Senate debates
Monday, 27 November 2006
Notices
Presentation
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that the undersigned Members of the European Parliament recently returned from a fact finding mission to Israel and Palestine, shocked and appalled by what they saw and experienced in Gaza, saying:
- i.
- Due to economic sanctions, almost all public institutions have shut down. The hospitals are overcrowded and receive neither money nor sufficient medicine. The public employees have not been paid for months. The doctors told us that some deadly injuries are not caused by traditional weapons but most likely by new experimental chemical weapons. More amputations than ever are necessary. They have not had the time to examine the dead bodies yet as they are busy dealing with the wounds of those who have survived.
- ii.
- The closure of Rafah and Karni crossing for people and goods has turned Gaza into an open air prison. Recently, Gaza has seen horrible carnage.
- iii.
- We call upon Israel to stop the violation of human rights and repeated breaches of the Geneva Convention.
- iv.
- We call for a complete ceasefire by Israel, an immediate withdrawal of troops from Gaza and an end to the military incursion in the West Bank.
- v.
- We strongly object to the description by Israel of those it has killed as “terrorists”.
- vi.
- We call and insist that the EU [European Union] should review the association agreement and consider imposition of sanctions on Israel unless it ceases the killing of civilians and the violation of human rights, thus complying with article 2 of the association agreement.
- vii.
- We urge Hamas and Fatah and all the democratic Palestinian forces, even under these circumstances, not to stop their efforts to form a Unity Government as already agreed on the document of national reconciliation which recognizes the 1967 borders of the state of Palestine and Israel and to take every possible measure to halt the firing of Qassam rockets.
- viii.
- We call upon the EU to open dialogue with all the Palestinian national institutions and to put pressure on the Israeli government to release the tax revenues confiscated from the Palestinian government.
- ix.
- We ask the UN and the quartet to send international forces to protect the Palestinian and Israeli civilian populations, while calling for an international conference with all the parties involved reaching a comprehensive and just peace for the area.
- MEP Luisa Morgantini (Italy), GUE/NGL
- MEP Vincenzo Aita (Italy), GUE/NGL
- MEP Allesandro Battilocchio (Italy), N.I.
- MEP John Bowis (UK), EPP-ED
- MEP Chris Davies (UK), ALDE
- MEP Jill Evans (UK), GREEN/EFA
- MEP Hélène Flautre (France), GREEN/EFA
- MEP Gyula Hegyi (Hungary), PES
- MEP Miguel Portas (Portugal), GUE/NGL
- MEP Karin Resetarits (Austria), ALDE
- MEP Alyn Smith (UK), GREEN/EFA
- MP Norman Paech (Germany), Die Linke; and
- (b)
- calls on the Minister for Foreign Affairs (Mr Downer) to visit Palestine and Israel in the near future and to consider backing the requests of the European Parliamentary delegation in an effort to bring peace to the region.
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- in 2000, Germany introduced a solar scheme requiring electricity companies to buy back electricity generated from household panels connected to the grid at premium price rather than at the normal wholesale electricity rate,
- (ii)
- the German scheme has meant approximately 400 000 households have now installed solar panels,
- (iii)
- the German scheme has lead to a boom in the photovoltaic (PV) industry with revenues expected to be $25 billion in 2006, increasing to $100 billion by 2010,
- (iv)
- Germany’s success with the scheme has led to Spain, Italy, France, Greece and Canada introducing almost identical schemes,
- (v)
- in 2004, Germany passed a new law that guaranteed people who built solar parks a minimum price for each kilowatt of electricity that was two to three times the market price, for example, a German pig farmer struggling with drought took advantage of the scheme and covered his 200 acre farm with 10 050 solar panels, which at full capacity could supply power to all 7 000 residents of the local village resulting in the farmer making more than $600 000 a year from the sale of this electricity, and
- (vi)
- California has developed the ‘Million Solar Roofs’ plan that will provide 3 000 megawatts of additional solar generation by 2018 using a combination of regulatory and market mechanisms;
- (b)
- notes that an Australia-wide feed-in tariff could increase the number of PV units in Australia from 10 000 to 150 000 by 2010; and
- (c)
- calls on the Federal Government to work with state governments to introduce a solar scheme similar to that in Germany.
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- Californian Republican Governor, Mr Arnold Schwarzenegger, has signed the Californian Global Warming Solutions Act of 2006,
- (ii)
- the Act aims to reduce carbon emissions by 25 per cent, to 1990 levels, by 2020 and by 2050 will reduce emission to 80 per cent below 1990 levels, and
- (iii)
- the Act requires the Californian Air Resources Board (CARB) to:
- • Establish a statewide greenhouse gas emissions cap for 2020, based on 1990 emissions by January 1, 2008.
- • Adopt mandatory reporting rules for significant sources of greenhouse gases by January 1, 2009.
- • Adopt a plan by January 1, 2009 indicating how emission reductions will be achieved from significant greenhouse gas sources via regulations, market mechanisms and other actions.
- • Adopt regulations by January 1, 2011 to achieve the maximum technologically feasible and cost-effective reductions in greenhouse gas [emissions] including provisions for using both market mechanisms and alternative compliance mechanisms.
- • Convene an Environmental Justice Advisory Committee and an Economic and Technology Advancement Advisory Committee to advise CARB.
- • Ensure public notice and opportunity for comment for all CARB actions; and
- (b)
- calls on the Federal Government to follow California’s lead and legislate to set greenhouse gas reduction targets, introduce caps on emissions and introduce market and regulatory mechanisms to achieve reductions.
Senator Allison to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- the global carbon market is worth almost $40 billion a year,
- (ii)
- the World Bank reports that the global carbon trading market was worth approximately $28 billion in the first 9 months of 2006, compared with $13 billion in 2005,
- (iii)
- the Kyoto Clean Development Mechanism (CDM) market was valued at $2.9 billion for the first three quarters of 2006, and
- (iv)
- the United Nations Framework on Climate Change Executive Secretary, Mr Yvo de Boer, recently said the Kyoto CDMs could generate annual investment of $133 billion in ‘green investment flow to developing countries’;
- (b)
- recognises that joining the Kyoto Protocol now could give Australian business the chance to get early mover advantages in the booming global carbon trading market; and
- (c)
- calls on the Federal Government to ratify the Kyoto Protocol and work within this framework to encourage other countries such as the United States of America, China and India to sign on.
Senators Johnston and Adams to move on the next day of sitting:
- That the following bill be introduced: A Bill for an Act to amend the Commonwealth legislative framework applying to the Australian wheat industry, and for related purposes. Wheat Marketing Legislation Amendment Bill 2006.
Senator Siewert to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- the Australian Council of Social Service (ACOSS), the peak council of the community services and welfare sector, is celebrating 50 years of representing that sector and advancing the interests of disadvantaged Australians, and
- (ii)
- ACOSS was established in 1956, with the aim of reducing poverty and inequality by developing and promoting socially, economically and environmentally responsible public policy and action by government, community and business while supporting non-government organisations which provide assistance to vulnerable Australians; and
- (b)
- congratulates ACOSS on 50 years of outstanding community service.
Senator Watson to move on the next day of sitting:
- That the order of the Senate of 9 October 2006, authorising the Joint Committee of Public Accounts and Audit to hold public meetings during the sittings of the Senate, be varied as follows:
Paragraph (b), omit “Thursday, 30 November 2006, from 10 am to 1 pm”, substitute “Thursday, 7 December 2006, from 10 am to 1.30 pm”.
Senator Siewert to move on the next day of sitting:
- That there be laid on the table by the Minister for the Environment and Heritage, no later than 3.30 pm on Wednesday, 29 November 2006, the report on the review of matters of national environmental significance made under section 28A of the Environmental Protection and Biodiversity Conservation Act 1999.
Senator Ellison to move on the next day of sitting:
- That—
- (1)
- On Tuesday, 28 November and 5 December 2006:
- (a)
- the hours of meeting shall be 12.30 pm to 6.30 pm and 7.30 pm to adjournment;
- (b)
- the routine of business from 7.30 pm shall be government business only; and
- (c)
- the question for the adjournment of the Senate shall be proposed at 10 pm.
- (2)
- On Thursday, 30 November 2006:
- (a)
- the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to 11.40 pm;
- (b)
- the routine of business from 7.30 pm shall be government business only;
- (c)
- divisions may take place after 4.30 pm; and
- (d)
- the question for the adjournment of the Senate shall be proposed at 11 pm.
- (3)
- The Senate shall sit on Friday, 1 December 2006 and that:
- (a)
- the hours of meeting shall be 9 am to 4.25 pm;
- (b)
- the routine of business shall be:
- (i)
- notices of motion, and
- (ii)
- government business only; and
- (c)
- the question for the adjournment of the Senate shall be proposed at 3.45 pm.
- (4)
- On Wednesday, 6 December 2006, the routine of business be varied to provide that:
- (a)
- matters of public interest be called on at 1.15 pm; and
- (b)
- questions without notice be called on at 2.30 pm.
- (5)
- On Thursday, 7 December 2006:
- (a)
- the hours of meeting shall be 9.30 am to 6.30 pm and 7.30 pm to adjournment;
- (b)
- consideration of general business and consideration of committee reports, government responses and Auditor-General’s reports under standing order 62(1) and (2) shall not be proceeded with;
- (c)
- the routine of business from not later than 4.30 pm shall be government business only;
- (d)
- divisions may take place after 4.30 pm; and
- (e)
- the question for the adjournment of the Senate shall be proposed after the Senate has finally considered the bills listed below, including any messages from the House of Representatives:
Anti-Money Laundering and Counter-Terrorism Financing Bill 2006 and Anti-Money Laundering and Counter-Terrorism Financing (Transitional Provisions and Consequential Amendments) Bill 2006
Australian Nuclear Science and Technology Organisation Amendment Bill 2006
Commonwealth Radioactive Waste Management Legislation Amendment Bill 2006
Copyright Amendment Bill 2006
Customs Legislation Amendment (New Zealand Rules of Origin) Bill 2006
Crimes Amendment (Bail and Sentencing) Bill 2006
Datacasting Transmitter Licence Fees Bill 2006 and Broadcasting Services Amendment (Collection of Datacasting Transmitter Licence Fees) Bill 2006
Defence Legislation Amendment Bill 2006
Environment and Heritage Legislation Amendment Bill (No. 1) 2006
Education Services for Overseas Students Legislation Amendment (2006 Measures No. 1) Bill 2006 and Education Services for Overseas Students Legislation Amendment (2006 Measures No. 2) Bill 2006
Families, Community Services and Indigenous Affairs and Veterans’ Affairs Legislation Amendment (2006 Budget Measures) Bill 2006
Indigenous Education (Targeted Assistance) Amendment Bill 2006
Inspector of Transport Security Bill 2006 and Inspector of Transport Security (Consequential Provisions) Bill 2006
Independent Contractors Bill 2006 and Workplace Relations Legislation Amendment (Independent Contractors) Bill 2006
Medibank Private Sale Bill 2006
Tax Laws Amendment (2006 Measures No. 4) Bill 2006
Telecommunications Amendment (Integrated Public Number Database) Bill 2006.
Senator Stott Despoja to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- 25 November was White Ribbon Day, the United Nations’ International Day for the Elimination of Violence Against Women,
- (ii)
- White Ribbon Day marks the start of 16 Days of Activism Against Gender Violence, a world-wide event encouraging action to end violence against women, which ends on International Human Rights Day on 10 December,
- (iii)
- 2006, which is the 16th anniversary of the 16 Days of Activism Against Gender Violence campaign, celebrates activists who have made the campaign a success and honours women human rights defenders who have suffered intimidation and violence for their activism,
- (iv)
- it is estimated that more than 1 million women have experienced violence in a relationship and that for more than two-thirds of women victims of violence, their children had witnessed the violence, and
- (v)
- the White Ribbon Day campaign receives no government funding; and
- (b)
- calls on the Government to fund the 2007 White Ribbon Day campaign, as a demonstration of its commitment to preventing violence against women.
Senator Stott Despoja to move on the next day of sitting:
- That the Senate—
- (a)
- notes that:
- (i)
- 9 December 2006 marks the 5th anniversary of the capture of Mr David Hicks in Afghanistan by the Northern Alliance, and
- (ii)
- Mr Hicks is yet to be charged under the new United States Military Commission Act 2006; and
- (b)
- calls on the Australian Government to lobby for Mr Hicks’ immediate fair trial or repatriation.
Senator Allison to move on the next day of sitting:
- (1)
- That a select committee, to be known as the Select Committee on Mental Health Services, be appointed to inquire into, monitor and report by 30 June 2008 on ongoing efforts towards improving mental health services in Australia.
- (2)
- That the committee have the power to consider and use for its purposes the transcripts of evidence and records of the Select Committee on Mental Health appointed on 8 March 2005.
- (3)
- That the committee have the power to send for and examine persons and documents, call for and receive submissions, and convene public hearings, roundtables and symposia on developments in mental health including new and changing issues in policy.
- (4)
- That the committee may report from time to time its proceedings and evidence and any recommendations, and shall make regular reports of the progress of the proceedings of the committee.
- (5)
- That the committee shall have reference to the reports of the Select Committee on Mental Health A national approach to mental health - from crisis to community, the National Action Plan on Mental Health agreed to at the July 2006 meeting of the Council of Australian Governments, and the National Mental Health Strategy and associated plans.
- (6)
- That the committee consist of 7 senators, 3 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate and 1 nominated by the Leader of the Australian Democrats.
- (7)
- That the chair of the committee be elected by the committee from the members nominated by the Leader of the Government in the Senate.
- (8)
- In the absence of agreement on the selection of a chair, duly notified to the President, the allocation of the chair be determined by the Senate.
- (9)
- That the deputy chair of the committee be elected by and from the members of the committee immediately after the election of the chair.
- (10)
- That the deputy chair act as chair when there is no chair or the chair is not present at a meeting.
- (11)
- That the quorum of the committee be 3 members.
- (12)
- Where the votes on any question before the committee are equally divided, the chair, or the deputy chair when acting as chair, shall have a casting vote.
- (13)
- 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.
- (14)
- 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 consider.
- (15)
- That the quorum of a subcommittee be 2 members.
- (16)
- 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.
- (17)
- 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 Bob Brown to move on Wednesday, 29 October 2006:
- That the Senate calls for a halt to all logging destruction in Tasmania’s Weld River valley until and unless:
- (a)
- the Government completes a World Heritage evaluation of the forests;
- (b)
- the Tasmanian Government shows that there is no prudent or feasible option to that destruction;
- (c)
- an independent evaluation of the valley’s long-term economic value, including its tourism potential and carbon sink value, has been completed; and
- (d)
- the full loss of water, carbon, biodiversity and honey production value from the destruction proposed is known.
3:56 pm
John Watson (Tasmania, Liberal Party) Share this | Link to this | Hansard source
Following the receipt of a satisfactory response, on behalf of the Regulations and Ordinances Committee, I give notice that at the giving of notices on the next day of sitting I shall withdraw business of the Senate notice of motion No. 1 standing in my name for 10 sitting days after today for the disallowance of the Inclusion of species in the list of threatened species (Nos 42 to 45), made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999. I seek leave to incorporate in Hansard the committee’s correspondence concerning these instruments.
Leave granted.
The correspondence read as follows—
Inclusion of species in the list of threatened species (Nos 42 to 45) made under section 178 of the Environment Protection and Biodiversity Conservation Act 1999
7 September 2006
Senator the Hon Ian Campbell
Minister for the Environment and Heritage
Suite MG.61
CANBERRA ACT 2600
Dear Minister
I refer to the following instruments made under subsection 184(1) of the Environment Protection and Biodiversity Conservation Act 1999.
Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (42)
Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (43)
Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (44)
Inclusion of species in the list of threatened species under section 178 of the Environment Protection and Biodiversity Conservation Act 1999 (45)
The information regarding consultation that is supplied in the Explanatory Statements to each of these four instruments notes that “parties with relevant expertise were directly consulted regarding their views”. It would assist in understanding the nature of the consultation process if the Explanatory Statements named these parties and also gave some indication of their responses to the changes that are made by these instruments. The Committee therefore seeks further information about the nature of the consultation undertaken with regard to these instruments.
The Committee would appreciate your advice on the above matter as soon as possible, but before 12 October 2006, to enable it to finalise its consideration of these instruments. Correspondence should be directed to the Chairman, Senate Standing Committee on Regulations and Ordinances, Room SG49, Parliament House, Canberra.
Yours sincerely
Chairman
24 October 2006
Senator John Watson
Chairman
Senate Standing Committee on Regulations and Ordinances
Room SG49
Parliament House
CANBERRA ACT 2600
Dear Senator Watson
Thank you for your letter of 7 September 2006, regarding instruments made under section 184(1) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) and the explanatory statements accompanying the instruments.
In order to amend the EPBC Act’s lists of threatened species, ecological communities and key threatening processes, I must sign an instrument which is then registered on the Federal Register of Legislative Instruments, and tabled in the Parliament with an accompanying explanatory statement.
You note in your letter that the explanatory statements advise that “parties with relevant expertise were directly consulted regarding their views”. You also requested information about the nature of the consultation undertaken with regard to the instruments.
As part of the process for assessing nominations to amend the lists of threatened species, ecological communities and key threatening processes, I must consider advice on the nomination provided to me by the Threatened Species Scientific Committee (the Committee). In preparing its advice to me, the Committee routinely identifies and approaches people or organisations with relevant expertise – for example, on the biological characteristics of, or the threats impacting on, a species nominated for listing. The Committee asks specific questions of these experts in order to fill any information gaps that may exist in the nomination, to ensure that its advice to me is based on the most thorough and up-to-date knowledge available.
Additionally, my Department places each nomination on its website for a period of two months to allow for members of the public to submit comments on the proposed amendment to the list. Any relevant scientific information that is provided as part of this process is considered by the Committee when it prepares its advice to me.
To ensure the integrity of the scientific information provided by experts, all personal details are kept confidential.
Yours sincerely
Ian Campbell
Minister of Environment and Heritage
Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source
Mr Deputy President, I rise on a point of order. I wonder whether I could ask Senator Watson for a copy of those documents, please.
John Hogg (Queensland, Deputy-President) Share this | Link to this | Hansard source
The documents will be circulated.
Senator Milne to move on the next day of sitting:
- That the Senate—
- (a)
- notes:
- (i)
- Australia’s obligation under the World Heritage Convention to protect the World Heritage-listed Macquarie Island that provides nesting habitat for nearly 4 million seabirds, and provides Environment Protection and Biodiversity Conversation-listed ‘Critical Habitat’ for two nationally threatened albatross species, the wandering and grey-headed albatross,
- (ii)
- that the feral rabbit population on Macquarie Island has exploded since the late 1990s from 10 000 to more than 100 000 as a result of reduced effectiveness of myxomatosis, eradication of feral cats and climate change resulting in increasing rabbit breeding success, and
- (iii)
- that recent landslips have wiped out hundreds of king penguins and that the grey-headed albatross faces immediate risk of extinction in Australia due to the destruction by rabbits of the birds’ only known Australian breeding site on Macquarie Island; and
- (b)
- calls on the Government to take immediate action to fund and implement the eradication plan for rabbits and rodents costed at $15 million so work can start immediately to ensure on-ground baiting can start in winter 2008.
Senator Milne to move on the next day of sitting:
- That the Senate—
- (a)
- notes the draft report of the Uranium Mining, Processing and Nuclear Energy Review Taskforce appointed by the Prime Minister (Mr Howard); and
- (b)
- calls on the Government to reject:
- (i)
- any proposals for the deployment of nuclear power in Australia,
- (ii)
- the construction of nuclear reactors on or offshore around Australia,
- (iii)
- the construction of nuclear waste dumps in Australia, and
- (iv)
- any proposal for the development of nuclear enrichment facilities in Australia.