House of Representatives – 12 September 2011

The House met, at 10 a.m

PRIVATE MEMBERS’ MOTIONS

  • Mr Melham—Community based organisations.
  • Mr Hayes—Spinal Muscular Atrophy Awareness Month.
  • Mr Ripoll—Football Queensland licensing scheme.

Referred to the Main Committee.

BILLS REFERRED TO MAIN COMMITTEE

Mr Fitzgibbon moved—That:

  1. unless otherwise ordered, at the interruption of private Members’ business at noon today, the following bills stand referred to the Main Committee for further consideration:
    • Parliamentary Budget Office 2011; and
    • Charter of Budget Honesty Amendment 2011; and
  2. the following bills be referred to the Main Committee for further consideration:
    • Auditor-General Amendment 2011;
    • Business Names Registration 2011;
    • Business Names Registration (Transitional and Consequential Provisions) 2011; and
    • Business Names Registration (Fees) 2011.

Question—put and passed.

ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION AMENDMENT (MINING, PETROLEUM AND WATER RESOURCES) BILL 2011

Mr Windsor presented a Bill for an Act to amend the Environment Protection and Biodiversity Conservation Act 1999.

  1. Mr Windsor
  • Bill read a first time.
  • Second reading made an order of the day for the next sitting.

WILD RIVERS (ENVIRONMENTAL MANAGEMENT) BILL 2011

Mr Abbott, pursuant to notice, presented a Bill for an Act to protect the interests of Aboriginal people in the management, development and use of native title land situated in wild river areas, and for related purposes.

  1. Mr Abbott
  • Bill read a first time.
  • Second reading made an order of the day for the next sitting.

PARLIAMENTARY BUDGET OFFICE BILL 2011 AND CHARTER OF BUDGET HONESTY AMENDMENT BILL 2011

Cognate debate 

The order of the day having been read for the second reading—Mr Hockey moved—That the bills be now read a second time.

Debate ensued.

  1. Mr Hockey
  2. Mr Robb
  3. Dr Leigh
  4. Ms Saffin

The time allotted for the debate having expired, the debate was interrupted, and the resumption of the debate made an order of the day for a later hour this day.

HEAVY VEHICLE REGULATION

Mr Zappia moved—That this House:

  1. acknowledges the importance of the road transport industry to Australia’s economy;
  2. notes that intergovernmental agreement on heavy vehicle regulatory reform was reached at the Council of Australian Governments meeting on 19 August 2011;
  3. acknowledges the significance of this agreement to Australia’s road transport sector; and
  4. commends the federal Minister for Infrastructure and Transport for his work in bringing about this agreement.

Debate ensued.

  1. Mr Chester
  2. Ms Saffin
  3. Ms Marino
    • Ms Marino moved as an amendment—That the following words be inserted:
      • 5. condemns the Minister for Infrastructure and Transport and the Gillard Government for its introduction of a carbon tax on transport fuel.
    • Ms Marino
  4. Mr Neumann
  5. Mr Tehan

Debate adjourned, and the resumption of the debate made an order of the day for the next sitting.

MESSAGE FROM THE GOVERNOR-GENERAL—ASSENT TO BILLS

A message from Her Excellency the Governor-General was announced informing the House that Her Excellency, in the name of Her Majesty, had assented to the following bills:

8 September 2011—Message No. 108—

  • Income Tax Rates Amendment (Research and Development) 2011.
  • Tax Laws Amendment (Research and Development) 2011.
  • Indigenous Education (Targeted Assistance) Amendment 2011, 12:00:23 PM.

PARLIAMENTARY SERVICE AMENDMENT (PARLIAMENTARY BUDGET OFFICER) BILL 2011

Debate resumed.

  1. Mr Hockey
  2. Ms Brodtmann
  3. Mr Robb
  4. Dr Leigh
  5. Mr Billson
  6. Mr Mitchell
    • Point of order-Dr Southcott
    • Mr Mitchell
  7. Mr Laming

MEMBERS’ STATEMENTS

  1. Mr Frydenberg
  2. Mr Lyons
  3. Mr E. T. Jones
  4. Ms Brodtmann
  5. Mrs K. L. Andrews
  6. Ms Parke
  7. Mr Baldwin
  8. Ms O’Neill
  9. Mr C. Kelly
  10. Mr Lyons
  11. Mr Robert

TEN YEAR ANNIVERSARY OF THE SEPTEMBER 11 TERRORIST ATTACKS—STATEMENTS

  1. Ms Gillard (Prime Minister)by indulgence, made a statement in relation to the tenth anniversary of the September 11 terrorist attacks.
    • Ms Gillard presented the following document:
    • 10th anniversary of the September 11 attacks—Letter from The White House, Washington to the Honourable Julia Gillard MP, Prime Minister of Australia.
  2. Mr Abbott (Leader of the Opposition)by indulgence, also made a statement on the matter.
  • As a mark of respect to the memory of the deceased all Members present stood, in silence.
  • Mr S. F. Smith (Minister for Defence) by leave, moved—That further statements by indulgence in relation to the 10th anniversary of the September 11 terrorist attacks be permitted in the Main Committee.
  • Question—put and passed.

SAM STOSUR—STATEMENTS

  1. Ms Gillard (Prime Minister) by indulgence, made a statement in relation to Sam Stosur, winner of the 2011 US Open singles title.
  2. Mr Abbott (Leader of the Opposition) by indulgence, also made a statement on the matter.
  • Mr Albanese (Leader of the House) by leave, moved—That further statements by indulgence in relation to Sam Stosur be permitted in the Main Committee.
  • Question—put and passed.

MINISTRY—DOCUMENT

Ms Gillard (Prime Minister) presented the following document:

  • Gillard Ministry, 12 September 2011.

and advised the House that she had appointed Mr Butler (Minister for Mental Health and Ageing) as the Minister Assisting the Prime Minister on Mental Health Reform.

MINISTERIAL ARRANGEMENTS

Ms Gillard (Prime Minister), 2:11:59 PM informed the House that, during the absence of Mr Gray (Special Minister of State), Mr O’Connor (Minister for Home Affairs) would answer questions on his behalf.

QUESTIONS WITHOUT NOTICE

  1. Mr Abbott to Ms Gillard (Prime Minister)
    • Point of order-Mr Pyne
    • Ms Gillard
    • Point of order-Mr Albanese
    • Supplementary question Mr Abbott to Ms Gillard (Prime Minister)
  2. Mr Neumann to Ms Gillard (Prime Minister)
  3. Mr Truss to Ms Gillard (Prime Minister)
  4. Ms O’Neill to Mr Bowen (Minister for Immigration and Citizenship)
  5. Mr Morrison to Mr Bowen (Minister for Immigration and Citizenship)
    • Point of order-Mr Morrison
    • Mr Bowen
  6. Mr Katter to Ms Gillard (Prime Minister)
  7. Mr Ripoll to Mr Swan (Treasurer)
  8. Mrs Prentice to Mr Bowen (Minister for Immigration and Citizenship)
  9. Ms Brodtmann to Ms Gillard (Prime Minister)
  10. Mrs K. L. Andrews to Ms Gillard (Prime Minister)
    • Point of order-Mrs K. L. Andrews
    • Ms Gillard
  11. Mrs D’Ath to Mr Combet (Minister for Climate Change and Energy Efficiency)
  12. Mr Morrison to Mr Bowen (Minister for Immigration and Citizenship)
    • Point of order-Mr Morrison
    • Mr Bowen
  13. Mr Perrett to Mr Swan (Treasurer)
  14. Ms J. Bishop to Ms Gillard (Prime Minister)
    • Point of order-Ms J. Bishop
    • Ms Gillard
    • Speaker ordered Mr A. D. H. Smith to withdraw for 1 hour for interjecting
  15. Ms Hall to Ms Macklin (Minister for Families, Housing, Community Services and Indigenous Affairs)
  16. Mr Hockey to Ms Gillard (Prime Minister)
  17. Mr Hayes to Mr Albanese (Minister for Infrastructure and Transport)
  18. Mr Pyne to Ms Gillard (Prime Minister)
  19. Ms Livermore to Mr A. S. Burke (Minister for Sustainability, Environment, Water, Population and Communities)

Personal explanation, Mr Albanese, 3:27:41 PM

AUDITOR-GENERAL’S REPORTS

The Speaker presented the following documents:

  • Auditor-General—Audit reports of 2011–2012—Performance audits—
  • No. 3—Therapeutic goods regulation—Complementary medicines: Department of Health and Ageing.
  • No. 4—Indigenous employment in Government service delivery.
  • No. 5—Development and implementation of key performance indicators to support the Outcomes and Programs Framework.

Reports ordered to be made Parliamentary Papers.

TIME AND ORDER OF BUSINESS FOR TUESDAY, 13 SEPTEMBER 2011

Mr Albanese moved—That the time and order of business for the sitting tomorrow, Tuesday, 13 September 2011, be as follows, unless otherwise ordered:

  1. the House, at its rising, adjourn until tomorrow at 12 noon; and
  2. government business have priority from 12 noon until 2 p.m.

Question—put and passed.

TEN YEAR ANNIVERSARY OF SEPTEMBER 11 TERRORIST ATTACKS—MINISTERIAL STATEMENT

  • Mr McClelland (Attorney-General), by leave, made a ministerial statement relating to the tenth anniversary of the September 11 terrorist attacks.

Suspension of standing and sessional orders—Time for speech

  • Mr McClelland moved—That so much of the standing and sessional orders be suspended as would prevent Mr Keenan speaking in reply to the ministerial statement for a period not exceeding 10½ minutes.
    • Question—put and passed.
  • Mr Keenan addressed the House.

Quorum called and formed – Mr Keenan

PARLIAMENTARY SERVICE AMENDMENT (PARLIAMENTARY BUDGET OFFICER) BILL 2011

Debate resumed.

  1. Mrs D’Ath
  2. Mr Briggs
  3. Mr Oakeshott
  4. Mr Fletcher
  5. Dr Stone
  6. Ms O’Dwyer

Debate adjourned

STRONGER SHIPPING FOR A STRONGER ECONOMY—MINISTERIAL STATEMENT

  • Mr Albanese (Minister for Infrastructure and Transport), by leave, made a ministerial statement relating to stronger shipping for a stronger economy, 5:11:55 PM.

Suspension of standing and sessional orders—Time for speech

  • Mr Albanese moved—That so much of the standing and sessional orders be suspended as would prevent Mr Truss (Leader of The Nationals) speaking in reply to the ministerial statement for a period not exceeding 11 minutes.
    • Question—put and passed.
  • Mr Truss addressed the House.

PARLIAMENTARY SERVICE AMENDMENT (PARLIAMENTARY BUDGET OFFICER) BILL 2011

Debate resumed.

  1. Mr Secker
  2. Mr Turnbull
  3. Mr Tehan
  4. Mr Morrison
  5. Mr C. Kelly
  6. Mr Swan

Question—put. A division having been called for and it was deferred until 8 p.m.

INDIGENOUS AFFAIRS LEGISLATION AMENDMENT BILL (NO. 2) 2011

Debate resumed.

  1. Mr K. J. Andrews
  2. Mr Neumann
  3. Dr Stone
  4. Mr Perrett
  5. Mr E. T. Jones
  6. Ms Saffin

It being 8 p.m., the debate was interrupted and the resumption of the debate made an order of the day for the next sitting.

PARLIAMENTARY SERVICE AMENDMENT (PARLIAMENTARY BUDGET OFFICER) BILL 2011—DEFERRED DIVISION

Question—That the bill be now read a second time

The House divided

  • Ayes – 72 (Including Mr Bandt, Mr Oakeshott, Mr Windsor and Mr Wilkie)
  • Noes – 69 (Including Mr Crook)

Pairs

  • Mr Rudd-Mrs Moylan
  • Mr S. F. Smith-Mr Irons
  • Mr K. J. Thomson-Mr Ciobo
  • Mr Gray-Mr Hawke

And so it was resolved in the affirmative.

GST REVENUE FOR WESTERN AUSTRALIA

Mr Crook moved—That this House:

  1. notes that:
    • Goods and Services Tax (GST) revenues are distributed to the States and Territories in accordance with a formula driven by Horizontal Fiscal Equalisation (HFE) principles and are legislated for in the Federal Financial Relations Act 2009;
    • for 2010-11, Western Australia received just 68 per cent of what it would have received if GST revenue was distributed across Australia on a per capita basis—the lowest relativity applied to any State since the formula was introduced; and
    • every other State and Territory, by contrast, received not less than 91 per cent of what it would have received if GST revenue was distributed evenly across Australia; and
  2. calls on the Government to amend the Act to stipulate a minimum GST revenue-sharing relativity of 75 per cent, which would allow continuing respect for the principles of HFE, but with proper recognition for population, and without Western Australia being unfairly penalised for its disproportionate contribution to our national economic prosperity.

Debate ensued.

  1. Mr Katter
  2. Mr Neumann
  3. Dr Washer
    • Dr Washer moved—That the House: deletes paragraph (2) of the motion and substitutes:
      • 2. calls on the Government to refer the matter of the minimum share of GST allocated to Western Australia to the GST Distribution Review for further consideration and analysis.
  4. Mr Oakeshott

 

The time allotted for the debate having expired, the debate was interrupted, and the resumption of the debate made an order of the day for the next sitting.

PRIVATE MEMBERS’ BUSINESS ORDER OF THE DAY

Upon order of the day No. 3, private Members’ business being called on, Ms Gambaro in the absence of Mrs Moylan, and at her request, moved that the Air Services (Aircraft Noise) Amendment Bill 2011 be postponed until the next sitting.

Question—put and passed.

ADJOURNMENT

  1. Mrs Gash
  2. Mr Mitchell
  3. Mr Wyatt
  4. Ms Rowland
  5. Mr Robb
  6. Mr Lyons
  7. Mr Ramsey
  8. Ms O’Neill
  9. Mr van Manen
  10. Mr Danby
  11. Mr Hunt
  12. Ms Livermore

The House adjourned until 12 noon tomorrow.


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