Senate debates
Tuesday, 8 August 2006
Notices
Presentation
Senator Stott Despoja to move on the next day of sitting:
- That the Senate—
- (a)
- congratulates the following winners of the Australian Book Industry Awards, held in Sydney on 26 July 2006, on their literary achievement:
- (i)
- Australian Publisher of the Year 2006: Allen & Unwin,
- (ii)
- Australian Independent Bookseller of the Year 2006: Riverbend Books,
- (iii)
- Australian Chain Bookseller of the Year 2006: Readings Carlton,
- (iv)
- Australian Book of the Year 2006: The Secret River by Kate Grenville,
- (v)
- The Pixie O’Harris Award: Julie Watts,
- (vi)
- Australian Illustrated Book of the Year 2006: Italian Joy by Carla Coulson,
- (vii)
- Australian Biography of the Year 2006: Far From A Still Life: Margaret Olley by Meg Stewart,
- (viii)
- Australian General Non-Fiction Book of the Year 2006: The Weather Makers: The History and Future Impact of Climate Change by Tim Flannery,
- (ix)
- Australian Book of the Year for Younger Children (age range 0 to 8 years) 2006: Little Fur: The Legend of Little Fur Book 1 by Isobelle Carmody,
- (x)
- Australian Book of the Year for Older Children (age range 8 to 14 years) 2006: Does my Head Look Big in This? by Randa Abdel-Fattah,
- (xi)
- Australian Literary Fiction Book of the Year 2006: The Secret River by Kate Grenville,
- (xii)
- Australian General Fiction Book of the Year 2006: The Broken Shore by Peter Temple,
- (xiii)
- Australian Newcomer of the Year (debut writer) 2006: A Man’s Got to Have a Hobby by William McInnes,
- (xiv)
- Australian Export & Rights Development Award 2006: Allen & Unwin,
- (xv)
- Australian Marketing Campaign of the Year 2006: The CSIRO Total Wellbeing Diet by Dr Manny Noakes with Dr Peter Clifton,
- (xvi)
- Australian Distributor of the Year 2006: Alliance Distribution Services, and
- (xvii)
- Australian Small Publisher of the Year 2006: Scribe Publications; and
- (b)
- acknowledges Mr John Marsden, who was awarded the Lloyd O’Neil Award for Services to the Australian Book Industry.
Senator Stott Despoja to move on the next day of sitting:
- That the Senate notes that 9 August 2006 marks the international day of action for the justice of the Japanese ‘Comfort Women’, who 61 years after the conclusion of World War II, are still yet to receive an apology or any official acknowledgment of the grave human rights abuses that were suffered at the hands of the Japanese military.
Senators Stott Despoja, Humphries. Nettle and Payne to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- 11 July 2006 was the 15th anniversary of the entry into force of the United Nations’ Second Optional Protocol to the International Covenant on Civil and Political Rights aiming at the abolition of the death penalty,
- (ii)
- 57 countries have signed and ratified the Second Optional Protocol, including Australia, and
- (iii)
- while Australia has ratified the Second Optional Protocol, this Parliament has not yet adopted the Protocol into domestic law;
- (b)
- reaffirms its opposition to capital punishment; and
- (c)
- on a bipartisan level, calls for the Australian Government, the Federal Parliament and the parliaments of the states and territories to work together to adopt the Second Optional Protocol into domestic law with binding force over the Commonwealth, the states and the territories.
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- on 7 September 2001, the United Nations (UN) General Assembly declared that the International Day of Peace should be observed annually on the fixed date of 21 September, as a day of global ceasefire and non-violence, and
- (ii)
- UN Secretary General Kofi Annan has repeatedly urged member states of the UN to support the observance of a global ceasefire on the day, arguing that a global ceasefire would:
- (a)
- provide a pause for reflection by the international community on the threats and challenges faced,
- (b)
- offer mediators a building block towards a wider truce, as has been seen in nations such as Ghana and Zambia,
- (c)
- encourage those involved in violent conflict to reconsider the wisdom of further violence,
- (d)
- provide relief workers with a safe interlude for the provision of vital services and the supply of essential goods,
- (e)
- allow freedom of movement and information, which is particularly beneficial to refugees and internally-displaced persons, and
- (f)
- relieve those embroiled in violent conflict from the daily burden of fear for one’s own safety and the safety of others;
- (b)
- supports the Australian organisations that intend to hold vigils, concerts and walks on 21 September 2006, in Melbourne, Sydney, Adelaide, Darwin and Brisbane;
- (c)
- calls on the Government to actively support the observance of a ceasefire in Afghanistan, East Timor, Iraq and the Solomon Islands on 21 September 2006 by ensuring that Australia’s armed forces:
- (i)
- do not engage in hostilities for the duration of 21 September, unless provoked to do so in self-defence,
- (ii)
- promote the observance of a global ceasefire for the duration of 21 September, and
- (iii)
- promote the practice of non-violence for the duration of 21 September; and
- (d)
- requests that the Government encourage other nation states to follow its lead.
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- The Secret River by author Ms Kate Grenville, has been awarded the Australian Literary Fiction Book of the Year 2006 and overall Australian Book of the Year 2006 in the Australian Book Industry Awards and the Commonwealth Writers Prize, and
- (ii)
- Far From a Still Life: Margaret Olley by author Ms Meg Stewart, has been awarded Australian Biography of the Year 2006; and
- (b)
- congratulates Ms Grenville and Ms Stewart for their outstanding contributions to Australian literature.
Senators Kemp and Lundy to move on the next day of sitting:
- That the Senate—
- (a)
- congratulates the Australian Socceroos on their historic performance at the 2006 World Cup in Germany;
- (b)
- also congratulates the outstanding results achieved by the Matildas recently on their qualification for the 2007 World Cup in China;
- (c)
- congratulates the Football Federation of Australia for undertaking a comprehensive reform agenda in the sport of football, including the implementation of the recommendations of the Crawford report;
- (d)
- acknowledges the important contribution of the Australian Sports Commission to the reform program and supports its development of young football players, particularly through the Australian Institute of Sport football program; and
- (e)
- notes the commitment held by many Australians to football and supports the Commonwealth in its endeavours to support football in Australia.
Senator Ian Campbell to move on the next day of sitting:
- That the following bill be introduced: A Bill for an Act to amend legislation relating to environment and heritage, and for related purposes. Environment and Heritage Legislation Amendment (Antarctic Seals and Other Measures) Bill 2006.
Senator Brandis to move on the next day of sitting:
- That the time for the presentation of the report of the Economics Legislation Committee on the provisions of the Intellectual Property Laws Amendment Bill 2006 be extended to 16 August 2006.
Senator Stott Despoja to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- 8 August 2006 is the 18th anniversary of the Burmese military regime’s murderous suppression of the pro-democracy movement,
- (ii)
- while the pro-democracy uprising failed, international pressure placed on Rangoon led to the landmark 1990 parliamentary election,
- (iii)
- the lack of organised, sustained international pressure on Rangoon allowed the military junta to ignore the parliamentary election results, which saw a landslide victory for the pro-democracy National League for Democracy led by Daw Aung San Suu Kyi and this situation renewed military oppression in Burma which has lasted to this day,
- (iv)
- military repression in Burma has led to more than 500 000 documented Burmese political and economic refugees living in India, China and Thailand, while undocumented Burmese refugees living in Thailand are estimated to be in the millions,
- (v)
- thousands of people have died and continue to die under the rule of the Burmese military, and
- (vi)
- Daw Aung San Suu Kyi and many hundreds of other political prisoners remain under detention within Burma; and
- (b)
- calls on the Government to:
- (i)
- urge the United Nations Security Council to pass a strong binding resolution addressing the urgent need for democratic reform and greater protection of human rights in Burma, and
- (ii)
- make representations to the Japanese, Chinese and Russian governments urging them to abandon any support they may have for the Burmese junta.
Senator Stott Despoja to move on the next day of sitting:
- That the Senate notes that:
- (a)
- on 7 August 2006, Australian David Hicks commemorated his 31st birthday, his fifth in detention at Guantanamo Bay, where he has been held for four and a half years;
- (b)
- the United States Supreme Court ruling in Hamden v Rumsfeld held that military commissions are ‘[in]consistent with the Constitution and laws of the United States’ and thus ‘illegal’;
- (c)
- in March 2006 the World Organization for Human Rights USA submitted a report to the United Nations Human Rights Committee, Torture, Arbitrary Detention, and other Major Human Rights Abuses by the United States: US Non-Compliance with the International Covenant on Civil and Political Rights (ICCPR) in the Context of the ‘War on Terror’;
- (d)
- this report highlights how the Government of the United States of America (US) has deliberately and systematically disregarded domestic American and international laws regarding human rights and civil liberties as the report makes the case that the US Government is in clear violation of the ICCPR, one of the fundamental protections against government-instigated oppression; and
- (e)
- the findings of this report suggest that the US Government is intentionally worsening the situation of the remaining Guantanamo detainees, including Mr Hicks.
Senators Chris Evans, Bartlett and Siewert to move on the next day of sitting contingent on the Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 being read a second time:
- That it be an instruction to the committee of the whole that:
- (1)
- The Aboriginal Land Rights (Northern Territory) Amendment Bill 2006 be divided into two bills, as follows:
- (a)
- a Bill for an Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, and for other purposes; and
- (b)
- a Bill for an Act to amend the Aboriginal Land Rights (Northern Territory) Act 1976, to restrict certain entitlements of traditional Aboriginal land owners and for other purposes.
- (2)
- The first bill consist of the enacting words, clauses 1, 2 and 3 and Schedule 1, all items except: item 46, section 19A; items 50 and 51; item 52, section 21A; item 65, section 28C; items 172 to 186; and item 192, subsections 67A(12) to (17) of the original bill, renumbered as necessary; and that the second bill consist of: Schedule 1, item 46, section 19A; items 50 and 51; item 52, section 21A; item 65, section 28C; items 172 to 186; and item 192, subsections 67A(12) to (17) of the original bill, renumbered as necessary.
- (3)
- The following amendments be made to the second bill:
- (a)
- title, insert the title as shown in paragraph (1)(b) of this order;
- (b)
- after the title, insert the words of enactment; and
- (c)
- after the words of enactment, insert the following clauses:
- 1 Short title
- This Act may be cited as the Aboriginal Land Rights (Northern Territory) Amendment Act (No. 2) 2006.
- 2 Commencement
- This Act commences on the day on which it receives the Royal Assent.
- 3 Schedule(s)
- Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
- (4)
- That the bill as amended by this order be printed.
Senator Nettle to move on the next day of sitting:
- That the Senate—
- (a)
- notes the horrible loss of life and injury that is occurring in Lebanon and Israel; and
- (b)
- calls on the Government to call for an immediate ceasefire from all parties.
Senator Nettle to move on the next day of sitting:
- That the Senate—
- (a)
- notes that the report by the Edmund Rice Centre into returned Afghani asylum seekers found that:
- (i)
- as many as nine men returned from Nauru may have been killed, and three children of people sent back from Nauru are confirmed as killed, and
- (ii)
- that many asylum seekers who were told by officials of the Department of Immigration and Multicultural Affairs that Afghanistan was safe, have faced renewed persecution and the dangers of on-going war upon return and that many of these people have been forced to flee again; and
- (b)
- calls on the Government to:
- (i)
- stop attacking the authors of the report, and
- (ii)
- investigate the claims made in the report.