Presentation: 7 Aug 2007: Senate debates (OpenAustralia.org)

Senate debates

Tuesday, 7 August 2007

Notices

Presentation

Senator Siewert and Senator Bartlett to move on the next day of sitting:

That the provisions of the Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007 be referred to the Community Affairs Committee for inquiry and report by 10 September 2007, with particular reference to:

(a): the likely effects of the new income management regime on the health and well-being of children in affected communities;
(b): the demonstrable need to restrict the appeal rights of those on the new income management regime in affected communities;
(c): the interaction of the bill with the Racial Discrimination Act 1975 and the extent to which the provisions can be characterised as ‘special measures’; and
(d): the effects of these measures on community governance and the development of remote communities.

Senator Bartlett and Senator Siewert to move on the next day of sitting:

That the provisions of the Northern Territory National Emergency Response Bill 2007 and the Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007 be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 10 September 2007, with particular reference to:

(a): the relevance of the acquisition of Aboriginal land and changes to the permit system to address the problems of child protection, health and development;
(b): the possible impacts of the prohibition of alcohol on child safety;
(c): the interaction of the bills with the Racial Discrimination Act 1975 and the extent to which the provisions can be characterised as ‘special measures’; and
(d): the effects of these measures on community governance and the development of remote communities.

Senator Allison to move on the next day of sitting:

That the Senate:

(a): notes that, on 6 December 2006, 125 nations voted in favour of United Nations General Assembly Resolution 61/83, which, inter alia, called on all nations immediately to commence multilateral negotiations leading to an early conclusion of a nuclear weapons convention prohibiting the development, production, testing, deployment, stockpiling, transfer, threat or use of nuclear weapons, and providing for their elimination;
(b): supports the International Campaign to Abolish Nuclear Weapons in its endeavour to persuade nations to commence negotiations leading to such a convention; and
(c): urges the Government to promote, at international forums such as the Conference on Disarmament and the United Nations General Assembly, multilateral negotiations leading to such a convention.

Senator Allison to move on the next day of sitting:

That the Senate:

(a)

notes the growing body of evidence for the harmful effect of sexualisation in the media of children, especially young girls, including the:

(i): negative impact on development, self-image and emotional development including shame, anxiety and even self disgust,
(ii): increased incidence of eating disorders, depression and low self-esteem,
(iii): negative consequences in terms of the ability of girls to develop health sexuality, as well as unrealistic and/or negative expectations of their sexuality, and
(iv): the promotion of negative stereotypes of women as sex objects; and

(b)

urges the Government to establish an expert advisory group including representatives of major mental health professional, marketing and media organisations, as well as young women themselves, to:

(i)

support research into the effects of the sexualisation of children by the media in Australia, including the:

(a): sources and beneficiaries of sexualisation,
(b): short- and long-term effects of viewing or buying sexualising and objectifying images, and their influence on cognitive functioning, physical and mental health, sexuality, attitudes and beliefs, and
(c): effectiveness of different approaches to reducing the amount of sexualisation that occurs and to ameliorating its effects, and

(ii)

report and make recommendations on effective programs and interventions that promote positive alternatives and approaches and reduce the use of sexualised images of children in all forms of media and products.

Senator Murray to move on the next day of sitting:

(1)

That the Senate, noting concern in the community at the abuse of alcohol, asks that the Government refer the following matter to an appropriate body or a specially-established task force for inquiry and report:

The need to significantly reduce alcohol abuse in Australia, especially in geographic or demographic hot spots, and what the Commonwealth, states and territories should separately and jointly do with respect to:

(a): the pricing of alcohol, including taxation;
(b): the marketing of alcohol; and
(c): regulating the distribution, availability and consumption of alcohol.

(2)

In undertaking the inquiry regard is to be had to:

(a): economic as well as social issues;
(b): alcohol rehabilitation and education;
(c): the need for a flexible responsive and adaptable regulatory regime; and
(d): the need for a consistent harmonised Australian approach.

Senator Bartlett to move on the next day of sitting:

: That the following bill be introduced: A Bill for an Act to amend the Migration Act 1958 to restore rights and procedural fairness to persons affected by decisions taken under that Act, and for related purposes. Migration Legislation Amendment (Restoration of Rights and Procedural Fairness) Bill 2007.

Senator Bartlett to move on 9 August 2007:

That the Senate:

(a)

notes that:

(i): 9 August 2007 is International Day of the World’s Indigenous People,
(ii): it marks a day that we honour and pay respect to Australia’s First Peoples as well as Indigenous peoples across the world for their traditions and knowledge, as well as to the valuable contribution they have made to the cultures of the world and to environmental conservation, and
(iii): it is appropriate to reflect on the positive advancements that have been made internationally to protect the rights of Indigenous peoples and to guarantee them equal treatment, as well as to provide a reminder of how much more needs to be done; and

(b)

calls on the Government to support the adoption of the Declaration on the Rights of Indigenous Peoples when it is considered later in 2007.

Senator Bartlett to move three days hence:

That the Senate:

(a)

notes the report by Voiceless, the fund for animals, From Label to Liable: Scams, Scandals and Secrecy—Lifting the veil on animal-derived food product labelling in Australia which reports that:

(i): most jurisdictions in Australia do not require animal-derived food products to identify the farm production system from which they have been sourced,
(ii): the majority of Australia’s animal-derived food products such as pork, chicken and eggs are sourced from factory farms where animals live their lives in conditions that most people would find unacceptable if they were fully aware of them,
(iii): a number of terms are currently used to differentiate animal products such as barn laid eggs, free range, open range or range eggs, grain-fed beef, free-range, bred free-range, organic and biodynamic but most of these terms are not defined in legislation, which means there is broad scope for consumer uncertainty as to their meaning, and
(iv): Australia has no standard for labelling of vegetarian or vegan products; and

(b)

calls on the Government to explore the need for clear and enforceable national standards, identifying the farm production system from which food is sourced.

Senator Payne to move on the next day of sitting:

That the time for the presentation of reports of the Foreign Affairs, Defence and Trade Committee be extended as follows:

(a): Australia’s public diplomacy—to 16 August 2007; and
(b): Australia’s involvement in international peacekeeping operations—to 25 October 2007.

Senator Stott Despoja to move on the next day of sitting:

That the Senate:

(a)

notes that:

(i): 8 August 2007 is the 19th anniversary of the pro-democracy uprising in Burma, an uprising brutally suppressed by the Burmese military regime,
(ii): the Burmese military junta refused to recognise the results of democratic elections in 1990 that saw the National League for Democracy (NLD) emerge with a clear majority,
(iii): the National Convention in Burma, whose role is to recommend changes to Burma’s constitution aimed at legitimising military rule, includes delegates hand-picked by the military regime and excludes representatives of the NLD and ethnic minority groups, and
(iv): the convention is expected to report in the near future;

(b)

condemns the ongoing persecution of pro-democracy groups in Burma and the detention of Daw Aung San Suu Kyi and other political prisoners; and

(c)

urges the Government to maintain international pressure on the Burmese military regime to:

(i): end state-sponsored human rights abuses in Burma,
(ii): release political prisoners,
(iii): hold a dialogue with the NLD and ethnic minority groups to pursue national reconciliation and democratisation, and
(iv): include pro-democracy and ethnic minority groups in the National Convention process.

Senator Milne to move on the next day of sitting:

That the Senate:

(a)

notes:

(i): that 2007 marks the 20th anniversary of the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol), arguably the most successful multilateral environmental agreement and that since 1987, the Montreal Protocol has resulted in a 95 per cent reduction in global emissions of ozone depleting substances through the use of binding controls with strict compliance measures, financing mechanisms and trade restrictions,
(ii): the Montreal Protocol has already postponed the impacts of climate change by approximately 10 years, because the ozone depleting substances also have extremely high global warming potentials,
(iii): a number of parties to the Montreal Protocol have proposed amendments to the Montreal Protocol to accelerate the phase-out of hydrochlorofluorocarbons (HCFCs) in order to further delay these impacts by preventing the emission of approximately 2.5 gigatonnes of CO equivalent, and
(iv): that an accelerated HCFC phase-out gives environmentally-friendly alternatives a fairer chance to compete on the market, particularly as alternatives exist for HCFCs in all applications, and that additional measures are needed to ensure natural refrigerants are used in preference to hydrofluorocarbons which are themselves potent industrial greenhouse gases covered by the Kyoto Protocol; and

(b)

calls on the Government to support the recommendations of the Stockholm Group, the Environmental Investigation Agency and the parties proposing amendments to the Montreal Protocol to accelerate the phase-out of HCFCs at the 19th meeting of the parties in Montreal, Canada, to be held in September 2007.

Senator Abetz to move on the next day of sitting:

: That consideration of the business before the Senate on Wednesday, 8 August 2007 and on Wednesday, 15 August 2007 be interrupted at approximately 5 pm, but not so as to interrupt a senator speaking, to enable Senators Fisher and Cormann, respectively, to make their first speeches without any question before the chair.

Senator Forshaw to move on the next day of sitting:

That the Senate:

(a)

notes that:

(i): 2007 is the Year of the Lifesaver,
(ii): that the Cronulla Surf Life Saving Club, one of the seven foundation clubs of the Australian Surf Life Saving Association, is currently celebrating its centenary year and held its 100th annual general meeting on Sunday, 5 August 2007, and
(iii): that during the past 100 years members of the club have performed more than 9 000 rescues with no lives lost;

(b)

recognises that the Cronulla Surf Life Saving Club has been one of the most successful clubs in the history of surf life saving championships, including being the only club to win three consecutive World, Australian, State and Branch Championships Pointscores; and

(c)

congratulates the Cronulla Surf Life Saving Club for its 100 years of ‘vigilance and service’ to the community.

3:36 pm

Eric Abetz (Tasmania, Liberal Party, Minister for Fisheries, Forestry and Conservation) Share this | Link to this | Hansard source

I give notice that, on the next day of sitting, I shall move:

: That the provisions of paragraphs (5) to (8) of standing order 111 not apply to the following bills, allowing them to be considered during this period of sittings:

APEC Public Holiday Bill 2007

Appropriation (Northern Territory National Emergency Response) Bill (No. 1) 2007-2008

Appropriation (Northern Territory National Emergency Response) Bill (No. 2) 2007-2008

Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007

Northern Territory National Emergency Response Bill 2007

Social Security and Other Legislation Amendment (Welfare Payment Reform) Bill 2007.

I table statements of reasons justifying the need for these bills to be considered during these sittings and seek leave to have the statements incorporated in Hansard.

Leave granted.

The statements read as follows—

STATEMENT OF REASONS FOR INTRODUCTION AND PASSAGE IN THE 2007 SPRING SITTINGS

APEC Public Holiday Bill 2007

Purpose of the Bill

The bill ensures that all federal system employees who work in the local government areas in which the APEC public holiday on 7 September 2007 is to be observed, will be entitled a paid day off on that public holiday. On 4 July 2007, the Industrial and Other Legislation Amendment (APEC Public Holiday) Act 2007 (the NSW Act) was enacted by the NSW Parliament. The NSW Act deems 7 September 2007 as a public holiday under State industrial instruments for NSW employees who work in the local government areas in which the APEC public holiday is to be observed and would otherwise be required to work on that day.

To the extent possible, the bill mirrors the approach taken in the NSW Act. It applies only to those federal system employees working in areas in which the APEC public holiday is to be observed, and who are not covered by the statutory minimum public holiday entitlement in Part 12, Division 2 of the Workplace Relations Act 1996. For this reason, the legislation applies only to employees covered by pre-reform certified agreements, pre-reform Australian Workplace Agreements, s 170MX awards, preserved State agreements and transitional awards and whose instrument does not provide for public holiday entitlements on that day.

Reasons for Urgency

The bill relates specifically to public holiday entitlements on the APEC public holiday and therefore must be in place before the APEC public holiday on 7 September 2007. The bill will need to be introduced and passed by 16 August 2007.

Social Security And Other Legislation Amendment (Welfare Payment Reform) Bill 2007

Northern Territory National Emergency Response Bill 2007

Families, Community Services And Indigenous Affairs And Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Bill 2007

Appropriation (Northern Territory National Emergency Response) Bill (No. 1) 2007-2008

Appropriation (Northern Territory National Emergency Response) Bill (No. 2) 2007-2008

Purpose of the Bills

The package of bills will:

provide the legislation for new national welfare measures to help children at risk of neglect, or who are not enrolled at school or adequately attending school, by establishing a national income management regime, under which part of a person’s payment will be used to pay the priority needs of that person, their partner and their children, without reducing overall payments;
establish an income management regime that applies in respect of people on certain welfare payments in the Northern Territory, as part of the Commonwealth’s Northern Territory National Emergency Response, and in Cape York;
provide the remaining legislation in relation to the Australian Government’s response to the national emergency confronting the welfare of Aboriginal children in the Northern Territory, including restrictions on alcohol, bans on prohibited pornographic material, acquisition of certain leases, provision for government retention of interest in buildings and infrastructure constructed or upgraded on Aboriginal land using government funds and certain changes to the provisions governing access to Aboriginal land; and
provide Supplementary Appropriation Bills that request legislative authority for further expenses to be incurred in 2007-2008.

Reasons for Urgency

The impact of sexual abuse on Indigenous children, families and communities is a most serious issue requiring decisive and prompt action. To protect children and put an end to the dysfunction of communities requires a national emergency response.

Early passage would secure the early implementation of these important measures to help ensure that children receive appropriate care and attend school. It would also secure the emergency response necessary in relation to the Australian Government’s response to the national emergency confronting the welfare of Aboriginal children in the Northern Territory, including by allowing funds to be made available to agencies.

Senator Stott Despoja to move on 9 August 2007:

(1)

That a select committee, to be known as the Select Committee on Australia’s Anti-terrorism Laws be established to inquire into and report upon Australia’s anti-terrorism laws in light of the case of Dr Mohamed Haneef, including whether the laws which enabled the detention and charging of Dr Haneef:

(a): adequately safeguard Australian citizens from the threat of terrorism;
(b): reasonably and adequately define ‘terrorism’ and terrorism-related offences;
(c): provide reasonable and adequate guidance on matters of policy, practice and procedure to investigative and enforcement agencies, such as the Australian Federal Police;
(d): maintain an appropriate balance between the need to curtail individual freedoms in situations involving a terrorist threat and the fundamental civil liberties and human rights of Australian citizens;
(e): have affected fundamental principles of justice such as the presumption of innocence and habeus corpus, and the granting of bail;
(f): allow for periods of indefinite detention of suspects while being questioned or contain provisions allowing for periods of ‘dead time’ which require amendment or review;
(g): are in accordance with notions of procedural fairness and natural justice;
(h): contain or require provisions allowing parliamentary or judicial review;
(i): are compatible with Australia’s obligations under international law;
(j): interact appropriately with other powers of detention or deportation, for example immigration laws; and
(k): any other related matters pertaining to the operation of the laws.

(2)

That the committee present its final report on or before 1 December 2007.

(3)

That the committee consist of 9 senators, as follows:

(a): 4 to be nominated by the Leader of the Government in the Senate;
(b): 3 to be nominated by the Leader of the Opposition in the Senate; and
(c): 2 to be nominated by minority groups or independents.

(4)

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.

(5)

That the committee elect as chair one of the members nominated by the non-government parties in the Senate.

(6)

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.

(7)

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

(8)

That the quorum of the committee be 5 members.

(9)

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.

(10)

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, and that the quorum of a subcommittee be a majority of the senators appointed to the subcommittee.

(11)

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.

(12)

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 Milne to move on the next day of sitting:

That the Senate:

(a)

notes that:

(i): India is not a signatory to the Nuclear Non-Proliferation Treaty (NPT),
(ii): the United States of America (US) and India have agreed to the terms of a deal to exempt India from US laws and international rules that seek to prevent states that are not parties to the NPT from using commercial imports of nuclear technology and fuel to aid their nuclear weapons ambitions,
(iii): under the India-US nuclear deal two reactors dedicated to making plutonium for nuclear weapons and nine power reactors, including a plutonium breeder reactor that is under construction, will be outside international safeguards,
(iv): India needs to import uranium to relieve an acute fuel shortage for its existing nuclear reactors and that importing uranium will free up more of India’s domestic uranium for its military program,
(v): Pakistan has expressed its fears about the India-US nuclear deal, and
(vi): any sale of Australian uranium would contravene the NPT; and

(b)

calls on the Government to use its position in the Nuclear Suppliers Group to block the India-US nuclear deal and reject any sale of Australian uranium to India.

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

That the Senate:

(a): calls on the Prime Minister (Mr Howard) and the Leader of the Opposition (Mr Rudd) to extend the same pre-election courtesy and access to all other sectors in the diverse Australian community that they are showing to the Australian Christian Lobby at the Press Club and around Australia on Thursday, 9 August 2007; and
(b): notes that Indigenous groups, welfare groups, other religions, non-religious groups, unions, small business groups, students, environmental non-government organisations and other sectors of the Australian community are not currently offered the same opportunity to have direct access to addresses by the leaders of the Coalition and Labor Party.

Senator Nettle to move on the next day of sitting:

: That the following matter be referred to the Legal and Constitutional Affairs Committee for inquiry and report by 15 October 2007:

All aspects of the detention and release of Dr Mohamed Haneef, including:

(a): the source and veracity of information upon which decisions were made;
(b): the actions of the Minister for Immigration and Citizenship (Mr Andrews), including his overriding of the Brisbane Magistrate’s Court decision to grant bail to Dr Haneef;
(c): the role of other ministers, including the Attorney-General (Mr Ruddock) and the Prime Minister (Mr Howard);
(d): the investigation by the Australian Federal Police and other agencies;
(e): the decisions taken by the Director of Public Prosecutions;
(f): the international impact on Australia of the Government’s handling of the case; and
(g): any future decisions to be made in relation to Dr Haneef.

Senator Boswell to move on the next day of sitting:

That the Senate:

(a): condemns the dictatorial actions of the Beattie Queensland Government in imposing forced amalgamations on Queensland local government without the opportunity for appeal;
(b): expresses serious concern at the Queensland Government’s decision to impose fines on councillors who put the amalgamation policy to local citizens by referendum;
(c): notes that the International Convention on Civil and Political Rights states that every citizen shall have the right and the opportunity to take part in the conduct of public affairs and that this right is being undermined by the Queensland State Government; and
(d): calls on the Beattie Government to make any amalgamations voluntary as recommended by the Federal Leader of the Opposition (Mr Rudd).

3:42 pm

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

This relates to parliamentarians’ proposed pay increases. I give notice that, on the next day of sitting, I shall move:

: That Determination 2007/08: Principal Executive Office (PEO) Classification Structure and Terms and Conditions, made pursuant to subsections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973, be disapproved.

(which is 20 September 2007)

Ron Boswell (Queensland, National Party) Share this | Link to this | Hansard source

Tell us what you are going to do with your superannuation. Are you going to surrender it? Be honest.

John Hogg (Queensland, Deputy-President) Share this | Link to this | Hansard source

Senator Boswell! Senator Bob Brown, address your comments to the chair.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

I think Senator Boswell should settle down.

John Hogg (Queensland, Deputy-President) Share this | Link to this | Hansard source

Ignore Senator Boswell’s interjection.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Indeed.

Ron Boswell (Queensland, National Party) Share this | Link to this | Hansard source

That’s the thing about you, Bob. You’re such a hypocrite.

John Hogg (Queensland, Deputy-President) Share this | Link to this | Hansard source

Senator Boswell, you will need to withdraw that comment. That is unparliamentary.

Ron Boswell (Queensland, National Party) Share this | Link to this | Hansard source

Is there any defence in truth?

John Hogg (Queensland, Deputy-President) Share this | Link to this | Hansard source

Senator Boswell, withdraw.

Ron Boswell (Queensland, National Party) Share this | Link to this | Hansard source

I withdraw.

Bob Brown (Tasmania, Australian Greens) Share this | Link to this | Hansard source

Deputy President, I accept that withdrawal by Senator Boswell.

Senators Allison, Bartlett, Murray and Stott Despoja to move on the next day of sitting:

: That the following bill be introduced: A Bill for an Act to implement the recommendations of the Human Rights and Equal Opportunity Commission report Same-Sex: Same Entitlements, and for related purposes. Same-Sex: Same Entitlements Bill 2007.

Senator Bob Brown to move on 9 August 2007:

That the Senate requests the Irish Government to inform the Senate about:

(a): the project to route the M3 motorway through the Royal Demesne of Tara and the unique archaeological, historical and cultural site of the Hill of Tara;
(b): the current progress of the project; and
(c): any alternative routes which could be used to protect this unique site.

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 September 2007 for the disapproval of Determination 2007/04: Principal Executive Office (PEO) Classification Structure and Terms and Conditions, made pursuant to subsections 5(2A), 7(3D) and 7(4) of the Remuneration Tribunal Act 1973.

Senate debates

Tuesday, 7 August 2007

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