House debates
Tuesday, 28 September 2010
Notices
The following notices were given:
Mike Kelly (Eden-Monaro, Australian Labor Party, Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source
to present a Bill for an Act to amend various Acts relating to fisheries, and for related purposes.
Stephen Smith (Perth, Australian Labor Party, Deputy Leader of the House) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the Defence Act 1903, and for related purposes.
Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for School Education, Early Childhood and Youth) Share this | Link to this | Hansard source
to present a Bill for an Act to amend legislation relating to higher education, and for related purposes.
Kate Ellis (Adelaide, Australian Labor Party, Minister for Employment Participation and Childcare) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the law relating to family assistance, and for related purposes.
Jenny Macklin (Jagajaga, Australian Labor Party, Minister for Families, Housing, Community Services and Indigenous Affairs) Share this | Link to this | Hansard source
to present a Bill for an Act to provide for the recognition of carers, and for related purposes.
Nicola Roxon (Gellibrand, Australian Labor Party, Minister for Health and Ageing) Share this | Link to this | Hansard source
to present a Bill for an Act to establish the Australian National Preventive Health Agency, and for related purposes.
to present a Bill for an Act to amend the National Health Act 1953, and for related purposes.
to present a Bill for an Act relating to the National Health and Hospitals Network, and for other purposes.
Peter Garrett (Kingsford Smith, Australian Labor Party, Minister for School Education, Early Childhood and Youth) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the Tradex Scheme Act 1999, and for other purposes.
Martin Ferguson (Batman, Australian Labor Party, Minister for Resources and Energy) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the Offshore Petroleum and Greenhouse Gas Storage Act 2006, and for other purposes.
David Bradbury (Lindsay, Australian Labor Party, Parliamentary Secretary to the Treasurer) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the law relating to corporations, and for related purposes.
to present a Bill for an Act to amend the law relating to claims against corporations, and for related purposes.
Mr Tony Burke (Watson, Australian Labor Party, Minister for Sustainability, Environment, Water, Population and Communities) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989, and for related purposes.
Simon Crean (Hotham, Australian Labor Party, Minister for Regional Australia, Regional Development and Local Government) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the law relating to Norfolk Island, Christmas Island and the Cocos (Keeling) Islands, and for other purposes.
Anthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Link to this | Hansard source
to move:
That standing orders 1, 2, 29, 31, 33, 34, 38, 39, 40, 41, 43, 54, 55, 86, 100, 104, 108, 132, 133, 141, 143,192, 192b, 215, 222, 229 and 232 be amended, standing orders 41a and 192a be deleted, and new standing order 222a be inserted, as follows:
Due to technical issues the standing orders will be loaded for the Official Hansard.
to move:
That sessional order 142A be adopted for the remainder of the session, as follows: 142a Questions during second reading debate
- (a)
- At the end of each Member’s speech during the second reading debate of a government bill, the Member may be questioned by other Members in relation to his or her speech.
- (b)
- The Member is not obliged to take questions, and may indicate this during his or her speech.
- (c)
- After each speech, questions and answers may continue for up to five minutes. Each question may take up to 30 seconds and each reply may take up to 2 minutes.
- (d)
- This standing order shall not apply to the Minister’s second reading speech and a Minister’s speech closing the debate or to the speech of the main opposition speaker.
to move:
That:
- (1)
- Within a period of six months from the presentation in the House of a report by a House or Joint Committee, the Government shall present its response to the recommendations contained in the report to the House.
- (2)
- If a period of six months has elapsed from a report being presented and a response has not been presented, the relevant Minister (or Minister representing the Minister) shall:
- (a)
- present to the House at the next available opportunity a signed statement stating the reasons for the delay in presentation of the response, and
- (b)
- make himself or herself available to appear at the next reasonably available opportunity following a request by the relevant committee to answer its questions on that statement.
- (3)
- If a response has not been presented in the required time and an explanatory statement has not been presented and questions on the statement not answered to the satisfaction of the committee, the committee may bring the matter to the attention, if appropriate, of the Auditor-General for assistance in resolving matters referred to in the report or to the Speaker for assistance in resolving the response process.
to move:
- (1)
- That, in accordance with section 54 of the Australian Crime Commission Act 2002, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Crime Commission shall be as follows:
- (a)
- That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any independent Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.
- (b)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (c)
- That the committee elect a Government member as its chair.
- (d)
- That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (e)
- That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (f)
- That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (g)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (h)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (i)
- That 2 members of a subcommittee include a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (j)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (k)
- That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
- (l)
- That the committee or any subcommittee may conduct proceedings in any place it sees fit.
- (m)
- That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
- (n)
- That the committee may report from time to time.
- (o)
- That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on the National Crime Authority and the Australian Crime Commission appointed during previous Parliaments.
- (p)
- That , in carrying out its duties, the committee or any subcommittee, ensure that the operational methods and results of investigations of law enforcement agencies, as far as possible, be protected from disclosure where that would be against the public interest.
- (q)
- That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
- (2)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
to move:
- (1)
- That, in accordance with section 242 of the Australian Securities and Investments Commission Act 2001, matters relating to the powers and proceedings of the Parliamentary Joint Committee on Corporations and Financial Services shall be as follows:
- (a)
- That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.
- (b)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (c)
- That the committee elect a Government member as its chair.
- (d)
- That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (e)
- That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (f)
- That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (g)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (h)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (i)
- That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (j)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (k)
- That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
- (l)
- That the committee or any subcommittee may conduct proceedings at any place it sees fit.
- (m)
- That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
- (n)
- That the committee may report from time to time.
- (o)
- That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Corporations and Financial Services and Corporations and Securities appointed during previous Parliaments.
- (p)
- That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
- (2)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
to move:
- (1)
- (a)
- That a Joint Select Committee on Cyber Safety be appointed to inquire into and report on:
- (i)
- the online environment in which Australian children currently engage, including key physical points of access (schools, libraries, internet cafes, homes, mobiles) and stakeholders controlling or able to influence that engagement (governments, parents, teachers, traders, internet service providers, content service providers);
- (ii)
- the nature, prevalence, implications of and level of risk associated with cyber-safety threats, such as:- abuse of children online (cyber-bullying, cyber-stalking and sexual grooming);- exposure to illegal and inappropriate content;- inappropriate social and health behaviours in an online environment (e.g. technology addiction, online promotion of anorexia, drug usage, underage drinking and smoking);- identity theft; and- breaches of privacy;
- (iii)
- Australian and international responses to current cyber-safety threats (education, filtering, regulation, enforcement) their effectiveness and costs to stakeholders, including business;
- (iv)
- opportunities for cooperation across Australian stakeholders and with international stakeholders in dealing with cyber-safety issues;
- (v)
- examining the need to ensure that the opportunities presented by, and economic benefits of, new technologies are maximised;
- (vi)
- ways to support schools to change their culture to reduce the incidence and harmful effects of cyber-bullying including by:- increasing awareness of cyber-safety good practice;- encouraging schools to work with the broader school community, especially parents, to develop consistent, whole school approaches; and- analysing best practice approaches to training and professional development programs and resources that are available to enable school staff to effectively respond to cyber-bullying.
- (vii)
- analysing information on achieving and continuing world’s best practice safeguards; and
- (viii)
- the merit of establishing an Online Ombudsman to investigate, advocate and act on cyber-safety issues.
- (b)
- Such other matters relating to cyber-safety referred by the Minister for Broadband, Communications and the Digital Economy or either House.
- (2)
- That the committee consist of 12 members, 4 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips and 1 by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, and 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.
- (3)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (4)
- That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
- (5)
- That the committee elect a Government member as its chair.
- (6)
- That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (7)
- That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (8)
- That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (9)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (10)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (11)
- That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (12)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (13)
- That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
- (14)
- That the committee or any subcommittee have the power to consider and make use of the evidence and records of the former Joint Select Committee on Cyber-Safety appointed during the previous parliament.
- (15)
- That the committee or any subcommittee may conduct proceedings at any place it sees fit.
- (16)
- That the committee or any subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
- (17)
- That the committee may report from time to time but that it present its final report no later than 30 April 2012.
- (18)
- That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
- (19)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
to move:
- (1)
- That a Joint Standing Committee on Electoral Matters be appointed to inquire into and report on such matters relating to electoral laws and practices and their administration as may be referred to it by either House of the Parliament or a Minister.
- (2)
- That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:
- (a)
- any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and
- (b)
- the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.
- (3)
- That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, 2 Senators to be nominated by the Leader of the Opposition in the Senate and 1 Senator to be nominated by any minority group or groups or independent Senator or independent Senators.
- (4)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (5)
- That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.
- (6)
- That the committee elect a Government member as its chair.
- (7)
- That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (8)
- That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (9)
- That 3 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (10)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (11)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (12)
- That 2 members of a subcommittee constitute a quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (13)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (14)
- That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
- (15)
- That the committee or any subcommittee may conduct proceedings at any place it sees fit.
- (16)
- That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
- (17)
- That the committee may report from time to time.
- (18)
- That the committee or any subcommittee have power to consider and make use of:
- (a)
- submissions lodged with the Clerk of the Senate in response to public advertisements placed in accordance with the resolution of the Senate of 26 November 1981 relating to a proposed Joint Select Committee on the Electoral System; and
- (b)
- the evidence and records of the Joint Committees on Electoral Reform and Electoral Matters appointed during previous Parliaments.
- (19)
- That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
- (20)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
to move:
- (1)
- (a)
- That a Joint Standing Committee on Foreign Affairs, Defence and Trade be appointed to inquire into and report on such matters relating to foreign affairs, defence and trade as may be referred to it by:
- (b)
- That annual reports of government departments and authorities tabled in the House shall stand referred to the committee for any inquiry the committee may wish to make. Reports shall stand referred to the committee in accordance with a schedule tabled by the Speaker to record the areas of responsibility of each committee, provided that:
- (i)
- any question concerning responsibility for a report or a part of a report shall be determined by the Speaker; and
- (ii)
- the period during which an inquiry concerning an annual report may be commenced by a committee shall end on the day on which the next annual report of that Department or authority is presented to the House.
- (2)
- That the committee consist of 34 members, 13 Members of the House of Representatives to be nominated by the Government Whip or Whips, 9 Members of the House of Representatives to be nominated by the Opposition Whip or Whips or by any non-aligned Member, 5 Senators to be nominated by the Leader of the Government in the Senate, 5 Senators to be nominated by the Leader of the Opposition in the Senate and 2 Senators to be nominated by any minority group or groups or independent Senator or independent Senators.
- (3)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (4)
- That the members of the committee hold office as a joint standing committee until the House of Representatives is dissolved or expires by effluxion of time.
- (5)
- That the committee elect a Government member as its chair.
- (6)
- That the committee elect a non-Government member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (7)
- That in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (8)
- That 6 members of the committee constitute a quorum of the committee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (9)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (10)
- That, in addition to the members appointed pursuant to paragraph (9), the chair and deputy chair of the committee be ex officio members of each subcommittee appointed.
- (11)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only, and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (12)
- That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (13)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (14)
- That the committee or any subcommittee have power to call for witnesses to attend and for documents to be produced.
- (15)
- That the committee or any subcommittee may conduct proceedings at any place it sees fit.
- (16)
- That a subcommittee have power to adjourn from time to time and to sit during any adjournment of the Senate and the House of Representatives.
- (17)
- That the committee may report from time to time.
- (18)
- That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committees on Foreign Affairs and Defence and Foreign Affairs, Defence and Trade appointed during previous Parliaments.
- (19)
- That the provisions of this resolution, so far as they are inconsistent with the standing orders, have effect notwithstanding anything contained in the standing orders.
- (20)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
to move:
- (1)
- That a Joint Select Committee on Gambling Reform be appointed to:
- (a)
- Inquire into and report on:
- (i)
- The Productivity Commission report on gambling, released in June 2010, including a national response to the full set of its recommendations;
- (ii)
- The design and implementation of a best practice full pre-commitment scheme – that is uniform across all States and Territories and machines—consistent with the recommendations and findings of the Productivity Commission;
- (iii)
- Legal advice commissioned and received by the Commonwealth by 1 February 2011 regarding the Commonwealth’s constitutional competence and prospects for successfully legislating in this area, including the reasoning supporting the legal advice and financial and other consequences flowing from it;
- (iv)
- Any gambling-related legislation that has been tabled in either House, either as a first reading or exposure draft;
- (v)
- Appropriate terms of reference, to be set by no later than 30 June 2013, of a further Productivity Commission Inquiry to examine the impact of pre-commitment schemes on problem gambling and to determine what further harm minimisation measures may be necessary;
- (vi)
- Monitoring the impact of reforms to address problem gambling; and
- (vii)
- Such other matters relating to gambling referred by either House.
- (b)
- Make recommendations to the Minister for Families, Housing, Community Services and Indigenous Affairs and the Assistant Treasurer, to inform any position that the Commonwealth will take to the COAG Select Council on Gambling Reform.
- (2)
- That the committee consist of 10 members, 3 Members of the House of Representatives to be nominated by the Government Whip or Whips, 2 Members of the House of Representatives to be nominated by the Opposition Whip or Whips, and one non-aligned Member, 2 Senators to be nominated by the Leader of the Government in the Senate, one Senator to be nominated by the Leader of the Opposition in the Senate, and one Senator to be nominated by any minority group or groups or independent Senator or independent Senators.
- (3)
- That participating members may be appointed to the committee. Participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of a member of the committee, but may not vote on any questions before the committee.
- (4)
- That every nomination of a member of the committee be notified in writing to the President of the Senate and the Speaker of the House of Representatives.
- (5)
- That the members of the committee hold office as a joint select committee until the House of Representatives is dissolved or expires by effluxion of time.
- (6)
- That the committee elect a non-aligned member as its chair.
- (7)
- That the committee elect a member as its deputy chair who shall act as chair of the committee at any time when the chair is not present at a meeting of the committee, and at any time when the chair and deputy chair are not present at a meeting of the committee the members present shall elect another member to act as chair at that meeting.
- (8)
- That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.
- (9)
- That 3 members of the committee constitute a quorum of the committee provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (10)
- That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.
- (11)
- That the committee appoint the chair of each subcommittee who shall have a casting vote only and at any time when the chair of a subcommittee is not present at a meeting of the subcommittee the members of the subcommittee present shall elect another member of that subcommittee to act as chair at that meeting.
- (12)
- That 2 members of a subcommittee constitute the quorum of that subcommittee, provided that in a deliberative meeting the quorum shall include 1 Government member of either House and 1 non-Government member of either House.
- (13)
- That members of the committee who are not members of a subcommittee may participate in the proceedings of that subcommittee but shall not vote, move any motion or be counted for the purpose of a quorum.
- (14)
- That the committee or any subcommittee have power to call for witnesses to attend and fo
Andrew Wilkie (Denison, Independent) Share this | Link to this | Hansard source
to present a Bill for an Act to amend the Evidence Act 1995, and for related purposes.
Bruce Scott (Maranoa, National Party) Share this | Link to this | Hansard source
to move:
That this House calls for:
- (1)
- an inquiry into the role of Australia’s medical and surgical colleges in the registration process of medical graduates and overseas trained doctors; and
- (2)
- the Minister for Immigration and Citizenship to delay the revocation of 457 visas for those doctors who have been deregistered due to failure of the Pre Employment Structured Clinical Interview, to allow adequate time for a review of their case and reassessment of their competency.
Melissa Parke (Fremantle, Australian Labor Party) Share this | Link to this | Hansard source
to move:
That this House:
- (1)
- notes that:
- (a)
- on 6 September 2010 the ABC’s Four Corners program screened a story entitled ‘Body Corporate’, highlighting growing community and scientific concern regarding gene patents;
- (b)
- in particular, Four Corners discussed the case of five year old Liam who needed to have a genetic test to see if he had gene mutations to the SCN1A human gene linked to a specific form of epilepsy called Dravet Syndrome;
- (c)
- Bionomics, a South Australian company which had received a specific grant of around $1 000 000 from AusIndustry to develop a SCN1A gene test:
- (i)
- took out an Australian patent over the SCN1A human gene; and
- (ii)
- subsequently exclusively licensed the patent to Genetic Technologies, a Melbourne company that charges $2000 for the SCN1A gene test in Australia;
- (d)
- Liam was being treated at the Westmead Hospital—a publicly funded institution that is part of NSW Health—which could not afford to pay Genetic Technologies $2000 for each SCN1A gene test;
- (e)
- Liam’s doctors sent a sample of his DNA to be tested in Scotland where the charge was just one third of the price charged by Genetic Technologies;
- (f)
- the option to send the DNA sample overseas for testing not only took more time, leaving the young boy and his family waiting in distress, but highlights how Australian taxpayers providing research funds to (i) Australian universities to identify the SCN1A genetic mutations; and (ii) an Australian company to develop a genetic test, have been deprived of the benefits of that very research;
- (2)
- notes that:
- (a)
- in July 2008, Genetic Technologies, as the exclusive licensee of Myriad Genetics, a United States company granted Australian patents over the BRCA 1 and 2 gene mutations linked to breast and ovarian cancers, demanded via a lawyer’s letter sent to all Australian hospitals and clinical laboratories (including the Peter MacCallum Cancer Centre) that they stop all testing for breast cancer, claiming such testing infringed Myriad Genetics’ Australian BRCA patents;
- (b)
- in 2009 in the United States, eleven plaintiffs, including Lisbeth Ceriani, a 43 year old single mother diagnosed with breast cancer, and professional medical and clinical associations such as the American Society for Clinical Pathology, launched a legal challenge to seven of Myriad Genetics’ United States BRCA patents, where:
- (i)
- Ms Ceriani found that she was unable to get a second opinion on a positive genetic test for ovarian cancer because in the United States there is only one test, owned by only one company, Myriad Genetics, which charges over US$3000 per test;
- (ii)
- in March 2010 a United States Federal Court agreed with the plaintiffs and declared all seven United States patents invalid on the ground that under United States patent law, patents can only be granted over inventions, not for the discovery of natural phenomena; and
- (iii)
- the Court so held because, first, despite being removed from the human body and thus ‘isolated’, the BRCA genes were ‘not markedly different from native DNA as it exists in nature’ and second, the analysis of these two human genes by way of a genetic test was ‘merely data-gathering to obtain clinical data’;
- (3)
- notes that:
- (a)
- at the official commemoration of the decoding of the human genome in March 2000, United States President Bill Clinton and British Prime Minister Tony Blair said that ‘raw fundamental data on the human genome, including the human DNA sequence and its variations, should be made freely available to scientists everywhere’, yet by 2005, according to a survey published in Science, more than 20 per cent (probably now much higher) of the human genome was the subject of Untied States intellectual property;
- (b)
- President Clinton and Prime Minister Blair also said that ‘unencumbered access to this information will promote discoveries that will reduce the burden of disease, improve health around the world, and enhance the quality of life of all humankind.’;
- (c)
- unencumbered access to genetic information cannot be achieved when patents over human genes are being used to suppress competition, innovation, research and testing;
- (d)
- Professor Ian Frazer, the inventor of the cervical cancer vaccine, has joined other cancer researchers in calling for a revision of Australian patent law, stating that researchers need to be able to proceed with their work without having to consult the companies whose patents the work might infringe: ‘restricting the research use of a gene sequence could delay the development and testing of truly inventive and practical uses of the gene and its protein product for diagnosis and therapy.’; and
- (e)
- other groups opposed to the granting of gene patents include the Cancer Council Australia, the Breast Cancer Foundation of Australia, the Royal Australian College of Pathologists, the Human Genetics Society of Australia and the Australian Medical Association; and
- (4)
- calls for amendment of the Patents Act 1990 to ensure that patents cannot be granted over any biological materials which are identical or substantially identical to what exists in nature.
Janelle Saffin (Page, Australian Labor Party) Share this | Link to this | Hansard source
to move:
That this House:
- (1)
- notes with grave concern:
- (a)
- Telstra’s stated proposal to close its Business Call Centre in Grafton, with the loss of 108 local jobs, and the relocation of some of these jobs to Brisbane and Melbourne;
- (b)
- the damaging flow on effect to a regional economy from such significant job cuts;
- (c)
- the perception that Telstra is abandoning regional Australia; and
- (d)
- Telstra’s claim that it can improve customer service while carrying out a program of job cuts;
- (2)
- acknowledges the Clarence Valley community’s strong support for the campaign to save local Telstra jobs evidenced by the actions of Mayor Richie Williamson, the Grafton Chamber of Commerce and the 5559 people who signed my petition calling for Telstra to keep the Call Centre open, and not abandon regional Australia; and
- (3)
- calls upon Telstra’s Chief Executive Officer David Thodey to stop the closure of the Grafton Call Centre to demonstrate a commitment by Telstra to Regional Australia.
Scott Morrison (Cook, Liberal Party, Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source
to move:
That this House:
- (1)
- notes that:
- (a)
- the Convention Relating to the Status of Refugees (Refugees Convention) states that ‘contracting States shall apply the provisions of this Convention to refugees without discrimination as to race, religion or country of origin’;
- (b)
- the Government suspended the processing of asylum seeker applications from Afghanistan on 9 April 2010; and
- (c)
- there are more than 5000 persons currently being detained by the Department of Immigration and Citizenship on the mainland and Christmas Island; and
- (2)
- calls for the:
- (a)
- immediate lifting of the discriminatory suspension of processing of claims by Afghan asylum seekers; and
- (b)
- immediate processing of asylum claims of all Afghans held in detention; and
- (c)
- Minister for Immigration and Citizenship to provide subclass 449 safe haven visas to successful refugees, to accommodate potential changes in refugee status resulting from changed conditions in the country of origin.