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DRAFT HOUSE MINUTES

No. 160

Thursday, 21 March 2013

1 The House met, at 9 a.m., pursuant to adjournment. The Speaker (Ms A. E. Burke) took the Chair, made an acknowledgement of country and read Prayers, 9:00:17 AM.

2 Aviation Transport Security Amendment (Inbound Cargo Security Enhancement) Bill 2013

Mr Albanese (Minister for Infrastructure and Transport), pursuant to notice, presented a Bill for an Act to amend the Aviation Transport Security Act 2004, and for related purposes, 9:01:24 AM.

Document

Mr Albanese presented an explanatory memorandum to the bill, 9:01:29 AM.

Bill read a first time, 9:01:34 AM.

Mr Albanese moved That the bill be now read a second time, 9:01:45 AM.

Debate adjourned (Mr Chester, 9:06:37 AM), and the resumption of the debate made an order of the day for the next sitting.

3 Telecommunications Legislation Amendment (Consumer Protection) Bill 2013

Mr Albanese (Minister representing the Minister for Broadband, Communications and the Digital Economy), pursuant to notice, presented a Bill for an Act to amend legislation relating to telecommunications, and for other purposes, 9:07:05 AM.

Document

Mr Albanese presented an explanatory memorandum to the bill, 9:07:09 AM.

Bill read a first time, 9:07:15 AM.

Mr Albanese moved That the bill be now read a second time, 9:07:25 AM.

Debate adjourned (Mr Chester , 9:10:42 AM), and the resumption of the debate made an order of the day for the next sitting.

4 SUSPENSION OF STANDING ORDERS 31 AND 33

Mr Albanese (Leader of the House), 9:11:00 AM, by leave, moved That standing order 31 (automatic adjournment of the House) and standing order 33 (limit on business after normal time of adjournment) be suspended for this sitting.

Question put and passed, 9:11:28 AM.

5 Military Justice (Interim Measures) Amendment Bill 2013

Mr S. F. Smith (Minister for Defence), pursuant to notice, presented a Bill for an Act to amend the Military Justice (Interim Measures) Act (No. 1) 2009, and for related purposes, 9:11:44 AM.

Document

Mr S. F. Smith presented an explanatory memorandum to the bill, 9:11:47 AM.

Bill read a first time, 9:11:54 AM.

Mr S. F. Smith moved That the bill be now read a second time, 9:12:04 AM.

Debate adjourned (Mr Chester, 9:15:49 AM), and the resumption of the debate made an order of the day for the next sitting.

6 Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013

Mr Dreyfus (Attorney-General), pursuant to notice, presented a Bill for an Act to amend the Sex Discrimination Act 1984, and for related purposes, 9:16:09 AM.

Document

Mr Dreyfus presented an explanatory memorandum to the bill, 9:16:19 AM.

Bill read a first time, 9:16:23 AM.

Mr Dreyfus moved That the bill be now read a second time, 9:16:33 AM.

Debate adjourned (Mr Chester, 9:25:45 AM), and the resumption of the debate made an order of the day for the next sitting.

7 Public Interest Disclosure Bill 2013

Mr Dreyfus (Attorney-General), pursuant to notice, presented a Bill for an Act to facilitate disclosure and investigation of wrongdoing and maladministration in the Commonwealth public sector, and for other purposes, 9:26:25 AM.

Document

Mr Dreyfus presented an explanatory memorandum to the bill, 9:26:28 AM.

Bill read a first time, 9:26:30 AM.

Mr Dreyfus moved That the bill be now read a second time, 9:26:33 AM.

Debate adjourned (Mr Chester, 9:36:03 AM), and the resumption of the debate made an order of the day for the next sitting.

8 Aboriginal Land Rights and Other Legislation Amendment Bill 2013

Ms Macklin (Minister for Families, Community Services and Indigenous Affairs), pursuant to notice, presented a Bill for an Act to amend legislation relating to Aboriginal land rights and other legislation, and for related purposes, 9:36:29 AM.

Document

Ms Macklin presented an explanatory memorandum to the bill, 9:36:33 AM.

Bill read a first time, 9:36:38 AM.

Ms Macklin moved That the bill be now read a second time, 9:36:47 AM.

Debate adjourned (Mr Chester, 9:42:24 AM), and the resumption of the debate made an order of the day for the next sitting.

9 MESSAGE FROM THE SENATE National Disability Insurance Scheme Bill 2013

Message No. 567, 20 March 2013, from the Senate was reported returning the National Disability Insurance Scheme Bill 2013 with amendments, 9:42:40 AM.

Ms Macklin, 9:43:02 AM, moved That the amendments be considered immediately.

Question put and passed, 9:43:13 AM.

Ms Macklin, 9:43:20 AM, moved That the amendments be agreed to.

Debate ensued.

Mr K. J. Andrews, 9:45:08 AM, Mr Chester, 9:46:37 AM

Question put and passed, 9:47:12 AM.

10 MESSAGES FROM THE SENATE

Messages from the Senate, 20 March 2013, were reported returning the following bills without amendment:

No. 568 Broadcasting Legislation Amendment (Convergence Review and Other Measures) 2013.

No. 569 Television Licence Fees Amendment 2013, 9:47:35 AM.

11 Fair Work Amendment Bill 2013

Mr Shorten (Minister for Employment and Workplace Relations), pursuant to notice, presented a Bill for an Act to amend the Fair Work Act 2009, and for related purposes, 9:47:41 AM.

Document

Mr Shorten presented an explanatory memorandum to the bill, 9:47:44 AM.

Bill read a first time, 9:47:51 AM.

Mr Shorten moved That the bill be now read a second time, 9:48:00 AM.

Debate adjourned (Dr Southcott, 10:15:17 AM), and the resumption of the debate made an order of the day for the next sitting.

12 DOCUMENTS

Mrs D'Ath, 10:15:30 AM, presented the. following documents:

Climate Change Authority Renewable Energy Target Review

Final report, December 2012.

Government response.

13 Referendum (Machinery Provisions) Amendment Bill 2013

Mr Gray (Special Minister of State), pursuant to notice, presented a Bill for an Act to amend the Referendum (Machinery Provisions) Act 1984, and for related purposes, 10:16:05 AM.

Document

Mr Gray presented an explanatory memorandum to the bill, 10:16:09 AM.

Bill read a first time, 10:16:20 AM.

Mr Gray moved That the bill be now read a second time, 10:16:30 AM.

Debate adjourned (Dr Southcott, 10:20:15 AM), and the resumption of the debate made an order of the day for the next sitting.

14 NEW FORENSIC FACILITY AT MAJURA, AUSTRALIAN CAPITAL TERRITORY APPROVAL OF WORK

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: New forensic facility at Majura, Australian Capital Territory, 10:20:35 AM.

Question put and passed, 10:22:06 AM.

15 NEW NATIONAL ARCHIVES PRESERVATION FACILITY FOR THE NATIONAL ARCHIVES OF AUSTRALIA AT MITCHELL, AUSTRALIAN CAPITAL TERRITORY APPROVAL OF WORK

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: New National Archives preservation facility for the National Archives of Australia at Mitchell, Australian Capital Territory, 10:22:19 AM.

Question put and passed, 10:24:43 AM.

16 THE AUSTRALIAN NUCLEAR SCIENCE AND TECHNOLOGY ORGANISATION NUCLEAR MEDICINE PROJECT APPROVAL OF WORK

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: The Australian Nuclear Science and Technology Organisation nuclear medicine project, 10:24:56 AM.

Question put and passed, 10:27:57 AM.

17 THE AUSTRALIAN WAR MEMORIAL REDEVELOPMENT OF THE FIRST WORLD WAR GALLERIES APPROVAL OF WORK

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, it is expedient to carry out the following proposed work which was referred to the Parliamentary Standing Committee on Public Works and on which the committee has duly reported to Parliament: The Australian War Memorial redevelopment of the First World War galleries, 10:28:03 AM.

Question put and passed, 10:29:10 AM.

18 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Air Warfare Destroyer Ship sustainment facilities at Garden Island, Randwick Barracks and HMAS Watson in Sydney, New South Wales

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Air Warfare Destroyer Ship sustainment facilities at Garden Island, Randwick Barracks and HMAS Watson in Sydney, New South Wales, 10:29:23 AM.

Question put and passed, 10:31:57 AM.

19 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Air 9000 Phase 8 MH-60R Seahawk Romeo facilities project

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: AIR 9000 Phase 8 MH-60R Seahawk Romeo facilities project, 10:32:08 AM.

Question put and passed, 10:34:29 AM.

20 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Australian Broadcasting Corporation Melbourne accommodation project, Southbank, Victoria

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Australian Broadcasting Corporation Melbourne accommodation project, Southbank, Victoria, 10:34:37 AM.

Question put and passed, 10:36:43 AM.

21 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Defence Science and Technology Organisation Human Protection Performance Division security and facilities upgrade, Fishermans Bend, Melbourne, VICTORIA

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Defence Science and Technology Organisation Human Protection Performance Division security and facilities upgrade, Fishermans Bend, Melbourne, Victoria, 10:36:58 AM.

Question put and passed, 10:38:49 AM.

22 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Landing Helicopter Dock Ship sustainment facilities at Garden Island and Randwick Barracks in Sydney, New South Wales

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Landing Helicopter Dock Ship sustainment facilities at Garden Island and Randwick Barracks in Sydney, New South Wales, 10:38:58 AM.

Question put and passed, 10:42:15 AM.

23 PUBLIC WORKS PARLIAMENTARY STANDING COMMITTEE REFERENCE OF WORK Infrastructure and upgrade works to establish a Regional Processing Centre on Manus Island, Papua New Guinea

Mr Gray (Special Minister of State), pursuant to notice, moved That, in accordance with the provisions of the Public Works Committee Act 1969, the following proposed work be referred to the Parliamentary Standing Committee on Public Works for consideration and report: Infrastructure and upgrade works to establish a Regional Processing Centre on Manus Island, Papua New Guinea, 10:42:35 AM.

Question put and passed, 10:43:31 AM.

24 PUBLICATIONS COMMITTEE REPORT

Mr Hayes (Chair), 10:43:44 AM presented the following document:

PUBLICATIONS COMMITTEE REPORT

The Publications Committee reports that it has met in conference with the Publications Committee of the Senate.

The Committee, having considered documents presented to Parliament since 28 February 2013, recommends that the following be made Parliamentary Papers:

Australian Competition and Consumer Commission Reports for 2011-12 Report 1: Telecommunications competitive safeguards; Report 2: Changes in the prices paid for telecommunications services in Australia.

Australian Fisheries Management Authority Report for 2011-12.

Foreign Investment Review Board Report for 2011-12.

Innovation Australia Report for 2011-12.

Productivity Commission Report No. 59 Barriers to effective climate change adaptation, 19 September 2012.

Sydney Harbour Federation Trust Report for 2011-12 Erratum.

Wreck Bay Aboriginal Community Council Report for 2011-12.

CHRIS HAYES

Chair

21 March 2013

25 PRIVILEGES AND MEMBERS INTERESTS COMMITTEE DOCUMENT

Ms Roxon (Chair) presented the following document:

Privileges and Members Interests Committee Register of Members Interests for the 43rd Parliament Notifications of alterations of interests received during the period 29 November 2012 to 20 March 2013, 10:44:31 AM.

26 Corporations and Financial Services Parliamentary Joint Committee REPORT STATEMENTS BY MEMBERS

Ms O Neill (Chair) presented the following document:

Corporations and Financial Services Parliamentary Joint Committee Family businesses in Australia Different and significant: Why they shouldn t be overlooked Report, March 2013, 10:44:46 AM.

In accordance with standing order 39(f) the report was made a Parliamentary Paper.

27 Environment Protection and Biodiversity Conservation Amendment Bill 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, 10:45:21 AM

Debate resumed.

Point of order, Mr Garrett, 10:45:32 AM

Ms Hall, 10:46:08 AM, Mr Chester, 11:00:51 AM, Mr C. R. Thomson, 11:15:58 AM, Mr McCormack, 11:31:02 AM, Mr Windsor, 11:46:09 AM, Mr Perrett, 12:01:10 PM, Mr Oakeshott, 12:09:09 PM

Mr Fitzgibbon, 12:17:00 PM, by indulgence, made a statement in relation to the statement being made in the Great Hall today in relation to the apology.

Mr Oakeshott 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:

(1) acknowledges:

(a) deep concern in several communities, such as the Gloucester Valley, where approvals have been made in the middle of recent immature and ad hoc planning laws being changed or updated;

(b) the ongoing failure of state planning laws that have forced the Commonwealth to become more involved in land law, and that the Commonwealth Minister and this Parliament continue to advocate to all States and Territories the importance and value of ecosystem and landscape management over the coming century;

(c) the anomalies in various planning laws that disempower communities, particularly the way various provisions in various mining acts override local government planning powers; and

(d) the low planning value currently placed on the cost/benefit of population health; and

(2) strongly urges companies involved, and Governments involved, to reconsider some of these questionable recent approvals based on the four reasons above.

Seconded proforma Mr Wilkie.

Question That the amendment be agreed to.

Mr Fitzgibbon, 12:19:13 PM, Mr M. J. Ferguson, 12:24:13 PM, Mr A. S. Burke, 12:30:06 PM

In accordance with standing order 121(d) Mr Oakeshott, by leave, withdrew the amendment, 12:30:31 PM.

Question put and passed bill read a second time, 12:31:05 PM.

Consideration in detail

Bill, by leave, taken as a whole, 12:31:20 PM.

Document

Mr A. S. Burke, 12:31:30 PM, presented a supplementary explanatory memorandum to the bill.

Mr A. S. Burke, 12:31:50 PM, by leave, moved Government amendments (1) to (6) together.

Debate continued

Mr Hunt, 12:32:54 PM

Question That the amendments be agreed to put and passed.

Mr Windsor, by leave, moved amendments (1) and (2) together, 12:34:28 PM.

Question That the amendments be agreed to put, 12:34:43 PM.

The House divided (the Speaker, Ms A. E. Burke, in the Chair)

AYES, 74

Mr Albanese

Ms Ellis

Ms King

Ms Rishworth

Mr Bandt

Dr Emerson

Dr Leigh

Ms Rowland

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

Ms Gillard

Mr Mitchell

Mr Snowdon

Mr Champion

Mr Gray

Mr Murphy

Mr Swan

Mr Cheeseman

Ms Grierson

Mr Neumann

Mr Symon

Mr Clare

Mr Griffin

Mr Oakeshott

Mr C. R. Thomson

Ms Collins

Ms Hall

Mr O'Connor

Mr K. J. Thomson

Mr Combet

Mr Hayes

Ms O'Neill

Ms Vamvakinou

Mr Crean

Mr Husic*

Ms Owens

Mr Wilkie

Mr Danby

Mr Jenkins

Ms Parke

Mr Windsor

Mrs D'Ath

Mr S. P. Jones

Mr Perrett

Mr Zappia

Mr Dreyfus

Mr Katter

Ms Plibersek

Mrs Elliot

Dr M. J. Kelly

Mr Ripoll

NOES, 71

Mr Abbott

Mr Entsch*

Mr McCormack

Mr Ruddock

Mr Alexander

Mr Fletcher

Mr Macfarlane

Mr Schultz

Mr K. J. Andrews

Mr Frydenberg

Ms Marino

Mr Scott

Mrs K. L. Andrews

Ms Gambaro

Mrs Markus

Mr Simpkins

Mr Baldwin

Mrs Gash

Mr Matheson

Mr Slipper

Mr Billson

Mrs Griggs

Mrs Mirabella

Mr A. D. H. Smith

Mrs B. K. Bishop

Mr Haase

Mr Morrison

Mr Somlyay

Ms J. I. Bishop

Mr Hartsuyker

Mrs Moylan

Dr Southcott

Mr Briggs

Mr A. G. Hawke

Mr Neville

Dr Stone

Mr Broadbent

Mr Hockey

Mr O'Dowd

Mr Tehan

Mr Buchholz

Mr Hunt

Ms O'Dwyer

Mr Truss

Mr Chester

Mr Irons

Mrs Prentice

Mr Tudge

Mr Christensen

Dr Jensen

Mr Pyne

Mr Turnbull

Mr Ciobo

Mr E. T. Jones

Mr Ramsey

Mr van Manen

Mr Cobb

Mr Keenan

Mr Randall

Mr Vasta

Mr Coulton*

Mr C. Kelly

Mr Robb

Dr Washer

Mr Crook

Mr Laming

Mr Robert

Mr Wyatt

Mr Dutton

Ms Ley

Mr Wyatt Roy

* Tellers

Pairs

Mr S. F. Smith Mr Secker

Mr Adams Mr Forrest

And so it was resolved in the affirmative. [Div No. 435], 12:34:49 PM to 12:43:54 PM, Ayes 74, Noes 71

Bill, as amended, agreed to, 12:44:22 PM.

Consideration in detail concluded.

On the motion of Mr A. S. Burke, 12:44:34 PM, by leave, the bill was read a third time, 12:44:44 PM.

28 NATIONAL APOLOGY FOR FORCED ADOPTIONS AND REMOVAL POLICIES AND PRACTICES

Mr Dreyfus (Attorney-General), by leave, moved That the House support the apology given earlier today by the Prime Minister to people affected by forced adoption and removal policies and practices in the following terms:

Today, this Parliament, on behalf of the Australian people, takes responsibility and apologises for the policies and practices that forced the separation of mothers from their babies, which created a lifelong legacy of pain and suffering.

We acknowledge the profound effects of these policies and practices on fathers.

And we recognise the hurt these actions caused to brothers and sisters, grandparents, partners and extended family members.

We deplore the shameful practices that denied you, the mothers, your fundamental rights and responsibilities to love and care for your children. You were not legally or socially acknowledged as their mothers. And you were yourselves deprived of care and support.

To you, the mothers who were betrayed by a system that gave you no choice and subjected you to manipulation, mistreatment and malpractice, we apologise.

We say sorry to you, the mothers who were denied knowledge of your rights, which meant you could not provide informed consent. You were given false assurances. You were forced to endure the coercion and brutality of practices that were unethical, dishonest and in many cases illegal.

We know you have suffered enduring effects from these practices forced upon you by others. For the loss, the grief, the disempowerment, the stigmatisation and the guilt, we say sorry.

To each of you who were adopted or removed, who were led to believe your mother had rejected you and who were denied the opportunity to grow up with your family and community of origin and to connect with your culture, we say sorry.

We apologise to the sons and daughters who grew up not knowing how much you were wanted and loved.

We acknowledge that many of you still experience a constant struggle with identity, uncertainty and loss, and feel a persistent tension between loyalty to one family and yearning for another.

To you, the fathers, who were excluded from the lives of your children and deprived of the dignity of recognition on your children s birth records, we say sorry. We acknowledge your loss and grief.

We recognise that the consequences of forced adoption practices continue to resonate through many, many lives. To you, the siblings, grandparents, partners and other family members who have shared in the pain and suffering of your loved ones or who were unable to share their lives, we say sorry.

Many are still grieving. Some families will be lost to one another forever. To those of you who face the difficulties of reconnecting with family and establishing on-going relationships, we say sorry.

We offer this apology in the hope that it will assist your healing and in order to shine a light on a dark period of our nation s history.

To those who have fought for the truth to be heard, we hear you now. We acknowledge that many of you have suffered in silence for far too long.

We are saddened that many others are no longer here to share this moment. In particular, we remember those affected by these practices who took their own lives. Our profound sympathies go to their families.

To redress the shameful mistakes of the past, we are committed to ensuring that all those affected get the help they need, including access to specialist counselling services and support, the ability to find the truth in freely available records and assistance in reconnecting with lost family.

We resolve, as a nation, to do all in our power to make sure these practices are never repeated. In facing future challenges, we will remember the lessons of family separation. Our focus will be on protecting the fundamental rights of children and on the importance of the child s right to know and be cared for by his or her parents.

With profound sadness and remorse, we offer you all our unreserved apology, 12:45:14 PM.

Debate ensued.

Mr Irons, 12:58:20 PM

Debate adjourned (Mr A. S. Burke), and the resumption of the debate made an order of the day for a later hour this day, 1:10:46 PM.

Mr A. S. Burke, 1:10:50 PM, by leave, moved That the resumption of debate on the motion relating to the national apology for forced adoptions and removal policies and practices be referred to the Federation Chamber for debate.

Question put and passed, 1:11:05 PM.

29 Superannuation Legislation Amendment (Reform of Self Managed Superannuation Funds Supervisory Levy Arrangements) Bill 2013 REPORT FROM FEDERATION CHAMBER

The Speaker reported that the bill had been fully considered by the Federation Chamber and agreed to without amendment, and presented a certified copy of the bill, 1:11:08 PM.

Bill agreed to, 1:11:30 PM.

On the motion of Mr Butler, 1:11:38 PM, by leave, the bill was read a third time, 1:12:05 PM.

30 POSTPONEMENT OF BUSINESS

Mr Butler, 1:12:21 PM, moved That business intervening before order of the day No. 11, government business, be postponed until a later hour this day.

Question put and passed, 1:12:31 PM.

31 Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012

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, 1:12:34 PM

Debate resumed.

Mr Billson, 1:12:51 PM

Debate adjourned (Mr Albanese, 1:27:45 PM), and the resumption of the debate made an order of the day for a later hour this day.

32 DISCHARGE OF ORDERS OF THE DAY

Mr Albanese, 1:27:53 PM, by leave, moved That orders of the day Nos 2 to 5, government business, be discharged.

Debate ensued.

Mr Turnbull, 1:28:51 PM, Point of order, Mr Albanese, 1:34:27 PM, Mr Katter, 1:34:46 PM, Mr Albanese, 1:43:05 PM

Question put and passed, 1:43:13 PM.

33 Superannuation Legislation Amendment (Service Providers and Other Governance Measures) Bill 2012

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, 1:43:35 PM

Debate resumed.

Ms O'Neill, 1:43:38 PM

Ms O'Neill, 1:45:09 PM, addressing the House

It being 1.45 p.m., the debate was interrupted in accordance with standing order 43, Ms O'Neill 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 a later hour this day.

34 MEMBERS STATEMENTS

Members statements were made.

Mr O'Dowd, 1:45:17 PM, Mr Lyons, 1:46:29 PM, Mr Christensen, 1:47:55 PM, Ms O'Neill, 1:49:27 PM, Mr Chester, 1:50:52 PM, Ms Brodtmann, 1:52:24 PM, Ms O'Dwyer, 1:53:59 PM, Mr Lyons, 1:55:30 PM, Mr C. Kelly, 1:56:58 PM, Ms Rowland, 1:58:34 PM

Ms Gillard, 2:00:58 PM notified the House of Ministerial arrangements.

35 QUESTIONS

(1) Mr Abbott, 2:01:39 PM, to Ms Gillard (Prime Minister)

Supplementary question Mr Abbott, 2:04:53 PM, to Ms Gillard (Prime Minister)

Supplementary question Mr Abbott, 2:06:58 PM, to Ms Gillard (Prime Minister)

Distinguished visitor announced, 2:08:58 PM

Suspension of standing and sessional orders moved

Mr Abbott, 2:09:51 PM, moved That so much of the standing and sessional orders be suspended as would prevent the Member for Warringah moving immediately That this House declares no confidence in the Prime Minister.

Debate ensued.

Ms J. I. Bishop, 2:19:58 PM, Ms Gillard, 2:25:03 PM

The time allowed by standing order 1 for debate on the motion having expired

Question put, 2:35:12 PM.

The House divided (the Speaker, Ms A. E. Burke, in the Chair)

AYES, 73

Mr Abbott

Mr Fletcher

Ms Marino

Mr Scott

Mr Alexander

Mr Frydenberg

Mrs Markus

Mr Simpkins

Mr K. J. Andrews

Ms Gambaro

Mr Matheson

Mr A. D. H. Smith

Mrs K. L. Andrews

Mrs Gash

Mrs Mirabella

Mr Somlyay

Mr Baldwin

Mrs Griggs

Mr Morrison

Dr Southcott

Mr Billson

Mr Haase

Mrs Moylan

Dr Stone

Mrs B. K. Bishop

Mr Hartsuyker

Mr Neville

Mr Tehan

Ms J. I. Bishop

Mr A. G. Hawke

Mr Oakeshott

Mr Truss

Mr Briggs

Mr Hockey

Mr O'Dowd

Mr Tudge

Mr Broadbent

Mr Hunt

Ms O'Dwyer

Mr Turnbull

Mr Buchholz

Mr Irons

Mrs Prentice

Mr van Manen

Mr Chester

Dr Jensen

Mr Pyne

Mr Vasta

Mr Christensen

Mr E. T. Jones

Mr Ramsey

Dr Washer

Mr Ciobo

Mr Keenan

Mr Randall

Mr Wilkie

Mr Cobb

Mr C. Kelly

Mr Robb

Mr Windsor

Mr Coulton*

Mr Laming

Mr Robert

Mr Wyatt

Mr Crook

Ms Ley

Mr Wyatt Roy

Mr Dutton

Mr McCormack

Mr Ruddock

Mr Entsch*

Mr Macfarlane

Mr Schultz

NOES, 71

Mr Albanese

Ms Ellis

Ms King

Ms Rishworth

Mr Bandt

Dr Emerson

Dr Leigh

Ms Rowland

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

Mr Slipper

Mr Champion

Ms Gillard

Mr Mitchell

Mr S. F. Smith

Mr Cheeseman

Mr Gray

Mr Murphy

Ms Smyth

Mr Clare

Ms Grierson

Mr Neumann

Mr Snowdon

Ms Collins

Mr Griffin

Mr O'Connor

Mr Swan

Mr Combet

Ms Hall

Ms O'Neill

Mr Symon

Mr Crean

Mr Hayes

Ms Owens

Mr C. R. Thomson

Mr Danby

Mr Husic*

Ms Parke

Mr K. J. Thomson

Mrs D'Ath

Mr Jenkins

Mr Perrett

Ms Vamvakinou

Mr Dreyfus

Mr S. P. Jones

Ms Plibersek

Mr Zappia

Mrs Elliot

Dr M. J. Kelly

Mr Ripoll

* Tellers

Pairs

Mr Adams Mr Forrest

Mr Byrne Mr Secker

The requirements of standing order 47(c)(ii) for an absolute majority having not been satisfied, the motion was not carried.

[Div No. 436], 2:35:23 PM to 2:42:04 PM, Ayes 73, Noes 71

36 SELECTION COMMITTEE REPORT

The Speaker presented the following document:

Selection Committee Report No. 78 relating to private Members business and the consideration of bills introduced 18 to 21 March 2013, 2:43:02 PM.

37 LEAVE OF ABSENCE TO ALL MEMBERS

Mr Albanese (Leader of the House), 2:43:15 PM moved That leave of absence be given to every Member of the House of Representatives from the determination of this sitting of the House to the date of its next sitting.

Debate ensued.

Mr Pyne, 2:43:43 PM, Mr Hockey, 2:48:17 PM, Mr Truss, 2:54:51 PM, Mr Morrison, 3:01:54 PM, Mr Hunt, 3:09:41 PM, Mr Hunt, 3:14:29 PM sought leave to table a document. Leave not granted, Mr Hunt, 3:14:40 PM, Mr Jenkins, 3:16:47 PM, Mrs Mirabella, 3:29:09 PM, Mr Billson, 3:44:16 PM, Mr Dutton, 3:59:24 PM, Mr K. J. Andrews, 4:12:51 PM, Mr Albanese, 4:17:08 PM

Question put and passed, 4:17:19 PM.

38 MESSAGES FROM THE SENATE

Messages from the Senate, 21 March 2013, were reported returning the following bills without amendment:

No. 570 Australian Capital Territory (Self-Government) Amendment Bill 2013.

No. 571 Export Finance and Insurance Corporation Amendment (Finance) Bill 2013.

No. 572 Higher Education Support Amendment (Further Streamlining and Other Measures) Bill 2013, 4:17:33 PM.

39 DOCUMENTS MOTION TO TAKE NOTE OF DOCUMENTS

Mr Albanese (Leader of the House) presented the following documents:

Aboriginal and Torres Strait Islander Affairs House of Representatives Standing Committee Our land, our languages: Language learning in Indigenous communities Status of Government response.

ASC Pty Ltd Statement of corporate intent for 2012-15, 4:17:47 PM.

and moved That the House take note of the documents, 4:17:50 PM.

Debate adjourned (Mr Pyne, 4:18:05 PM), and the resumption of each debate made an order of the day for the next sitting.

Mr Pyne, 4:18:29 PM, by indulgence, made a statement in relation to the business of the House.

41 ADJOURNMENT

Mr Albanese, 4:19:06 PM, moved That the House do now adjourn.

Question put and passed, 4:19:14 PM.

And then the House, at 4.19 p.m., adjourned until 2 p.m. on Tuesday, 14 May 2013.

DOCUMENTS

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