p. 49

paragraph 1
also US v Jefferson, US Court of Appeals, 12/11/2008, not reported (mere incidental reference to legislative acts does not amount to using them to support a prosecution)

paragraph 4, end

For a statement by President Hogg on this point, see SD, 28/8/2008, p. 3981.

after paragraph 4

A reference to the Economics Committee in 2008 required it to “call for” documents in the possession of the Western Australian government, a phrase interpreted to mean that the committee would request the state government to produce the documents (28/8/2008, J.748-9).

paragraph 1

responses by members of organisations: see also 127th report of the committee, PP 122/2006, adopted 21/6/2006, J.2328; 135th report, PP 338/2008, adopted 24/9/2008, J.940; 137th report, PP 5/2009, adopted 10/2/2009, J.1579

p. 116

paragraphs 6 and 7

The practice whereby questions could be addressed to the President was put into standing order 72 in 2009 (10/3/2009, J.1657-8).

p. 136

paragraphs 1-3

Questions to senators and to chairs of committees at question time were abolished in 2009 (10/3/2009, J.1657-8).

p. 149

paragraph 2, end

(This time limit may be extended to 20 minutes on Tuesday by leave or at the end of debate: SO 54(6), adopted 10/3/2009, J.1657-8.)

p. 177

paragraph 1, end

In 2008 a disallowance motion was brought on early by leave and then withdrawn pursuant to notice of intention under standing order 78 (15/9/2008, J.833, 16/9/2008, J.848; see chapter 15, Delegated Legislation and Disallowance, under Withdrawal of notice of motion).

paragraph 2, end

proposed rescission of disallowance motion: also 16/9/2008, J.857

p. 192

last paragraph, (c)

The 10-minute time limit may be extended to 20 minutes on Tuesday by leave or at the end of debate (SO 54(6), adopted 10/3/2009, J.1657-8).

p. 223

paragraph 5

The temporary order (no divisions after 4.30 pm on Thursdays) was put into standing order 57 in 2009 (10/3/2009, J.1657-8).

p. 239

paragraph 3

provisions of bills referred to committees in advance of their introduction into either House: 15/10/2008, J.1023-4; 14/5/2009, J.1957-8, 1966-7

paragraph 3

National Rental Affordability Scheme Bill 2008 and an associated bill, 13/11/2008, J.1213

paragraph 4, end

see also customs and excise bills, 18/3/2009, J.1761-2; Fair Work Bill 2008, 20/3/2009, J.1866-8

paragraph 3, end

also luxury car tax bills, 17/9/2008, J.872; Social Security Legislation Amendment (Employment Services Reform) Bill 2008, 4/2/2009, J.1525

paragraph 3

private senator’s bill given precedence: Urgent Relief for Single Age Pensioners Bill 2008, 22/9/2008, J.889-90; Independent Reviewer of Terrorism Laws Bill 2008, 11/11/2008, J.1131-2

after paragraph 3

On 13 May 2009 government legislation to establish the National Broadband Network was postponed until the government produced information required by an order of the Senate (13/5/2009, J.1934; 25/6/2009, J.2194).

On 23 and 25 June 2009, the non-government parties in the Senate gave precedence over the government’s Carbon Pollution Reduction Scheme legislation to several other government bills, and postponed the former to the next period of sittings, while specifying the day on which it would finally be dealt with (23/6/2009, J.2146; 25/6/2009, J.2195-8).

p. 273

after paragraph 4

Where a statute contains a standing and indefinite appropriation of money for the purposes of the statute, for example, to pay for entitlements conferred on recipients of benefits, a bill which alters the terms of the statute may lead to increased expenditure from the appropriation, but is clearly not an appropriation bill as such; if such a bill were to be so misclassified as an appropriation bill, there would be no principled way of distinguishing it from many other bills which lead to increased expenditure but do not appropriate the money.  In spite of this, the government in 2008, wishing to resist a private senator’s bill passed by the Senate, claimed that it was “unconstitutional” in extending pension entitlements, and suppressed debate on both this claim and the bill itself in the House of Representatives.  (Urgent Relief for Single Age Pensioners Bill 2008; see advice to senators, SD, 24/9/2008, pp 5528-30; see also below, under When requests are required: (c) proposed charge or burden.)

On 12 November 2008 the government circulated in the Senate government amendments to be moved to a bill, including an amendment to insert a standing appropriation into the bill.  When it was pointed out by Senate officers that moving such an amendment would involve initiating an appropriation in the Senate, the amendment was withdrawn from circulation (Same-Sex Relationships (Equal Treatment in Commonwealth Laws – Superannuation) Bill 2008).

paragraph 1, end

The purposes for which appropriations may be made, however, may yet be limited by the Constitution: Pape v Commissioner for Taxation, High Court, 7/7/2009, not yet reported.

after paragraph 5

In 2009, as part of its legislation to deal with the global financial crisis, the government presented, and the Senate passed, an amendment of the Commonwealth Inscribed Stock Act giving the government a permanent authority to borrow money by issuing bonds.  The Senate, however, amended legislation providing a Commonwealth guarantee of state and territory borrowings to require that a register of all government borrowings be established (18/6/2009, J.2111-2).

paragraph 1, end

also luxury car tax bills, SD, 22/9/2008, p. 5274; excise (condensate) bills, SD, 25/9/2008, p. 5638; road charges bills, SD, 3/12/2008, p. 7989 (government amendments circulated as amendments)

paragraph 2, end

A similar amendment was passed to the additional appropriation bills in 2009 (20/3/2009, J.1865, 1868-9).

paragraph 2

Government amendments to the Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Further 2008 Budget and other Measures) Bill 2008 were also moved as amendments on this principle (1/12/2008, J.1349-50, 1362).

paragraph 1, end

These bills were eventually rejected, after the taxes had been collected for almost a year (18/3/2009, J.1761-3, 1774-6).  Bills to validate the collection of the taxes during their first year were subsequently passed, but the government continued to collect the taxes thereafter (13/5/2009, J.1925-6).

paragraph 1, end

For an example of this, see customs and excise bills, 18/3/2009, J.1761-3, 1774-6.

paragraph 3, end

In 2008 the Community Affairs Committee was directed to hold “cross-portfolio” estimates hearings on indigenous affairs (26/8/2008, J.683).

p. 330

paragraph 6

On 24 June 2009, an Opposition senator tabled by leave ministerial directions under the Building and Construction Industry Improvement Act, and then gave notice of motion to disallow the directions, which were subsequently disallowed (24/6/2009, J.2169, 2171; 25/6/2009, J.2201-2).

after paragraph 2

For notice of a disallowance motion brought on early by leave and then withdrawn pursuant to notice of intention, see 15/9/2008, J.833, 16/9/2008, J.848.

paragraph 3, end

proposed rescission of disallowance motion: also 16/9/2008, J.857

p. 357

after paragraph 1

An unusual order passed by the Senate on 14 May 2009, in referring legislation to committees before its introduction into either House, empowered the Selection of Bills Committee to vary the references (14/5/2009, J.1957-8; 15/6/2009, J.1989-90).

paragraph 3, end

In 2008 the Community Affairs Committee was directed to hold “cross-portfolio” estimates hearings on indigenous affairs (26/8/2008, J.683).

paragraph 5

temporary substitute members of committees: this procedure was put into standing order 25 in 2009 (10/3/2009, J.1657-8).

paragraph 4

directions to committees: also 26/8/2008, J.683

paragraphs 2-5

Questions to chairs of committees were abolished in 2009 (10/3/2009, J.1657-8).

p. 444

paragraph 5

reports by the Australian Competition and Consumer Commission in response to orders: 11/2/2009, J.1594

after paragraph 5

An order passed on 25 June 2009 asked the Productivity Commission to produce a report on some aspects of the government’s Carbon Pollution Reduction Scheme legislation, and required that that report and information already in the possession of the Commission be produced (25/6/2009, J.2192-3).

p. 469

after paragraph 4

The Senate passed on 13 May 2009 an order setting out the process to be followed by public sector witnesses who believe that they have grounds for withholding information from Senate committees.  In essence, the order requires that witnesses state recognised public interest grounds for withholding information and, at the request of a committee or any senator, refer the matter to the responsible minister, who is also required to state recognised public interest grounds for any claim to withhold the information (13/5/2009, J.1941-2).

after paragraph 5

The persistence of ministers and officers in declining to answer questions at estimates hearings without properly raising recognised public interest grounds led to the resolution of the Senate of 13 May 2009 prescribing the process to be followed by public sector witnesses who believe they have grounds for withholding information (13/5/2009, J.1941-2, see above).  Observation of the resolution was not achieved at the subsequent estimates hearings, indicating a lack of understanding of the principle involved, that claims to withhold information from Senate committees require a statement of public interest grounds that can be considered by the committee and the Senate.

paragraph 1

For an example of questions in a committee about the content of legal advice, and answers provided, see Environment, Communications and the Arts Committee, estimates hearing, 23/2/2009, transcript, pp 149-52.

after paragraph 1

The claim that documents could not be produced to a committee because they were not published, a vacuous claim, as committees would not be likely to seek information already published, was repudiated in a resolution passed in February 2009 (4/2/2009, J.1541-2).

after paragraph 4

On 13 May 2009 government legislation to establish the National Broadband Network was postponed until the government produced information required by an order of the Senate (13/5/2009, J.1934; 25/6/2009, J.2194).

A resolution passed by the Senate on 17 June 2009 set out the history of attempts by the Select Committee on Fuel and Energy, supported by orders for documents passed by the Senate, to extract from the government information on computer modelling on climate change.  A further resolution on 25 June 2009 declared the government contemptuous for failing to produce this information.  This action coincided with the postponement of the government’s Carbon Pollution Reduction Scheme legislation (17/6/2009, J.2090-2; 25/6/2009, J.2189).

paragraph 3, ff

Question time: in November 2008 the Senate adopted, on a trial basis, new procedures for question time, involving a two-minute time limit on answers to primary questions, two supplementary questions allowed to the questioner, and a requirement for direct relevance in the answers (Procedure Committee, 3rd report of 2008, PP 500/2008; 13/11/2008, J.1206; 4/12/2008, J.1421).

paragraph 3

Questions to chairs of committees and other senators who are not ministers were abolished in 2009 (10/3/2009, J.1657-8).

REPORT

DATE
MATTER
REFERRED

REFERRED BY

DATE
REPORT
TABLED

FINDINGS/
RECOMMENDATIONS

ACTION
BY
SENATE

Persons referred to in the Senate – certain persons on behalf of the Exclusive Brethren Christian Fellowship (No.135) PP No. 338/2008

17/09/2008

President

24/09/2008
(J.940)

Recommendation

1. That the response by certain persons on behalf of the Exclusive Brethren be incorporated in Hansard
   
   

Report adopted 24/09/2008 (J.940)

Persons referred to in the Senate – Mr Barry Williams, President of the Lone Fathers Association of Australia Inc. (No. 136) PP No. 4/2009

3/02/2009

President

10/02/2009
(J.1579)

Recommendation

1. That the response by Mr Barry Williams be incorporated in Hansard

Report adopted 10/2/2009 (J.1579)

Persons referred to in the Senate – Mr Anthony and Mrs Brenda Bird, members of the Exclusive Brethren (No. 137) PP No. 5/2009

17/09/2008

President

10/02/2009
(J.1579)

Recommendation

1. That the response by Mr and Mrs Bird be incorporated in Hansard
   
   

Report adopted 10/2/2009 (J.1579)

DATE AND JOURNAL REFERENCE

SENATOR

              SUBJECT

RULING RE DETERMINATION OF PRECEDENCE

23.6.2009 J.2161–62

Heffernan

Whether any adverse action was taken against Mr Godwin Grech in consequence of his evidence before the Economics Legislation Committee on 19 June 2009

Given

24.6.2009 J.2181

Ludwig

Whether false or misleading evidence was given to the Economics Legislation Committee on 19 June 2009 and whether there was any improper interference with the proceedings of the committee or misleading of the committee by use of a false document

Given, but motion to refer matter to committee rejected (25/6/2009, J.2194–95)

HRD page(s) on which Senate requests appear

Date

Title of Bill and Nature of Request

How Disposed Of

8404-8407

24.9.08

Tax Laws Amendment (Luxury Car Tax) Bill 2008 — One requested amendment to reduce the luxury car tax applicable to fuel-efficient cars; one requested amendment to provide for a four-year sunset clause in relation to the indexation method; one requested amendment to specify that the tax does not apply retrospectively to contracts entered into before 7.30pm on 13 May 2008; and one requested amendment to provide exemptions for primary producers and tourism operators from the tax

Requested amendments made

8698-8699

25.9.08

Excise Legislation Amendment (Condensate) Bill 2008 — One requested amendment to change the commencement clause; three requested amendments to provide for the  determination of VOLWARE prices for condensate; three requested amendments to implement transitional arrangements for the setting of VOLWARE prices; one requested amendment to extend the period of grace applicable to licensed producers of condensate; and one requested amendment to provide a transitional period for licensing purposes

Requested amendments made

8700-8701

25.9.08

Excise Tariff Amendment (Condensate) Bill 2008 — One requested amendment to change the commencement clause; one requested amendment to remove condensate from the definition of relevant accumulation; and one requested amendment to extend the period of grace applicable to licensed producers of condensate

Requested amendments made

9487-9493

20.10.08

Family Law Amendment (De Facto Financial Matters and Other Measures) Bill 2008 –– Eight requested amendments to increase the number of individuals eligible to access the de facto property settlement and spouse maintenance regime; and 12 consequential requested amendments (both requests and amendments were made to this bill)

Requested amendments made

11050-11055

24.11.08

Same-Sex Relationships (Equal Treatment in Commonwealth Laws––Superannuation) Bill 2008 –– Two requested amendments to increase the number of individuals eligible to access reversionary superannuation benefits (both requests and amendments were made to this bill)

Requested amendments made

11250-11259

25.11.08

Same-Sex Relationships (Equal Treatment in Commonwealth Laws––General Law Reform) Bill 2008 –– Two requested amendments to increase the number of individuals eligible to access child support (both requests and amendments were made to this bill)

Requested amendments made

12690-12691

4.12.08

Road Charges Legislation Repeal and Amendment Bill 2008 –– Eight requested amendments relating to the determination of the rate of road user charge; one requested amendment to specify that the road charge is not indexed by regulation; one requested amendment to provide that the road charge is determined only once each financial year; and one requested amendment to provide for a review of the Heavy Vehicle Safety and Productivity Program

Requested amendments made

12716-12717

4.12.08

Temporary Residents’ Superannuation Legislation Amendment Bill 2008 –– Three requested amendments to make interest payable by the Commissioner of Taxation for certain unclaimed superannuation

Requested amendments made

2911-2914

17.3.09

Customs Tariff Amendment (2009 Measures No. 1) Bill 2009 –– 18 requested amendments to validate the customs duty collected on ‘alcopops’ between 27 April 2008 and royal assent

Requested amendments not made. Senate did not press requests. Bill rejected at 3rd reading

2918

17.3.09

Excise Tariff Amendment (2009 Measures No. 1) Bill 2009 –– Two requested amendments to validate the excise duty collected on ‘alcopops’ between 27 April 2008 and royal assent

Requested amendments not made. Senate did not press requests. Bill rejected at 3rd reading

3960

14.5.09

Employment and Workplace Relations Amendment Bill 2008 —Three requested amendments to make death benefits retrospectively payable to dependent children in the event of a work-related death (both requests and amendments were made to this bill)

Requested amendments made

VACANCY

APPOINTMENT

     Senator

Reason for Vacancy

Date

     Senator

   How Appointed

Date

Ellison, C.M.

Resignation

30.01.09

Back, C.J.

WA Parliament

11.03.09