Senator Mark Bishop to move on the next day of sitting:

That the Foreign Affairs, Defence and Trade Committee be authorised to hold a public meeting during the sitting of the Senate on Thursday, 26 June 2008, from 4 pm, to take evidence for the committee’s inquiry into the review of reforms to Australia’s military justice system by the Australian Defence Force.

Senator Heffernan to move on the next day of sitting:

That the following matter be referred to the Select Committee on Agricultural and Related Industries for inquiry and report by 27 November 2008:

Food production in Australia and the question of how to produce food that is:

(a)

affordable to consumers;

(b)

viable for production by farmers; and

(c)

of sustainable impact on the environment.

Senator Minchin to move on the next day of sitting:

That—

(a)

the Senate notes that:

(i)

the response from the Minister from Defence, the Honourable Joel Fitzgibbon MP, of 16 June 2008 to a Senate order for production of documents advised that ‘the documents in question are “Restricted” and “Commercial in Confidence” and as such I will not be making them available to the Special Minister of State for tabling in the Senate’, and

(ii)

the procedural order of continuing effect relating to accountability provides that ‘The Senate…shall not entertain any claim to withhold information…on the grounds that it is commercial-in-confidence, unless the claim is…accompanied by a statement setting out the basis for the claim, including a statement of any commercial harm that may result from the disclosure of the information’; and

(b)

there be laid on the table by the Minister representing the Minister for Defence, no later than 3.30 pm on Wednesday, 25 June 2008, a statement of the commercial harm that will result from the disclosure of the commercial-in-confidence information in the red folder relating to defence procurement projects.

Senator Chris Evans to move on the next day of sitting:

That the following bill be introduced: A Bill for an Act to amend the law relating to migration, and for other purposes. Migration Legislation Amendment Bill (No. 1) 2008.

Senator Abetz to move on the next day of sitting:

That the Senate—

(a)

notes the critical role of the former Howard Government’s Commercial Ready program in fostering innovation, leveraging private sector capital, creating jobs and developing new ideas and medical solutions for Australians;

(b)

condemns:

(i)

the Rudd Labor Government for its foolish and short-sighted decision to cut this program,

(ii)

the Rudd Labor Government for pre-empting the outcome of the National Innovation Review, and

(iii)

the Minister for Innovation, Industry, Science and Research (Senator Carr) for describing the Commercial Ready program as assistance to ‘millionaires’; and

(c)

calls on the Rudd Labor Government to:

(i)

fund all projects approved between 28 April and 13 May 2008,

(ii)

compensate individuals and companies who spent money preparing grant applications in good faith, and

(iii)

at least restore the Commercial Ready program for the 2008-09 financial year.

Senator Ellison to move on the next day of sitting:

(1)

That a select committee, to be known as the Select Committee on Fuel and Energy, be established to inquire into and report on:

(a)

the impact of higher petroleum, diesel and gas prices on:

(i)

families,

(ii)

small business,

(iii)

rural and regional Australia,

(iv)

grocery prices, and

(v)

key industries, including but not limited to tourism and transport;

(b)

the role and activities of the Petrol Commissioner, including whether the Petrol Commissioner reduces the price of petroleum;

(c)

the operation of the domestic petroleum, diesel and gas markets, including the fostering of maximum competition and provision of consumer information;

(d)

the impact of an emissions trading scheme on the fuel and energy industry, including but not limited to:

(i)

prices,

(ii)

employment in the fuel and energy industries, and any related adverse impacts on regional centres reliant on these industries,

(iii)

domestic energy supply, and

(iv)

future investment in fuel and energy infrastructure;

(e)

the existing set of state government regulatory powers as they relate to petroleum, diesel and gas products;

(f)

taxation arrangements on petroleum, diesel and gas products including:

(i)

Commonwealth excise,

(ii)

the goods and services tax, and

(iii)

new state and federal taxes;

(g)

the role of alternative fuels to petroleum and diesel, including but not limited to: LPG, LNG, CNG, gas to liquids, coal to liquids, electricity and bio-fuels such as, but not limited to, ethanol;

(h)

the domestic oil/gas exploration and refinement industry, with particular reference to:

(i)

the impact of Commonwealth, state and local government regulations on this industry,

(ii)

increasing domestic oil/gas exploration and refinement activities, with a view to reducing Australia’s reliance on imported oil, and

(iii)

other tax incentives; and

(i)

the impact of higher petroleum, diesel and gas prices on public transport systems, including the adequacy of public transport infrastructure and record of public transport investment by state governments.

(2)

That the committee report to the Senate from time to time on any related matters, and present its final report by 21 October 2009.

(3)

That the committee consist of 8 members, 2 nominated by the Leader of the Government in the Senate, 4 nominated by the Leader of the Opposition in the Senate, 1 nominated by the Leader of Family First in the Senate and 1 nominated by any minority group or groups or independent senator or independent senators.

(4) (a)

On the nominations of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate and minority groups and independent senators, participating members may be appointed to the committee;

(b)

participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of committee, but may not vote on any questions before the committee; and

(c)

a participating member shall (not) be taken to be a member of the committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.

(5)

That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.

(6)

That the committee elect an Opposition member as its chair.

(7)

That the committee elect a 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 the quorum of the committee be 5 members.

(10)

That the committee have power to appoint subcommittees consisting of 4 or more of its members and to refer to any subcommittee any matter which the committee is empowered to examine.

(11)

That 3 members of a subcommittee include a quorum of that subcommittee.

(12)

That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and interim recommendations.

(13)

That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(14)

That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Senator Ellison to move on the next day of sitting:

(1)

That a select committee, to be known as the Select Committee on the National Broadband Network, be established to inquire into and report on:

(a)

the Government’s proposal to partner with the private sector to upgrade parts of the existing network to fibre to provide minimum broadband speeds of 12 megabits per second to 98 per cent of Australians on an open access basis; and

(b)

the implications of the proposed National Broadband Network (NBN) for consumers in terms of:

(i)

service availability, choice and costs,

(ii)

competition in telecommunications and broadband services, and

(iii)

likely consequences for national productivity, investment, economic growth, cost of living and social capital.

(2)

That the committee’s investigation include, but not be limited to:

(a)

the availability, price, level of innovation and service characteristics of broadband products presently available, the extent to which those services are delivered by established and emerging providers, the likely future improvements in broadband services (including the prospects of private investment in fibre, wireless or other access networks) and the need for this government intervention in the market;

(b)

the effects on the availability, price, choice, level of innovation and service characteristics of broadband products if the NBN proceeds;

(c)

the extent of demand for currently available broadband services, what factors influence consumer choice for broadband products and the effect on demand if the Government’s fibre-to-the-node (FTTN) proposal proceeds;

(d)

what technical, economic, commercial, regulatory and social barriers may impede the attainment of the Government’s stated goal for broadband availability and performance;

(e)

the appropriate public policy goals for communications in Australia and the nature of regulatory settings that are needed, if FTTN or fibre-to-the-premise (FTTP), to continue to develop competitive market conditions, improved services, lower prices and innovation given the likely natural monopoly characteristics and longevity of the proposed network architecture;

(f)

the possible implications for competition, consumer choice, prices, the need for public funding, private investment, national productivity, if the Government does not create appropriate regulatory settings for the NBN;

(g)

the role of government and its relationship with the private sector and existing private investment in the telecommunications sector;

(h)

the effect of the NBN proposal on existing property or contractual rights of competitors, supplier and other industry participants and the exposure to claims for compensation;

(i)

the effect of the proposed NBN on the delivery of Universal Service Obligations services;

(j)

whether, and if so to what extent, the former Government’s OPEL initiative would have assisted making higher speed and more affordable broadband services to areas under-serviced by the private sector; and

(k)

the cost estimates on which the Government has based its policy settings for a NBN, how those cost estimates were derived, and whether they are robust and comprehensive.

(3)

That, in carrying out this inquiry, the committee will:

(a)

expressly seek the input of the telecommunications industry, industry analysts, consumer advocates, broadband users and service providers;

(b)

request formal submissions that directly respond to the terms of reference from the Australian Competition and Consumer Commission, the Productivity Commission, Infrastructure Australia, the Department of the Treasury, the Department of Finance and Deregulation, and the Department of Infrastructure, Transport, Regional Development and Local Government;

(c)

invite contributions from organisations and individuals with expertise in:

(i)

public policy formulation and evaluation,

(ii)

technical considerations including network architecture, interconnection and emerging technology,

(iii)

regulatory framework, open access, competition and pricing practice,

(iv)

private sector telecommunications retail and wholesale business including business case analysis and price and demand sensitivities,

(v)

contemporary broadband investment, law and finance,

(vi)

network operation, technical options and functionality of the ‘last mile’ link to premises, and

(vii)

relevant and comparative international experiences and insights applicable to the Australian context;

(d)

advertise for submissions from members of the public and to the fullest extent possible, conduct hearings and receive evidence in a manner that is open and transparent to the public; and

(e)

recognise the Government’s NBN proposal represents a significant public sector intervention into an increasingly important area of private sector activity and that the market is seeking openness, certainty and transparency in the public policy deliberations.

(4)

That the committee consist of 7 senators, 2 nominated by the Leader of the Government in the Senate, 4 nominated by the Leader of the Opposition in the Senate, and 1 nominated by minority groups or independents.

(5) (a)

On the nominations of the Leader of the Government in the Senate, the Leader of the Opposition in the Senate and minority groups and independent senators, participating members may be appointed to the committee;

(b)

participating members may participate in hearings of evidence and deliberations of the committee, and have all the rights of members of the committee, but may not vote on any questions before the committee; and

(c)

a participating member shall be taken to be a member of the committee for the purpose of forming a quorum of the committee if a majority of members of the committee is not present.

(6)

That the committee may proceed to the dispatch of business notwithstanding that all members have not been duly nominated and appointed and notwithstanding any vacancy.

(7)

That the committee elect as chair one of the members nominated by the Leader of the Opposition in the Senate.

(8)

That the quorum of the committee be 4 members.

(9)

That the chair of the committee may, from time to time, appoint another member of the committee to be the deputy chair of the committee, and that the member so appointed act as chair of the committee at any time when there is no chair or the chair is not present, at a meeting of the committee.

(10)

That, in the event of an equally divided vote, the chair, or the deputy chair when acting as chair, have a casting vote.

(11)

That the committee have power to appoint subcommittees consisting of 3 or more of its members, and to refer to any such subcommittee any of the matters which the committee is empowered to examine, and that the quorum of a subcommittee be 2 members.

(12)

That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.

(13)

That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.

(14)

That the committee be empowered to print from day to day such papers and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.

Senator Johnston to move on the next day of sitting:

(1)

That the Save Our Solar (Solar Rebate Protection) Bill 2008 [No. 2] be referred to the Environment, Communications and the Arts Committee for inquiry and report by 15 August 2008, together with the following matters:

(a)

the impact of the means test threshold of $100 000 on the $8 000 solar rebate per household on the solar industry;

(b)

the effect on the uptake of solar panels by Australian households, comparing state-by-state results;

(c)

the impact on the number of applications for the $8 000 since the budget decision to impose the means test;

(d)

the impact on jobs in the solar industry, comparing state-by-state results;

(e)

the impact on emissions reductions as a consequence of this decision, comparing state-by-state results;

(f)

the consultation that occurred within government, including departments and agencies, prior to the decision and the input of each department and agency on the measure;

(g)

the economic and environmental modelling underpinning the decision to impose the means test;

(h)

the extent of the discussion prior to the decision with the solar panel industry on the impact of the decision;

(i)

the future viability of, and effects on, the solar industry as a result of the means test;

(j)

the impact on the Solar Cities programs at various sites around Australia and other related programs; and

(k)

other relevant matters.

(2)

That, as a minimum, the committee hold hearings in all Australian capital cities and hears evidence, inter alia, from Australia’s solar industry.

Senator Bob Brown to move on the next day of sitting:

That the Senate requests the Government to explain, by Thursday, 26 June 2008, its opposition to general business notice of motion no. 102 from the Leader of the Australian Democrats (Senator Allison).