Wednesday, 25 November 2009

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No. 88/2009

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The Senate met from 9.30am until 11.09 pm


For bills and related documents

Bills considered

The following bills were debated

  • Carbon Pollution Reduction Scheme Bill 2009 [No. 2] and 10 related bills––second reading agreed to [first speaker ] and committee of the whole commenced–2 Government amendments agreed to
    [Further amendments remain to be considered][The Senate did not agree to a motion moved by the Leader of the Family First Party (Senator Fielding) relating to the third reading of the bills]
    [A notice of motion was given by the Special Minister of State (Senator Ludwig)–standing orders 120(3) and 122(1) and (2) not apply to the bills]

Notices of motion

To introduce private senators’ bills

  • Australian Capital Territory (Self-Government) Amendment (Disallowance and Amendment Power of the Commonwealth) Bill 2009–notice given by the Leader of the Australian Greens (Senator Bob Brown)
  • Trade Practices Amendment (Material Lessening of Competition—Richmond Amendment) Bill 2009–notice given by Senator Xenophon

To exempt bills from the cut-off order [to enable consideration this period of sittings]

  • ACIS Administration Amendment (Application) Bill 2009
  • Coal Mining Industry (Long Service Leave Funding) Amendment Bill 2009
  • Customs Tariff Amendment (Incorporation of Proposals) Bill 2009
  • Foreign Acquisitions and Takeovers Amendment Bill 2009

–notice given by the Special Minister of State (Senator Ludwig)

To enable bills to be considered together

  • Personal Property Securities Bill 2009 and Personal Property Securities (Consequential Amendments) Bill 2009
  • Resale Royalty Right for Visual Artists Bill 2009 and Tax Laws Amendment (Resale Royalty Right for Visual Artists) Bill 2009

–notice given by the Special Minister of State (Senator Ludwig)

To vary the hours of meeting

The Special Minister of State (Senator Ludwig) gave various notices to vary the hours of meeting to enable the Government’s legislative program to be considered.


For scheduled public committee hearings
For committee reports

Reports tabled

  • Privileges Committee–PDF 4090KB–Matters arising from the Economics Legislation Committee hearing on 19 June 2009 [a motion moved in relation to the report was debated – first speaker]
  • Senators’ Interests Committee–PDF 532KB: Online access to the register of senators’ interests
  • Scrutiny of Bills Committee–PDF 129KB of 2009 and PDF 84KB of 2009 [contain assessments of bills on civil liberties and related grounds]

Documents tabled

  • Legal and Constitutional Affairs Legislation Committee–Personal Property Securities (Consequential Amendments) Bill 2009–Errata
  • Senators’ Interests Committee–Register of senators’ interests, incorporating statements of registrable interests and notifications of alterations of interests lodged between 23 June and 23 November 2009

New inquiries

  • Access to planning options and services for people with a disability–Community Affairs References Committee–to report by 2 September 2010
  • Airservices Australia’s management of aircraft noise–Rural and Regional Affairs and Transport References Committee–to report by 1 June 2010
  • New therapeutic groups under the Pharmaceutical Benefits Scheme–Community Affairs References Committee–to report by 30 June 2010

Meetings during the sitting of the Senate

The Senate authorised the following private meetings to be held while the Senate is sitting:

  • Legal and Constitutional Affairs Legislation Committee–25 November 2009
  • Privileges Committee–25 November 2009

Notices of motion given

To extend reporting deadlines

  • Agricultural and Related Industries Select Committee–to report by 30 June 2010
    • Food production in Australia
    • Incidence and severity of bushfires across Australia
  • Environment, Communications and the Arts References Committee–Impact of mining operations on the Murray-Darling Basin–to report by 4 December 2009


Delegated legislation

See Disallowance Alert for a complete list of notices of motion to disallow (and outcomes)

Regulations disallowed

The Senate agreed to a motion to disallow the Health Insurance (Cataract Surgery) Determination 2009, made under section 3C(1) of the Health Insurance Act 1973 [homepage].

Disallowance rescinded

The Senate rescinded its resolutions of 15 September 2009 disallowing the following instruments:

  • Australian Meat and Live-stock Industry (Export Licensing) Amendment Regulations 2009 (No. 1) [homepage]
  • Export Control (Fees) Amendment Orders 2009 (No. 1) [homepage]
  • Export Inspection (Establishment Registration Charges) Amendment Regulations 2009 (No. 1) [homepage]
  • Export Inspection (Quantity Charge) Amendment Regulations 2009 (No. 1) [homepage]

Notice of motion withdrawn

Senator Ronaldson withdrew a notice of motion to disallow the definition of electioneering in subregulation 3AA(11) in item [1] of Schedule 1 of the Parliamentary Entitlements Amendment Regulations 2009 (No. 1) Amendment Regulations 2009 (No. 1), as contained in Select Legislative Instrument 2009 No. 250 and made under the Parliamentary Entitlements Act 1990 [homepage].

Orders for the production of documents

Motions agreed to

The Senate agreed to the following orders:

  • Documents relating to an assessment by Geoscience Australia by no later than 4.00 pm on 25 November 2009
  • Minister representing the Minister for Health and Ageing (Senator Ludwig) to table draft rules and regulations relating to the Health Legislation Amendment (Midwives and Nurse Practitioners) Bill 2009 and related bills by no later than 12.00 pm on 26 November 2009

Notices of motion given

The following notices of motion were given requiring Ministers to table documents:

  • Minister representing the Minister for Health and Ageing (Senator Ludwig) to table a copy of the Government’s response to recommendations set out in a report by the National Preventative Health Taskforce by no later than 4 December 2009–notice given by Senators Cormann and Barnett
  • Minister representing the Minister for Families, Housing, Community Services and Indigenous Affairs (Senator Evans) to table documents relating to meetings held under the Northern Territory Emergency Response Redesign Consultation process by no later than 4 December 2009–notice given by Senator Siewert
  • Research paper titled The Brave New World of Carbon to be tabled by 1.00 pm on 26 November 2009–notice given by Senator Milne

Documents tabled

Other business

Questions without notice and issues arising during question time–first question
Matters of public interest debate–first speaker
Adjournment debate–first speaker

Motions agreed to

Motions negatived

Matter of public importance discussed

Question on notice–Failure to provide answer

The Leader of the Australian Greens (Senator Bob Brown) asked the Minister for Climate Change and Water (Senator Wong) why answers had not been provided to questions on notice nos 2038 and 2039 relating to climate change programs. Senator Wong indicated that an explanation would be provided.

Personal explanation

Senator Hutchins made a personal explanation about a media release by the Law Council of Australia, dated 20 November 2009.

Notices of motion

Notices of motion given today are available in the Senate Journals.


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