Wednesday, 16 September 2009

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No. 67/2009

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The Senate met from 9.30am until 7.17pm


Bills and related documents available on BillsNet <>

Bills considered

The following bills were introduced

  • Asian Development Bank (Additional Subscription) Bill 2009 [passed by the House of Representatives on 16 September 2009]
  • Customs Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009 and a related bill [passed by the House of Representatives on 16 September 2009]
  • Geothermal and Other Renewable Energy (Emerging Technologies) Amendment Bill 2009 (No. 2) [private senator’s bill]

The following bill was debated

  • Federal Court of Australia Amendment (Criminal Jurisdiction) Bill 2008–second reading agreed to [first speaker]–1 Opposition second reading amendment agreed to [expressing a view about the policy of the bill] and committee of the whole commenced–30 Government amendments agreed to and 5 items negatived–1 Australian Greens amendment to be determined

The following bills were passed

  • Australian Citizenship Amendment (Citizenship Test Review and Other Measures) Bill 2009–3 Government amendments agreed to [see Journals entry no. 5, 15 September 2009 for previous consideration of the bill] [The House of Representatives will now consider the bill]
  • Health Insurance Amendment (Extended Medicare Safety Net) Bill 2009–1 Australian Greens and 2 Opposition amendments agreed to [The House of Representatives will now consider the amendments made by the Senate]

Notices of motion

To introduce private senators’ bills

  • Britt Lapthorne Bill 2009–notice given by the Leader of the Family First Party (Senator Fielding)
  • Renewable Energy (Food Processing Activities) Amendment Bill 2009–notice given by Senator Boswell
  • Safe Climate (Energy Efficient Non-Residential Buildings Scheme) Bill 2009–notice given by Senator Milne

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

  • Customs Amendment (ASEAN-Australia-New Zealand Free Trade Agreement Implementation) Bill 2009 and a related bill
  • Foreign States Immunities Amendment Bill 2009

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

Messages from the House of Representatives


  • Freedom of Information (Removal of Conclusive Certificates and Other Measures) Bill 2008 [2009] –agreeing to the bill without amendment [The bill will now be assented to]


  • Automotive Transformation Scheme Bill 2009–disagreeing to the amendment made by the Senate [The Senate did not insist on its amendment – first speaker. The bill will now be assented to.]


For scheduled public committee hearings
For committee reports

Reports tabled

  • Legal and Constitutional Affairs Legislation Committee–Annual reports referred to committees–Report no. 2 of 2009
  • Scrutiny of Bills Committee–Alert Digest No. 12 of 2009 and 11th report of 2009 [contain assessments of bills on civil liberties and related grounds] [a motion to take note of the report was debated and agreed to]

Document tabled

  • Work of committees–Financial year statistics 2008-09; and Half-year statistics: 1 January to 30 June 2009

Private meeting

The Senate authorised the Legal and Constitutional Affairs Legislation Committee to hold a private meeting otherwise than in accordance with standing order 33(1) during the sitting of the Senate on 16 September 2009.

Reporting dates extended

The Senate extended reporting dates for the following inquiries:

  • Education, Employment and Workplace Relations References Committee–Oversight of the child care industry–to report by 29 October 2009
  • Legal and Constitutional Affairs References Committee–Australia’s judicial system and the role of judges–to report by 18 November 2009

Notices of motion given

To extend reporting deadlines

  • Agricultural and Related Industries Select Committee–Incidence and severity of bushfires across Australia–to report by 26 November 2009

To vary the appointment of a committee

  • Fuel and Energy Select Committee–establishment of committee to be extended to 30 March 2010–notice given by the Chair of the Committee (Senator Cormann)


The Senate agreed that Senator McLucas replace Senator Crossin on the Legal and Constitutional Affairs Legislation Committee on 19 and 20 October 2009.


Delegated legislation

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

  • Clerk’s documents were tabled [legislative instruments and other documents required by statute to be tabled]

Motion to disallow debated

The Senate debated a motion to disallow the Threat Abatement Plan for disease in natural ecosystems caused by Phytophthora cinnamomi (2009), made under section 279 of the Environment Protection and Biodiversity Conservation Act 1999 [first speaker]. The debate was adjourned till the first day in the next period of sittings (26 October 2009).

Order for the production of documents

The Senate ordered that maps of Australian forest cover for each year since 1990 be tabled, no later than 4.00pm on 26 October 2009.

Documents tabled

Ministerial statement tabled

The Minister for Defence (Senator Faulkner) tabled a ministerial statement on fiscal policy [a motion to take note of the statement was agreed to].

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

  • Draft report on the Traveston Crossing Dam by the Coordinator General of Queensland–moved by the Leader of the Australian Greens (Senator Bob Brown)
  • Replacement of the Magill Youth Training Centre, South Australia–moved by Senator Hanson-Young
  • Response to the Appropriations and Staffing Committee on matters relating to the ordinary annual services of the Government–moved by the Leader of the Australian Greens (Senator Bob Brown)

Motions negatived

  • Impact of logging at Brown Mountain, Victoria on threatened wildlife–moved by the Leader of the Australian Greens (Senator Bob Brown)
  • Regulation of banks and bank executive salaries–moved by the Leader of the Australian Greens (Senator Bob Brown)
  • Review of current protocols for the interception of suspected illegal entry vessels in Australian waters–moved by Senator Hanson-Young

Statement by President

The President made a statement relating to an incident at question time on 15 September 2009 [statements by leave were made in relation to the matter – first speaker].

Notices of motion

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


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The Senate Daily Summary is available on the Internet at

It is issued by the Senate Table Office as a convenient summary of each day's proceedings in the Senate. For a complete account see the official record, the Journals of the Senate, on the Internet at

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