Senate debates
Wednesday, 13 February 2008
Committees
Joint Committees; Establishment
John Hogg (Queensland, Deputy-President) Share this | Hansard source
Messages have been received from the House of Representatives transmitting for concurrence resolutions relating to the formation of joint committees.
The House of Representatives messages read as follows—
Message no. 1, dated 13 February 2008—Parliamentary Joint Committee on the Australian Crime Commission.
Message no. 2, dated 13 February 2008—Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity.
Message no. 3, dated 13 February 2008—Parliamentary Joint Committee on Corporations and Financial Services.
Message no. 4, dated 13 February 2008—Joint Standing Committee on Electoral Matters.
Message no. 5, dated 13 February 2008—Joint Standing Committee on Foreign Affairs, Defence and Trade.
Message no. 6, dated 13 February 2008—Joint Standing Committee on Migration.
Message no. 7, dated 13 February 2008—Joint Standing Committee on the Parliamentary Library.
Message no. 8, dated 13 February 2008—Joint Standing Committee on the National Capital and External Territories.
Message no. 9, dated 13 February 2008—Joint Standing Committee on Treaties.
and transmitting for the concurrence of the Senate the following resolutions:
Parliamentary Joint Committee on the Australian Crime Commission
- (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.
Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity
- (1)
- That, in accordance with sections 213 and 214 of the Law Enforcement Integrity Commissioner Act 2006, matters relating to the powers and proceedings of the Parliamentary Joint Committee on the Australian Commission for Law Enforcement Integrity 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 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 the Australian Law Enforcement Integrity 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.
Parliamentary Joint Committee on Corporations and Financial Services
- (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 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 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.
Joint Standing Committee on Electoral Matters
- (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)
- 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 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.
- (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.
Joint Standing Committee on Foreign Affairs, Defence and Trade
- (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:
- (i)
- either House of the Parliament;
- (ii)
- the Minister for Foreign Affairs;
- (iii)
- the Minister for Defence; or
- (iv)
- the Minister for Trade.
- (b)
- 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.
Joint Standing Committee on Migration
- (1)
- (a) That a Joint Standing Committee on Migration be appointed to inquire into and report on:
- (i)
- regulations made or proposed to be made under the Migration Act 1958;
- (ii)
- proposed changes to the Migration Act 1958 and any related acts; and
- (iii)
- such other matters relating to migration as may be referred to it by the Minister responsible for the administration of the Migration Act 1958.
- (b)
- 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.
Joint Standing Committee on the Parliamentary Library
- (1)
- That a Joint Standing Committee on the Parliamentary Library be appointed to:
- (a)
- consider and report to the President of the Senate and the Speaker of the House of Representatives on any matters relating to the Parliamentary Library referred to it by the President or the Speaker;
- (b)
- provide advice to the President and the Speaker on matters relating to the Parliamentary Library;
- (c)
- provide advice to the President and the Speaker on an annual resource agreement between the Parliamentary Librarian and the Secretary of the Department of Parliamentary Services; and
- (d)
- receive advice and reports, including an annual report, directly from the Parliamentary Librarian on matters relating to the Parliamentary Library.
- (2)
- That the Committee consist of 13 members, 4 Members of the House of Representatives nominated by the Government whip or whips, 3 Members of the House of Representatives nominated by the Opposition whip or whips or by any independent Member, 3 Senators nominated by the Leader of the Government in the Senate, 2 Senators nominated by the Leader of the Opposition in the Senate and 1 Senator nominated by minority groups or independent Senators.
- (3)
- That every nomination of a member of the committee be notified in writing to the President and the Speaker.
- (4)
- That the nomination by the minority groups and independent Senators shall be determined by agreement between them, and, in the absence of agreement duly notified to the President, any question of the representation on the committee shall be determined by the Senate.
- (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 shall elect 2 of its members to be joint chairs, 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the government parties and 1 being a Senator or Member, on an alternating basis each Parliament, who is a member of the non-government parties, provided that the joint chairs may not be members of the same House. The joint chair nominated by the government parties shall chair meetings of the committee, and the joint chair nominated by the non-government parties shall take the chair whenever the other joint chair is not present.
- (7)
- That each of the joint chairs shall have a deliberative vote only, regardless of who is chairing the meeting.
- (8)
- That when votes on a question before the committee are equally divided, the question shall be resolved in the negative.
- (9)
- That three members of the committee shall constitute a quorum of the committee, but in a deliberative meeting a quorum shall include 1 member of each House of the government parties and 1 member of either House of the non-government parties.
- (10)
- That the committee may appoint subcommittees, consisting of 3 or more of its members, and refer to any such subcommittee any of the matters which the committee is empowered to consider.
- (11)
- That the quorum of a subcommittee shall be 2 members.
- (12)
- That the committee shall appoint the chair of each subcommittee, who shall have a deliberative 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.
- (13)
- That members of the committee who are not members of a subcommittee may participate in the public proceedings of that subcommittee, but shall not vote, move any motion or be counted for the purpose of a quorum.
- (14)
- That the committee and any subcommittee shall have power to meet in private or public session and to report from time to time.
- (15)
- That the President and the Speaker may attend any meeting of the committee or a subcommittee as they see fit, but shall not be members of the committee or subcommittee and may not vote, move any motion or be counted for the purpose of a quorum.
- (16)
- That the committee or any subcommittee have power to consider and make use of the evidence and records of the Joint Committee on the Parliamentary Library appointed during previous Parliaments.
- (17)
- 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.
- (18)
- That a message be sent to the Senate acquainting it of this resolution and requesting that it concur and take action accordingly.
Joint Standing Committee on the National Capital and External Territories
- (1)
- That a Joint Standing Committee on the National Capital and External Territories be appointed to inquire into and report on:
- (a)
- matters coming within the terms of section 5 of the Parliament Act 1974 as may be referred to it by:
- (i)
- either House of the Parliament; or
- (ii)
- the Minister responsible for administering the Parliament Act 1974; or
- (iii)
- the President of the Senate and the Speaker of the House of Representatives;
- (b)
- such other matters relating to the parliamentary zone as may be referred to it by the President of the Senate and the Speaker of the House of Representatives;
- (c)
- such amendments to the National Capital Plan as are referred to it by a Minister responsible for administering the Australian Capital Territory (Planning and Land Management) Act 1988;
- (d)
- such other matters relating to the National Capital as may be referred to it by:
- (i)
- either House of the Parliament; or
- (ii)
- the Minister responsible for administering the Australian Capital Territory (Self-Government) Act 1988; and
- (e)
- such matters relating to Australia’s territories as may be referred to it by:
- (i)
- either House of the Parliament; or
- (ii)
- the Minister responsible for the administration of the Territory of Cocos (Keeling) Islands; the Territory of Christmas Island; the Coral Sea Islands Territory; the Territory of Ashmore and Cartier Islands; the Australian Antarctic Territory, and the Territory of Heard Island and McDonald Islands, and of Commonwealth responsibilities on Norfolk Island.
- (2)
- 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 12 members, the Deputy Speaker, 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, the Deputy President and Chairman of Committees, 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 (of whom one is the Deputy President or the Deputy Speaker when matters affecting the parliamentary zone are under consideration) 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 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 Standing Committees on the National Capital and External Territories, the Joint Committees on
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