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COMMONWEALTH OF AUSTRALIA PARLIAMENTARY DEBATES SENATE Official Hansard No. 14, 2001 THURSDAY, 27 SEPTEMBER 2001 THIRTY-NINTH PARLIAMENT FIRST SESSION—SEVENTH PERIOD BY AUTHORITY OF THE SENATE INTERNET The Votes and Proceedings for the House of Representatives are available at: http://www.aph.gov.au/house/info/votes Proof and Official Hansards for the House of Representatives, the Senate and committee hearings are available at: http://www.aph.gov.au/hansard SITTING DAYS—2001 Month Date February 6, 7, 8, 26, 27, 28 March 1, 5, 6, 7, 8, 26, 27, 28, 29 April 2, 3, 4, 5 May 22, 23, 24 June 4, 5, 6, 7, 18, 19, 20, 21, 25, 26, 27, 28 August 6, 7, 8, 9, 20, 21, 22, 23, 27, 28, 29, 30 September 17, 18, 19, 20, 24, 25, 26, 27 October 22, 23, 24, 25, 29, 30, 31 November 1, 12, 13, 14, 15, 19, 20, 21, 22 December 3, 4, 5, 6, 10, 11, 12, 13 RADIO BROADCASTS Broadcasts of proceedings of the Parliament can be heard on the following Parliamentary and News Network radio stations, in the areas identified. CANBERRA 1440 AM SYDNEY 630 AM NEWCASTLE 1458 AM BRISBANE 936 AM MELBOURNE 1026 AM ADELAIDE 972 AM PERTH 585 AM HOBART 729 AM DARWIN 102.5 FM Thursday, 27 September 2001 SENATE 28107 Thursday, 27 September 2001 quest the Government to hold a referendum to ————— amend the Constitution so that: • The Federal Government has the bounden The PRESIDENT (Senator the Hon. constitutional duty, which any citizen may Margaret Reid) took the chair at 9.30 a.m., legally require it to perform and a right supe- and read prayers. rior to state and local governments, to set PETITIONS above the commercial advantage of one gen- The Clerk—Petitions have been lodged eration, protect and restore all we hold in trust for the future for presentation as follows: • Including relics, sites, features, areas, wild- Australian Broadcasting Corporation: life, buildings or things of Aboriginal and Independence and Funding other historical, cultural, architectural, scien- To the Honourable the President and Members of tific, aesthetic, ecological or environmental the Senate in the Parliament assembled: importance; and The petition of the undersigned calls on the Fed- • To care for the maintenance of the balance of eral Government to support: nature, manage land, marine and atmospheric i. the independence of the ABC Board; use so as to avoid their degradation and act ii. the Australian Democrats Private Members’ nationally and internationally in any matter Bill which provides for the establishment of seen as related to these; including a joint Parliamentary Committee to oversee • To prevent military and commercial use or ABC Board appointments so that the Board uranium and derivatives, beach and related is constructed as a multi-partisan Board, mining; to preserve Heritage areas, The truly independent from the government of Great Barrier Reef region at least as origi- the day; nally defined in the 1975 Act and extended iii. an immediate increase in funding to the ABC into Torres Strait and other coral reefs. in order that the ABC can make the transition Your petitioners, as in duty bound, will ever pray. to digital technology without undermining by Senator Bourne (from seven citizens). existing programs and services, and that it Republic Plebiscite: Head of State will be able to do this independently from commercial pressures, including advertising To the Honourable the President and the Members and sponsorship; of the Senate in Parliament assembled: iv. news and current affairs programming is This petition of certain citizens of Australia draws made, scheduled and broadcast free from to the attention of the Senate the growing desire government interference, as required under for Australia to become a republic. law; and Your petitioners therefore request that the Senate v. ABC programs and services which continue conduct a plebiscite asking the Australian people to meet the Charter, and which are made and if Australia should become a republic with an broadcast free from pressures to comply with Australian citizen as Head of State in place of the arbitrary ratings or other measures. Queen. by Senator Bourne (from 17 citizens). by Senator Forshaw (from 117 citizens). Historical and Environmental Assets Petitions received. To the honourable the President and members of NOTICES the Senate in Parliament assembled: Withdrawal The petition of the undersigned respectfully Senator COONAN (New South Wales) showeth: but for a High Court decision narrowly (9.31 a.m.)—Pursuant to notice given on the favouring the Federal Government, 20,000 years last day of sitting, on behalf of the Standing old archaeological cave sites near the Franklin Committee on Regulations and Ordinances, I River, Tasmania, would have been destroyed, like withdraw business of the Senate notice of a United Kingdom Government unable to stop a Wiltshire authority from clearing Stonehenge for motion No. 1 standing in my name for 11 a freeway. Constitutional protection for historical sitting days after today. and environmental assets is needed. Presentation Your petitioners therefore most humbly pray that Senator Stott Despoja to move, on the the Senate in Parliament assembled should re- next day of sitting: That the Senate— 28108 SENATE Thursday, 27 September 2001 (a) notes that the South Australian Committee on Regulations and Ordinances, I Hiroshima Day Committee, on 5 August give notice that 15 sitting days after today I 2001, passed resolutions calling for: shall move that the Veterans’ Entitlements (i) an apology from the Federal (Means Test Treatment of Private Compa- Government to those who were nies—Excluded Companies) Declaration affected by the tests at Maralinga, 2001 made under subsection 52ZZA(5) of Emu, Monte Bello Islands and the Veterans’ Entitlements Act 1986 be dis- Christmas Island, allowed. I seek leave to incorporate in Han- (ii) compensation by the Federal sard a short summary of the committee’s Government of workers, indigenous people and others who were affected concerns with this instrument. by the tests at Maralinga, Emu, Monte Leave granted. Bello Islands and Christmas Island, The summary read as follows— (iii) the Federal Government to retain Veterans’ Entitlements (Means Test Treatment of responsibility for management of Private Companies—Excluded Companies) Dec- nuclear weapons test sites and pluton- laration 2001 made under subsection 52ZZA(5) ium nuclear waste dumps, of the Veterans’ Entitlements Act 1986 (iv) state and federal governments to fully The Declaration excludes a specified class of disclose the results of the radio- companies from the ambit of the definition of activity tests on deceased children, “designated private company” in the Act, with the (v) an inquiry by the South Australian result that assets and income of such companies Government into the health of people will not be attributed to an individual for the pur- who were resident in Whyalla, Port poses of means testing. Augusta, Port Pirie and Adelaide at Section 5 of this Declaration excludes a company the time of the Maralinga and Emu from the definition “designated private company” tests, and if the company has “the sole or dominant pur- (vi) the Australian Government to take pose” of receiving, managing and distributing steps to prevent a repetition of events property transferred to it by a government body such as those that occurred as a result for a community purpose, or income generated of the nuclear weapons tests in from the use of indigenous-held land. The Ex- Australia, in particular to: planatory Statement provides no advice on how (A) oppose the proposed United States the sole or dominant purpose of a company is to nuclear missile defence system, be ascertained. also known as Star Wars, BUSINESS (B) oppose the dumping of national Routine of Business and international nuclear wastes in Motion (by Senator Ian Campbell)—by South Australia, and leave—agreed to: (C) oppose the construction of a nu- clear reactor at Lucas Heights in That divisions may take place after 6 p.m. to- New South Wales; and day. (b) commends the Hiroshima Day Government Business Committee 2001 for its work to ensure a Motion (by Senator Ian Campbell) nuclear free future for South Australia agreed to: and Australia. That the following government business orders Senator Hill, at the request of Senator of the day be considered from 12.45 p.m. till not Boswell, to move, on the next day of sitting: later than 2 p.m. today: That the following bill be introduced: A Bill No. 11 Royal Commissions and Other Leg- for an Act to amend the Commonwealth Electoral islation Amendment Bill 2001 Act 1918 to prevent discrimination against mem- No. 12 Employment, Workplace Relations bers of local government bodies, and for related and Small Business Legislation Amendment purposes. Commonwealth Electoral Amendment (Application of Criminal Code) Bill 2001 (Prevention of Discrimination against Members No. 13 Defence Legislation Amendment of Local Government Bodies) Bill 2001. (Application of Criminal Code) Bill 2001 Senator COONAN (New South Wales) (9.31 a.m.)—On behalf of the Standing Thursday, 27 September 2001 SENATE 28109 No. 14 Transport and Regional Services placed on the Internet, with access to the Legislation Amendment (Application of list through the department’s or agency’s Criminal Code) Bill 2001 home page. No. 15 Cybercrime Bill 2001 (2) The list of contracts referred to in No. 16 Patents Amendment Bill 2001 paragraph (1) indicate: No. 17 Indigenous Education (Targeted As- (a) each contract entered into by the sistance) Amendment Bill 2001 agency which has not been fully No. 18 Olympic Insignia Protection performed or which has been entered Amendment Bill 2001 into during the previous 12 months, and which provides for a No. 19 Customs Tariff Amendment Bill (No. consideration to the value of 4) 2001 $100 000 or more; No.