Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

The question is that the amendment on sheet 7183, as circulated by senators Xenophon and Ludlam, be agreed to.

Senator Xenophon and Senator Ludlam's circulated amendment

At the end of the motion, add:

but the Senate calls on the Government to undertake an examination of the cost of expanding the class of persons eligible for the Repatriation Heath Card - For All Conditions (Gold Card) to include a person who is a nuclear test participant (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2000, and that such examination be completed within three months.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | Link to this | Hansard source

Mr Deputy President, I ask that the question be read by the Clerk under standing order 195—

The question having been read by the C lerk—

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

The question is that the question be agreed to. Those of that opinion say aye, against say no. A division is required; ring the bells for one minute.

In division—

Senator Abetz interjecting—

Under the provisions of the standing orders the bells can be rung for one minute if warning has been given prior, which I had done earlier. It is irrespective of senators who have left the chamber. The bells will be rung for one minute.

Mitch Fifield (Victoria, Liberal Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

Mr Deputy President, a question: in the confusion and some might say the farce that is the current situation, I do not recall the Crimes Legislation Amendment Bill (No.2) 2011 having been dealt with.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

To assist you, Senator Fifield, and all senators, the amendments will be put as we are now putting them. We will deal with all the bills together as a final question at the end after the amendments have been put. I trust that clarifies the matter.

Question put:

That the amendment (Senator Xenophon and Senator Ludlam's) be agreed to.

The Senate divided. [22:37]

(The Deputy President—Senator Parry)

Question negatived.

Is it the wish of the Senate that the statement of reasons accompanying the request be incorporated in Hansard immediately after the request to which it relates?

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | Link to this | Hansard source

No.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Senator Macdonald, by convention this has happened over many years. It has always been ordered by the chair and the senators never object. It so ordered. In respect of the Veteran's Affairs Legislation Amendment (Participants in British Nuclear Tests) Bill 2011, the question is that the request for an amendment circulated by Senator Xenophon on sheet 7184 be agreed to.

Senator Xenophon 's circulated amendment—

(1)   Page 5 (after line 22), at the end of the bill, add:

Schedule 2—Nuclear test participants eligible for Gold Card

Veterans' Entitlements Act 1986

1 After subsection 85(10)

Insert:

(10A)   A person is eligible to be provided with treatment under this Part for any injury suffered, or disease contracted, by the person, whether before or after the commencement of this Act, if:

  (a)   the person is a nuclear test participant (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2006); and

  (b)   either:

     (i)   the Department has notified the person in writing that he or she is or will be eligible for such treatment; or

     (ii)   the person has, by written document lodged at an office of the Department in Australia in accordance with section 5T, notified the Department that he or she seeks eligibility for such treatment.

[nuclear test participants eligible for Gold Card]

Statement pursuant to the order of the Senate of 26 June 2000

This amendment is framed as a request because it increases expenditure under a standing appropriation. The effect of amendment (1) would be to expand the class of persons – to include a person who is a nuclear test participant (within the meaning of the Australian Participants in British Nuclear Tests (Treatment) Act 2006) – who would be eligible for the Repatriation Health Card—For All Conditions (Gold Card) under the Veterans' Entitlements Act 1986.

Statement by the Clerk of the Senate pursuant

to the order of the Senate of 26 June 2000

The Senate has long followed the practice that it should treat as requests amendments which would result in increased expenditure under a standing appropriation. On the basis that amendment (1) would result in increased expenditure under the standing appropriation in section 199 of the Veterans' Entitlements Act 1986, it is in accordance with the precedents of the Senate that this amendment be moved as a request.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern and Remote Australia) Share this | Link to this | Hansard source

Mr Deputy President, I know I am not the brightest in this chamber but I have no idea what the amendment is because this has been guillotined through by the Labor Party and the Greens. I would again ask the Clerk to read the amendment that we are voting upon.

Stephen Parry (Tasmania, Liberal Party) Share this | Link to this | Hansard source

Senator Macdonald, the last two requests you have made in that regard I have agreed to. There have been rulings in the past by Presidents that it is not required when the amendments have been circulated in the chamber. In this case the amendments were circulated at least two hours prior to us reaching the conclusion of the bills. So I will not ask the Clerk to read that question again.

Question put.

Senate divided. [22:43]

(The Deputy President—Senator Parry)

Question negatived.

The balance of the report, from 22:45 Tuesday, 22 November, will be available on the internet and ParlInfo by close of business Wednesday, 23 November.