Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I seek leave to move a motion relating to the notice of motion proposing the disallowance of schedule 2 to the National Health Legislation Amendment (Opioid Dependence Treatment and Maximum Dispensed Quantities) Instrument 2023.

Leave not granted.

Pursuant to contingent notice, I move:

That so much of the standing orders be suspended as would prevent me moving a motion to provide for the consideration of a matter, namely: a motion to provide that a motion relating to the consideration of a disallowance motion may be moved immediately and determined without amendment or debate.

And I move:

That the question be now put.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the question now be put.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the motion to suspend standing orders be agreed to.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I move:

That a motion relating to the consideration of a disallowance motion may be moved immediately and determined without amendment or debate.

And I move:

That the question be now put.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the question now be put.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the procedural motion moved by the minister be agreed to.

A division having been called and the bells being rung

Bridget McKenzie (Victoria, National Party, Shadow Minister for Infrastructure, Transport and Regional Development) Share this | Link to this | Hansard source

This is the only thing you've rushed!

Sue Lines (President) Share this | Link to this | Hansard source

Senator McKenzie, we were doing so well!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I move:

That:

(1) the notice of motion proposing the disallowance of Schedule 2 to the National Health Legislation Amendment (Opioid Dependence Treatment and Maximum Dispensed Quantities) Instrument 2023 be called on immediately and determined without amendment or debate; and

(2) divisions may take place after 4.30 pm for the purposes of the disallowance motion only.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham?

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

A point of order, President. I ask you to rule in the relation to the validity of this motion. Earlier today, the Senate made its will clear in relation to the consideration of this disallowance—albeit in chaotic scenes from the government. At the end of those, the will of the Senate was clear and at that time you advised the Senate that the motion was deferred until the next sitting day. That of course would provide the three-week period for the government to follow its promise, undertake its consultation with community pharmacies and clean up its policy mess. The government appears to be seeking to overturn the rule of the Senate and the determination you gave earlier today in relation to this motion. President, I would ask you to consider the validity of this motion, given the determination of the Senate and yourself earlier today.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Wong?

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

On the point of order, President. The will of the Senate has been demonstrated by the numerous votes we've just had, including on the suspension of standing orders.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, I'll just seek some advice from the Clerk. I'm advised, Senator Birmingham, that the motion is in order. The procedure motion just agreed to requires that the substantive motion be put without amendment or debate, so I will put the question. The question is that the motion moved by Minister Wong be agreed to. Division required? Ring the bells for one minute.

A division having been called and the bells being rung

An honourable senator interjecting

I don't believe that was debate. That was simply a point of order by Senator Birmingham.

An honourable senator interjecting

I refer you to the standing orders.

Senator McGrath!

Order! Senator McGrath, I have just called you, and I expect you to come to order! The question is as moved by the minister.