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Procedural Digest No. 25 45Th Parliament
HOUSE OF REPRESENTATIVES November/December 2018 M T W T F Procedural Digest 26 27 28 29 30 No. 25 3 4 5 6 7 45th Parliament 26 November – 6 December 2018 Selected entries contain links to video footage via Parlview. Please note that the first time you click a [Watch] link, you may need to refresh the page (ctrl+F5) for the correct starting point. Bills 25.01 Opposition amendments ruled out of order During consideration in detail of the Fair Work Amendment (Family and Domestic Violence Leave) Bill 2018, the Shadow Minister for Employment and Workplace Relations, by leave, moved 18 opposition amendments to the bill. The Deputy Speaker ruled that the opposition amendments were out of order as they were not within the title or relevant to the subject matter of the bill. In response to points of order from the Manager of Opposition Business and the Leader of the House, the Speaker, having taken the Chair, made a statement in support of the Deputy Speaker’s ruling. Consideration in detail concluded and the bill was passed by the House. Hansard: 4 December 2018, 12465-70 Votes and Proceedings: 2018/2009 SO 150 25.02 Consideration of the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018 On Wednesday 5 December, the Treasurer presented the Treasury Laws Amendment (Prohibiting Energy Market Misconduct) Bill 2018. The Treasurer’s second reading speech was interrupted at 1.30 pm for Members’ Statements and he was granted leave to continue his speech at a later hour. Later, the Treasurer completed his speech and, in accordance with standing order 142, the debate was adjourned to a future sitting. -
Legislative Assembly
6545 LEGISLATIVE ASSEMBLY Wednesday 25 February 2004 ______ Mr Speaker (The Hon. John Joseph Aquilina) took the chair at 10.00 a.m. Mr Speaker offered the Prayer. AUDITOR-GENERAL'S REPORT Mr Speaker announced the receipt, pursuant to section 52A of the Public Finance and Audit Act 1983, of the report entitled "New South Wales Auditor-General's Report—Financial Audits—Volume One 2004". Ordered to be printed. STRATA SCHEMES MANAGEMENT AMENDMENT BILL Second Reading Debate resumed from 4 December 2003. Ms KATRINA HODGKINSON (Burrinjuck) [10.00 a.m.]: The Opposition will not oppose the Strata Schemes Management Amendment Bill. However, during consultation stakeholders raised a number of concerns about several aspects of the bill and the way in which some of its provisions will impact on strata management practices. I will read onto the Parliamentary record a collection of the stakeholders' comments about the proposed legislation. I take the opportunity to thank the many stakeholders who were contacted for their response to the legislation, in particular, the Property Owners Association of New South Wales for its detailed submission and the Institute for Strata Title Management Ltd and the Retirement Village Residents Association for their respective submissions. Strata living is an important feature of a considerable segment of the State's population. The Strata Titles Act and its successor, the Strata Schemes Management Act, were designed to deal with relatively small blocks of units for a group of residents who were able to manage the property, often assisted by a strata managing agent. Such residents are now called an "executive committee" in this bill. -
Proposed Redistribution of Victoria Into Electoral Divisions: April 2017
Proposed redistribution of Victoria into electoral divisions APRIL 2018 Report of the Redistribution Committee for Victoria Commonwealth Electoral Act 1918 Feedback and enquiries Feedback on this report is welcome and should be directed to the contact officer. Contact officer National Redistributions Manager Roll Management and Community Engagement Branch Australian Electoral Commission 50 Marcus Clarke Street Canberra ACT 2600 Locked Bag 4007 Canberra ACT 2601 Telephone: 02 6271 4411 Fax: 02 6215 9999 Email: [email protected] AEC website www.aec.gov.au Accessible services Visit the AEC website for telephone interpreter services in other languages. Readers who are deaf or have a hearing or speech impairment can contact the AEC through the National Relay Service (NRS): – TTY users phone 133 677 and ask for 13 23 26 – Speak and Listen users phone 1300 555 727 and ask for 13 23 26 – Internet relay users connect to the NRS and ask for 13 23 26 ISBN: 978-1-921427-58-9 © Commonwealth of Australia 2018 © Victoria 2018 The report should be cited as Redistribution Committee for Victoria, Proposed redistribution of Victoria into electoral divisions. 18_0990 The Redistribution Committee for Victoria (the Redistribution Committee) has undertaken a proposed redistribution of Victoria. In developing the redistribution proposal, the Redistribution Committee has satisfied itself that the proposed electoral divisions meet the requirements of the Commonwealth Electoral Act 1918 (the Electoral Act). The Redistribution Committee commends its redistribution -
The Caretaker Election
26. The Results and the Pendulum Malcolm Mackerras The two most interesting features of the 2010 election were that it was close and it was an early election. Since early elections are two-a-penny in our system, I shall deal with the closeness of the election first. The early nature of the election does, however, deserve consideration because it was early on two counts. These are considered below. Of our 43 general elections so far, this was the only one both to be close and to be an early election. Table 26.1 Months of General Elections for the Australian House of Representatives, 1901–2010 Month Number Years March 5 1901,1983, 1990, 1993, 1996 April 2 1910, 1951 May 4 1913, 1917, 1954, 1974 July 1 1987 August 2 1943, 2010 September 4 1914, 1934, 1940, 1946 October 6 1929, 1937, 1969, 1980, 1998, 2004 November 7 1925, 1928, 1958, 1963, 1966, 2001, 2007 December 12 1903, 1906, 1919, 1922, 1931, 1949, 1955, 1961, 1972, 1975, 1977, 1984 Total 43 The Close Election In the immediate aftermath of polling day, several commentators described this as the closest election in Australian federal history. While I can see why people would say that, I describe it differently. As far as I am concerned, there have been 43 general elections for our House of Representatives of which four can reasonably be described as having been close. They are the House of Representatives plus half-Senate elections held on 31 May 1913, 21 September 1940, 9 December 1961 and 21 August 2010. -
Redistribution of New South Wales Into Electoral Divisions FEBRUARY 2016
Redistribution of New South Wales into electoral divisions FEBRUARY 2016 Report of the augmented Electoral Commission for New South Wales Commonwealth Electoral Act 1918 Feedback and enquiries Feedback on this report is welcome and should be directed to the contact officer. Contact officer National Redistributions Manager Roll Management Branch Australian Electoral Commission 50 Marcus Clarke Street Canberra ACT 2600 Locked Bag 4007 Canberra ACT 2601 Telephone: 02 6271 4411 Fax: 02 6215 9999 Email: [email protected] AEC website www.aec.gov.au Accessible services Visit the AEC website for telephone interpreter services in 18 languages. Readers who are deaf or have a hearing or speech impairment can contact the AEC through the National Relay Service (NRS): – TTY users phone 133 677 and ask for 13 23 26 – Speak and Listen users phone 1300 555 727 and ask for 13 23 26 – Internet relay users connect to the NRS and ask for 13 23 26 ISBN: 978-1-921427-44-2 © Commonwealth of Australia 2016 © State of New South Wales 2016 The report should be cited as augmented Electoral Commission for New South Wales, Redistribution of New South Wales into electoral divisions. 15_0526 The augmented Electoral Commission for New South Wales (the augmented Electoral Commission) has undertaken a redistribution of New South Wales. In developing and considering the impacts of the redistribution, the augmented Electoral Commission has satisfied itself that the electoral divisions comply with the requirements of the Commonwealth Electoral Act 1918 (the Electoral Act). The augmented Electoral Commission commends its redistribution for New South Wales. This report is prepared to fulfil the requirements of section 74 of the Electoral Act. -
Procedural Digest 10 11 12 13 14
HOUSE OF REPRESENTATIVES September 2018 M T W T F Procedural Digest 10 11 12 13 14 No. 23 17 18 19 20 21 45th Parliament 10 – 20 September 2018 Selected entries contain links to video footage via Parlview. Please note that the first time you click a [Watch] link, you may need to refresh the page (ctrl+F5) for the correct starting point. Bills 23.01 Response to contamination of strawberries and other fruits; bill introduced and passes all stages On Wednesday 19 September, during his answer to a question without notice, the Prime Minister referred to recent cases of food contamination across Australia. He advised that the Government would be introducing legislation to increase penalties for food tampering. The Leader of the Opposition, by indulgence, made a brief statement in support of the Prime Minister’s remarks. The following morning the Attorney-General, pursuant to notice, presented the Criminal Code Amendment (Food Contamination) Bill 2018 and made a second reading speech. Leave was granted for the second reading debate to continue immediately. The Manager of Opposition Business advised that speakers had been asked to keep their speeches within a reasonable time frame, on the understanding that it was the intention of the House to pass the bill that morning. Several Members spoke to the bill and the Prime Minister summed up the debate. The question that the bill be read a second time was then put and carried on the voices. Leave was granted for the third reading to be moved immediately and on the motion of the Attorney-General, the bill was read a third time. -
Inquiry Into the Regional Partnerships Program
The Senate Finance and Public Administration References Committee Regional Partnerships and Sustainable Regions programs October 2005 © Commonwealth of Australia 2005 ISBN 0 642 71580 7 This document is prepared by the Senate Finance and Public Administration References Committee and printed by the Senate Printing Unit, Parliament House, Canberra. Members of the Committee for the inquiry Senator Michael Forshaw (Chair) ALP, NSW Senator David Johnston (Deputy Chair) LP, WA (replaced Senator Mitchell Fifield) Senator Guy Barnett LP, TAS (replaced Senator John Watson) Senator Carol Brown ALP, TAS Senator Andrew Murray AD, WA Senator Kerry O'Brien ALP, TAS (replaced Senator Claire Moore) Senator Kim Carr ALP, VIC (replaced Senator George Campbell 2 December 2004 to 22 June 2005; Senator Ursula Stephens 1 July 2005 to 17 August 2005, except on 14-15 July, 18-19 July 2005) Senator Ursula Stephens ALP, NSW (replaced Senator George Campbell 22 June 2005 to 13 September 2005) Participating members Senators Abetz, Bartlett, Bishop, Boswell, Brandis, Bob Brown, Carr, Chapman, Colbeck, Conroy, Coonan, Crossin, Eggleston, Evans, Faulkner, Ferguson, Ferris, Fielding, Fierravanti-Wells, Ludwig, Lundy, Sandy Macdonald, Mason, McGauran, McLucas, Milne, Parry, Payne, Ray, Sherry, Siewert, Stephens, Trood and Webber. Secretariat Alistair Sands Committee Secretary Terry Brown Principal Research Officer Lisa Fenn Acting Principal Research Officer Melinda Noble Principal Research Officer Sophie Power Principal Research Officer (August 2005) Alex Hodgson Executive Assistant Committee address Senate Finance and Public Administration Committee SG.60 Parliament House CANBERRA ACT 2600 Tel: 02 6277 3530 Fax: 02 6277 5809 Email: [email protected] Internet: http://www.aph.gov.au/senate_fpa iii iv TABLE OF CONTENTS Members of the Committee for the inquiry................................................... -
The Importance of Boundaries
The importance of boundaries Colin Hughes Emeritus Professor of Politic Science, University of Queensland Research Paper 1 (November 2007) Democratic Audit of Australia Australian National University Canberra, ACT 0200 Australia http://democratic.audit.anu.edu.au The views expressed are the authors and do not necessarily reflect those of the Democratic Audit of Australia. If elections are to be thought fair, their outcomes should correspond as closely as possible to the inputs of voter preferences. A particular percentage of the votes counted for a party should produce close to the same percentage of the seats won by that party. Down that path lie the topics of partisan bias and proportional representation with multi-member electoral districts as the most common solution. But there is a second criterion of fairness which is that outcomes should correspond to the numbers of electors or people to be represented. That criterion is often called equality, and down that path lie the topics of malapportionment and enforced equality as a solution. The two criteria may not work in the same direction.1 In Australia the problem of equality has been debated mainly with respect to the dichotomy of town and country, ‘town’ usually meaning the State capital(s) which have been invariably by far the largest urban center in each State and ‘country’ the rest, though sometimes the larger provincial cities and towns get lumped in with their local metropolis. Should town voters have the same quantity of representation, measured by the number of electors in the electoral districts, as country voters? There has also been a sub-plot, which is what this paper is about, that concerns the existence of a small number of electoral districts spread over exceptionally large areas in which the population, and consequently the numbers of electors, is relatively thin on the ground and widely scattered. -
THE UNIVERSITY of WESTERN AUSTRALIA LAW REVIEW Volume 42(1) May 2017
THE UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW Volume 42(1) May 2017 Articles Ministerial Advisers and the Australian Constitution Yee‐Fui Ng .............................................................................................................. 1 All-Embracing Approaches to Constitutional Interpretation & ‘Moderate Originalism’ Stephen Puttick ........................................................................................................ 30 A Proportionate Burden: Revisiting the Constitutionality of Optional Preferential Voting Eric Chan ................................................................................................................ 57 London & New Mashonaland Exploration Co Ltd v New Mashonaland Exploration Co Ltd: Is It Authority That Directors Can Compete with the Company? Dominique Le Miere ............................................................................................... 98 Claims Relating to Possession of a Ship: Wilmington Trust Company (Trustee) v The Ship “Houston” [2016] FCA 1349 Mohammud Jaamae Hafeez‐Baig and Jordan English ......................................... 128 Intimidation, Consent and the Role of Holistic Judgments in Australian Rape Law Jonathan Crowe and Lara Sveinsson..................................................................... 136 Young Offenders Act 1984 (WA), Section 126 Special Orders: Extra Punitive Sentencing Legislation for Juveniles’ Craig Astill and William Yoo .......................................................................... 155 From Down -
Government Gazette
11221 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 164 Friday, 23 December 2005 Published under authorityNew by Government South Wales Advertising and Information New South Wales LEGISLATIONNew South Wales New South Wales ProclamationsNew South Wales New South Wales Proclamation Proclamation Proclamationunder the underProclamation the New South Wales Childrenunder the and Young Persons (Care and Protection) Amendment under the ChildrenActunderProclamation 2005 the and No 93Young Persons (Care and Protection) Amendment ActChildren 2005 andNo 93Young Persons (Care and Protection) Amendment ChildrenActunder 2005 the and No 93Young Persons (Care and Protection) Amendment Act 2005 No 93 Children and Young Persons (Care and Protection) Amendment, Governor ProclamationActI, Professor 2005 MarieNo 93 Bashir AC, Governor of the State of New South Wales,, Governor with the advice of the Executive Council, and in pursuanceJAMES of section JACOB 2 of the SPIGELMAN, Children, Governor and I, Professor Marie Bashir AC, Governor of the State of New South Wales,, Governor with the underI,Young Professor thePersons Marie (Care Bashir and AC, ByProtection) Governor Deputation ofAmendment the from State Her of Act NewExcellency 2005 South, do, Wales, the by ,Governor Governor thiswith mythe adviceI, Professor of the Marie Executive Bashir Council, AC, Governor and in pursuanceof the State of of section New South2 of the Wales, Children with and the YoungI,adviceProclamation, Professor ofPersons the Marie Executive appoint (Care Bashir 31 andCouncil, DecemberAC, Protection) Governor and 2005 in pursuance of Amendmentas the the State day of ofon sectionAct Newwhich 2005 South2 thatof, thedo, ActWales, Children bycommences thiswith and mythe adviceYoungexcept ofSchedulePersons the Executive 1(Care [1] and Council,and [4]–[8]. -
Office of Environment and Heritage Annual Report 2015-16
Annual Report 2015–16 Office of Environment and Heritage www.environment.nsw.gov.au © 2016 Office of Environment and Heritage With the exception of photographs, the Office of Environment and Heritage (OEH) is pleased to allow this material to be reproduced in whole or in part for educational and non-commercial use, provided the meaning is unchanged and its source, publisher and authorship are acknowledged. Specific permission is required for the reproduction of photographs. OEH has compiled this report in good faith, exercising all due care and attention. No representation is made about the accuracy, completeness or suitability of the information in this publication for any particular purpose. OEH shall not be liable for any damage which may occur to any person or organisation taking action or not on the basis of this publication. Readers should seek appropriate advice when applying the information to their specific needs. All content in this publication is owned by OEH and is protected by Crown Copyright, unless credited otherwise. It is licensed under the Creative Commons Attribution 4.0 International (CC BY 4.0) , subject to the exemptions contained in the licence. The legal code for the licence is available at Creative Commons . OEH asserts the right to be attributed as author of the original material in the following manner: © Office of Environment and Heritage 2016. Cover image: Citizen science is an important tool that helps fill knowledge gaps and improve OEH monitoring, evaluation and reporting activities. Photo credit: P Robey/OEH. -
The Federal Redistribution 2006 NEW SOUTH WALES, Suggestion
24 March 2006 Redistribution Committee for New South Wales Level 4, Roden Cutler House 24 Campbell Street, Haymarket, NSW 2000 Dear Commissioners, I attach the suggestion of the Australian Labor Party, (NSW Branch), for your consideration. This includes a map for each suggested Division and is provided by CD-ROM containing the MapInfo data used by the Australian Electoral Commission. Kind regards, Mark Arbib GENERAL SECRETARY Australian Labor Party (NSW Branch) Suggestions 1 of 36 AUSTRALIAN LABOR PARTY (NEW SOUTH WALES BRANCH) SUGGESTIONS 24TH MARCH, 2006. INTRODUCTION AND APPROACH ADOPTED The suggestions made by the Australian Labor Party (ALP) are the end product of a process that includes extensive consultation with both MP’s and party units. We had to take into account several considerations before making our suggestions. One consideration which frankly, we had to consider is the fact that the current boundaries are the most biased against the ALP in the entire history of Australia. Following the 2004 election, the Australian Labor Party (ALP) has 60 of the 150 seats in the House of Representatives. In 2004 the ALP’s national two party preferred (2PP) vote was 47.3%. On current electoral boundaries, for the ALP to win a majority (76) of Divisions it requires a uniform swing of 5% or 52.3% 2PP. In NSW, in 2004, on current boundaries, for the ALP to win a majority (26) it would have needed 53.4% of the 2PP vote in the State. Yet this state of affairs has arisen in spite of the 1984 reforms to the Australian Electoral Act of one vote one value.