Defence Materiel) would answer questions on his behalf.
Mr Swan also informed the House that, during the absence overseas of Dr Emerson (Minister for Trade and Competitiveness), Mr Crean (Minister for Regional Australia, Regional Development and Local Government and Minister for the Arts) would answer questions on his behalf.
18 QUESTIONS
(1) Mr Abbott, 2:01:23 PM, to Mr Swan (Acting Prime Minister)
Supplementary question Mr Abbott, 2:03:17 PM, to Mr Swan (Acting Prime Minister), Point of order, Mr Abbott, 2:03:58 PM, Mr Swan, 2:04:28 PM
(2) Mr Symon, 2:05:24 PM, to Mr Swan (Acting Prime Minister)
(3) Mr Hunt, 2:08:42 PM, to Mr Swan (Acting Prime Minister), Point of order, Mr Pyne, 2:10:15 PM, Mr Swan, 2:10:34 PM
(4) Mr Cheeseman, 2:11:16 PM, to Ms Macklin (Minister for Families, Community Services and Indigenous Affairs)
Supplementary question Mr Cheeseman, 2:14:29 PM, to Ms Macklin (Minister for Families, Community Services and Indigenous Affairs)
(5) Mr Hockey, 2:16:34 PM, to Mr Swan (Acting Prime Minister), Point of order, Mr Pyne, 2:18:36 PM, Mr Swan, 2:18:49 PM
Supplementary question Mr Hockey, 2:20:44 PM, to Mr Swan (Acting Prime Minister)
(6) Mr Wilkie, 2:21:26 PM, to Mr Swan (Acting Prime Minister)
(7) Ms O'Neill, 2:24:15 PM, to Mr Swan (Acting Prime Minister), Point of order, Mr Pyne, 2:27:29 PM, Point of order, Mr Pyne, 2:27:56 PM
(8) Mr Robb, 2:28:14 PM, to Mr Swan (Acting Prime Minister)
(9) Mr Perrett, 2:30:15 PM, to Mr Bradbury (Assistant Treasurer)
Supplementary question Mr Perrett, 2:33:39 PM, to Mr Bradbury (Assistant Treasurer), Point of order, Mr Pyne, 2:33:55 PM, Mr Bradbury, 2:35:00 PM
(10) Mr Morrison, 2:36:37 PM, to Mr Swan (Acting Prime Minister)
Member ordered to withdraw
Speaker ordered Mrs Mirabella to withdraw for 1 hour for interjecting, 2:38 PM, and she accordingly left the Chamber.
Mr Swan, 2:38:16 PM
(11) Mr Murphy, 2:38:23 PM, to Mr Combet (Minister for Climate Change and Energy Efficiency)
(12) Mr Pyne, 2:42:08 PM, to Mr Swan (Acting Prime Minister), Point of order, Mr Pyne, 2:44:49 PM, Mr Swan, 2:45:03 PM
(13) Ms Owens, 2:46:19 PM, to Mr Shorten (Minister for Employment and Workplace Relations)
(14) Ms J. I. Bishop, 2:49:55 PM, to Mr Swan (Acting Prime Minister), Point of order, Ms J. I. Bishop, 2:51:25 PM, Mr Swan, 2:51:33 PM
(15) Mr Lyons, 2:52:03 PM, to Mr Crean (Minister for Regional Australia, Regional Development and Local Government)
(16) Ms J. I. Bishop, 2:55:26 PM, to Mr Shorten (Minister for Employment and Workplace Relations)
(17) Mr Adams, 2:57:34 PM, to Mr O'Connor (Minister for Small Business)
(18) Mrs B. K. Bishop, 3:01:20 PM, to Mr Gray (Special Minister of State). Question out of order., Point of order, Mr Pyne, 3:01:58 PM
Mr Pyne, 3:02:45 PM sought leave to move a motion. Leave not granted.
Suspension of standing and sessional orders moved
Mr Pyne, 3:03:51 PM moved That so much of the standing and sessional orders be suspended as would prevent the Member for Sturt moving immediately That the House considers the statement made this day by the Member for Dobell especially in light of the clear indication of the House given before Question Time that the House wishes this matter to be debated.
Point of order, Mr Albanese, 3:05:24 PM, Mr Pyne, 3:05:28 PM, Point of order, Mr Albanese, 3:05:51 PM, Mr Pyne, 3:06:09 PM, Point of order, Mr Albanese, 3:07:01 PM, Mr Pyne, 3:07:21 PM
Closure of Member moved
Mr Albanese, 3:07:47 PM, moved That the Member be no longer heard.
Question put.
The House divided (the Deputy Speaker, Ms A. E. Burke, in the Chair)
AYES, 67
| Mr Adams | Mr Dreyfus | Dr M. J. Kelly | Ms Plibersek |
| Mr Albanese | Mrs Elliot | Ms King | Mr Ripoll |
| Ms Bird | Ms Ellis | Dr Leigh | Ms Rishworth |
| Mr Bowen | Mr L. D. T. Ferguson | Ms Livermore | Ms Roxon |
| Mr Bradbury | Mr M. J. Ferguson | Mr Lyons | Mr Rudd |
| Ms Brodtmann | Mr Fitzgibbon | Mr McClelland | Ms Saffin |
| Mr A. S. Burke | Mr Garrett | Ms Macklin | Mr Shorten |
| Mr Butler | Mr Georganas | Mr Marles | Mr Sidebottom |
| Mr Byrne | Mr Gibbons | Mr Melham | Ms Smyth |
| Mr Champion | Mr Gray | Mr Mitchell | Mr Snowdon |
| Mr Cheeseman | Ms Grierson | Mr Murphy | Mr Swan |
| Mr Clare | Mr Griffin | Mr Neumann | Mr Symon |
| Ms Collins | Ms Hall* | Mr O'Connor | Mr C. R. Thomson |
| Mr Combet | Mr Hayes | Ms O'Neill | Mr K. J. Thomson |
| Mr Crean | Mr Husic* | Ms Owens | Ms Vamvakinou |
| Mr Danby | Mr Jenkins | Ms Parke | Mr Zappia |
| Mrs D'Ath | Mr S. P. Jones | Mr Perrett | |
NOES, 70
| Mr Abbott | Mr Dutton | Mr Macfarlane | Mr Scott |
| Mr Alexander | Mr Entsch | Ms Marino | Mr Secker* |
| Mr K. J. Andrews | Mr Fletcher | Mrs Markus | Mr Simpkins |
| Mrs K. L. Andrews | Mr Forrest | Mr Matheson | Mr A. D. H. Smith |
| Mr Baldwin | Mr Frydenberg | Mr Morrison | Dr Southcott |
| Mr Bandt | Ms Gambaro | Mr Neville | Dr Stone |
| Mr Billson | Mrs Griggs | Mr Oakeshott | Mr Tehan |
| Mrs B. K. Bishop | Mr Haase | Mr O'Dowd | Mr Truss |
| Ms J. I. Bishop | Mr Hartsuyker | Ms O'Dwyer | Mr Tudge |
| Mr Briggs | Mr A. G. Hawke | Mrs Prentice | Mr Turnbull |
| Mr Broadbent | Mr Hockey | Mr Pyne | Mr van Manen |
| Mr Buchholz | Mr Hunt | Mr Ramsey | Mr Vasta |
| Mr Chester | Mr Irons | Mr Randall | Dr Washer |
| Mr Christensen | Mr E. T. Jones | Mr Robb | Mr Wilkie |
| Mr Ciobo | Mr Keenan | Mr Robert | Mr Windsor |
| Mr Cobb | Mr Laming | Mr Wyatt Roy | Mr Wyatt |
| Mr Coulton* | Ms Ley | Mr Ruddock | |
| Mr Crook | Mr McCormack | Mr Schultz | |
* Tellers
Pairs
Ms Gillard Mr Somlyay
Ms Rowland Mrs Moylan
Dr Emerson Mrs Gash
Mr S. F. Smith Dr Jensen
And so it was negatived.[Div No. 297], 3:07:54 PM to 3:19:22 PM, Ayes 69, Noes 70
Ms J. I. Bishop, 3:19:31 PM, (seconder).
Debate continued.
Mr Albanese, 3:19:55 PM
Closure
Mr Albanese, 3:20:36 PM, moved That the question be now put.
Question That the question be now put put and passed.
And the question That the motion for the suspension of standing and sessional orders be agreed to being accordingly put
The House divided (the Deputy Speaker, Ms A. E. Burke, in the Chair)
AYES, 70
| Mr Abbott | Mr Entsch | Mr Macfarlane | Mr Scott |
| Mr Alexander | Mr Fletcher | Ms Marino | Mr Secker* |
| Mr K. J. Andrews | Mr Forrest | Mrs Markus | Mr Simpkins |
| Mrs K. L. Andrews | Mr Frydenberg | Mr Matheson | Mr A. D. H. Smith |
| Mr Baldwin | Ms Gambaro | Mr Morrison | Dr Southcott |
| Mr Billson | Mrs Griggs | Mr Neville | Dr Stone |
| Mrs B. K. Bishop | Mr Haase | Mr Oakeshott | Mr Tehan |
| Ms J. I. Bishop | Mr Hartsuyker | Mr O'Dowd | Mr Truss |
| Mr Briggs | Mr A. G. Hawke | Ms O'Dwyer | Mr Tudge |
| Mr Broadbent | Mr Hockey | Mrs Prentice | Mr Turnbull |
| Mr Buchholz | Mr Hunt | Mr Pyne | Mr van Manen |
| Mr Chester | Mr Irons | Mr Ramsey | Mr Vasta |
| Mr Christensen | Mr E. T. Jones | Mr Randall | Dr Washer |
| Mr Ciobo | Mr Keenan | Mr Robb | Mr Wilkie |
| Mr Cobb | Mr C. Kelly | Mr Robert | Mr Windsor |
| Mr Coulton* | Mr Laming | Mr Wyatt Roy | Mr Wyatt |
| Mr Crook | Ms Ley | Mr Ruddock | |
| Mr Dutton | Mr McCormack | Mr Schultz | |
NOES, 68
| Mr Adams | Mrs D'Ath | Mr S. P. Jones | Mr Perrett |
| Mr Albanese | Mr Dreyfus | Dr M. J. Kelly | Ms Plibersek |
| Mr Bandt | Mrs Elliot | Ms King | Mr Ripoll |
| Ms Bird | Ms Ellis | Dr Leigh | Ms Rishworth |
| Mr Bowen | Mr L. D. T. Ferguson | Ms Livermore | Ms Roxon |
| Mr Bradbury | Mr M. J. Ferguson | Mr Lyons | Mr Rudd |
| Ms Brodtmann | Mr Fitzgibbon | Mr McClelland | Ms Saffin |
| Mr A. S. Burke | Mr Garrett | Ms Macklin | Mr Shorten |
| Mr Butler | Mr Georganas | Mr Marles | Mr Sidebottom |
| Mr Byrne | Mr Gibbons | Mr Melham | Ms Smyth |
| Mr Champion | Mr Gray | Mr Mitchell | Mr Snowdon |
| Mr Cheeseman | Ms Grierson | Mr Murphy | Mr Swan |
| Mr Clare | Mr Griffin | Mr Neumann | Mr Symon |
| Ms Collins | Ms Hall* | Mr O'Connor | Mr C. R. Thomson |
| Mr Combet | Mr Hayes | Ms O'Neill | Mr K. J. Thomson |
| Mr Crean | Mr Husic* | Ms Owens | Ms Vamvakinou |
| Mr Danby | Mr Jenkins | Ms Parke | Mr Zappia |
* Tellers
Pairs
Ms Gillard Mr Somlyay
Ms Rowland Mrs Moylan
Dr Emerson Mrs Gash
Mr S. F. Smith Dr Jensen
[Div No. 298], 3:21:13 PM to 3:28:01 PM, Ayes 70, Noes 68
The requirements of standing order 47(c)(ii) for an absolute majority having not been satisfied, the motion was not carried.
Personal explanation, Mr C. Kelly, 3:28:58 PM
19 DOCUMENTS MOTION TO TAKE NOTE OF DOCUMENTS
Mr Albanese, 3:30:56 PM, presented the following documents:
Foreign Investment Review Board Report for 2010-11.
Local Government (Financial Assistance) Act 1995 Report on the operation of the Act for 2008‑09.
and moved That the House take note of the documents, 3:31:03 PM.
Debate adjourned (Mr Pyne, 3:31:15 PM), and the resumption of each debate made an order of the day for the next sitting.
Mr Pyne, 3:31:26 PM sought to leave to move a motion.
Member ordered to withdraw
Speaker ordered Mrs B. K. Bishop to withdraw for 1 hour for interjecting, 3:32:44 PM. Mrs B. K. Bishop left the Chamber at 3.33 p.m.
Leave not granted to Mr Pyne to move a motion.
20 BILLS REFERRED TO FEDERATION CHAMBER
Mr Fitzgibbon, 3:34:51 PM, by leave, moved That unless otherwise ordered, at the adjournment of the House for this sitting the following bills stand referred to the Federation Chamber for further consideration:
Appropriation Bill (No. 1) 2012-2013;
Appropriation Bill (No. 2) 2012-2013;
Appropriation (Parliamentary Departments) Bill (No. 1) 2012-2013;
Appropriation Bill (No. 5) 2011-2012; and
Appropriation Bill (No. 6) 2011-2012.
Question put and passed, 3:35:42 PM.
21 SPEAKER S PANEL
The following warrant revoking a nomination of the Speaker s panel, pursuant to standing order 17, was presented:
HOUSE OF REPRESENTATIVES
Pursuant to the provisions of standing order 17, I revoke the nomination of Anthony John Crook to be a member of the Speaker s panel.
Given under my hand on 21 May 2012.
Peter Slipper
Speaker, 3:35:47 PM
22 Corporations and Financial Services Parliamentary Joint Committee REPORTS STATEMENTS BY MEMBERS MOTION TO TAKE NOTE OF DOCUMENT REFERENCE TO FEDERATION CHAMBER
Ms O Neill (Chair) presented the following documents:
Corporations and Financial Services Parliamentary Joint Committee
Inquiry into the collapse of Trio Capital Report, May 2012, 3:36:37 PM.
Statutory oversight of the Australian Securities and Investments Commission
Report, May, 3:36:42 PM.
Evidence received by the committee, 3:36:48 PM.
In accordance with standing order 39(f) the reports were made Parliamentary Papers.
Ms O'Neill, 3:37:06 PM, by leave, made a statement in connection with the reports.
Ms O'Neill, 3:49:56 PM, moved That the House take note of the report titled Inquiry into the collapse of Trio Capital.
In accordance with standing order 39, the debate was adjourned, and the resumption of the debate made an order of the day for the next sitting, 3:50:05 PM.
Ms O Neill, by leave, moved That the order of the day be referred to the Federation Chamber for debate, 3:50:17 PM.
Question put and passed, 3:50:25 PM.
23 Appropriation Bill (No. 1) 2012-2013
The order of the day having been read for the resumption of the debate on the question That the bill be now read a second time, 3:50:35 PM
In accordance with the resolution agreed to on 8 May 2012, this bill is debated concurrently with Appropriation Bill (No. 2) 2012-2013, Appropriation (Parliamentary Departments) Bill (No. 1) 2012-2013, Appropriation Bill (No. 5) 2011-2012 and Appropriation Bill (No. 6) 2011-2012, 3:51:01 PM.
Debate resumed by Mr Hockey, 3:51:15 PM who moved, as an amendment That all words after That be omitted with a view to substituting the following words: whilst not declining to give the bill a second reading, the House requests the Government to vary the resolution in relation to the Appropriation bills agreed by the House on 8 May 2012 to permit amendments to be moved and debated to Appropriation Bill (No. 2) 2012-13.
Debate continued.
Mrs D'Ath, 4:02:49 PM, Ms J. I. Bishop, 4:18:04 PM, Mr Perrett, 4:33:13 PM, Mr Truss, 4:47:57 PM, Mr Ripoll, 5:03:05 PM, Mr Robb, 5:18:18 PM, Mr Hayes, 5:33:21 PM, Mr Morrison, 5:48:31 PM, Point of order, Mr Gray, 5:59:38 PM, Mr Morrison, 5:59:46 PM, Mr Jenkins, 6:03:39 PM, Point of order, Mr Dutton, 6:07:05 PM, Mr Jenkins, 6:07:45 PM, Point of order, Mr Dutton, 6:08:45 PM, Mr Jenkins, 6:08:53 PM, Point of order, Mr Dutton, 6:12:24 PM, Mr Jenkins, 6:12:52 PM, Dr Stone, 6:18:49 PM, Mrs Elliot, 6:34:00 PM, Mrs B. K. Bishop, 6:49:07 PM, Point of order, Mr Melham, 6:55:01 PM, Mrs B. K. Bishop, 6:56:19 PM, Mr Melham, 7:04:15 PM,
Documents
Mr Albanese (Leader of the House), 7:19:20 PM, by leave, adding to a possible breach of privilege matter raised earlier, presented the following documents:
www.austlii.edu.au Administrative Decisions Tribunal of New South Wales
Valentino Franchise Pty Ltd (ACN 114 469 662) v Brookfield Multiplex WS Retail Land Owner (ACN 109 033 794) and AWPF Management Pty Ltd (ACN 114 689 146) [2011] NSWADT 143 (6 April 2011), 21 May 2012.
Brookfield Multiplex WS Retail Land Owner (ACN 109 033 794) and AWPF Management Pty Ltd (ACN 114 689 146) v Valentino Franchise Pty Ltd (CAN 114 469 662) [2011] NSWADT 184 (2 August 2011), 21 May 2012.
Ms Gambaro, 7:20:35 PM, Mr K. J. Thomson, 7:34:54 PM, Ms Marino, 7:49:26 PM
Ms Marino, 8:00:02 PM, addressing the House
It being 8 p.m., the debate was interrupted in accordance with standing order 34, Ms Marino was granted leave to continue her speech when the debate is resumed, and the resumption of the debate made an order of the day for the next sitting.
24 Solar Hot Water Rebate Bill 2012 [No. 2]
The order of the day having been read for the second reading Mr Hunt moved That the bill be now read a second time, 8:00:29 PM
Debate ensued.
Mr Dreyfus, 8:15:35 PM, Mr Irons, 8:30:42 PM, Ms Owens, 8:40:46 PM, Mr O'Dowd, 8:51:00 PM, Ms Parke, 8:56:10 PM, Mr Alexander, 9:01:08 PM, Mr S. P. Jones, 9:05:57 PM, Ms Gambaro, 9:11:09 PM, Ms Grierson, 9:15:58 PM
The time allotted for the debate having expired, the debate was interrupted, and the resumption of the debate made an order of the day for the next sitting.
25 Stillbirth
Ms A. E. Burke, pursuant to notice, moved That this House:
(1) notes that:
(a) under current State and Territory legislation, a coroner does not have the statutory and judicial authority to investigate stillbirths, nor does the legislation (except in Queensland) indicate that coronial jurisdiction extends to stillbirths; and
(b) there are discrepancies amongst State and Territory legislation over the definition of person and death ;
(2) recognises that:
(a) approximately one per cent of babies born every year in Australia are stillborn (cited from a SA stillbirth report); and
(b) for many parents, the need to understand the cause of death and further prevent other incidences occurring in the future is important; and
(3) calls on the Government to:
(a) adopt policies and protocols that are consistent amongst the States and Territories and which specifically outline the circumstances in which a stillbirth should be investigated by a coroner; and
(b) adopt policies which:
(i) provide clear and consistent definitions of person , death and stillbirth , and extend this to other relevant legislation such as the births, deaths and marriages Acts;
(ii) promote the need and development of perinatal specialists in investigations as has been recommended by independent groups such as the Australian and New Zealand Stillbirth Alliance, Perinatal Mortality Group, and Perinatal Society of Australia and New Zealand;
(iii) offer parents the opportunity to have a full and timely assessment of the factors relating to their baby s death, whilst still respecting their rights;
(iv) allow for public coronial inquiry to assist in identifying clinically important lessons from the death and contribute to research on the topic of stillbirths and early infant death; and
(v) enhance provisions that provide support and appropriate care for parents, 9:21:34 PM.
Debate ensued.
Mrs Gash, 9:26:52 PM
Mrs Gash, 9:30:06 PM, addressing the House
26 ADJOURNMENT
It being 9.30 p.m. The question was proposed That the House do now adjourn.
Debate ensued.
Mr Schultz, 9:30:18 PM, Mr K. J. Thomson, 9:35:22 PM, Mr Wyatt, 9:40:19 PM, Dr Leigh, 9:45:27 PM, Mr E. T. Jones, 9:50:21 PM, Ms Smyth, 9:55:22 PM, Ms O'Dwyer, 10:00:26 PM, Mr Hayes, 10:05:35 PM, Mr C. Kelly, 10:10:39 PM, Mr Symon, 10:15:23 PM, Mrs Mirabella, 10:20:33 PM, Mr Fitzgibbon, 10:25:42 PM
The House continuing to sit until 10.30 p.m. The Deputy Speaker adjourned the House until 2 p.m. tomorrow.
DOCUMENTS