For the sitting periods
21-30 June 1999
Legislation
There was a concentration during this sitting period on passing
major packages of government legislation.
The telecommunications package, including the bill to authorise
the sale of a further 16 per cent of Telstra, was finally passed on
21 June with amendments, reflecting the fact that the government
had secured a majority for that further sell-off.
The New Tax System package was finally passed on 28 June with
extensive amendments reflecting the agreement between the
government and the Australian Democrats on the modified version of
the government’s scheme, although some other non-government
amendments were also agreed to.
The Environment Protection and Biodiversity Conservation Bill
1999, which is designed to consolidate and overhaul federal
environmental law, was not only a voluminous bill but gave rise to
perhaps the largest volume of amendments made by the Senate to a
single bill, mainly reflecting agreements reached between the
government and the Australian Democrats. The bill was passed on 23
June.
A large number of non-controversial bills was passed, some of
which were subjected to significant amendment. For example, the
Criminal Code Amendment (Slavery and Sexual Servitude) Bill 1999
was amended on the motion of Senator Margetts (Greens, Western
Australia), one of her last contributions to legislation before she
retired from the Senate.
The annual appropriation bills were also passed, but not without
some controversy about the responsiveness to questions of the
Minister for Regional Services, Territories and Local Government,
Senator Ian Macdonald (see also below, under Estimates:
supplementary report).
The Chair of Committees was obliged to make several statements
drawing attention to amendments improperly framed as requests by
the government drafters. Some genuine requests, however, remained
to some bills. All of the Senate’s amendments were accepted
by the government in the House of Representatives.
The major bills were the subject of "civilised guillotines",
with arrangements made to ensure that non-government amendments
were dealt with when allocated times had expired. The resolutions
allotting times were complex, employing a combination of quantums
of time and fixed starting and conclusion times. This was largely
influenced by the desire of all senators to ensure that the Senate
adjourned before midnight on 30 June when the retiring
senators’ terms ended and the terms of newly-elected senators
began.
Estimates: supplementary report
The Rural and Regional Affairs and Transport Legislation
Committee took the unusual step of tabling on 30 June a
supplementary report on its examination of the annual estimates.
The report deals with the refusal by the Minister for Regional
Services, Territories and Local Government, Senator Ian Macdonald,
to answer certain questions during the hearings. The report
recommends a reference to the Procedure Committee on the scope of
questions in estimates hearings, while an addendum by the Labor
Party senators severely criticises the minister. The report
includes advices provided by the Clerk suggesting that all
questions relating to the expenditure and activities of departments
and agencies are relevant questions in estimates hearings, and that
ministers do not have a discretion to refuse to answer questions
but do so only in the context of properly raised claims of public
interest immunity on stated grounds. The report was not considered
by the Senate.
Qualification of senator
The President tabled on 24 June the judgment of the High Court
sitting as the Court of Disputed Returns on the matter of the
qualification of Senator elect Heather Hill. The court found that
Senator elect Hill had not been validly elected because her
unrenounced British nationality amounted to acknowledgment of
allegiance to a foreign power within the meaning of section 44 of
the Constitution. The Court ordered a recount of ballot papers to
determine who was validly elected in her place. The Court, by a
majority, rejected an argument that the petitioning process for
disputing returns under section 353 of the Commonwealth Electoral
Act does not confer jurisdiction on the Court to determine
constitutional qualifications.
Parliamentary privilege
The Privileges Committee presented on 22 June its 76th report.
This is a general report on the activities of the committee with a
summary of its findings in earlier cases and a compendium of
relevant documentation. It is accompanied by a volume of advices
provided to the committee by the Clerk.
The Committee tabled on 28 June responses by persons referred to
in the Senate which were significant in that the persons concerned
were foreigners, academics of the controversial Greenwich
University.
Legislative scrutiny committees
The Regulations and Ordinances Committee presented on 28 and 30
June a special report on its scrutiny of Great Barrier Reef Zoning
Plans, a form of instrument which has presented particular
difficulties, a report on ministerial undertakings in relation to
delegated legislation, a report on regulation impact statements and
its regular end-of-sittings report on its activities.
The Scrutiny of Bills Committee presented on 30 June its regular
report on its work.
Dividing the question
The President made a ruling on 23 June on the provision in
standing order 84 whereby the Chair may divide a question. The
President ruled that, while a question is normally divided at the
request of any senator, the Chair has a discretion to refuse to
divide a question and may so refuse if not satisfied that it is
necessary for the purpose of allowing senators to vote differently
on different parts of a question. There was an apprehension that
requests for questions to be divided could be used to delay
proceedings on bills where there are many amendments and therefore
potentially many questions to be put.
Republic Bill
Senator Murray introduced on 30 June a bill to provide that, at
the same time as the government’s Constitution Alteration
(Establishment of Republic) Bill 1999 is put to a referendum, the
electors would be asked whether they would prefer to have an
elected head of state. He also gave notice of a motion to have his
bill dealt with at the same time as the government bill. It is
expected that the republic legislation will be considered by the
Senate in the first week of the next sittings beginning on 9
August.
Committees
The following committee reports were presented during the
period:
Date tabled |
Committee |
Title |
22.6 |
Privileges |
76th Report—Precedents,
Procedures and Practice in the Australian Senate 1966-1999 |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Economics Legislation |
Report—Superannuation
Legislation Amendment Bill (No. 3) 1999 |
" |
Community Affairs Legislation |
Report of the committee on its
1999-2000 estimates hearings |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Report of the committee on its
1999-2000 estimates hearings |
" |
Environment, Communications,
Information Technology and the Arts Legislation |
Report of the committee on its
1999-2000 estimates hearings |
" |
Finance and Public Administration
Legislation |
Report of the committee on its
1999-2000 estimates hearings |
" |
Foreign Affairs, Defence and Trade
Legislation |
Report of the committee on its
1999-2000 estimates hearings |
" |
Legal and Constitutional
Legislation |
Report of the committee on its
1999-2000 estimates hearings |
28.6 |
Economics Legislation |
Report—Estimates 1999-2000 |
" |
Scrutiny of Bills |
10th Report and Alert Digest No. 9 of
1999 |
" |
Economics Legislation |
Report—Textile, Clothing and
Footwear Strategic Investment Program Bill 1999 |
" |
Regulations and Ordinances |
Scrutiny of Great Barrier Reef Zoning
Plans |
" |
Regulations and Ordinances |
Ministerial Undertakings |
" |
Regulations and Ordinances |
Regulation Impact Statements |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Estimates 1999-2000 |
" |
Privileges |
77th Report—Persons referred to
in the Senate |
" |
Employment, Education and Training
Legislation |
Additional
Information—Additional Estimates 1997-98 |
" |
Employment, Workplace Relations, Small
Business and Education Legislation |
Additional Information—Estimates
1998-99 |
28.6 |
Employment, Workplace Relations, Small
Business and Education Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Finance and Public Administration
Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Foreign Affairs, Defence and Trade
Legislation |
Additional
Information—Additional Estimates 1998-99 |
" |
Legal and Constitutional
Legislation |
Additional
Information—Additional Estimates 1998-99 |
30.6 |
Rural and Regional Affairs and
Transport Legislation |
Supplementary Report—Estimates
1999-2000 |
" |
Rural and Regional Affairs and
Transport Legislation |
Report—Petroleum Retail
Legislation Repeal Bill 1998 |
" |
Foreign Affairs, Defence and Trade
References |
Report—Indian and Pakistani
Nuclear Tests |
" |
Regulations and Ordinances |
Work of the Committee during the
Autumn and Winter Sittings |
" |
Scrutiny of Bills |
11th Report and Alert Digest No. 10 of
1999 |
" |
Scrutiny of Bills |
Report—Work of Committee May
1996-August 1998 |
" |
Environment, Communications,
Information Technology and the Arts References |
Report—Jabiluka Uranium Mine
Proposal |
Inquiries: Clerk's Office
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