1998-11-103911SENATE101998-11-10Miscellaneous1The Senate met at 10.30 a.m., pursuant to the proclamation of His Excellency the Governor-General.The PRESIDENT(Senator the Hon. Margaret Reid) took the chair.The Clerk read the proclamation.The Deputy appointed by His Excellency the Governor-General for the opening of the Parliament, the Hon. Anthony Murray Gleeson AC, Chief Justice of Australia, having been announced by the Usher of the Black Rod, entered the chamber and took the chair.The Deputy directed the Usher to desire the attendance of the members of the House of Representatives.Members of the House of Representatives having attended accordingly—The Deputy said:Members of the Senate and Members of the House of Representatives: His Excellency the Governor-General, not thinking fit to be present in person at this time, has been pleased to appoint me his Deputy to declare open the Parliament of the Commonwealth, as will more fully appear from the instrument which will now be read by the Clerk of the Senate.The instrument having been read by the Clerk—The Deputy said:Members of the Senate and Members of the House of Representatives: I have it in command from His Excellency the Governor-General to let you know that, after certain members of the Senate and Members of the House of Representatives shall have been sworn, the causes of the Governor-General calling this Parliament together will be declared by him in person at this place; and, it being necessary that a Speaker of the House of Representatives shall be first chosen, you, Members of the House of Representatives, will retire to the place where you are to sit and there proceed to the choice of some person to be your Speaker; and later this day you will present the person whom you shall so choose to the Governor-General at such time and place as he shall appoint.Following the administration of the oath of allegiance to an honourable senator, I will attend in the House of Representatives for the purpose of administering the oath or affirmation of allegiance to honourable Members of that House.The members of the House of Representatives having retired—Miscellaneous2The Deputy said:His Excellency the Governor-General has authorised me to administer the oath or affirmation of allegiance to honourable senators, as will fully appear from the commission which will now be read by the Clerk of the Senate.The commission having been read by the Clerk—Miscellaneous210001CLERKThe Clerk—The certificates of election of senators elected to represent the Australian Capital Territory and the Northern Territory are tabled:Australian Capital Territory— Kate Alexandra Lundy Margaret Elizabeth ReidNorthern Territory— Patricia Margaret Crossin Grant Ernest John TamblingMiscellaneous2Senator Margaret Elizabeth Reid made and subscribed the oath of allegiance.The Deputy having retired, the President again took the chair—The following senators made and subscribed the oath or affirmation of allegiance:Kate Alexandra LundyPatricia Margaret CrossinGrant Ernest John TamblingMiscellaneous22The PRESIDENTThe PRESIDENT10000PON/A10—I inform the Senate that on 3 September 1998, I received a letter from Senator Belinda Neal, resigning her place as a senator for the state of New South Wales. Pursuant to the provisions of section 21 of the Constitution, I notified the Governor of New South Wales of the vacancy in the representation of that state caused by the resignation. I have now received through His Excellency the Governor-General the certificate of the choice by the Houses of Parliament of New South Wales of Stephen Patrick Hutchins as a senator to fill the vacancy caused by the resignation of Belinda Neal. I table the documents.Miscellaneous2Senator Stephen Patrick Hutchins made and subscribed the oath of allegiance.Sitting suspended from 10.53 a.m. to 3.00 p.m.Address in Reply2His Excellency the Governor-General entered the chamber and, being seated, with the President on his right hand, commanded that a message be sent to the House of Representatives intimating that His Excellency desired the attendance of honourable members in the Senate chamber.Honourable members having come with their Speaker, His Excellency was pleased to deliver the following speech:IntroductionOn the third of October, the Australian people re-elected the government and renewed its responsibility for managing the nation's affairs in the interests of all Australians.The government presented the Australian people with a clear set of goals for Australia into the next century, and a detailed strategy for achieving them.The government's priorities for its second term derive directly from those goals and that strategy.They are priorities aimed at realising Australia's unrivalled potential in the twenty-first century through building a stronger Australian economy and a fairer Australian society.They are priorities which provide incentives for individuals and enterprises to succeed within a framework of a strategic but limited role for government.They are priorities centred on stronger families, stronger workplaces and stronger communities.The government's priorities balance fairness and incentive—promoting innovation, choice, opportunity and competition at the same time as ensuring compassion and care for those in genuine need.They are priorities which maximise the potential of Australia's position at a unique intersection of history, geography, economic opportunity and cultural diversity.They are priorities clearly focused on delivering practical and beneficial outcomes for all Australians.Above all, the government is committed to implementing the priorities for its second term on the basis of its unequivocal commitment to the Australian values of decency, openness, tolerance and a fair go for all.Economic challengesThe government is committed to enhancing our national economic performance and providing a policy framework in which more jobs are created and the living standards of Australians are improved.The government's sound economic policies have been crucial in minimising the impact of the Asian financial crisis.The Australian economy has continued to grow rapidly in the last 12 months despite the financial turmoil in our region and the slide into recession that has been experienced by many of our major trading partners.The Australian economy is forecast to remain one of the best performing in our region, and is expected to grow faster than most of the world's major advanced economies over the next two years.The financial turmoil that initially affected a number of Asian economies has spread more widely in recent months. It directly affects Australia's interests. That is why the government has been an active participant in international efforts to contain the crisis, minimise its impact, and provide support for countries in our region afflicted by it. The government will pursue these objectives in APEC and other international forums to advance Australia's broad national interests.Australia's interests are also affected by the recent high level of instability in international financial markets. The government has therefore assumed, and will continue to assume, an active role in efforts to reform and strengthen the international financial system.To ensure the best possible input from both the public and private sectors on what is a vital national interest for Australia and the greatest economic challenge facing the international community, the government has established a task force on international financial issues which combines the expertise of senior public and private sector representatives. It will report by the end of 1998.The stability of the Australian financial system is testimony to the underlying strength of our economy and the world-class reforms to the financial system introduced by the government in its previous term.The government will continue to actively develop and promote Australia as a regional financial centre. The demonstrated stability of our financial system and the incentives created by the government's new tax system will be important factors in achieving that objective.A new tax systemThe government has made it clear that reform of Australia's taxation system is the single most important item of unfinished business in building an economic infrastructure that will enable Australia to compete and prosper in an increasingly competitive world economy.The government has strengthened Australia's economic foundations and enhanced our international competitiveness through a policy framework that has delivered sound fiscal management, low interest rates, low inflation, effective workplace relations reforms and high levels of business investment. Tax reform will build on, and complement, these achievements.The government went to the Australian people in the last election with a plan for a new tax system that will provide the basis for stronger, more sustainable economic growth, higher productivity, more jobs and higher living standards.The government will move quickly to put its bold new plan in place.The new tax system will dramatically reduce the taxation burden on Australians. It will slash business costs, thereby creating scope for more jobs growth. It will reduce fuel excise by around $3.5 billion a year. It will ensure that tax cheats and tax avoiders pay their fair share of taxation by reducing opportunities to operate in the cash economy. It will improve incentives to work and save. And it will be simple and transparent.Under the government's new tax system there will be: personal income tax cuts totalling over $13 billion from July 2000; cuts in income tax rates for about 95 per cent of all individual taxpayers so that around 81 per cent of all taxpayers will face a marginal tax rate of no more than 30 per cent, compared with only 30 per cent of taxpayers now; reductions in business costs of over $10 billion a year, and in particular reductions of $4.5 billion a year in the costs facing Australian exporters; a $2 billion family package, including a simplification of the assistance provided to families to make it easier for them to understand and access their entitlements; abolition of provisional tax; and an up front increase in income support payments so that the aged and other pensioners are more than compensated for the price impact of tax reform.The government's new tax system will modernise the financial basis of Australia's federal system as it prepares to enter its second century. The states and territories will receive all of the GST revenue to replace the most burdensome and inefficient state and federal taxes, as well as the existing Financial Assistance Grants. As a result, the states and territories will have a secure and growing source of revenue to fund essential public services in the future.The end result of the government's reform plan will be a world class taxation system which delivers fair and equitable outcomes for all Australians, and which enhances Australia's economic prospects into the next century.Reform in a community contextWhile the government is determined to maintain the impetus of economic reform to expand Australia's opportunities in an increasingly competitive world, it will continue to be sensitive to community concern, particularly in regional Australia, about the impact and pace of change. It fully recognises the need to ensure that the benefits of reform are fairly shared and that adjustment costs are taken into account in framing policies. Reforms are not ends in themselves. The government's commitment to strategic objectives such as a more productive economy, more effective markets, greater competitiveness and fiscal responsibility is a means to achieving faster jobs growth, more opportunities, rising living standards and a more competitive and dynamic Australia. This commitment is underpinned by the government's strong support for a fair and decent society, including an effective social safety net.Jobs and the workplaceThe government will maintain its efforts to generate strong and sustained jobs growth through sound economic policies and fiscal management, workplace relations reforms, and initiatives to support small business and strengthen the competitiveness of Australian businesses generally.The creation of the Employment, Workplace Relations and Small Business portfolio emphasises the importance of the right workplace relations framework and a dynamic small business sector in securing future jobs growth.The Workplace Relations Act will be amended to include the promotion of youth employment as one of its objectives, and provide for junior wage rates on a continuing basis to protect youth employment.Legislation to reduce the burden of unfair dismissal laws, including the exemption of small businesses from the unfair dismissal provisions of the Workplace Relations Act, will be introduced in the parliament at the earliest opportunity.The government's workplace relations reforms will continue to build on the principles of a direct and simplified relationship between employers and employees, a fair go for all, and genuine freedom of association. The government will also continue to pursue a better system of delivering job services for all Australians. The provision of assistance for the long-term unemployed will remain a priority along with ensuring appropriate assistance for young people, indigenous people and people in rural and regional areas.The Job Network is an important and successful initiative, focused on performance and results, for helping disadvantaged unemployed people to compete effectively for jobs. It will continue to be developed to achieve better outcomes for job seekers.Measures to remove barriers to self-support and create work incentives through the income support and tax systems will be implemented. The government will build on the success of its mutual obligation programs including an expansion of the Work for the Dole program. Ensuring that young people remain connected to the community and develop job skills continues to be a key priority for the government.Our future generationEducation and training are fundamental to achieving our vision for Australia in the twenty-first century. Skills and knowledge of the highest order are essential to maximise job opportunities for Australians in the future and to underpin innovation, technology and competitiveness in Australian enterprises as they compete in the global economy.The government will work to ensure that all young people, whatever their career aspirations, will have access to a strong basic educational grounding and a quality pathway from school to further training and employment.The government will provide additional resources to improve literacy and numeracy standards in all schools and to boost the National Asian Languages Program. It will upgrade funding for schools within the Catholic education system to address identified cost pressures. Furthermore, the government willsupport a Quality Teacher Program to improve teachers' skills and lift the status of teaching in schools.The government will build on the reinvigoration of the traineeship and apprenticeship system achieved during its first term by boosting new apprenticeships in rural and regional small businesses.Higher education policy will focus on expanding access and improving the quality of teaching and research.Families and the communityFamilies will again be a key priority for the government in its new term. This is particularly reflected in the $2 billion package of enhanced family measures in the government's new tax system.The government is committed to increasing opportunities for families to build on and strengthen their own resources and networks of support. The new Family and Community Services portfolio, by drawing together—for the first time—the many different programs of assistance provided to families, will play an important role in achieving this outcome.The new portfolio recognises the central role of families within communities and will assist in developing partnerships between communities, community organisations, business and governments to tackle problems identified at the local level and to strengthen networks of support within communities.Helping families under pressure before they reach the point of crisis is important for the quality of life of families, and for avoiding the consequential costs of family breakdown including youth homelessness, drug addiction, suicide and crime.In its second term, the government will maintain its momentum on the fight against illicit drugs, and will continue to implement its Tough on Drugs initiatives which attack the demand for drugs through education, rehabilitation and active community involvement. These efforts will be backed up with great vigour by effective law enforcement measures to reduce the supply of illicit drugs.The government will build on its achievements for women, with special focus on opportunities for economic independence. It will work to assist women re-entering the work force after a break for parenting or caring responsibilities, and address the health needs of women, including those in rural and remote areas.1999 is the International Year of Older Persons. This will heighten recognition of the enormous contribution older Australians make to the community and the economy. Through the National Strategy for an Ageing Australia, the government will continue to consult the community about the policies and programs which will help older Australians to meet their needs into the next century. The government has made important reforms to ensure the long-term sustainability of aged care services and to improve choice and access to services, including allowing people wherever possible to be cared for at home if they wish. Where residential care is the best option, the government will ensure it is affordable and of a high quality.The government will continue to strengthen the security of veterans and war widows by heightening recognition of their service and improving health and financial assistance. The commemoration program will be boosted to ensure that veterans' courage and sacrifice are honoured and that our proud history is celebrated.HealthThe government will work to improve the health and medical care of all Australians under the Medicare framework.The government is committed to a balanced health system, and to strengthening both the public and private sectors. It is moving quickly to promote the role of private health insurance with the introduction of a 30 per cent rebate on insurance contributions as part of its tax reform package. This initiative—designed to take effect in just over seven weeks on 1 January 1999—will be supported by measures to help funds to keep costs and premiums down, while offering a broader and more attractive range of products to private health insurance clients.The government will work with the states and territories under the new Australian Health Care Agreements to continue to improve the efficiency and quality of services in public hospitals. A major focus will be to ensure that Australians living in rural and remote areas have access to high quality health services.Addressing the huge disparity in the health of our indigenous people will continue to be a priority for the government. Indigenous people need to be able to access good local primary health care services at a level more commensurate with their high level of health need.Regional AustraliaThe government is strongly committed to rural and regional Australia, and recognises the hardships which country people have endured in recent times. The new ministry now has a Transport and Regional Services portfolio, headed by a senior cabinet minister, to focus specifically on the needs and concerns of country Australia.The government's new tax system will contain significant boosts for regional and rural Australia, particularly through the $3.5 billion per year reduction in the cost of fuel.The government will help strengthen the economic and social fabric of rural and regional areas. Priority will be given to establishing Rural Transaction Centres in smaller rural towns as a means of restoring access to services lost over more than a decade. An injection of funding for road, rail, telecommunications and environmental infrastructure, and for flood mitigation, will also deliver substantial benefits to regional Australia.Transport and industry policyAn efficient and integrated transport sector is vital to underpinning economic growth, creating investment and export opportunities, and providing services to people in both urban and regional Australia. The significant reduction in the cost of fuel to all businesses provided under the government's new tax system reflects that priority.The government will continue the revitalisation of the rail industry, including by facilitating major projects such as very high speed train links, and is providing additional funds to improve our road network. The government will maintain a strong, efficient and safe aviation sector, and will address the issues of a second airport for the Sydney region and management of aircraft noise. It will also continue to address issues in the maritime sector to deliver the benefits of a viable Australian shipping industry and a more productive waterfront.The government is committed to the development of industries of the future. Partnership with industry will be strengthened through the development of action agendas in key industries, including biotechnology.Communications and information technologyImproved communications and continuing advances in information technology are fundamentally changing the way we work, live and socialise. To ensure that Australians fully realise the extraordinary potential of these advances in terms of job-creating and other opportunities, the government has established a new portfolio of Communications, Information Technology and the Arts to secure effective information technology cohesion and co-ordination within the Federal Government, and maximum co-operation with other levels of government and industry.In the area of communications, the first priority is the sale of a further share of the government's equity in Telstra. This will bring benefits to Australian taxpayers by paying off public debt and reducing interest payments. There will also be other benefits through initiatives funded by the further sale to improve communications infrastructure and reduce disparities between services to urban and non-urban Australia.The government will continue to boost competitive pressures in the telecommunica tions sector to ensure better services to consumers.As promised before the election, the government will establish an independent inquiry into Telstra's service levels around Australia. Unless and until that inquiry certifies that service levels are adequate, the further sale of Telstra beyond majority government ownership will not be permitted.The approach of the millennium gives pause to consider the critical influence that information technologies will have on economic performance in the twenty-first century. These technologies are already an integral part of Australians' lives and are a key driver of economic and employment growth. Priority will be given to implementing a national strategy for the information economy and continued efforts to address the Year 2000 computer problem.The environmentThe government remains committed to the ecologically sustainable development of our natural resources for the benefit of all Australians.The government will enact the Environment Protection and Biodiversity Conservation Bill as a matter of priority to put in place a streamlined and more effective environment approvals process, and to establish, for the first time in our environmental history, a genuinely integrated approach to biodiversity conservation.The Natural Heritage Trust is now in its third year of operation and represents an unprecedented national commitment to the continued protection of our unique natural environments. The government will build on the proven success of the Trust, and will provide an additional $250 million from the second phase of the sale of Telstra.Australia also has one of the largest and most diverse ocean resources in the world. The government will finalise a national oceans policy that will bring together the interests of all governments, industry groups and the broader community.Australia and the WorldThe first responsibility of government is to provide for the security and defence of the nation and its people.The government will ensure that the Australian Defence Force maintains its capability during a period of great strategic change in our region.The government will strengthen key alliance relationships and expand defence links in the Asia Pacific in order to contribute effectively to regional and international security.The government's commitment to engagement with Asia is unequivocal. So is its determination to strengthen Australia's profound and enduring links with the United States and Europe.The government will work hard at all levels—bilaterally, regionally and multilaterally—to pursue Australia's trade liberalisation objectives and to increase market access for Australian exporters.In our region, the government remains committed to working closely with Indonesia as that country moves forward with its economic recovery and political reform programs. The government will also maintain strong support for the Papua New Guinean Government in its efforts to achieve lasting peace on Bougainville.The government's aid program will continue to focus on poverty alleviation and sustainable development in the region. The government will also continue to promote human rights and democratic institutions, and to ensure greater involvement of the Australian community in the aid program.Australia and the new millenniumThe government will conduct a constitutional referendum by the end of 1999, so that the Australian people can decide whether or not Australia will become a republic. As the Constitutional Convention in February 1998 demonstrated, the nation can debate this issue in an open and constructive manner.In 2001, Australia will celebrate an historic milestone—100 years of nationhood. The Australian achievement is an extraordinary one worthy of great pride and genuine cele bration. It will be a time to recognise the benefits of our unique Australian values, our economic stability, the rule of law and our proud record in both defending and promoting freedom. The centenary celebrations provide a great opportunity for Australians to take stock and look forward to a confident, harmonious and prosperous new century of national achievement.As we approach the new millennium and our Centenary of Federation we also face the challenge of reconciliation between indigenous and other Australians.The government will work to achieve the goal of reconciliation over the next two years. It will do so in the knowledge that the great majority of Australians want true reconciliation to be achieved and will support a co-operative approach to achieve that outcome.The government continues to believe in the importance of achieving practical outcomes for indigenous Australians—particularly in terms of improvements in their health care, their education, their housing and their job opportunities. In its second term, therefore, the government will be looking to secure ongoing progress in these key areas.ConclusionThe strategy to which the government is clearly committed, and the priorities and goals which it has set, directly relate to the challenges which Australians face as we prepare to enter the twenty-first century.In implementing its plan for a stronger Australia, the government recognises the clear responsibilities with which it has been charged by the Australian people. Its driving purpose will continue to be the fulfilment of those responsibilities in a way that achieves practical benefits for all Australians and that enhances Australia's national interest in a unifying way.His Excellency the Governor-General and members of the House of Representatives retired.Sitting suspended from 3.39 p.m. to 5.00 p.m.THE PRESIDENT took the chair at 5.00 p.m., and read prayers.Governor-General's Speech910000PRESIDENTThe PRESIDENT—I inform the Senate that I have received a copy of the opening speech which His Excellency the Governor-General was pleased to deliver to both houses of the parliament.Ordered that consideration of the Governor-General's opening speech be an order of the day for the next day of sitting.Ministerial Arrangements917:02:009Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—by leave—As Senator Hill is absent overseas attending the fourth meeting of the Conference of the Parties to the Framework Convention on Climate Change, I have the honour to inform the Senate that, following the election held on 3 October 1998, the Governor-General commissioned the Prime Minister, Mr Howard, to form a government. The ministry was appointed on 21 October 1998. Ministerial arrangements, including the arrangements for representation in each chamber and details of the appointment of parliamentary secretaries, are set out in a document which I understand has been circulated. I seek leave to have the document incorporated in Hansard .Leave granted.The document read as follows—SECOND HOWARD MINISTRY TITLEMINISTEROTHER CHAMBER Prime Minister The Hon John Howard, MPSenator the Hon Robert HillMinister for Aboriginal and Torres Strait Islander Affairs Senator the Hon John HerronThe Hon Philip Ruddock, MPMinister Assisting the Prime MinisterThe Hon Wilson Tuckey, MPParliamentary Secretary to CabinetSenator the Hon Bill Heffernan Minister for Trade (Deputy Prime Minister) The Hon Tim Fischer, MPSenator the Hon Robert HillParliamentary Secretary (Trade)The Hon Larry Anthony, MP Minister for Foreign Affairs The Hon Alexander Downer, MPSenator the Hon Robert HillParliamentary Secretary (Foreign Affairs)The Hon Kathy Sullivan, MP TreasurerThe Hon Peter Costello, MPSenator the Hon Rod KempAssistant TreasurerSenator the Hon Rod KempThe Hon Peter Costello, MPMinister for Financial Services and RegulationThe Hon Joe Hockey, MPSenator the Hon Rod Kemp Minister for Transport and Regional ServicesThe Hon John Anderson, MPSenator the Hon Ian MacdonaldMinister for Regional Services, Territories and Local GovernmentSenator the Hon Ian MacdonaldThe Hon John Anderson, MP Minister for the Environment and Heritage (Leader of the Government in the Senate) Senator the Hon Robert HillThe Hon Mark Vaile, MPParliamentary SecretaryThe Hon Sharman Stone, MP Minister for Communications, Information Technology and the Arts (Deputy Leader of the Government in the Senate) Senator the Hon Richard AlstonThe Hon Peter McGauran, MPMinister for the Arts and the Centenary of Federation (Deputy Leader of the House)The Hon Peter McGauran, MPSenator the Hon Richard AlstonParliamentary Secretary (Manager of Government Business in the Senate)Senator the Hon Ian Campbell Minister for Employment, Workplace Relations and Small Business (Leader of the House) The Hon Peter Reith, MPSenator the Hon Richard AlstonMinister for Employment ServicesThe Hon Tony Abbott, MPSenator the Hon Richard Alston Minister for Family and Community Services Minister Assisting the Prime Minister for the Status of Women Senator the Hon Jocelyn NewmanThe Hon Warren Truss, MPMinister for Community ServicesThe Hon Warren Truss, MPSenator the Hon Jocelyn Newman Minister for DefenceThe Hon John Moore, MPSenator the Hon Jocelyn NewmanMinister Assisting the Minister for DefenceThe Hon Bruce Scott, MPMinister for Veterans AffairsThe Hon Bruce Scott, MPSenator the Hon Jocelyn NewmanParliamentary SecretarySenator Eric Abetz Minister for Health and Aged CareThe Hon Dr Michael Wooldridge, MPSenator the Hon John Herron Minister for Aged CareThe Hon Bronwyn Bishop, MPSenator the Hon John Herron Parliamentary SecretarySenator the Hon Grant Tambling Minister for Finance and AdministrationThe Hon John Fahey, MPSenator the Hon Chris EllisonSpecial Minister of StateSenator the Hon Chris EllisonThe Hon John Fahey, MPParliamentary SecretaryThe Hon Peter Slipper, MP Minister for Education, Training and Youth Affairs (Vice-President of the Executive Council) Minister Assisting the Prime Minister for the Public Service The Hon Dr David Kemp, MPSenator the Hon Chris EllisonParliamentary SecretaryThe Hon Trish Worth, MP Minister for Industry, Science and ResourcesSenator The Hon Nick MinchinThe Hon John Moore, MPMinister for Sport and Tourism Minister Assisting the Prime Minister for the Sydney 2000 GamesThe Hon Jackie Kelly, MPSenator the Hon Nick MinchinParliamentary SecretaryThe Hon Warren Entsch, MP Attorney-GeneralThe Hon Daryl Williams, AM QC MPSenator the Hon Amanda VanstoneMinister for Justice and CustomsSenator the Hon Amanda VanstoneThe Hon Daryl Williams, AM QC MP Minister for Agriculture, Fisheries and ForestryThe Hon Mark Vaile, MPSenator the Hon Richard AlstonMinister for Forestry and ConservationThe Hon Wilson Tuckey, MPSenator the Hon Robert HillParliamentary SecretarySenator the Hon Judith Troeth Minister Immigration and Multicultural Affairs Minister assisting the Prime Minister for Reconciliation The Hon Philip Ruddock, MPSenator the Hon Amanda VanstoneParliamentary SecretarySenator the Hon Kay PattersonEach box represents a portfolio. Cabinet Ministers are shown in bold type . As a general rule, there is one department in each portfolio. Except for the Department of the Prime Minister and Cabinet, and the Department of Foreign Affairs and Trade, the title of each department reflects that of the portfolio minister. There is also a Department of Veterans Affairs in the Defence portfolio. Miscellaneous1217:03:0012Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I would also like to inform the Senate that Senator Paul Calvert has been re-appointed Government Whip in the Senate and Senator Helen Coonan has been appointed as Deputy Government Whip. Senator Bill O'Chee has been re-appointed as National Party Whip in the Senate.Miscellaneous1217:03:0012Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—by leave—First of all, I congratulate the government on its re-election and those ministers and office holders whose appointments have just been announced by the Acting Leader of the Government in the Senate.I inform the Senate that I have been re-elected as Leader of the Opposition in the Senate and that Senator Peter Cook has been re-elected as Deputy Leader. I seek leave to incorporate in Hansard a list of shadow ministry representation and parliamentary secretaries for the opposition in both chambers.Leave granted.The list read as follows—SHADOW MINISTRYHon Kim C Beazley MP Leader of the OppositionHon Simon Crean MP Deputy Leader of the Opposition Shadow TreasurerSenator the Hon John Faulkner Leader of the Opposition in the Senate Shadow Minister for Public Administration and Government Services Shadow Minister for Olympic Coordination and the Centenary of FederationSenator the Hon Peter Cook Deputy Leader of the Opposition in the Senate Shadow Minister for TradeHon Arch Bevis MP Shadow Minister for Industrial RelationsSenator the Hon Nick Bolkus Shadow Minister for Environment and HeritageHon Laurie Brereton MP Shadow Minister for Foreign AffairsSenator Stephen Conroy Shadow Minister for Financial Services and RegulationSenator Chris Evans Shadow Minister for Family Services and the AgedHon Martyn Evans MP Shadow Minister for Science and ResourcesLaurie Ferguson MP Shadow Minister for Defence Science and Personnel Shadow Minister for Forestry and ConservationMartin Ferguson MP Shadow Minister for Employment, Training and PopulationJoel Fitzgibbon MP Shadow Minister for Small Business and TourismCheryl Kernot MP Shadow Minister for Regional Development, Infrastructure, Transport and Regional ServicesHon Duncan Kerr MP Shadow Minister for Justice and Customs Shadow Minister for the ArtsHon Michael Lee MP Shadow Minister for EducationSenator Kate Lundy Shadow Minister for Sport and Youth Affairs Shadow Minister Assisting the Shadow Minister for Industry and Technology on Information TechnologyRobert McClelland MP Shadow Attorney-GeneralSenator Sue Mackay Shadow Minister for Regional Services, Territories and Local GovernmentHon Bob McMullan MP Shadow Minister for Industry and Technology Manager of Opposition BusinessJenny Macklin MP Shadow Minister for Health Shadow Minister for Status of WomenHon Stephen Martin MP Shadow Minister for DefenceDaryl Melham MP Shadow Minister for Aboriginal and Torres Strait Islander Affairs Shadow Minister for ReconciliationGavan O'Connor MP Shadow Minister for Agriculture, Fisheries and ForestrySenator the Hon Chris Schacht Shadow Minister for Veterans AffairsHon Con Sciacca MP Shadow Minister for Immigration Shadow Minister Assisting the Leader of the Opposition on Multicultural AffairsStephen Smith MP Shadow Minister for CommunicationsWayne Swan MP Shadow Minister for Family and Community ServicesLindsay Tanner MP Shadow Minister for FinanceKelvin Thomson MP Shadow Assistant TreasurerOTHER ELECTED OFFICERSHouse of RepresentativesHon Leo McLeay MP, Chief Opposition Whip and Deputy Manager of Opposition Business (with the status of a Parliamentary Secretary)Bob Sercombe MP, Opposition WhipRod Sawford MP, Opposition WhipSenateSenator Kerry O'Brien, Senate Opposition WhipSenator John Quirk, Deputy Senate Opposition WhipSenator Kay Denman, Deputy Senate Opposition WhipAPPOINTED SECRETARIESAnthony Albanese MP, Parliamentary Secretary to the Shadow Minister for Family and Community ServicesAlan Griffin MP, Parliamentary Secretary to the Shadow Minister for HealthBob Horne MP, Parliamentary Secretary to Shadow Minister forRegional Development, Infrastructure, Transport and Regional Services5K4Faulkner, Sen JohnSenator FAULKNER—I also inform the Senate that Senator Kim Carr is continuing as Manager of Opposition Business in the Senate, that Senator Kerry O'Brien has been elected as Opposition Whip and that the Opposition Deputy Whips are Senator Quirke and Senator Denman.Miscellaneous1417:04:0014Lees, Sen MegSenator LEES8U4SAAD00—by leave—There are no changes to the leadership of the Australian Democrats. As is the usual procedure, the members across Australia are currently balloting both the leadership and deputy leadership positions and we will duly inform the Senate of the result when the ballots are returned.Miscellaneous1417:05:0014Boswell, Sen RonaldSenator BOSWELLYE4QLDNP10—by leave—I would like to inform the Senate that I was chosen as Leader of the National Party in the Senate. David Brownhill was elected Deputy Leader and Bill O'Chee was appointed as the whip.Distinguished Visitors1410000PRESIDENTThe PRESIDENT—Order! I draw the attention of honourable senators to the presence in the President's gallery of the former distinguished President of the Senate and senator for South Australia, the Hon. Sir Harold Young, who is accompanied by Lady Young. We are very pleased to see you here.UNKNOWNHonourable senatorsHonourable senators—Hear, hear!Miscellaneous1414The PRESIDENTThe PRESIDENT10000PON/A10—Order! Pursuant to standing order 12, I lay on the table my warrant nominating Senators Bartlett, Calvert, Chapman, Crowley, Ferguson, Hogg, Knowles, McKiernan, Murphy, Reynolds and Watson to act as Temporary Chairmen of Committees when the Deputy President and Chairman of Committees is absent.Notices141414Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—I give notice that, on the next day of sitting, I shall move:(1) That the following matters be referred to the Economics References Committee for inquiry and report on or before the last sitting day in May 1999 and that in undertaking this inquiry the Committee consult widely, holding hearings in all states and territories:(a) the measures announced in the document Tax Reform: not a new tax,, a new tax system and the provisions of any bills implementing the measures;(b) the assumptions, calculations, estimates, projections and modelling concerning the various proposals either separately or jointly including, but not limited to: (i) the distribution of wealth in the Australian community, including the distributional impact on differing household types, (ii) the adequacy of the so-called compensation measures proposed and the possible erosion or withdrawal of compensation, (iii) the impact on services provided by non-government organisations such as charities, (iv) the effects on low and middle income families of taxing the necessities of life, (v) the effect of the proposed goods and services tax (GST) and other items of the Coalition tax package on wage costs, and (vi) the estimated levels of revenue to be generated or foregone due to the proposed changes, including the estimated level of revenue to be generated by imposing a GST on food and books;(c) the effect that the proposals would, if implemented, have on the Australian economy, including but not limited to the effects on: (i) employment, (ii) inflation, (iii) interest rates, (iv) economic growth, (v) exports, imports, trade and foreign debt, (vi) investment, (vii) specific regions, including remote communities, (viii) particular industries, including key service industries and small business, and (ix) the cash economy;(d) the adequacy of measures designed to ensure that the GST will never rise above 10 per cent;(e) the adequacy of measures to ensure that consumers fully benefit from the abolition of existing taxes;(f) the detail of items under consideration to be listed as "GST free", including medical items, education and exports (including service exports such as tourism);(g) the findings of the Tax Consultative Committee chaired by Mr David Vos;(h) the implications for the delivery of Commonwealth Government services, including employment services, welfare and other social and cultural services;(i) the implications for the various State and Territory governments of the proposals, including federal-state financial relations and the potential impact on the provision of services by those governments;(j) the implications for local government;(k) the effect that the proposals would, if implemented, have on the environment;(l) the implications of not requiring that the GST component of goods and services be itemised on receipts;(m) alternative taxation measures available to the Government, including options for reducing tax avoidance and evasion; and(n) all matters relevant or incidental to consideration of the above issues.(2) That, in the event that matters related to these terms of reference are referred to other References Committees, the Economics References Committee shall take into account the reports of any such committees in completing its own report on this reference.1515Lees, Sen MegSenator LEES8U4SAAD00—I give notice that, on the next day of sitting, I shall move:(1) That the assumptions, calculations, projections, estimates and modelling which underpinned the Government's proposals for taxation reform, contained in Tax Reform: not a new tax,, a new tax system , be referred to the Economics References Committee for inquiry and report by the last sitting day in February 1999.(2) That, in conducting its inquiry, the Committee examine the following matters:(a) the estimated levels of revenue to be generated or foregone due to the proposed changes, including the estimated level of revenue to be generated by imposing a GST on food and books;(b) the effects of the proposed changes on: (i) national Gross Domestic Product, (ii) national export performance and national debt, (iii) the national Consumer Price Index, and (iv) the distribution of wealth in the Australian community;(c) the effects of the package on future federal budget revenues, expenditures and surpluses, including a critical assessment of the economic assumptions underpinning the Treasury's projections in this regard;(d) the effects of the taxation and compensation package on disposable income and household spending power for a range of `cameo profiles', including, but not limited to those presented in the proposals, under the following scenarios: (i) a GST extended to food, and (ii) a GST not extended to food; with the aim of identifying families and groups who may be disadvantaged by the Government's proposals, focusing on lower and fixed income individuals, groups and organisations, and those with special needs, such as people with disabilities;(e) the assumptions made as to consumption and saving patterns and the cost of living for the various "cameo profiles";(f) whether the stated objectives of the package can be met by using an alternative and fairer approach; and(g) such other matters as the committee considers fall within the scope of this inquiry.(3) That the following matters be referred to references committees in accordance with the schedule below, for inquiry and report by the last sitting day in May 1999, and that in undertaking these inquiries the committees have regard to the report of the Economics References Committee referred to in paragraph (1) and consult widely, holding hearings in all states and territories:CommitteeMatters for InquiryEconomicsThe broad economic effects of the Governments' taxation reform legislation proposals with regard to the fairness of the tax system, the living standards of Australian households (especially those on low incomes), the efficiency of the economy, and future public revenues, including:(a)the effects on equity, efficiency and compliance costs of including, or not including, food in the GST, together with any related adjustments to the package if food were GST zero-rated; (b)the effectiveness of the package in easing the poverty traps facing people on low incomes, and reforming and streamlining tax and income support for families with children;(c)options for amending the income tax schedule to make it more equitable;(d)options for improving the effectiveness of the tax system and reducing inequitable or unreasonable tax avoidance and minimisation, including consideration of the following areas:(i)taxation of foreign companies operating in Australia,(ii)the use of trusts,(iii)negative gearing,(iv)the use of private company structures by individuals to minimise personal income tax on labour or investment income,(v)artificial income splitting,(vi)work related income tax deductions, and(vii)reducing the concessional treatment under the Fringe Benefits Tax on company cars;(e)the potential for tax avoidance and evasion;(f)the effects on compliance costs;(g)the potential for reducing payroll tax, including by providing incentives to create long-term employment;(h)restoration of the 150 per cent tax concession for research and development;(i)Capital Gains Tax, including the implications of the suggested 30 per cent cap on the CGT rate;(j)Excises, including those on fuel, tobacco and alcohol;(k)the effects on interest rates;(l)the effects on investment;(m)the effects on small business;(n)the effects of the GST on particular industries, including: (i)tourism, and (ii)the Australian automobile and related industries, having particular regard to the effects of changes to fuel excises; and(o)options for amending the proposed legislation to improve its fairness or efficiency.Community AffairsThe impacts of the Government's taxation reform legislation on the living standards of Australian households (especially those on low incomes), including:(a)the scope and effectiveness of the proposed arrangements on charities, child care services, aged care services, welfare services and all not-forprofit organisations in maintaining the quality and affordability of essential community services, including the implications for the public funding of these services and the implications for the commercial activities of these organisations;(b)a detailed examination of the zero-rating of health services, including an examination of which services should be zero-rated;(c)the effects on community sector organisations of changes to their tax exempt status, and compliance costs of the proposed tax arrangements;(d)the effects of the proposed private health insurance rebate;(e)the effects on people with disabilities;(f)the effects on public and community housing, including the levels of public rents; and(g)options for amendments to improve the fairness or efficiency of the proposed legislation.Employment, Education and TrainingThe employment incentive and education impacts of the Governments' taxation reform legislation proposals, including:(a)the scope and effectiveness of the proposed zero-rating arrangements for education in maintaining its quality and affordability;(b)the effects on employment;(c)the effects of the proposed GST treatment on the quality, accessibility and affordability of employment services;(d)the effects on education of imposing a GST on, or zero-rating or exempting books and associated education resources;(e)the effects on education of imposing a GST on ancillary resources, services and commercial activities;(f)the effects of the proposed changes to the tax system on employment, including the effects on wage costs;(g)the scope and effectiveness of changing the unemployment benefits, pensions and Newstart Allowance 'tapers';(h)the effects of the proposed changes to the tax system on training and adult education; and(i)options for amendments to improve the fairness or efficiency of the proposed legislation.Environment, Recreation, Communication and the ArtsThe broad environmental effects of the Governments' taxation reform legislation proposals, including:(a)the environmental effects, and likely impacts of changes to fuel excises, particularly but not only diesel, and the replacement of wholesale sale tax (WST) with GST on vehicles and other transport services including:(i)possible increases in greenhouse gas emissions,(ii)increases by amount and type of air pollution,(iii)the effect on public and rail transport, and(iv)the effect on alternative energy use in transport including, but not limited to, compressed natural gas;(b)the environmental effects of the replacement of WST by the GST and associated changes in fuel excises on electricity and natural gas;(c)the impacts of the proposed tax changes on the prices and existing and potential use of renewable energy particularly but not only solar energy technology and energy efficiency equipment;(d)the environmental effects of any changes to taxes on exports;(e)the consistency or otherwise of the proposed changes in taxation and excise arrangements with Australia's international treaty obligations, including its obligations under the Framework Convention on Climate Change;(f)options for a tax system which better achieve environmental objectives, including incentives for fuel efficiency and alternative energy sources, such as measures which promote both environmental protection and employment generation;(g)the extent to which environmental impacts such as these were considered in the drafting and final copy of the Government's tax package;(h)the scope of any consultation on environmental matters with experts in Environment Australia or any other Government departments other than the Treasury and Finance departments;(i)the impact of a GST on ticket sales for the performing arts;(j)the effect of a GST on the transfer of grant monies for arts projects;(k)the effects of the tax proposals on sponsorship provided by the private sector to individual artists and arts organisations;(l)the effect of a GST on not-for-profit conservation and arts organisations; and (m)options for improving the environmental effects of the package.Finance and Public AdministrationThe effects of the Governments' taxation reform legislation proposals on state and local government administration, including:(a)the effects of the package on future federal-state financial relations and the capacities of state and local governments to adequately finance their respective responsibilities in both the short-term and the long-term, including the effects of the proposed transfer of responsibility for local government financial assistance to the states;(b)the implications for specific purpose programs;(c)mechanisms required to lock in commitments made by federal and state governments with regard to the new arrangements;(d)the implications for future federal-state financial relations of not extending the GST to food and books, and any adjustments to the proposed arrangements which would be required to federal-state financial relations;(e)the implications of the package for the quality and affordability of public utility services and for the public utility concessions for social security recipients;(f)the effect of application of the GST to local government activities, particularly commercial activities; and(g)options for improving the effects of the package.Rural and Regional Affairs and TransportThe effects of the taxation reform legislation proposals on rural and regional stakeholders, including:(a)the effects of rural and regional communities of different tax regimes on fuel - especially the cost of transport of goods to rural communities;(b)the effects on primary industry of replacing the current sales tax exemption on agricultural machinery with a GST;(c)the effects of imposing a GST on food on remote communities, including Aboriginal and Islander communities; and(d)options for improving the effects of the package, including mitigating any adverse effects of the proposed tax reforms on rural and remote communities.Legal and Constitutional The effects of the taxation reform legislation proposals on legal and constitutional matters, including:(a)the constitutionality of the proposed mechanism for future changes to the GST, including whether such changes would present a significant hurdle to future increases;(b)the constitutionality of the proposed reorganisation of federal-state tax arrangements and whether the powers and functions of states and territories are materially affected by this reorganisation;(c)the effects of the proposals on the cost of access to justice; and(d)options for improving the effects of the package in these areas.(4) That consideration of any legislation implementing the Government's proposals for taxation reform be postponed until after presentation of all reports required by this resolution, and until after presentation of the Government's responses to these reports.1919Bolkus, Sen NickSenator BOLKUSXE4SAALP00—I give notice that, on the next day of sitting, I shall move:That there be laid on the table by the Leader of the Government in the Senate (Senator Hill), no later than 5 pm on 23 November 1998, all documents relating to the approvals process for the Jabiluka mine and the Jabiluka Mill Alternative including, but not limited to, the following:(a) the report of Environment Australia responding to the Public Environment Report for the Jabiluka Mill Alternative;(b) all correspondence and appendices thereto between the Prime Minister, other relevant ministers and parliamentary secretaries, and departments, agencies or representatives;(c) all correspondence and appendices thereto between the parties mentioned in (a) and the Mirrar people or the Gundjehmi Aboriginal Corporation;(d) all correspondence and appendices thereto between the parties mentioned in (a) and the Northern Land Council, or its representatives;(e) all correspondence and appendices thereto between the parties mentioned in (a) and the Office of the Supervising Scientist, or its representatives;(f) all correspondence and appendices thereto between the parties mentioned in (a) and Energy Resources Australia, or its representatives;(g) copies of any minutes, records of conversations or briefing papers relevant to the approval process and/or any of the parties referred to in (a) to (e); (h) all correspondence and appendices thereto between any of the parties mentioned in (a) to (e) and competent interested parties including agencies of the United Nations Organization;(i) written advice provided by their departments and agencies to the ministers mentioned in (a);(j) any correspondence or appendices thereto between the parties mentioned in (a) and the Attorney-General's Department, the Solicitor-General or other competent authority;(k) advice from Environment Australia to the Minister for the Environment (Senator Hill) dated 25 August 1998 recommending approval for the Jabiluka Mill Alternative on the basis of 100 per cent of tailings being returned underground.1919Kemp, Sen RodSenator KEMPWW4VICLPAssistant Treasurer10—I give notice that, on the next day of sitting, I shall move:That the:(a) Economics Legislation Committee report, on or before 15 February 1999, on the effects on equity, efficiency and compliance costs of including, or not including, food in the Goods and Services Tax (GST), together with any related adjustments to the tax package if food were GST zero-rated;(b) Community Affairs References Committee report, on or before 15 February 1999, on the effects of the zero-rating of health services, including an examination of which services should be zero-rated under the tax package; and(c) Employment, Education and Training References Committee report, on or before 15 February 1999, on: (i) the scope and effectiveness of the proposed zero-rating arrangements in the tax package for education in maintaining its quality and affordabilty, and (ii) the effects on education of imposing a GST on ancillary resources and services.2020Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—I give notice that, on the next day of sitting, I shall move:That there be laid on the table, not later than 3.15 pm on Monday 23 November, by the Minister representing the Treasurer (references to Treasury in the following list include the Tax Reform Taskforce):FairnessAnalysis by Treasury concerning the distributional effects of the GST using Household Expenditure Survey data and any other distributional analysis provided on the GST. Analysis provided to the Government by non-government agencies, academics and others concerning the distributional effects of the GST. Advice concerning the possibility of alternative bases on which the GST could be imposed and the distributional effects of such alternative bases. Other advice provided by Treasury concerning the design and or adequacy of the compensation package. Advice concerning the compensation package provided by other Commonwealth departments and agencies, eg Social Security, Centrelink, Prime Minister and Cabinet. Advice provided about compensation packages granted by other nations who have introduced a GST. Advice provided by Treasury on the relative merits of other tax reform proposals, particularly with regard to alternatives to the tax cuts proposed by the government.Impact on inflation Estimates from Treasury or any other government department or agency of the effect of the GST on inflation. This should include the estimate of the transition period (ie from date of announcement until second year of operation of GST). Advice from the Australian Competition and Consumer Commission about the passing on of reductions in existing indirect taxes to consumers arising from the introduction of a GST. Advice regarding the economic modelling used to derive the estimated inflation effect of 1.9 per cent including the assumptions on which the modelling is based. Advice regarding what the actual inflation effect will be if all price rises are taken into account. Advice regarding what the actual inflation effect will be under various scenarios where not all of the value of taxes proposed to be abolished are passed on to consumers. Advice concerning the effect of the GST on interest rates.Impact on jobs Estimates from Treasury or any other government department or agency of the effect of the GST on jobs. This should include the estimate of the transition period (ie from date of announcement until second year of operation of GST). Estimates from private sector forecasters/modellers on the employment effects of the GST over the next Parliament. Estimates from interest groups, academics of the employment effects of the GST. Estimates of the effects on industries over the period prior and subsequent to the introduction of the GST including the motor vehicle retailing industry and the housing and construction industries.Other economic effects Estimates of the macro-economic effects of the GST in the year when it is introduced—these include the effect on inflation, on economic growth, on interest rates on employment/unemployment and on the black economy.Other issues All material from the Tax Consultative Committee (Vos Committee) including the final report, submissions and correspondence with the Government. The Gibson Committee report, including all submissions to the Committee and the correspondence of the Committee with the Government. Treasury analysis of the Cole Committee report on implementing the GST. Advice concerning the distribution of the GST revenue between the states and territories from the Treasury, the Commonwealth Grants Commission and other bodies. Estimates of the amount of GST to be raised from specific consumption items for each year announced in the document Tax Reform: not a new tax, a new tax system . 2121Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—I give notice that, on the next day of sitting, I shall move:That the following matters be referred to the Finance and Public Administration References Committee for inquiry and report on or before 26 May 1999:(a) the Government's Community Education and Information Program (CEIP) for a new taxation system in the lead up to the 1998 Federal Election and the issues examined in Audit Report No. 12 of 1998-99 (Taxation Reform: Community Education and Information Programme );(b) the current government information and advertising arrangements and the need for, and nature of, appropriate guidelines for taxpayer funded programs including, for example, whether arrangements should be limited by time, expenditure limits or other parameters, particularly in the period leading up to elections; and(c) the current guidelines for requests for copyright of Commonwealth-developed material and whether they need revising so that the licensing of copyright for party-political purposes during an election period is specifically addressed and clarified for those decision-makers involved.2121Brown, Sen BobSenator BROWNQD4TASAG00—I give notice that, on the next day of sitting, I shall move:That the Senate—(a) notes that 12 November 1998 is the 7th anniversary of the Santa Cruz massacre in East Timor, where 271 East Timorese were killed or disappeared after participating in a commemorative procession to the Santa Cruz cemetery;(b) expresses its concern that, despite the release of some political prisoners by President Habibi, over 170 people are still being held as prisoners of conscience in Indonesia, these include five men accused of organising the march to the Santa Cruz cemetery, namely, Gregorio da Cunha Saldanha, Saturnino da Costa Belo, Francisco Miranda Branco, Joao Freitas da Camara, and Jacinto das Neves Raimundo Alves;(c) joins the United Nations (UN) Secretary General Kofi Annan in calling on the Indo nesian Government to release unconditionally all East Timorese political prisoners, including Xanana Gusmao and the Santa Cruz five, and asks the Australian Government to raise the issue at the forthcoming Asian Pacific Economic Cooperation (APEC) meeting and at the UN Human Rights Commission meeting in March 1999; and(d) calls on the Indonesian Government to revoke the repressive anti-subversion law and `hate sowing' articles of the criminal code (KUHAP).2121Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That standing order 3(4) be suspended to enable the Senate to consider business other than that of a formal character before the address-in-reply to the Governor-General's opening speech has been adopted.2121Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That:(1) Any senator appointed a parliamentary secretary under the Parliamentary Secretaries Act 1980 may exercise the powers and perform the functions conferred upon ministers by the procedures of the Senate, but may not be asked or answer questions which may be put to ministers under standing order 72(1) or represent a minister before a legislation committee considering estimates.(2) This order is of continuing effect.2121Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That the days of meeting of the Senate for the remainder of 1998 be as follows: Thursday, 12 November Monday, 23 November to Thursday, 26 November Monday, 30 November to Thursday, 3 December. 2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That consideration of the first report of 1996 of the Procedure Committee concerning the application and interpretation of the third paragraph of section 53 of the Constitution be an order of the day under government business for the next day of sitting.2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:(1) That standing order 25(1) be amended as follows: Omit: `Employment, Education and Training' Substitute: `Employment, Workplace Relations, Small Business and Education' Omit: `Environment, Recreation, Communications and the Arts' Substitute: `Environment, Communications and the Arts'.(2) That continuing order no. 1, relating to the allocation of departments and agencies to standing committees be amended to read as follows: Departments and agencies are allocated to the legislative and general purpose standing committees as follows:Community Affairs Family and Community Services Health and Aged CareEconomics Treasury Industry, Science and ResourcesEmployment, Workplace Relations, Small Business and Education Employment, Workplace Relations and Small Business Education, Training and Youth AffairsEnvironment, Communications and the Arts Environment and Heritage Communications, Information Technology and the ArtsFinance and Public Administration Parliament Prime Minister and Cabinet Finance and AdministrationForeign Affairs, Defence and Trade Foreign Affairs and Trade Defence (including Veterans' Affairs)Legal and Constitutional Attorney-General Immigration and Multicultural AffairsRural and Regional Affairs and Transport Transport and Regional Services Agriculture, Fisheries and Forestry.2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That the following bill be introduced: A Bill for an Act to amend the Data-matching Program (Assistance and Tax) Act 1990 , and for related purposes. Data-matching Program (Assistance and Tax) Amendment Bill 1998 (No. 2) .2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That the following bill be introduced: A Bill for an Act to amend the Migration Act 1958 , and for other purposes. Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Bill 1998 (No. 2) .2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That the following bill be introduced: A Bill for an Act to extend the operation of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 , and for related purposes. Education Services for Overseas Students (Registration of Providers and Financial Regulation) Amendment Bill 1998 (No. 2) .2222Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—I give notice that, on the next day of sitting, I shall move:That the provision of standing order 111(6) which prevents the continuation or resumption of second reading debate on a bill within 14 days of its first introduction in either House not apply to the following bills:Data-matching Program (Assistance and Tax) Amendment Bill 1998 (No. 2)Migration Legislation Amendment (Strengthening of Provisions relating to Character and Conduct) Bill 1998 (No. 2)Education Services for Overseas Students (Registration of Providers and Financial Regulation) Amendment Bill 1998 (No. 2).I also table statements of reasons justifying the need for these bills to be considered within the 14-day period and seek leave to have the statements incorporated in Hansard .Leave granted.The statements read as follows—DATA-MATCHING PROGRAM (ASSISTANCE AND TAX) AMENDMENT BILL 1998The proposed Data-matching Program (Assistance and Tax) Amendment Bill will remove the existing sunset clause in the Data-matching Program (Assistance and Tax) Act 1990 and make minor amendments to facilitate the use of data for evaluation purposes.It is essential that the Data-matching Program (Assistance and Tax) Amendment Bill, which had previously passed through the House of Representatives into the Senate, be reintroduced and obtain passage in the forthcoming sittings. Unless this occurs, the sunset clause will come into effect on 22 January 1999 so as to terminate the data-matching program. This would result in an estimated cost to the budget of $568.91m in the forward estimates period. Once the sunset clause has operated, the only way in which the data-matching program could recommence operation would be to introduce new legislation for a data-matching program.(Circulated by authority of the Minister for Family and Community Services)MIGRATION LEGISLATION .AMENDMENT (STRENGTHENING OF PROVISIONS RELATING TO CHARACTER AND CONDUCT) BILL 1998Purpose of proposed BillThe proposed Bill will make amendments to the Migration Act 1958 to strengthen the Government's capacity to deal with issues concerning persons who are not of good character, visa cancellation, visa refusal and deportation. Reasons for urgencyIntroduction and passage in the same Sittings is required to enable the Government to deal more effectively with individual cases, as they arise, involving non-citizens Who are not of good character.Effect if Bill is not dealt with in one SittingsExisting limitations will continue to operate on the Minister's powers to deal with issues concerning persons who are not of good character, visa cancellation, visa refusal and deportation.(Circulated with the authority of the Minister for Immigration and Multicultural Affairs)EDUCATION SERVICES FOR OVERSEAS STUDENTS (REGISTRATION OF PROVIDERS AND FINANCIAL REGULATION) AMENDMENT BILL 1998Purpose of the proposed BillThe Bill has the purpose of extending the operation of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Act 1991 (ESOS Act) from its current expiry date under the s90 sunset clause, 1 January 1999, to 1 January 2002Reasons for urgencyWithout passage of the Bill, the ESOS Act ceases to be in effect on 1 January 1999.Effect if the Bill is not dealt with in the 1998 Spring SittingsIf the Amendment Bill is not enacted, and the ESOS Act becomes defunct, the Department of Immigration and Multicultural Affairs will not have the criterion of "registered course" specified in the Migration Regulations for the issuing of overseas student visas. Over 100,000 students study in Australia each year on such visas, and the current period is when the bulk of these students apply for visas and commence their study. DIMA's legal advice is that they would not be able to issue overseas student visas in compliance with the Migration Regulations, without passage of the Bill.Apart from that major difficulty, there would be no requirement for registration on the Commonwealth Register for Institutions and Courses for Overseas Students (CRICOS) and so no quality assurance for overseas students. Education and training providers would not be bound by the requirements of the legislation to place students' pre-paid course fees into trust accounts, and assure students' courses through membership of Tuition Assurance Schemes. Student fees and tuition would be at risk, and the Commonwealth would face the prospect of having to compensate students in the instance of financial collapse or other failure of providers to provide the tuition for which overseas students have paid. (Circulated by authority of the Minister for Education, Training and Youth Affairs)2424O'Brien, Sen KerrySenator O'BRIEN8O6TASALP00—I give notice that, on the next day of sitting, I shall move:That the following matters be referred to the Employment, Education and Training References Committee for inquiry and report by 1 June 1999:(a) the development and implementation of the tendering process followed in the establishment of the privatised Job Network in 1998 and options to improve the process in future tender rounds;(b) the effectiveness of the Flex 3 component of the Job Network in providing skills, training and work experience to the long-term unemployed;(c) options to improve the quality and effectiveness of the delivery of employment services to the long-term unemployed, with particular reference to the young, the middle-aged, Aboriginal and Torres Strait Islanders, migrants and ex-offenders;(d) the impact on the quality of the delivery of the Job Network services to all unemployed people by the concentration of Flex 3 services in only four organisations and the implications of concentrating these services among four organisations for future Job Network tenders;(e) the effectiveness of the Job Network in delivering services to regional Australia and other areas of disadvantage and options to improve service delivery in these areas in future tender rounds;(f) the impact on unemployment numbers in both job poor areas and job rich areas of the Government's performance-based strategy; and(g) the effectiveness of the current regulation of the new competitive employment services market, to ensure fairness and quality and options to improve the regulation of the employment services market with the introduction of a new tender round.2424Bartlett, Sen AndrewSenator BARTLETTDT6QLDAD00—I give notice that, four sitting days after today, I shall move:That regulation 7.6 of the Migration Regulations (Amendment), as contained in Statutory Rules 1998 No. 210 and made under the Migration Act 1958 , be disallowed.2424Allison, Sen LynSenator ALLISON1M6VICAD00—I give notice that, on the next day of sitting, I shall move:That the Senate:(a) notes:(i) that Australia signed the convention for climate change committing to stabilise its emissions at 1990 levels by the year 2000,(ii) the Howard Government's subsequent shameful performance at Kyoto which meant Australia agreed to increase its emissions by 8 per cent,(iii) the latest greenhouse gas inventory reveals that Australia has already increased its emissions by 9 per cent, 2 years before the deadline,(iv) federal and state governments are making decisions about new power generation from fossil fuel generated sources, cutting the diesel fuel excise and giving subsidies of hundreds of millions of dollars to an oil shale mine, all of which will dramatically increase greenhouse gas emissions, and(v) the outcome of increased emissions includes increased deaths from the greater spread of diseases, floods, more unpredictable and devastating weather events, deforestation and sea level rises; and(b) condemns decisions made by these governments which will increase Australia's contributions and worsen the world's position with regard to climate change.2424Lundy, Sen KateSenator LUNDY7G6ACTALP00—I give notice that, on the next day of sitting, I shall move:That the Senate notes, with grave concern, the refusal of the Government to make public the progress reports relating to the `Y2K' (millennium bug), compliance by Commonwealth Government departments.24The Leader of the Opposition in the Senate (Senator Faulkner), the Leader of the Australian Democrats (Senator Lees) and Senators Margetts, Brown and Colston each gave contingent notices in the following terms:No. 1—To move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business) That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any other matter.No. 2—To move (contingent on the Senate proceeding to the consideration of government documents) That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.No. 3—To move (contingent on a minister moving a motion that a bill be considered an urgent bill) That so much of standing order 142 be suspended as would prevent debate taking place on the motion.No. 4—To move (contingent on a minister moving a motion to specify time to be allotted to the consideration of a bill, or any stage of a bill) That so much of standing order 142 be suspended as would prevent the motion being debated without limitation of time and each senator speaking for the time allotted by standing orders.No. 5—To move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired) That so much of standing order 142 be suspended as would prevent further consideration of the bill, or the stage of the bill, without limitation of time or for a specified time.No. 6—To move (contingent on the chair declaring that the time allotted for the consideration of a bill, or any stage of a bill, has expired) That so much of standing order 142 be suspended as would prevent the questions being put in respect of any amendments circulated by the Opposition, the Australian Democrats or any Independent Senator, and that such questions be put accordingly.No. 7—To move (contingent on the moving of a motion to debate a matter of urgency under standing order 75) That so much of the standing orders be suspended as would prevent the senator moving an amendment to the motion.No. 8—To move (contingent on the President proceeding to the placing of business on any day) That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the order of business on the Notice Paper .No. 9—To move (contingent on any senator being refused leave to make a statement to the Senate) That so much of the standing orders be suspended as would prevent that senator making that statement. No. 10—To move (contingent on a minister at question time on any day asking that further questions be placed on notice) That so much of the standing orders be suspended as would prevent the senator moving a motion that, at question time on any day, questions may be put to ministers until 28 questions, including supplementary questions, have been asked and answered.Senator Brown: To move (contingent on any senator being refused leave to table a document in the Senate) That so much of the standing orders be suspended as would prevent the senator moving that the document be tabled.The Acting Leader of the Government in the Senate (Senator Alston) gave contingent notices of motion as follows—No. 1—To move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business) That so much of the standing orders be suspended as would prevent a minister moving a motion to provide for the consideration of any matter.No. 2—To move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business) That so much of the standing orders be suspended as would prevent a minister moving a motion to provide for the consideration of any matter.The Leader of the National Party in the Senate (Senator Boswell) gave contingent notices of motion as follows—No. 1—To move (contingent on the Senate on any day concluding its consideration of any item of business and prior to the Senate proceeding to the consideration of another item of business) That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the conduct of the business of the Senate or to provide for the consideration of any other matter.No. 2—To move (contingent on the Senate proceeding to the consideration of government documents) That so much of the standing orders relating to the consideration of government documents be suspended as would prevent the senator moving a motion relating to the order in which the documents are called on by the President.No. 3—To move (contingent on the moving of a motion to debate a matter of urgency under standing order 75) That so much of the standing orders be suspended as would prevent the senator moving an amendment to the motion.No. 4—To move (contingent on the President proceeding to the placing of business on any day) That so much of the standing orders be suspended as would prevent the senator moving a motion relating to the order of business on the Notice Paper .No. 5—To move (contingent on any senator being refused leave to make a statement to the Senate) That so much of the standing orders be suspended as would prevent that senator making that statement.Business2626Motion (by Senator Ellison)—by leave—agreed to:That the Senate meet on Wednesday 11 November 1998.Documents262626The PRESIDENTThe PRESIDENT10000PON/A10—Pursuant to standing orders 38 and 166, I present committee reports, government responses, audit reports and government documents as set out on the list circulated in the chamber. These documents were presented since the last sitting of the Senate. In accordance with the terms of the standing orders, the publication of the documents was authorised.The list read as follows—COMMITTEE REPORTS PRESENTED TO THE PRESIDENT SINCE THE LAST SITTING OF THE SENATE1. Joint Committee of Public Accounts and Audit—Report 363: Asset Management by Commonwealth Agencies, July 1998 (presented to the Temporary Chair of Committees, Senator Chapman, 17 July 1998)2. Economics References Committee—Report—Creating Opportunities: Promoting Australian Industry (presented to the President, 22 July 1998)3. Community Affairs Legislation Committee—Interim report—Provisions of the Social Security and Veterans' Affairs Legislation Amendment (Payment Processing) Bill 1998 (presented to the President, 10 August 1998)4. Community Affairs Legislation Committee—Interim report—Provisions of the Australian Hearing Services Reform Bill 1998 (presented to the President, 10 August 1998)5. Legal and Constitutional Legislation Committee—Interim report—The Genetic Privacy and Non-discrimination Bill 1998 (presented to the President, 10 August 1998)6. Legal and Constitutional Legislation Committee—Interim report—Provisions of the Human Rights Legislation Amendment Bill (No. 2) 1998 (presented to the President, 10 August 1998)7. Environment, Recreation, Communications and the Arts Legislation Committee—Interim report—Provisions of the Film Licensed Investment Company Bill 1998 and the Taxation Laws Amendment (Film Licensed Investment Company) Bill 1998 (presented to the President, 11 August 1998)8. Economics Legislation Committee—Interim report—The Taxation Laws Amendment Bill (No. 4) 1998 (presented to the President, 11 August 1998)9. Legal and Constitutional References Committee—Interim report—The Commonwealth privacy legislation (presented to the President, 11 August 1998)10. Legal and Constitutional Legislation Committee—Supplementary information to additional information (volume 2) received relating to the additional estimates for 1996-97 (presented to the President, 11 August 1998)11. Employment, Education and Training Legislation Committee—Report—Provisions of the Education Services for Overseas Students (Registration of Providers and Financial Regulation) Amendment Bill 1998, together with submissions (1 vol) and Hansard transcript of evidence (1 vol) (presented to the President, 13 August 1998)12. Economics References Committee—Interim report—The operation of the Australian Taxation Office (presented to the Deputy President, 19 August 1998)13. Employment, Education and Training References Committee—Interim report—Inquiry into the effectiveness of education and training programs for Indigenous Australians (presented to the President, 20 August 1998)14. Community Affairs References Committee—Interim report—The impact of government child care funding cuts on families, children and child care services (presented to the Deputy President, 20 August 1998)15. Joint Standing Committee on Migration—Report—Immigration Detention Centres Inspection Report (presented to the President, 27 August 1998)16. Joint Standing Committee on Treaties—17th Report—United Nations Convention on the Rights of the Child, together with submissions, minutes of proceedings and transcript of evidence (presented to the President, 28 August 1998)17. Rural and Regional Affairs and Transport References Committee—Interim report on matters relating to Australian Quarantine and Inspection Service and Integrity Rural Products Pty Ltd (Messrs D & H Hewett) (presented to the President, 28 August 1998)18. Rural and Regional Affairs and Transport References Committee—Interim report on the effects of pricing and slot management arrangements at Kingsford Smith Airport on regional airlines and communities (presented to the President, 28 August 1998)19. Select Committee on Information Technologies—Report—The need for the committee in the thirty-ninth Parliament (presented to the President, 9 November 1998)GOVERNMENT RESPONSES PRESENTED TO THE PRESIDENT SINCE THE LAST SITTING OF THE SENATE1. Joint Standing Committee on Electoral Matters—Report of the inquiry into the role of the Australian Electoral Commission in conducting industrial elections (presented to the Temporary Chair of Committees, Senator Patterson, 29 July 1998)2. Legal and Constitutional Legislation Committee—Report on Payment of a Minister's Legal Costs Part 2 (presented to the President, 27 August 1998)GOVERNMENT DOCUMENTS PRESENTED TO THE PRESIDENT SINCE THE LAST SITTING OF THE SENATEAboriginal Land Rights (Northern Territory) Act— Aboriginal Land Commissioner—Report no. 51—Warlmanpa (Muckaty Pastoral Lease) land claim no. 135. (Received on 28 August 1998) Aboriginals Benefit Reserve—Report for 1997-98. (Received on 19 October 1998 )Administrative Appeals Tribunal Act— Administrative Appeals Tribunal—Report for 1997-98. (Received on 2 November 1998 ) Administrative Review Council—Report for 1997-98. (Received on 2 November 1998 )Affirmative Action (Equal Employment Opportunity for Women) Act—Affirmative Action Agency—Report for 1 June 1997 to 31 May 1998. (Received on 21 October 1998 )Archives Act—National Archives of Australia and National Archives of Australia Advisory Council—Reports for 1997-98. (Received on 12 October 1998 )Australia-Japan Foundation Act—Australia-Japan Foundation—Report for 1997-98. (Received on 9 November 1998 )Australian Bureau of Statistics Act— Australian Bureau of Statistics—Report for 1997-98. (Received on 4 November 1998 ) Australian Statistics Advisory Council—Report for 1997-98. (Received on 15 October 1998 )Australian Capital Territory (Planning and Land Management) Act—National Capital Authority—Report for 1997-98. (Received on 30 October 1998 )Australian Centre for International Agricultural Research Act—Australian Centre for International Agricultural Research—Report for 1997-98. (Received on 29 October 1998 )Australian Federal Police Act—Australian Federal Police—Report for 1997-98, including a report pursuant to the Complaints (Australian Federal Police) Act 1981 . (Received on 22 October 1998 )Australian National Training Authority Act— Australia's vocational education and training system—Report for 1997—Volumes 1, 2 and 3. (Received on 14 October 1998 ) Australian National Training Authority—Report for 1997-98. (Received on 14 October 1998 )Australian Sports Drug Agency Act—Australian Sports Drug Agency—Operational plan 1998-99. (Received on 1 October 1998)Building on land rights for the next generation—Review of the Aboriginal Land Rights (Northern Territory) Act 1976 — Appendices. (Received on 21 August 1998 ) Report by John Reeves, QC, August 1998. (Received on 21 August 1998) Synopsis: The direction of reform. (Received on 21 August 1998)Bureau of Meteorology—Report for 1997-98. (Received on 23 October 1998 )Classification (Publications, Films and Computer Games) Act—Office of Film and Literature Classification—Classification Board and Classification Review Board—Reports for 1997-98. (Received on 30 October 1998 )Commonwealth Authorities and Companies Act— Aboriginal and Torres Strait Islander Commission—Report for 1997-98. (Received on 30 October 1998 ) Aboriginal Hostels Limited—Report for the period 22 June 1997 to 20 June 1998. (Received on 8 October 1998) ADI Limited—Report for 1997-98. (Received on 6 October 1998 ) Airservices Australia—Report for 1997-98. (Received on 30 October 1998 ) Army and Air Force Canteen Service Board of Management—Report for the period 1 February 1997 to 30 June 1998. (Received on 9 November 1998 ) Australia Council—Report for 1997-98. (Received on 30 September 1998 ) Australia New Zealand Food Authority—Report for 1997-98. (Received on 15 October 1998 ) Australian Broadcasting Authority—Report for 1997-98. (Received on 19 October 1998 ) Australian Broadcasting Corporation (ABC)—Report for 1997-98. (Received on 30 October 1998 ) Australian Communications Authority—Report for 1997-98. (Received on 29 October 1998 ) Australian Film Commission—Report for 1997-98. (Received on 26 October 1998 ) Australian Film Finance Corporation Limited—Report for 1997-98. (Received on 19 October 1998 ) Australian Film, Television and Radio School—Report for 1997-98. (Received on 21 October 1998 ) Australian Heritage Commission—Report for 1997-98. (Received on 19 October 1998 ) Australian Institute of Aboriginal and Torres Strait Islander Studies—Report for 1997-98. (Received on 14 October 1998 ) Australian Institute of Health and Welfare—Report for 1997-98. (Received on 15 October 1998 ) Australian Institute of Criminology and Criminology Research Council—Reports for 1997-98. (Received on 30 October 1998 ) Australian Institute of Family Studies—Report for 1997-98. (Received on 30 October 1998 ) Australian Maritime Safety Authority—Report for 1997-98. (Received on 21 October 1998 ) Australian Military Forces Relief Trust Fund—Report for the period 1 January 1997 to 30 June 1998. (Received on 9 October 1998 ) Australian National Maritime Museum—Report for 1997-98. (Received on 30 October 1998 ) Australian Postal Corporation (Australia Post)—Report for 1997-98. (Received on 28 October 1998 ) Australian Sports Commission—Report for 1997-98. (Received on 2 November 1998 ) Australian Sports Drug Agency—Report for 1997-98. (Received on 27 October 1998 ) Australian Trade Commission (Austrade)—Report for 1997-98. (Received on 27 October 1998 ) Australian War Memorial—Report for 1997-98. (Received on 20 October 1998 ) Australian Wine and Brandy Corporation—Report for 1997-98. (Received on 30 October 1998 ) Australian Wool Research and Promotion Organisation—Report for 1997-98. (Received on 15 October 1998 ) Coal Mining Industry (Long Service Leave Funding) Corporation—Report for 1997-98. (Received on 26 October 1998 ) Defence Force Remuneration Tribunal—Report for 1997-98. (Received on 14 October 1998 ) Defence Housing Authority—Report for 1997-98. (Received on 9 November 1998 ) Energy Research and Development Corporation and Energy Research and Development Corporation Selection Committee—Reports for 1997-98. (Received on 5 November 1998 ) Federal Airports Corporation (FAC)—Report for 1997-98. (Received on 30 October 1998 ) Film Australia Limited—Report for 1997-98. (Received on 19 October 1998 ) Health Services Australia Ltd (HSA)—Report for 1997-98. (Received on 29 October 1998 ) Immigration Review Tribunal—Report for 1997-98. (Received on 21 October 1998 ) Indigenous Land Corporation—Report for 1997-98. (Received on 19 October 1998 ) Maritime Industry Finance Company Ltd—Report for the period 8 April to 30 June 1998. (Received on 5 November 1998 ) National Gallery of Australia—Report for 1997-98. (Received on 19 October 1998 ) National Library of Australia—Report for 1997-98. (Received on 22 October 1998 ) National Museum of Australia—Report for 1997-98. (Received on 30 October 1998 ) National Occupational Health and Safety Commission—Report for 1997-98. (Received on 21 October 1998 ) Private Health Insurance Administration Council—Report for 1997-98. (Received on 6 October 1998 ) Repatriation Medical Authority—Report for 1997-98. (Received on 14 October 1998 ) Royal Australian Air Force Welfare Trust Fund—Report for the period 1 January 1997 to 30 June 1998. (Received on 9 October 1998) Royal Australian Air Force Veterans' Residences Trust—Report for 1997-98. (Received on 15 October 1998 ) Royal Australian Navy Relief Trust Fund—Report for the period 1 January 1997 to 30 June 1998. (Received on 28 October 1998 ) Special Broadcasting Service Corporation (SBS)—Report for 1997-98. (Received on 30 October 1998 ) Stevedoring Industry Finance Committee—Report for 1997-98. (Received on 14 October 1998 ) Telstra Corporation Limited—Report for 1997-98. (Received on 29 October 1998 ) Torres Strait Regional Authority—Report for 1997-98. (Received on 26 October 1998 ) Wool International—Report for 1997-98. (Received on 15 October 1998 )Commonwealth Electoral Act—Australian Electoral Commission—Report for 1997-98. (Received on 29 October 1998 )Commonwealth Grants Commission—Report for 1997-98. (Received on 1 October 1998)Commonwealth Services Delivery Agency Act—Commonwealth Services Delivery Agency (Centrelink)—Report for 1997-98. (Received on 30 October 1998 )Complaints (Australian Federal Police) Act—Federal Police Disciplinary Tribunal—Report for 1997-98. (Received on 30 October 1998 )Customs Administration Act—Australian Customs Service—Report for 1997-98. (Received on 6 October 1998)Data-matching Program (Assistance and Tax) Act—Data-matching program—Department of Veterans' Affairs—Report for 1997-98. (Received on 30 October 1998 )Defence Force Retirement and Death Benefits Act—Defence Force Retirement and Death Benefits Authority—Report for 1997-98. (Received on 28 October 1998 )Department of Social Security—Compliance activity in Centrelink—Third quarterly report, July 1997 to March 1998, including a statement by the Minister for Social Security (Senator Newman). (Received on 15 July 1998)Director of Public Prosecutions Act—Director of Public Prosecutions—Report for 1997-98. (Received on 4 November 1998 ) Equal Employment Opportunity (Commonwealth Authorities) Act—Equal employment opportunity program— Army and Air Force Canteen Service (AAFCANS) (trading as Frontline Defence Services)—Report for 1997-98. (Received on 15 October 1998 ) Australian Film, Television and Radio School—Report for 1997-98. (Received on 19 October 1998 ) Australia Post—Report for 1997-98. (Received on 26 October 1998 )Family Law Act— Family Court of Australia—Report for 1997-98. (Received on 30 October 1998 ) Family Law Council—Report for 1997-98. (Received on 2 November 1998 )Family Law Council—Reports— Child contact orders: Enforcement and penalties, June 1998. (Received on 13 August 1998) Parental child abduction, January 1998. (Received on 13 August 1998)Final budget outcome 1997-98—Report by the Treasurer (Mr Costello) and the Minister for Finance and Administration (Mr Fahey), September 1998. (Received on 18 September 1998)Financial Transaction Reports Act—Australian Transaction Reports and Analysis Centre (AUSTRAC)—Report for 1997-98. (Received on 2 November 1998 )Health Insurance Act—Professional Services Review—Report for 1997-98. (Received on 28 October 1998 )Human Rights and Equal Opportunity Commission Act—Human Rights and Equal Opportunity Commission—Report for 1997-98. (Received on 30 October 1998 )Income Tax Assessment Act and Taxation Administration Act—Commissioner of Taxation—Report for 1997-98, including reports pursuant to the Child Support (Registration and Collection) Act 1988 , the Child Support (Assessment) Act 1989 and the Superannuation Guarantee (Administration) Act 1992 . (Received on 29 October 1998 )Industrial Chemicals (Notification and Assessment) Act—National Industrial Chemicals Notification and Assessment Scheme—Report for 1997-98 on the operation of the Act. (Received on 14 October 1998 )Inspector-General of Intelligence and Security Act—Inspector-General of Intelligence and Security—Report for 1997-98. (Received on 22 September 1998)Insurance and Superannuation Commission—Report for 1997-98 (Final report). (Received on 29 October 1998 )International Air Services Commission Act—International Air Services Commission—Report for 1997-98. (Received on 30 October 1998 )Military Superannuation and Benefits Act—Military Superannuation and Benefits Board of Trustees No. 1—Report for 1997-98. (Received on 28 October 1998 )National Film and Sound Archive—Report for 1997-98. (Received on 26 October 1998 )National Office for the Information Economy—Report for the period September 1997 to 30 June 1998. (Received on 30 June 1998 )National Road Transport Commission Act—National Road Transport Commission—Report for 1997-98. (Received on 30 October 1998 )National Science and Technology Centre (Questacon)—Report for 1997-98. (Received on 21 October 1998 )Native Title Act—National Native Title Tribunal—Report for 1997-98. (Received on 4 November 1998 )Nuclear Non-Proliferation (Safeguards) Act and Chemicals Weapons (Prohibition) Act—Australian Safeguards Office and Chemicals Weapons Convention Office—Report for 1997-98. (Received on 28 October 1998 )Office of Asset Sales and IT Outsourcing—Report for 1997-98. (Received on 30 October 1998 )Office of Government Information Technology—Report for 1997-98. (Received on 4 November 1998 )Official Establishments Trust—Report for 1997-98. (Received on 15 October 1998 )Ombudsman Act—Commonwealth and Defence Force Ombudsman—Report for 1997-98, including a report pursuant to the Complaints (Australian Federal Police) Act 1981 . (Received on 9 November 1998 )Parliamentary Counsel Act—Office of Parliamentary Counsel—Report for 1997-98. (Received on 30 October 1998 )Privacy Act—Privacy Commissioner—Report for 1997-98 on the operation of the Act. (Received on 30 October 1998 )Protection of Movable Cultural Heritage Act—Report for 1997-98 on the operation of the Act and the administration of the National Cultural Heritage Fund. (Received on 6 October 1998)Public Lending Right Act—Public Lending Right Committee—Report for 1997-98. (Received on 30 September 1998)Public Service Act and Merit Protection (Australian Government Employees) Act—Public Service and Merit Protection Commission and Merit Protection and Review Agency—Reports for 1997-98. (Received on 19 October 1998 )Public Service Act— Attorney-General's Department—Report for 1997-98. (Received on 30 October 1998 ) Defence—Report for 1997-98. (Received on 30 October 1998 ) Department of Communications and the Arts—Report for 1997-98. (Received on 19 October 1998 ) Department of Employment, Education, Training and Youth Affairs—Report for 1997-98. (Received on 29 October 1998 ) Department of Finance and Administration—Report for 1997-98. (Received on 30 October 1998 ) Department of Foreign Affairs and Trade—Report for 1997-98. (Received on 26 October 1998 ) Department of Health and Family Services—Report for 1997-98, including reports on the administration and operation of the Commonwealth Rehabilitation Service and the Therapeutic Goods Administration. (Received on 28 October 1998 ) Department of Immigration and Multicultural Affairs—Report for 1997-98, including reports pursuant to the Immigration (Education) Act 1971 and the Australian Citizenship Act 1948 . (Received on 29 October 1998 ) Department of Industry, Science and Tourism—Report for 1997-98. (Received on 29 October 1998 ) Department of Primary Industries and Energy—Report for 1997-98. (Received on 19 October 1998 ) Department of the Environment—Report for 1997-98, including a report pursuant to the National Parks and Wildlife Conservation Act 1975 and reports on the operation of the Hazardous Waste (Regulation of Exports and Imports) Act 1989 and the Ozone Protection Act 1989. (Received on 23 October 1998 ) Department of the Prime Minister and Cabinet—Report for 1997-98. (Received on 15 October 1998 ) Department of the Treasury—Report for 1997-98. (Received on 30 October 1998 ) Department of Transport and Regional Development—Report for 1997-98, including reports pursuant to the Air Navigation Act 1920 and the Aircraft Noise Levy Collection Act 1995 . (Received on 30 October 1998 ) Department of Workplace Relations and Small Business—Report for 1997-98, including a report pursuant to the Workplace Relations Act 1996 . (Received on 30 October 1998 )Safety, Rehabilitation and Compensation Act and Commonwealth Authorities and Companies Act—Comcare Australia, Safety, Rehabilitation and Compensation Commission and QWL Corporation Pty Limited—Reports for 1997-98, including reports pursuant to the Occupational Health and Safety (Commonwealth Employment) Act 1991 . (Received on 28 October 1998 )Social Security Act and Public Service Act—Department of Social Security—Report for 1997-98. (Received on 30 October 1998 )Social Security Act—Social Security Appeals Tribunal—Report for 1997-98. (Received on 15 October 1998 )Superannuation Act 1976 — Commissioner for Superannuation (ComSuper)—Report for 1997-98, including a report on the administration and operation of the Papua New Guinea (Staffing Assistance) Act 1973 . (Received on 26 October 1998 ) Commonwealth Superannuation Scheme Board—Report for 1997-98. (Received on 26 October 1998 )Superannuation Act 1990 —Public Sector Superannuation Scheme Board—Report for 1997-98. (Received on 26 October 1998 )Telecommunications (Interception) Act—Report for 1996-97 pursuant to Division 2 of Part IX of the Act. (Received on 29 July 1998)Veterans' Entitlements Act and Public Service Act—Repatriation Commission, Department of Veterans' Affairs and the National Treatment Monitoring Committee—Reports for 1997-98, including reports pursuant to the Defence Service Homes Act 1918 and the War Graves Act 1980 . (Received on 15 October 1998 )Veterans' Entitlements Act—Veterans' Review Board—Report for 1997-98. (Received on 14 October 1998 )Workplace Relations Act— Agreement-making under the Workplace Relations Act—Report for 1997. (Received on 30 October 1998 ) Australian Industrial Relations Commission and Australian Industrial Registry—Reports for 1997-98. (Received on 15 October 1998 ) Collective agreement-making under the Workplace Relations Act—Update: January to June 1998. (Received on 30 October 1998 ) Employment Advocate—Report for 1997-98. (Received on 30 October 1998 )REPORTS OF THE AUDITOR-GENERAL PRESENTED TO THE PRESIDENT SINCE THE LAST SITTING OF THE SENATE1. Auditor-General—Report no. 4 of 1998-99—Performance Audit—Client Service Initiatives: Australian Trade Commission (Austrade) (presented to the President, 10 August 1998)2. Auditor-General—Report no. 3 of 1998-99—Follow-up Audit—Assessable Government Industry Assistance—Australian Taxation Office (presented to the President, 12 August 1998)3. Auditor-General—Report no. 5 of 1998-99—Performance Audit—Commonwealth Agencies' Security Preparations for the Sydney 2000 Olympic Games (presented to the President, 24 August 1998)4. Auditor-General—Report no. 6 of 1998-99—Audit Activity Report: January to June 1998—Summary of Audit Outcomes (presented to the President, 31 August 1998)5. Auditor-General—Report no. 7 of 1998-99—Performance Audit—Management of the Implementation of the New Employment Services Market—Department of Employment, Education, Training and Youth Affairs (presented to the President, 3 September 1998)6. Auditor-General—Report no. 8 of 1998-99—Performance Audit—Safeguarding Our National Collections (presented to the President, 28 September 1998)7. Auditor-General—Report no. 9 of 1998-99—Performance Audit—Accountability and Performance Information: Australian Sports Commission (presented to the President, 28 September 1998)8. Auditor-General—Report no. 10 of 1998-99—Performance Audit—Sale of One Third Telstra (presented to the Deputy President, 19 October 1998)9. Auditor-General—Report no. 11 of 1998-99—Performance Audit—OGIT and FedLink Infrastructure: Office of Government Information Technology, Department of Finance and Administration (presented to the Deputy President, 21 October 1998)10. Australian National Audit Office—Annual Report 1997-98 (presented to the Deputy President, 22 October 1998)11. Auditor-General—Report no. 12 of 1998-99—Performance Audit—Taxation Reform: Community Education and Information Programme (presented to the President, 29 October 1998)RETURNS TO ORDER PRESENTED TO THE PRESIDENT SINCE THE LAST SITTING OF THE SENATE1. Commonwealth Programs—Promotional Campaigns—Documents pursuant to the order of the Senate of 24 June 1998—. Aboriginal and Torres Strait Islander Affairs. Communications, the Information Economy and the Arts. Environment. Finance and Administration. Health and Family Services. Immigration and Multicultural Affairs. Primary Industries and Energy. Social Security. Trade. Transport and Regional Development. Workplace Relations and Small Business(presented to the President, 28 August 1998)2. Return to order—Electorate issues briefs—Document pursuant to order of the Senate of 2 July 1998 (presented to the Deputy President, 15 October 1998)10000The PRESIDENTThe PRESIDENT—I also present the following documents: annual reports for 1997-98 for the Department of the Senate, the Department of the Parliamentary Reporting Staff, the Department of the Parliamentary Library and the Joint House Department; the presiding officers' response to the report of the Joint Committee on Publications on the future of the parliamentary papers series; Questions on Notice—the summary for the period 19 March 1996 to 31 August 1998; Business of the Senate for the period 1 January 1998 to 11 July 1998; the annual report for 1996-97 of the Standing Committee on Appropriations and Staffing; the Work of Committees; the Consolidated Register of Senate Committee Reports; and the following documents responding to resolutions of the Senate:Foreign Affairs—Ireland—Letter to the President of the Senate from Bertie Ahearn, Taoiseach of Ireland responding to the resolution of the Senate of 26 May 1998, dated 20 July 1998.Africa—Childhood diseases—Letter from the Minister for Health and Family Service (Dr Wooldridge) responding to the resolution of the Senate of 22 June 1998, dated 28 August 1998.Health—Breast cancer—Letter from Ms Sally Redman, Director, National Breast Cancer Centre responding to the resolution of the Senate of 2 July 1998, dated 16 September 1998.With the concurrence of the Senate, and in accordance with usual practice, I ask that the presiding officers' response to the report of the Publications Committee be incorporated in Hansard .The response read as follows—Response of the Presiding Officers to the Report of the Joint Committee on PublicationsFUTURE OF THE PARLIAMENTARY PAPERS SERIESThe report of the Joint Committee on Publications on the future of the parliamentary papers series was prepared in response to a request for advice by the Presiding Officers on a proposal to discontinue the series.The Presiding Officers, the Committee and the Government all have a responsibility for the series and are involved in the consideration and implementation of the Committee's recommendations. This response therefore relates only to those recommendations falling within the Presiding Officers' jurisdiction. The remaining recommendations relate to the responsibilities of the Government or the joint committee.The Presiding Officers have responded to Recommendations 1, 4, 5, 6, 7 and 8 and have noted the others.Recommendation 1The Parliamentary Papers series should continue in its present form until there is a viable replacement either in electronic or printed form (or both).The Presiding Officers accept this recommendation.Recommendation 2Ministers should ensure that agencies for which they have responsibility fulfil the obligation to produce sufficient copies of documents for the Parliamentary Papers series. A report identifying those agencies which default should be tabled in each House every twelve months.The Presiding Officers note this recommendation, and support the production of an annual report on defaulting agencies as recommended.Recommendation 3Government agencies producing Parliamentary Papers should publish the documents electronically as well as in print. The Committee intends regularly to monitor developments in this area and will report on progress in twelve months' time.Where agencies do not produce these documents electronically, the reason for not so doing should be advised to the Minister in the letter of transmittal accompanying the document.The Presiding Officers note this recommendation.Recommendation 4As stated above in Recommendation 1, the Committee, having heard the evidence relating to the value of the Parliamentary Papers series, considers that the series should continue. It recommends, however, that the Presiding Officers should explore further the proposals of the Departments of the House of Representatives and the Senate relating to the replacement of the Parliamentary Papers series, and should establish a working party consisting of representatives of the Department of Prime Minister and Cabinet (coordinator of reporting bodies), the Australian Government Publishing Service (or its successor within the Department of Finance and Administration) (co-administrator of the series), the Parliamentary Departments, the Australian Council of Libraries and Information Services and other relevant bodies, to examine and report to them within six months on the feasibility of such proposals. The Committee would be willing to assist the working party in its endeavours.The Presiding Officers will, as soon as practicable in the next Parliament, establish a working party as recommended to explore further the proposals of the Departments of the House of Representatives and the Senate relating to the replacement of the Parliamentary Papers series. Terms of reference for the working party will be determined in consultation with the committee, and the committee will be consulted also on any recommendations of the working party.Recommendation 5Pending consideration of the report of the working party, the Parliamentary Papers series continue to be provided free of charge to the National, State and Northern Territory libraries, to university libraries, to Commonwealth government departments and to other recipients on the current `free list'.The Presiding Officers accept this recommendation.Recommendation 6Organisations not falling within the guidelines should be removed from the `free list' for the parliamentary papers series.The Presiding Officers accept this recommendation.Recommendation 7Collated volumes of Parliamentary Papers should continue to be made available free to major libraries. The Presiding Officers accept this recommendation.Recommendation 8Administration of the series should continue to be the responsibility of the Department of the House of Representatives, assisted by the Department of the Senate, with the Australian Government Publishing Service (or its successor) maintaining its role on behalf of the Parliament. Unless there are good reasons to the contrary, the costs of the series borne by the Parliament should be more equally allocated between the Departments of the Senate and House of Representatives.The Presiding Officers accept that current arrangements for the administration of the Parliamentary Papers are effective and appropriate. In relation to that part of the recommendation relating to costs of the series borne by the two House departments, the Presiding Officers note that labelling, packaging and some distribution costs are already shared equally between the House departments, and agree that the costs of bound volumes, production and distribution of blister packs, and the binding and distribution of the index to the Parliamentary Papers should also be equally shared.Recommendation 9Ministers should ensure that agencies for which they have responsibility fulfil their statutory obligation under the provisions of the Copyright Act1968 to deposit a copy of their publications with the National Library of Australia.The Presiding Officers note this recommendation.(signed)MARGARET REID IAN SINCLAIR31 August 199817:15:0033Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—Madam President, I simply wish to move that the committee reports be dealt with.5K4FAULKNER Senator Faulkner—Madam President, I seek leave to move a motion to take note of the Auditor-General's report No. 12.10000PRESIDENTThe PRESIDENT—Senator Alston's motion will cover that, Senator Faulkner. Senator Alston, would you move your motion?LD4Alston, Sen RichardSenator ALSTON—I move that the committee reports, Business of the Senate, Work of Committees, the Consolidated Register of Senate Committee Reports and annual reports of the parliamentary departments, just tabled by you, be printed.Ordered that the reports and documents be printed. LD4Alston, Sen RichardSenator ALSTON—In accordance with the usual practice, I ask that government responses to committee reports be incorporated in Hansard .The responses read as follows—REPORT OF THE INQUIRY INTO THE ROLE OF THE AUSTRALIAN ELECTORAL COMMISSION IN CONDUCTING INDUSTRIAL ELECTIONSGOVERNMENT RESPONSERecommendation 1 That section 215 of the WR Act be amended to provide that when a secret postal ballot is conducted by the AEC it shall be by a standard form of declaration envelope. The form of the envelope should be developed in consultation between the AEC and peak employer and trade union bodies and be prescribed in the WR Regulations. (p 20)ResponseSupported.Recommendation 2That the WR Act be amended to require that voters' rolls in all industrial elections should be cut-off rolls. The cut-off date should be 30 to 60 days before the opening of nominations. Organisations should be given a reasonable period within which to bring their rules into compliance with this requirement, which should also be contained in the model rules recommended elsewhere in this report. (p 22)ResponseSupported in principle.The government supports the introduction of mandatory cut-off rolls. However the proposed period appears to be too long and could result in `stale rolls'. The government considers a shorter period would be appropriate. Accordingly, the government will give consideration to the most appropriate time period.Recommendation 3That when, having regard to the nature of the organisation concerned, the AEC considers that the membership records of an organisation contain an unduly large proportion of members for whom only a workplace address is recorded, or whose workplace and/or residential address is out of date, the AEC should include that fact in the post-election report to be prepared by returning officers (see Recommendation 15).In addition, the AEC should inform the organisation concerned and request that it take action to ensure that it has current residential and workplace addresses for as many members as possible. Model rules developed in accordance with Recommendation 4 should provide that, as far as practicable, the membership records of an organisation shall contain residential rather than workplace addresses. (p 25)ResponseSupported.Recommendation 4There should be consultation between the AEC, the AIR, DIR [now DWRSB] and peak employer and union bodies with a view to developing a `menu' of model rules for the conduct of industrial elections. Any model rules should deal only with the conduct of industrial elections and not with matters such as management structures, terms of office and eligibility to vote and to be a candidate. Organisations should be strongly encouraged but not required to adopt model rules, and should have the further option of adopting such rules in whole or in part. (p 32)ResponseSupported.Recommendation 5That the WR Act be amended to provide that:(a) where a post-election report identifies any rule (or rules) of the organisation or branch concerned that was difficult to interpret or apply, the report shall be accompanied by a letter inviting the organisation or branch concerned to hold discussions with a view to amending the rule;(b) the accompanying letter shall be published in the next journal or newsletter of the organisation or branch concerned, together with the post—election report;(c) within 30 days of receiving such an invitation the organisation or branch concerned shall respond in writing and a copy of the response shall be published in its next journal or newsletter;(d) in considering an amendment of the rule (or rules) in question, regard shall be had to any model rules contained in the WR Regulations; and(e) failure to comply with paragraphs (b) and (c) above is an offence under Part XI of the Act. (p 34)ResponseRecommendations 5(a), (b), (c) and (d) are supported.Recommendation 5(e) is supported in principle. The government will give further consideration to the most appropriate sanction for breach of these requirements. The government notes that not all organisations (or branches) publish a journal or newsletter, and is therefore considering what alternative requirements should apply to such organisations or branches.Recommendation 6That: (a) section 218 of the WR Act be amended to include the Electoral Commissioner as a person who may make an application for an inquiry by the Court into an alleged irregularity; and(b) the WR Act should be further amended to provide that, where the Electoral Commissioner is satisfied that it is more likely than not that an irregularity has occurred, the Electoral Commissioner must make an application for an inquiry. (p 44)ResponseRecommendation 6(a) is supported.Recommendation 6(b) is supported in principle.However, the government does not consider it appropriate to require the Electoral Commissioner to seek an election inquiry in relation to every irregularity, including minor administrative errors. Rather, the government proposes to amend the Act to require the Electoral Commissioner to make an application for an inquiry into the conduct of an election where he or she believes that an irregularity may have affected the outcome of the election, or where there are allegations of criminal behaviour.Recommendation 7That:(a) the penalties prescribed by sections 310, 313, 314, 315, 316 and 317 of the WR Act be increased to $5000 or imprisonment for 12 months, or both, for an individual; and to $10 000 for a body corporate; and(b) regulation 62 of the WR Regulations be amended to provide that an application for an inquiry into an election must be made not later than three months after the day on which the result of the election is declared. or such longer period as the Court allows. (p 51)ResponseRecommendation 7(a) is supported in principle.The government strongly supports increased penalties for electoral offences, particularly those involving electoral fraud. This recognition of the more serious nature of such offences will remove a statutory limitation on the time within which prosecutions may be brought.The precise level of penalties for particular offences is being considered in accordance with current Commonwealth criminal law policy.Recommendation 7(b) is supported.Recommendation 8That section 221 of the WR Act be amended to make clear that the Court may make an order that a person may occupy an office to which an inquiry under the Act relates pending the outcome of a fresh election to fill that office. (p 52)ResponseSupported.Recommendation 9That the Commonwealth Electoral Act 1918 (CE Act) be amended to give the AEC authority to conduct elections for non-industrial organisations on a fee-for-service basis, subject to the proviso that the conduct of such elections is not permitted to detract from the AEC's capacity to fulfil its statutory obligations under the WR Act, the CE Act, the Referendum (Machinery Provisions) Act 1984 and the Aboriginal and Torres Strait Islander Commission Act 1989 (ATSIC Regional Council elections). (p 67)ResponseSupported.Recommendation 10That the WR Act be amended to provide that;(a) in each industrial election where the rules of the organisation do not require the returning officer to verify the voters' roll, the returning officer shall nevertheless carry out such checks of the roll against records of the organisation as are necessary to satisfy the returning officer that the roll is accurate;(b) where, following such checks, the returning officer is not satisfied that the roll is accurate, the returning officer may postpone the election until such defects as have been identified in the roll are corrected; and(c) no application for an inquiry into an election may be made on the ground that any check of the voters' roll by the returning officer was inadequate or that, following such a check, the returning officer did not postpone the election. (pp 72-73)ResponseNot supported.The government believes that responsibility for the accuracy of the electoral roll should be placed on the organisation or branch for which the AEC is conducting an election.Accordingly, the government proposes to require organisations to lodge a declaration with the AEC similar to that required to be provided annually to the Industrial Registry under section 268. This would not prevent an inquiry being sought on the basis that there were discrepancies in the roll.Recommendation 11That:(a) section 91 A(3) of the CE Act be amended to include elections and ballots conducted under the WR Act; and (b) the WR Act be amended to provide that no application for an inquiry into an election shall lie on the ground that, in carrying out a check of the accuracy of the voter's roll for an industrial election, the returning officer did not check the voters' roll against the Electoral Roll (p 75)ResponseSupported.Recommendation 12That the WR Regulations be amended to:(a) include a regulation similar to existing regulations 81 and 980 in relation to the voters' roll for an industrial election, but which provides that while candidates in an election may inspect and obtain copies of the voters' roll, members who are not candidates may only inspect the roll and may not obtain copies;(b) provide that where the AEC is required to provide copies of the voters' roll for an industrial election or for a ballot for an amalgamation or withdrawal from an amalgamation it may do so in electronic form on disk; and(c) make it an offence to use information obtained from the voters' roll for an industrial election or for a ballot for an amalgamation or a withdrawal from an amalgamation for a purpose other than in relation to the election or ballot in respect of which access to the roll was sought. (p 78)ResponseSupported in principleThe government agrees that members of an organisation should be able to access the roll, but considers that members who are not candidates should also have the right to inspect and make copies of the rollRecommendation 13That:(a) the WR Act be amended to provide that where ballot material is to be sent to a workplace the returning officer may direct the employer at the workplace as to disposition of that material; and(b) section 215(1)(b) be amended to provide that, where a returning officer considers that adherence to the rules of an organisation or branch may give rise to an irregularity or produce a procedural defect, the returning officer shall take such actions and give such directions as the returning officer considers necessary to avoid the irregularity or procedural defect. (p 80) ResponseSupported.The government will also consider whether it is desirable to require organisations conducting their own elections to include such a power in their rules.Recommendation 14That regulation 102 of the WR Regulations be amended to include a list of all elections required by the rules of an organisation to be held for offices in the organisation, and each branch of the organisation, during the calendar year commencing on April l (p 82)ResponseSupported.The government will consider whether there is a more effective means of amending the WR regulations (for example amending regulation 61) to achieve the objective of the recommendation.Recommendation 15That the WR Act be amended to require that, not later than 14 days after the declaration of the ballot for an industrial election, the returning officer who conducted the election shall provide to the Industrial Registrar and the organisation (or branch) concerned, a report on the conduct of the election containing prescribed information. It should also be a requirement that such reports are to be published in the next journal or newsletter of that organisation (or branch). The prescribed information should be the same as is prescribed by regulation 96 and 98Z in respect of ballots for amalgamations and withdrawals from amalgamation, with any necessary changes and with the following additions:. the percentage of workplace addresses to which ballot papers were transmitted;. the number of complaints (if any) of irregularities made to the returning officer during the election,. action taken by the returning officer in respect of those complaints;. results of checks of the voters' roll;. results of checks (if any) of signatures on the declaration envelopes:. any rules of the organisation or branch which, because of ambiguity or other reasoned were difficult to interpret or apply, and. any other matter the returning officer thinks fit. (pp 84-85)ResponseSupported.The government notes that not all organisations (or branches) publish a journal or newsletter (see recommendation 5). The government also proposes to extend the protection afforded by regulation 119 of the WR Regulations to post-election reports. (Regulation I 19 protects the Commonwealth and electoral officials against defamation actions in relation to the publication of candidate's statements.)Recommendation 16That the government consult with the AEC and with peak union and employer organisations with a view to developing legislation prohibiting the use of union resources for electioneering purposes, except as permitted by the WR Act and Regulations or by model rules developed in accordance with Recommendation 4. (pg 8)ResponseSupported.The government believes the prohibition should apply to both employee and employer organisations.Recommendation 17That the WR Act be amended to prohibit the publication by any means of `misleading statements of fact' during an industrial election. (p 89)ResponseNot supported.The government firmly believes that election advertising should be truthful in its content. However, at this stage any legislation introduced to enforce this principle—would be difficult to enforce. It should not be good public policy to enact a commendable legislative principle that was incapable of effective enforcement. In the absence of any effective enforcement mechanism, the current balance of interests between commendable principle and practicality means that voters, using whatever assistance they see fit from electioneering material and other sources, remain the most appropriate arbiters of the worth of each candidates claims.The government notes that this response is consistent with its response to a similar recommendation made by the Committee in relation to federal Parliamentary elections in its report into the 1996 federal election.Recommendation 18That the WR Act be amended to provide that, in respect of each industrial election, the cost of advertising shall be borne by the Commonwealth only up to an amount determined by the AEC, with the AEC having the statutory power to recoup any excess. The AEC should be required to determine in advance of each election what would be a `reasonable' amount to be spent on advertising for the election. In determining the amount to be borne by the Commonwealth, the AEC should be required to take account of the following factors: . the amount spent on advertising in the previous corresponding election for the organisation concerned;. any significant changes in the type or nature of election advertising by that organisation since the last corresponding election and the reasons for such changes;. any changes in the size, structure or nature of the organisation;. the amount spent on advertising in similar elections by other organisations of a similar size and structure, and. any increases in the cost for advertisements of the kind to be used in the election in question.It should be further provided that where the AEC considers that the Commonwealth should pay less than the full cost of advertising for the election in question, it shall invite the organisation concerned to put its views as to why the Commonwealth should bear the full cost, and shall take those views into account before making a final determination. It should also be provided that, except in exceptional circumstances, the AEC shall not determine an amount that is less than the amount spent on advertising in the previous corresponding election for the organisation concerned. (pp 90ResponseSupported.The government will also consider making similar provision in relation to excessive postage costs (for example, the use of registered mail).Government Response to Senate Legal and Constitutional References Committee's Report on `Payment of a Minister's Legal Costs Part 2'In its report the Senate Committee welcomed advice that a proposal was being developed within the Government for a statute-based scheme to be established by regulation under the Parliamentary Entitlements Act 1990 for assistance to Ministers in relation to legal proceedings and inquiries. I am pleased to advise that the Government has decided that such a scheme should be established and that regulations are expected to be made very shortly.2. The Government shares the Committee's views that:(a) a scheme should be based on transparent criteria and procedures:(b) the guidelines for payment of legal costs should be included in the regulations establishing the scheme; (c) the guidelines should enunciate principles that are capable of sensible, consistent and predictable application;(d) the Attorney-General's Department should monitor the strategies being pursued by Ministers in legal proceedings for which assistance has been provided;(e) extravagant or unnecessary strategies, as determined and advised beforehand by the Attorney-General's Department, should not be funded by the Commonwealth;(f) if, as the Government proposes, assistance is to be funded from the standing appropriation in section 11 of the Parliamentary Entitlements Act: - the Attorney-General should be required to inform the Parliament of each decision to pay a Minister's legal costs at the earliest opportunity, including the initial reasons for the decision and any limitations placed on expenditure; - a consolidated statement on current cases, including progressive levels of expenditure, should be tabled in the Parliament. However, for the reasons in paragraph 10 below, the Government considers such a statement should be tabled once each financial year and not every three months.3. The scheme will also provide for assistance in relation to inquiries relating to the performance by a Minister of his/her ministerial duties. There will be no assistance for legal challenges by Ministers to inquiries.4. The scheme will also further extend to subpoenas issued to Ministers, in circumstances where there might be difficulty in providing assistance to Ministers under existing normal arrangements.5. The scheme will apply to existing and former Ministers.6. In relation to damages claims against a Minister, the basic criteria for Commonwealth assistance will be that the proceedings have arisen out of the performance of ministerial duties and that the Minister acted reasonably and responsibly. These are, in essence, the same criteria as apply under the current administrative guidelines.7. The Government does not share the Senate Committee's views that:(a) all decisions concerning assistance in relation to a personal claim against a Minister should be made by Cabinet;(b) the guidelines should include indicative limits on costs payable and on the level of professional legal services that are considered appropriate; (c) a consolidated statement on current cases, including progressive levels of expenditure, should be tabled in Parliament every three months.8. In relation to the level of the decision maker, the Government will be proposing different levels depending on the circumstances in which assistance is being provided, with only some circumstances requiring Cabinet consultation. The Government considers that a requirement for Cabinet consideration in all cases would be unnecessarily cumbersome and wasteful of resources.9. In relation to indicative limits on costs and levels of professional legal services, it is not practicable to contain such limits in guidelines covering the whole range of possible legal proceedings in which Ministers may be involved. However, to the extent practicable, there should be such limits in relation to specific cases. This should be part of the Attorney-General's Department's role in relation to monitoring strategies and expenditure.10. In relation to the period within which reporting is to occur, the Government considers that tabling a consolidated report on expenditure in respect of every financial year, in addition to reporting each decision at the earliest opportunity, will provide sufficient information to meet the aim of providing appropriate transparency and accountability .11. As recommended by the Senate Committee, the Government will maintain its policy of not using public funds to assist Ministers to institute defamation actions.12. In summary, the purpose and effect of the scheme will be to place on a firm legal basis the provision of Commonwealth assistance to Ministers in relation to matters covered by the scheme, to provide transparent criteria and procedures capable of sensible, consistent and predictable application, and to provide for appropriate monitoring and control of expenditure and reporting of expenditure to the Parliament.13. I add that the scheme is intended to cover situations where there might be difficulty in providing Commonwealth assistance to a Minister under existing normal procedures. Those procedures include, for example, assistance in relation to administrative law challenges to Ministers' decisions. Also, the Government does not wish to preclude the possibility that, in special circumstances. a Government might wish to provide legal assistance to a Minister outside the scope of the proposed scheme. Accordingly, the regulations establishing the scheme will make it clear that the scheme supplements existing arrangements and is not intended to exclude the provision of Commonwealth legal assistance to a Minister in other circumstances where it can be lawfully provided. 14. As indicated, the regulations establishing the scheme will be made shortly and will, of course, be subject to Parliamentary scrutiny in the normal course.LD4Alston, Sen RichardSenator ALSTON—I seek leave to move a motion to list documents on the Notice Paper for further consideration.10000PRESIDENTThe PRESIDENT—Is leave granted?5K4FAULKNER Senator Faulkner—Madam President, I raise a point of order. I indicated to you that I wished to move a motion by leave in relation to the Auditor-General's report No. 12. With respect, I do not think Senator Alston's motion does that. I have listened carefully now to what he is proposing. I proposed to move my motion under what I believe is standing order 169(2). In accordance with the standing orders, while I appreciate that—10000PRESIDENTThe PRESIDENT—Senator Faulkner, do you wish to speak to it now?5K4FAULKNER Senator Faulkner—Yes.10000PRESIDENTThe PRESIDENT—I can put these motions first. Then you may move to do so, and proceed.5K4FAULKNER Senator Faulkner—Madam President, with respect, I would seek leave. If leave were not granted, then the only course of action opposition speakers would have would be to speak on the motions of Senator Alston. I would have thought it would be proper to determine that, prior to us proceeding further.LD4Alston, Sen RichardSenator ALSTON—Madam President, could I simply say—if necessary, by leave—that Senator Faulkner's premature intervention meant that I was not able to move the very motion that I think addresses his concerns. If he would allow me to move—Senator Faulkner interjecting—LD4Alston, Sen RichardSenator ALSTON—I have not moved it yet.5K4FAULKNER Senator Faulkner—I have heard it.LD4Alston, Sen RichardSenator ALSTON—No, you have not heard it. I just sought leave to move a motion and I am just about to move it. Then, if you are still not satisfied, you can have another go. Senator Faulkner interjecting—LD4Alston, Sen RichardSenator ALSTON—But I have not moved it.5K4FAULKNER Senator Faulkner—But you have explained that—10000PRESIDENTThe PRESIDENT—If Senator Alston does what he intends to do with respect to the others, you then may move to take note of that report and speak to it.LD4Alston, Sen RichardSenator ALSTON—Hear what I have to say. If you are not satisfied, then you can follow it up.5K4FAULKNER Senator Faulkner—I have heard what you have to say.LD4Alston, Sen RichardSenator ALSTON—But you have not, because I have not said it yet.5K4FAULKNER Senator Faulkner—You have indicated why you are seeking leave.LD4Alston, Sen RichardSenator ALSTON—I have sought leave to move a motion to list documents on the Notice Paper for further consideration. If leave is granted, I would then move that consideration of each of the committee reports, responses to committee reports, annual reports of parliamentary departments, audit reports and government documents tabled this day be listed as separate orders of the day on the Notice Paper . I seek leave to move accordingly.Leave granted.LD4Alston, Sen RichardSenator ALSTON—I move:That consideration of each of the documents just tabled be listed on the Notice Paper as separate orders of the day in the appropriate categories of business.Question resolved in the affirmative.Documents39393917:18:0039Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—I seek leave to move that the Senate take note of Auditor-General's report No. 12.Leave granted.5K4Faulkner, Sen JohnSenator FAULKNER—I move:That the Senate take note of the document. As the election approached, the opposition became aware of and was able to expose the government's plan for massive public expenditure on the Liberal and National parties' GST proposal. That was a campaign promise, not a policy or an operating program of government.As time went by, as we were able to get to the bottom of this particular advertising campaign, we found much more subterranean activity being undertaken by the government. The cost went up from $5 million to $10 million. Senator Newman sent a letter to all Centrelink pensioners as well as to all pensioners on the DVA database. We were able to expose the use of public servants in connection with information hotlines and call centres. We were able to expose the use of senior public servants for a rapid response advisory group for the Prime Minister. Also, we were able to expose the use of the advance to the Minister for Finance in trying to hide this expenditure.During the election campaign, I asked the Auditor-General, Mr Barrett, to investigate these matters on behalf of the opposition. We do thank Mr Barrett for his audit on this particular matter. We do welcome the Auditor-General's report. We especially welcome the fact that the Auditor-General has called for a parliamentary inquiry into matters which emerged from his audit.Mr Barrett found that the government acted legally, but he was obviously very seriously concerned about the ethics and the propriety of this particular tax advertising exercise. Madam President, the Auditor-General found that $15.7 million had already been spent by the government at the time he furnished his report to you. Of course, there would be more bills to have been paid since the election was called. The government ultimately approved $20 million for this sleazy exercise.The Auditor-General qualified his findings in the audit report by stating he does not have—and let me quote him—`a mandate to judge the nature of the advertisements, whether they are political or party political in nature.' These advertisements were patently and blatantly party political. There is no doubt what their intent and nature was. They were authorised by Minister Minchin on behalf of the government. They went to the main issue in the recently conducted federal election campaign.It was the major difference between the parties in the last election campaign. This was an advertising blitz that took place in the weeks leading up to the calling of the election. In what I think was a very clear signal from the Auditor-General as to what should be done, Mr Barrett, the Australian Auditor-General, noted that his New Zealand counterpart ruled that a government should not disseminate material that is designed to secure or has the effect of attempting to secure popular support to the party political persuasions of the members of that government. If you apply the New Zealand Audit Office test to what occurred before our election campaign and our election on 3 October this year, the government here has miserably failed the probity test.The government's pathetic claims to precedent applying in this situation were swept aside by the Auditor-General in his report. You only have to look at the table on page 29 of the Auditor-General's report to compare the three months prior to the 1998 election campaign with the three months prior to the 1996, 1993 and 1990 election campaigns. The truth of the matter is: the coalition, the Liberal Party, were running a 14-week re-election campaign, but they—the parties of government—were only paying in their own right for five of those weeks. In fact, you had a situation where the national secretary of the Liberal Party skited about the fact that the Liberal Party spent less on its national advertising budget than the Labor Party did. The only reason he was able to skite in that way was because Commonwealth taxpayers funded the Liberal Party's re-election campaign in the weeks leading up to the calling of the election.The graph, published on page 29 of the Auditor-General's report, reveals the extent of what was a massive rort—a massive misuse of taxpayers' money—that took place prior to the calling of the recent election. The graph completely refutes the government's claim that such advertising expenditure had a precedent in Australian politics. There is no precedent. We have never seen an advertising campaign of such extent and we have never seen an advertising campaign paid for and conducted by government to promote a policy for which a government was seeking support in a general election. It is unprecedented. This particular graph, contrary to the claims of the government, shows that the former Labor administration actually dropped its level of expenditure on advertising campaigns in the lead-up to the 1996 election.Most importantly, the Auditor-General has called for a parliamentary review of the rules surrounding government advertising. He has also called for—as either part of that review or as a separate parliamentary inquiry—an investigation into the use of the Advance to the Minister for Finance and the use of Commonwealth copyright. Both those calls by the Auditor-General are welcomed by the opposition. In fact, we will be progressing in the Senate itself the issue for a parliamentary review of the rules surrounding government advertising.We have here before us a report which really does expose the government's chicanery in relation to its own advertising. I must say that we still do not know what the responses will be to some of the inquiries and complaints that the opposition has made. We await the report of the Privacy Commissioner on what we believe is a flagrant and possibly criminal misuse of the Centrelink database for party political campaigning. That matter is currently being reviewed, and we will hear more about it when those inquiries have been completed.As I say, we welcome the Auditor-General's expose of the coalition's misuse of Commonwealth taxpayers' funds for the advertising in the lead-up to the last election campaign. The government stands condemned for this blatant misuse and massive rort, the like of which is totally unprecedented in Australian politics.17:28:0041Alston, Sen RichardSenator ALSTONLD4VICLPCommunications, Information Technology and the Arts10—Madam President, it looks as though we are off to a bad start. I can understand Senator Faulkner's need to try to bowl himself in again. Clearly, he started off at the very bottom, but he has a long way to go before he can get the ball on the pitch.UI4RAYSenator Robert Ray—You couldn't even get the test televised. What are you talking about?LD4Alston, Sen RichardSenator ALSTON—I wanted you to concentrate on the main game—that is, in here.UI4RAYSenator Robert Ray—There's a one-day match on today. None of us can watch it.LD4Alston, Sen RichardSenator ALSTON—You didn't ask, did you? I thought you were more interested in hearing the Governor-General's speech, but maybe I was wrong.In response to Senator Faulkner's very lame contribution, the Australian National Audit Office report confirmed the probity of government action in the implementation of the Taxation Reform Community Education and Information Program. As the report stated:. . . on the basis of evidence available and legal advice . . . the Government acted legally and officials acted ethically.The report went on to say, `It goes without saying that governments have a right and indeed a responsibility to keep the public informed and to ensure that the public is aware of their policies and implementation'.All I can say is: if you want to have a debate about advertising, let us look at what possessed you to retain Saatchi and to get rid of Singleton—talk about quantity over quality. You outspent us by millions of dollars. I know you are very grateful to your union mates for kicking in that money, but—boy!—if they conduct an audit to see whether they got value, you will all be put away for life. If there was ever a monumental mistake made in relation to the election campaign, it was your decision to get rid of Singleton. Every time those ads ran, we cheered. If you are interested in substance, that is what the debate on advertising ought to be about. Otherwise, I think the Auditor's report, as I have quoted, says it all.17:31:0041Ray, Sen RobertSenator ROBERT RAYUI4VICALP00—It is a pity Senator Alston started with a cricket analogy because we are seeing the captain of the Australian A-side over there in Senator Hill's absence. One of the more interesting things in this is the way language is used. What was this advertising campaign? Senator Alston said it himself: a community education and information program. What a terrible distortion of the English language that is. The campaign was rorting taxpayers' funds for partisan political purposes—nothing more than that.Why did we go to an election six months early? We went to an election on the timetable of a Prime Minister who wanted to have his tax proposals released, the advertising paid for by the taxpayer for two weeks, and then five weeks of the campaign. He did not want real scrutiny of these proposals. But, to make matters worse, he got his lackeys from the Business Council of Australia to tip another $4 million in at the start of the campaign to advertise for tax reform.I hope every businessman who put that $4 million in knows that under the Electoral Act they have to declare that as electoral expenditure in this cycle. Otherwise, we might find some of the Business Council of Australia types making a trip down to their local gaol and enjoying some free hospitality there. They have to declare that $4 million as political expenditure.If this was a community education and information program—what a wonderful euphemism that is—why did we have to have Senator Minchin and the late, lamented Mr Miles authorise the ads? We have seen government advertising stretching back over the last 10 years that has not required authorisation—and therein lies the definition of whether it is a genuine government advertising campaign or whether it is a partisan political campaign.As Senator Faulkner has indicated, we have never seen a campaign of this scale paid for by taxpayers. It is basically four times higher than any past expenditure in the three months prior to a federal election. The only reason that it got capped off at $15 million or so is because the Prime Minister called an election and saved the taxpayers another $5 million. If you want to know why that happened, just have a look at TV advertising rates: they went up after 3 October. The Liberal Party wanted to pay right through its campaign the rates that were cheaper than the pre-Christmas rates which started almost immediately post 3 October.One of the least noted changes made in the administrative orders is the removal of OGIA from the Department of Finance and Administration and the sneaking of it across into the Department of the Prime Minister and Cabinet. One wonders why that was done, why they have moved it under the direct control of the Prime Minister. I am always the optimist—maybe they have done that to clean this area up because of the embarrassment it has caused them over the last 2½ years.Let me remind the Senate of the government's first major advertising campaign. We had the tragedy of Port Arthur. We had the strong political leadership of not only Mr Howard but Mr Beazley and others on gun control. There was an enthusiasm to advertise various aspects of that bipartisan political approach.So what did we get? First of all, we got an advertising firm that was not on OGIA's register put on the list of firms to be chosen from. Even though it was not one of the 1,000 firms on the register, it was put on. It did not make the short list, so the chief political adviser to the Prime Minister intervened and had it put on. Guess who actually got the firm up even though OGIA said it was by far the weakest bid? It was a political committee which included Senator Minchin, in particular, who pushed this particular firm through. When we had a look at the firm, guess who was on the firm? Toby Ralph. All the team that was involved in the Liberal Party's 1996 election campaign won the contract.And Senator Alston makes reference to poor advertising. There was never a worse campaign run. There was never a more unprofessional campaign than the gun buyback advertising. It was absolutely abysmal. It was a terrible campaign—and all their professional associates through the industry described it as such.Not content with rewarding them, the Liberal Party then had to reward one of their own with their PR contract. It again did not make the short list. The Attorney-General, Mr Daryl Williams, intervened, and the political fix was put in yet again. So in the first two tests of this government when it came to advertising, the fix went in and the good old boys from the team got the contracts—and they have got several since. That means: when you come to an election campaign, you get a good discount from the boys. They will go and work for you for virtually nothing because they are getting paid by the taxpayer through a politically rorted process where clapped out Liberal Party apparatchiks—you in the National Party do not even get a look in—choose these contracts. They clear the officials out of the room so that they cannot be sprung on these particular proposals.So we were not particularly surprised when we saw in the budget papers an allocation of money to advertising. But they could not even get that right. They had to go to the Advance to the Minister for Finance for what they described as unforeseen expenditure. Of course it was foreseen—it was foreseen because it was in a previous set of budget papers.So, as the Auditor-General has outlined, this is one area that needs examination, this misuse of the Advance to the Minister for Finance. The government should take that seriously, otherwise they will find that, every time the advance is put in this particular chamber, we will have to start itemising and questioning the items. That is not a good process of government. We all acknowledge that the Advance to the Minister for Finance is a necessary and valuable tool to the executive government, but their misuse and abuse of it on this occasion will lead us to question it in future.The second thing the Auditor-General has basically said in the code that Auditor-General's talk is that this decision by the government is technically legal and he will not judge the morality of it. But implicitly, by calling for an inquiry by a parliamentary committee, he believes this is an area that should be looked at. Guess what? The Acting Treasurer of the time came out of his burrow just long enough to say, `I don't think that's a good idea.' Of course not. Of course they do not want that particular element examined.You do not have the Treasurer do it; it is one of the minor flunkies in the ministry who has to come out. The only sort of stuttering response we got was, `We wouldn't like a parliamentary inquiry into that.' In other words, they will accept as rolled gold everything else in the Auditor-General's report, but what happened to his serious recommendation that parliamentary scrutiny be given to this sort of advertising, especially advertising of this scale requiring this political endorsement? Those on that side of the chamber rejected it automatically. That is not for them because what is turned up might be embarrassing.There is a lot more to come out about this advertising campaign and the way Treasury has handled it. We know that, and that will be pursued in other avenues. We do not want to delay proceedings today too long. But it is probably the most blatant political exercise ever conducted in this country, the most cynical and the most blatant misuse of funds that has happened since Federation.The dichotomy between Mr Howard's professed standards and the reality of the operation of this government is absolutely drawn in this case, as it is in many other cases of standards. The words flow, the pomposity and the sincerity come out but, when you actually look at the way this government operates, poor old ex-President Nixon must be turning in his grave in envy.17:41:0043Kemp, Sen RodSenator KEMPWW4VICLPAssistant Treasurer10—I will just respond briefly to a number of the comments that Senator Ray made.3L6CONROYSenator Conroy—We want you on the record for this rort, Kemp.WW4Kemp, Sen RodSenator KEMP—If you want to get up and speak, you speak, Senator Conroy, but I am going to have my go now. In the earlier part of his remarks, Senator Ray gave us an insight into how the Labor Party works with mates. It is not the way the Liberal Party works with mates. Senator Ray was speaking from deep experience.Can I just make a couple of brief comments. Is it not strange that, after 13 years of the rules under which the Labor Party operated, they have suddenly decided that those rules are not appropriate. We operate under the same rules the Labor Party operated under.3L6CONROYSenator Conroy—You are joking!WW4Kemp, Sen RodSenator KEMP—Yes, we operate under the same rules the Labor Party operated under for 13 years. For 13 years you operated under those rules, and there was not a hint from Robert Ray or John Faulkner that those rules should be changed.This is what happened. Senator Faulkner, who made no serious policy contribution in the last parliament, tried to get himself a position in the election campaign through this big stunt about political advertising. Senator Faulkner referred this all to the Auditor-General and he struck out on every issue. On every issue, Senator Faulkner was found to be wrong.The first question of Senator Faulkner was whether the CEIP was for a Commonwealth purpose. The short answer from the Auditor-General is yes. Senator Faulkner struck out once. In relation to the use of the Advance to the Minister for Finance and Administration, which you spoke on, Senator Ray, this is what it says:In the light of legal advice received, the ANAO was satisfied that the approval of funds from the AMFA met the legislative conditions that the requirement for the funds was urgent and unforeseen.Senator Faulkner struck out again.5K4FAULKNER Senator Faulkner—He said it was a shonk and we should have a parliamentary inquiry.Senator Conroy interjecting—10000PRESIDENTThe PRESIDENT—Order! There are too many interjections.WW4Kemp, Sen RodSenator KEMP—That is two strikes against Senator Faulkner.5K4FAULKNER Senator Faulkner—It was corrupt.10000PRESIDENTThe PRESIDENT—Order! There are far too many interjections. Senator Kemp, you are addressing your remarks across the chamber and not through the chair.WW4Kemp, Sen RodSenator KEMP—Thank you, Madam President. As you know, I was being unduly provoked on this issue. The third issue raised by Senator Faulkner related to public servants, their duties and responsibilities. This is what the Auditor-General said:Given the legal advice that the CEIP was for Commonwealth purposes, on the basis of the evidence available, there was no breach of the Public Service Regulations or the Financial Management and Accountability Act 1997 by Commonwealth officers.Senator Faulkner struck out yet again. Normally it is three strikes and you are out, Senator Faulkner—accept the umpire's decision.5K4FAULKNER Senator Faulkner—So what he said is have an inquiry because it is corrupt.10000PRESIDENTThe PRESIDENT—Order! Senator Faulkner, you have had a chance to speak.WW4Kemp, Sen RodSenator KEMP—Thank you, Madam President. Fair enough it was an election campaign, and why not try to get yourself on the box. He did that. He referred this to the Auditor-General. The Auditor-General examined the issues that Senator Faulkner raised. Senator Faulkner struck out, and that is the problem, that is the issue.So here we have this spleen being vented on day one of the resumption of the Senate. I have to say it reflects again the priorities of the Labor Party. It reflects the hypocrisy of the Labor Party. The Labor Party operated under these rules for 13 years, as Robert Ray knows better than any other person, and not a hint that there was anything wrong with those rules. When we operate under the same rules, we get attacked. We were cleared by the Auditor-General. The Auditor-General gave us a clean bill of health. We were right; Senator Faulkner was wrong. That was the answer.5K4FAULKNER Senator Faulkner—He said you were corrupt.WW4Kemp, Sen RodSenator KEMP—The Auditor-General looked very closely at the issue Senator Faulkner raised, and Senator Faulkner was found not to have any case on any of the points he raised.5K4FAULKNER Senator Faulkner—That is an absolute lie.WW4Kemp, Sen RodSenator KEMP—That is what happened. Read the Auditor-General's report, Senator Faulkner. 5K4FAULKNER Senator Faulkner—I have. We are very happy with it.WW4Kemp, Sen RodSenator KEMP—If you are happy with it, you will be happy in opposition. It is no wonder you are happy in opposition, Senator Faulkner, because on every issue you raised, you struck out. That is what happened with the Auditor-General's report.Senator Conroy interjecting—5K4FAULKNER Senator Faulkner—Why don't you hold an inquiry?WW4Kemp, Sen RodSenator KEMP—Why don't you read the report?10000PRESIDENTThe PRESIDENT—Order! Senator Faulkner and Senator Conroy should cease shouting.WW4Kemp, Sen RodSenator KEMP—I urge Labor Party senators—including Senator Robert Ray and Senator Faulkner—to read the Auditor-General's report and note that their leader in the Senate got it wrong and that the government was cleared on all counts.17:46:0045Cook, Sen PeterSenator COOKRF4WAALP00—This afternoon we have had a pathetic effort by the Acting Leader of the Government in the Senate, Senator Richard Alston, to defend the government against the sensible, realistic and, I might say, devastating charge put against it by the Leader of the Opposition in the Senate, Senator Faulkner. Senator Alston took 90 seconds to defend the government from a $17 million electoral rort. That is what he took—90 seconds. He could not think of another word to say in that 90 seconds. What the government then did was call down a well-known senator who can speak under wet cement on any circumstance to obfuscate this debate. He was called in to muddy the waters, confuse the listeners and take attention away from the facts.The Auditor-General's report does three things and it does them quite clearly. It says there is a public perception in the Australian community that this was funding for political ads; it says this was an inappropriate use of the Advance to the Minister for Finance; and it says this was an inappropriate use of Commonwealth copyright. We would add a fourth point: it invades the civil liberties of clients of Centrelink in the sense that it invades their privacy. There are four reasons that demonstrate that the government used public funding in order to promote its own narrow electorate agenda and pursue its goal of trying to foist an unwelcome tax on the Australian people. There were $17 million of taxpayers money used to do that. That is a scandal. I seek leave to continue my remarks later.Leave granted; debate adjourned.4517:49:0045Bishop, Sen MarkSenator MARK BISHOP2L6WAALP00—I seek leave to move that the Senate take note of Auditor-General's report No. 10 of 1998-99: Performance Audit—Sale of One-Third of Telstra .Leave granted.2L6Bishop, Sen MarkSenator MARK BISHOP—I move:That the Senate take note of the document.I wish to start my speech by looking at the government's own objectives for the sale of one-third of Telstra. The government had five overall objectives, two of which are pertinent to this discussion and I wish to address only those two. Those objectives were, firstly, to achieve an optimum financial return from the sale and, secondly, to secure a timely sale process, conducted to high standards of probity and accountability.I must say at the outset that the government failed and failed miserably to achieve anywhere near maximum possible return. Consider the following sequence of events: the gross proceeds from the Telstra sale were around $14.2 billion; the price set on issue day was around $3.30 to $3.40 per share; at the close of business on the first day, the receipts were at a premium of 67c per share, the largest initial premium of any Commonwealth public share offer on record; in the 11 months since listing, the trading price of Telstra has increased more than 160 times the increase in the all ordinaries; and, at the close of business yesterday, Telstra shares were trading at $6.70, more than double the initial retail price. So in the space of a bare 11 months, the government has given away, or failed to collect, nearly $14 billion of money properly owned by the taxpayers of Australia.We do not argue that Telstra shares should have been priced at 200 per cent of the issue price, but we do point out that Telcos are in a boom sector. There is an acknowledged significant international demand for Telco shares, and we appreciate this huge domestic retail interest in purchasing Telstra shares. The government certainly had knowledge of all of those factors, considering over 2½ million Australians registered for a prospectus before final sale price was announced. We point out that the government had knowledge of the institutional and likely retail demand for Telstra shares. We say that the government and the relevant ministers failed to act responsibly in the planning process, failed to provide sufficient oversight of the float process and failed to take sufficient expert independent advice on the scale of likely investor interest in the Telstra sale.In the race to sell off the farm—to get rid of the family silver—the government and Minister Alston failed to maximise the return to the true owners of Telstra, the taxpayers of Australia. If the issue price had been priced more accurately—somewhere between the then price of $3.30 and the current price of $6.70—we may not now be facing the issue of a $6 billion GST on food and the government may have been able to retire more debt to save interest repayments and hence cut less from the outlay side of the budget in recent years. The $14 billion give-away by the government is simply an example of incompetence, wilful ignorance and lack of work, planning and supervision of the entire process. The findings in paragraph 13 on page 14 of the ANAO report state:ANAO's review of the institutional book suggests the bookbuild process and allocation criteria did not provide sufficient incentive for bidders to reveal their individual price elasticity of demand for Telstra shares.That is cute language and economic jargon, but it means quite simply that the government has given Telstra away—it has set the price far too low—and that the bidders of Telstra shares provided a con and the government fell for it. ANAO said that there was insufficient `incentive for bidders to reveal their individual price elasticity of demand', and the government did not press them hard enough for a higher price. This government is responsible for losing up to $14 billion of taxpayers' money.The following analogy is apt. For example, a couple in Toorak, Melbourne, going through an acrimonious divorce, possess a house worth something in the order of $3 million. The Family Court orders the husband to sell the house and give half the proceeds to his wife. He sells it to the first bidder for $1 million. The wife only gets half a million dollars instead of $1½ million—half the market price. It is the same with this government. It deliberately, or with great incompetence, chose a low price and failed to gain for taxpayers up to $14 billion from the sale of Telstra.Unfortunately, things get worse. We leave the path of incompetence and ignorance to go down a different trail. The trail, as always, is the money trail. This time the government has been overly generous with taxpayers' money. It has been greatly generous to its mates in the broker community and investment banks in Australia and around the world. The budgeted cost of the international roadshow blew out from $1 million to $3 million. Footnote 65 on page 56 of the report outlines the detail.Two million dollars was wasted in the United States on private aircraft charter, costing $466,000, and private chauffeur and limousine services, costing $136,000. Luxury hotels, costing $1,000 per day per person, were booked ad nauseam. Limousines, costing $6,100 per day for those persons involved in the international roadshow in the United States, were booked up. As if the Hilton hotel in major cities in the United States does not charge $200 or $250 for a room. As if cabs to airports or minibuses cannot be hired for $50 to $100 per session in big United States cities. As if scheduled commercial flights do not fly regularly between New York, Los Angeles, Philadelphia and the rest. The full details are listed on page 55 and 56 of the report. In summary, the budget blew out from $1 million to $3 million. Huge amounts of money were paid for private limousines, private aircraft charter and luxury hotel rooms. Payments were not independently verified and an audit trail was not established. But the money trail story gets even worse. At paragraph 3.24, ANAO concludes:. . . certain expenditure did not appear to relate to organising and conducting the Telstra roadshow; certain travel expenses exceeded entitlements by a significant margin; and some expenditure did not reconcile to the roadshow itinerary.This code language of the ANAO report begs the following questions. Firstly, what was the $2 million expended on? Secondly, why was it reimbursed without receipts or checking? Thirdly, who made the claims and is it fraud? Fourthly, when and how will the money be recovered by the government? Fifthly, will the relevant personnel and firms if engaged in fraud be barred from future floats? Sixthly, what action has the minister insisted upon to ensure that there will be no repeat of possible fraud in the future? Finally, will the minister instruct the department to ensure that charges are laid to recover these hundreds of thousands of dollars, if not millions of dollars, wilfully spent on fraudulent activities?In this Telstra float process the government had two objectives: to maximise a financial return from sale and to secure a sale process conducted to high standards of probity and accountability. How did it fair? It received $14 billion. It could have received $28 billion. A reasonable figure would be somewhere between $19 billion and $22 billion. That extra $5 billion to $8 billion, reasonably capable of being gained, could have been used to retire debt and save outlays of that amount having been cut from the budget for the last two years.The sale process, particularly the international roadshow, was just a big party for dozens of wealthy individuals—hired, retained and instructed by this government—all around the United States. Luxury hotel rooms were used and abused at a premium. Fancy chauffeur driven cars were on tap to the tune of $6,000 per day. Big fat meals and lots of wine were on tap and are receipted, and private aircraft jaunts around the United States appeared to be the norm through this process.There was no independent verification of the receipts. There were few, if any, receipts provided by the coordinators to Telstra management and, in turn, to the government of Australia. There was unauthorised expenditure tantamount to fraud on a large scale. We can certainly draw one conclusion from the two objectives: the government failed to maximise the sale price of Telstra and use the money appropriately within the law. The government did not even approach the margin with its own high standards of probity and accountability. From beginning to end throughout the United States, from city to city, tens of thousands of dollars of taxpayers' money was spent on luxury hotel rooms, on big fat meals and on private aircraft jetting from city to city, from LA to Philadelphia.10000PRESIDENTThe PRESIDENT—Order! Senator, the time for your contribution has terminated.2L6Bishop, Sen MarkSenator MARK BISHOP—I seek leave to continue my remarks later.Leave granted; debate adjourned.4747Kemp, Sen RodSenator KEMPWW4VICLPAssistant Treasurer10—In accordance with the provisions of the Parliamentary Act 1974, I present a proposal by the National Capital Authority to erect identification signs in front of Old Parliament House, together with supporting documentation. I seek leave to give a notice of motion in relation to the proposal.Leave granted.WW4Kemp, Sen RodSenator KEMP—I give notice that, on the next day of sitting, I shall move:That, in accordance with the section 5 of the Parliament Act 1974, the Senate approves the proposal by the National Capital Authority to erect identification signs in front of Old Parliament House.Miscellaneous47474718:00:0047Calvert, Sen PaulSenator CALVERT5F4TASLP10—On behalf of the chairs of the 38th Parliament, I present additional information relating to the 1997-98 additional estimates hearings for the Economics Legislation Committee and the Environment, Recreation Communication and the Arts Legislation Committee. I also present additional information relating to the 1998-99 budget estimates hearings for the following committees: Community Affairs; Employment, Education and Training; Environment, Recreation, Communications and the Arts; Foreign Affairs, Defence and Trade; and Legal and Constitutional.Bills48Messages received from the House of Representatives agreeing to the amendments made by the Senate to the following bills: Copyright Amendment Bill 1997 Copyright Amendment Bill (No. 2) 1997 Wheat Marketing Legislation Amendment Bill 1998 Primary Industries and Energy Legislation Amendment Bill (No. 3) 1997 Trade Practices Amendment (Country of Origin Representations) Bill 1998 Intellectual Property Laws Amendment Bill 1998 Television Broadcasting Services (Digital Conversion) Bill 1998 Bills48Messages from His Excellency the Governor-General were reported, informing the Senate that he had assented to the following laws: Family Law Amendment Bill (No. 1) 1998 National Measurement Amendment Bill 1998 Taxation Laws Amendment (Landcare and Water Facility Tax Offset) Bill 1998 Veterans' Entitlements Amendment (Gold Card) Bill 1998 Social Security and Veterans' Affairs Legislation Amendment (Budget and Other Measures) Bill 1997 Electoral and Referendum Amendment Bill 1998 Aviation Legislation Amendment Bill (No. 2) 1997 Crimes Amendment (Forensic Procedures) Bill 1997 Native Title Amendment Bill 1997 [No. 2] Datacasting Charge (Imposition) Bill 1998 Television Broadcasting Services (Digital Conversion) Bill 1998 Intellectual Property Laws Amendment Bill 1998 Gas Pipelines Access (Commonwealth) Bill 1998 Primary Industries and Energy Legislation Amendment Bill (No. 2) 1998 Wheat Marketing Legislation Amendment Bill 1998 Copyright Amendment Bill 1997 Copyright Amendment Bill (No. 2) 1997 Trade Practices Amendment (Country of Origin Representations) Bill 1998 Condolences484810000PRESIDENTThe PRESIDENT—It is with deep regret that I inform the Senate of the death on 24 October 1998, of the Hon. Charles Edward Barnes, member of the House of Representatives for the division of McPherson from 1958 to 1972, Minister for Territories from 1963 to 1968 and Minister for External Territories from 1968 to 1972.18:01:0048Kemp, Sen RodSenator KEMPWW4VICLPAssistant Treasurer10—by leave—I move:That the Senate expresses its deep regret at the death on Saturday 24 october 1998, of the Honourable Charles Edward Barnes, a member of the House of Representatives for the division of McPherson from 1958 to 1972, Minister for Territories from 1963 to 1968 and Minister for External Territories from 1968 to 1972, places on record its appreciation for his long and meritorious public service and tenders its profound sympathy to his family in their bereavement.Charles Edward Barnes was born on 13 November 1901 at Einasleigh, Queensland. Ceb, as he was called, was educated in Sydney. His family moved to their Canning Downs property near Warwick in 1917. Ceb left school in 1918, aged 17, and gained employment with the Union Trustee Company. Ceb bought the Canning Downs property from his father after World War II and lived there until his death.Canning Downs is a horse stud where Ceb and his family have bred fine race horses including `Tails' who, on his third attempt, finished third in the 1971 Melbourne Cup. In fact, Ceb credited one horse, Basha Felika, the 1951 Caulfield Cup winner, with winning him an election when his constituents found out that he owned him.During World War II, Ceb served in the Royal Australian Air Force. He enlisted in 1942 and was discharged in 1944, having reached the rank of Flying Officer after serving in Australia and New Guinea.Ceb was elected as the Country Party member for McPherson in 1958. His maiden speech in the House of Representatives was full of praise for the farming industry in Queensland. He commented on how Queensland had gone from importing flour to growing some of the best wheat in Australia and how Queensland had changed from relying on its mining industry to sustaining a thriving agricultural sector. His parliamentary career was distinguished—serving for 14 years, eight as a minister.Ceb's association with New Guinea did not end with his war service but continued through his parliamentary duties. As Minister for External Territories, he will be remembered for his dedication to the economic and political development of Papua New Guinea and its progress toward self-government. He had responsibility for a difficult and controversial portfolio which would have tested any minister, but he fulfilled his duty honourably.During Ceb's 14 years in this parliament, he contributed to the work of parliamentary committees. He was a member of both the Select Committee on Voting Rights of Aborigines and the Select Committee on Grievances of Yirrkala Aborigines, Arnhem Land Reserve. He also attended the inauguration of the Papua New Guinea House of Assembly in 1964 and led a parliamentary delegation to the South Pacific in 1971.Ceb retired from federal politics in 1972 and returned to Canning Downs and breeding horses. He has been quoted as saying that he gained so much from his years in parliament and would not have missed them for anything, but in the end was a farmer at heart.Ceb will be remembered by all who knew him as a man whose honesty, integrity and dignity were but a few of his virtues.On behalf of the government, I extend to his wife Barbara, his daughters, Patricia and Jill, son John and their families our most sincere sympathy in their bereavement.18:05:0049Faulkner, Sen JohnSenator FAULKNER5K4NSWALP00—On behalf of the opposition, I associate the opposition with this condolence motion on the death of Ceb Barnes, a former Country Party minister. We also express our sincere regret at his death and offer our condolences to his family.Ceb Barnes will be remembered as a gentleman who treated people with respect and who lived his life with dignity. I am told that he had a straightforward style about him, that he was a person who fought hard for his convictions, that he gave no quarter and that he sought none.He entered federal parliament quite late in life. He was in his late 50s when he first won the seat of McPherson in Queensland in 1958, and he held that seat until he retired from parliament in 1972. He was appointed Minister for Territories in 1963, which at the time included a responsibility for Papua New Guinea. In 1968 his title and portfolio responsibilities were changed when he became Minister for External Territories. It was that portfolio that he held until his retirement from the Commonwealth parliament in 1972. It was a difficult and, at times, controversial portfolio which he held for eight years.As Minister for Territories he was responsible for the introduction of equal pay for indigenous Australians in the Northern Territory. He also played a major role in the campaign to give indigenous Australians the vote. During his time as minister, he was also responsible for advancing the cause of self-government for what we now know as Papua New Guinea. By 1970 he, along with others, had steered the process to the point where the Papua New Guinea House of Assembly was able to take over management of many of its affairs along the process towards full self-government. He strongly wanted to see Papua New Guinea prepared for self-government by ensuring social stability and sound economic development. Of course, full independence for Papua New Guinea was achieved in 1975.I am told that Ceb Barnes was a man of strong character. We have learnt that he turned a knighthood down after his retirement as he modestly judged his own achievements to be unremarkable. I think he had substantial achievements and, as Minister Kemp and I have indicated, they are there on the public record for all to see. Madam President, let me say on behalf of the opposition that we offer our most sincere condolences to his family and friends.18:10:0050Boswell, Sen RonaldSenator BOSWELLYE4QLDNP10—I rise to extend the condolences of the National Party to the family of our former National Party colleague Charlie Edward Barnes, known as Ceb Barnes. I can remember that he addressed some of the meetings in the earlier part of my association with the National Party. I have also met him personally.Ceb Barnes was the National Party member for McPherson from 1958 until 1972, succeeding in the seat of McPherson another admirable Queenslander, the Hon. Sir Artie Fadden. At the time the electorate covered a huge part of Queensland—from Warwick, Boonah, right down to Southport and to what is now known as the Gold Coast. Ceb Barnes was always described as a true gentleman. He was a man of many achievements: a miner, an aviator, a thoroughbred breeder, a politician and a farmer. His rural interests and knowledge were tremendous assets to the Country Party. He was particularly well known as a dedicated horse breeder on his family property, Canning Downs, at Warwick. As a government minister, he had the distinction of receiving newspaper headlines for his horses' racing successes, which included his famous chestnut colt Tails that he bred at Canning Downs. In fact, on the day Ceb retired from politics, Tails retired from racing.As a breeder of thoroughbreds, he was a pursuer of colonial blood as the principal source of breeding lines for Canning Downs—as had his father John H.S. Barnes been before him. In the foreword to his biography, Ceb—exploits of an uncommon man, it is said:As a breeder of thoroughbred racehorses Ceb Barnes can take his place as a master of both—a scientist and a craftsman—a man whose knowledge and understanding of bloodlines combined with his ability and sensitivity as a horseman has earned him a place as a nobleman of the bloodstock industry in Queensland.In 1963 Ceb Barnes was appointed Minister for the Territories in the Menzies government, following Sir Paul Hasluck. In 1968 he became the Minister for External Territories—covering Papua New Guinea, the Northern Territory, Norfolk Island, Cocos Island, Christmas Island and Nauru—which he held until January 1972. Ceb Barnes held portfolios under four prime ministers: Menzies, Holt, Gorton and McMahon.His achievements were considerable. He gradually introduced equal pay for Aborigines in the Northern Territory, a right which was extended by the vote to right through referendum. As minister, his focus on Papua New Guinea was to achieve economic development and social stability. It was a difficult period leading a country to nationhood and a time when he received criticism from many quarters. During this period leading into self-government—immediate independence was the catchcry of many, including the then Deputy Leader of the Opposition, Mr Gough Whitlam—Barnes as the responsible minister saw this as a matter for the people themselves and should not be imposed upon them. His involvement as minister with Papua New Guinea echoed his time there during the Second World War as a flying officer in the RAAF, responsible for radar installations at Milne Bay and the Trobriand Islands.Ceb Barnes could reply ably to his critics, citing the achievements during his years as minister. These included the trebling of territory spending, a trebling of education spending, a doubling of health spending, an increase of nearly 50 per cent in school enrolments and the opening of the university and other tertiary educational institutions which endure as proud and valuable contributors to Papua New Guinea today. On his retirement, his contribution to Papua New Guinea was paid tribute through the words of the President, Tuit To Kubak of the Gazelle Peninsula Local Government Council, who said:The people of this territory have highly admired the marvellous and splendid work you have carried out . . . Now the time has come that you have to retire but the council will not forget you.What you have done for the improvement of our territory of Papua New Guinea will always recall your name back to the people.The life of Ceb Barnes, 20 days short of 97 years, reveals a full life of public service and a valuable contribution to primary industry and family life. His biographer, Lorraine Nott, concludes his autobiography with the words:One cannot help but wonder to what greater heights Canning Downs might have climbed had Ceb Barnes not given those years to government. Ceb Barnes is quoted as saying, "But I gained so much from those years—I wouldn't have missed them for anything."I extend the condolences of the National Party to his widow, Barbara, and children, Patricia, Jill and John, and his sister, Mrs Adelaide Bell.Question resolved in the affirmative, honourable senators standing in their places.18:16:0051Senate adjourned at 6.16 p.m.Documents5151The following documents were tabled by the Clerk:Aboriginal and Torres Strait Islander Commission Act—Aboriginal and Torres Strait Islander Commission (Conditions of Payment to Organisations) Direction 1998.Augmented review panel convened by the Minister—Final boundary recommendations under section 141N.Regional Council Election Amendment Rules (No. 2) 1998.Aged Care Act— Determination under subsection— 44-3(2) ACA Ch. 3 No. 1/1998. 44-6(4) ACA Ch. 3 No. 2/1998. 44-12(3) ACA Ch. 3 No. 3/1998. 44-13(6) ACA Ch. 3 No. 4/1998. 44-14(6) ACA Ch. 3 No. 5/1998. 44-16(3) ACA Ch. 3 No. 6/1998 and ACA Ch. 3 No. 7/1998. 44-19(2) ACA Ch. 3 No. 8/1998. 44-28(7) ACA Ch. 3 No. 9/1998. Schedule of residential care services determined to be adjusted residential care services as at 1 October 1997.Air Force Act—Regulations—Statutory Rules 1998 No. 290.Antarctic Treaty (Environment Protection) Act—Regulations—Statutory Rules 1998 No. 231.Archives Act—Regulations—Statutory Rules 1998 No. 273.Australian Federal Police Act—Regulations—Statutory Rules 1998 No. 232.Australian Meat and Live-stock Industry Act—Declaration— Approved Donor, dated 30 June 1998, 7 July 1998 and 21 August 1998.Industry Marketing Body, dated 30 June 1998.Research Body, dated 30 June 1998.Order Nos LC1/98 and LC2/98.Australian National University Act—Statute No. 256.Australian Prudential Regulation Authority Act—Australian Prudential Regulation Authority (Commonwealth Costs) Determination 1998.Instrument under section 51, dated 1 July 1998.Australian Securities and Investments Commission Act—Regulations—Statutory Rules 1998 No. 294.Authorised Non-operating Holding Companies Supervisory Levy Imposition Act—Authorised Non-operating Holding Companies Supervisory Levy Imposition Determination 1998.Chemical Weapons (Prohibition) Act—Instrument of Approval of Forms, dated 12 October 1998.Cheques and Payment Orders Act—Regulations—Statutory Rules 1998 No. 238.Christmas Island Act—Casino Control Ordinance—Direction under section 58, dated 10 July 1998.Notice of cancellation of casino licence under section 58, dated 28 July 1998.Civil Aviation Act—Civil Aviation Regulations—Civil Aviation Orders—Amendment of section— 20, dated 19 October 1998. 82, dated 24 September 1998. 95, dated 28 September 1998.Directive—Part— 105, dated 23[2], 24, 25 and 30[3] June 1998; 3[2], 6[2], 16, 17[4], 24[5], 26, 27[4], 28[7], 30[2] and 31[5] July 1998; 3, 5, 7[2], 11, 13, 17, 19, 24[4], 28[3] and 31[7] August 1998; 3, 4[4], 11[10], 16[3], 18[3], 22[3], 23[2] and 25[7] September 1998; and 1, 2, 7, 9, 12, 13, 14[3], 15, 16[3] and 23[23] October 1998. 106, dated 16, 20, 30 and 31[2] July 1998; 24[3], 28, and 31[2] August 1998; 1 and 25 September 1998; and 13 October 1998. 107, dated 29 June 1998; 3[3] 27[2] and 29 July 1998; 28[2] August 1998; 10 and 25 September 1998; and 8, 14 and 23 October 1998. Exemptions Nos CASA 24/1998, CASA 27/1998, CASA 28/1998, CASA 31/1998 and CASA 32/1998-CASA 39/1998. Instruments Nos CASA 254/98, CASA 267/98, CASA 290/98, CASA 309/98, CASA 310/98, CASA 316/98, CASA 327/98, CASA 358/98, CASA 392/98 and CASA 417/98. Statutory Rules 1998 Nos 234-237 and 288.Civil Aviation (Carriers' Liability) Act—Regulations—Statutory Rules 1998 No. 256.Commonwealth Authorities and Companies Act—Commonwealth Authorities and Companies Orders 1998.Notice pursuant to section 45—Acquisition of shares in a company.Formation of four Commonwealth owned companies; and disposal by the Commonwealth of all shares in, and ceasing to be a member of three companies.Commonwealth Electoral Act and Referendum (Machinery Provisions) Act—Regulations —Statutory Rules 1998 No. 296.Commonwealth Places (Application of Laws) Act—Regulations—Statutory Rules 1998 No. 271.Corporations Act— Accounting Standard— AASB 1001—Accounting Policies. AASB 1008—Leases. AASB 1016—Accounting for Investments in Associates. AASB 1037—Self-Generating and Regenerating Assets. Regulations—Statutory Rules 1998 Nos 239, 293 and 295.Customs Act— Declared rate in respect of diesel fuel rebate—Notice No. 1 (1998). Regulations—Statutory Rules 1998 Nos 228, 229, 276 and 278.Defence Act— Defence Force Remuneration Tribunal—Determinations Nos 20-29 of 1998. Defence Force (Superannuation) (Productivity Benefit) Determination (Amendment) (No. 4 of 1998). Determinations under section 58B—Defence Determinations 1998/26-1998/37.Designs Act—Regulations—Statutory Rules 1998 No. 259.Endangered Species Protection Act—Declaration under section 18 amending Schedule— 1—98/ESP1, 98/ESP3 and 98/ESP6. 2—98/ESP4.Excise Act—Declared rate in respect of diesel fuel rebate—Notice No. 1 (1998).Regulations—Statutory Rules 1998 Nos 274, 275 and 277.Export Inspection (Quantity Charge) Act—Regulations—Statutory Rules 1998 No. 233.Family Law Act—Regulations—Statutory Rules 1998 Nos 248, 249 and 270.Rules of Court—Statutory Rules 1998 No. 299.Federal Court of Australia Act—Rules of Court—Statutory Rules 1998 Nos 224 and 297.Financial Management and Accountability Act—Financial Management and Accountability Orders (Amendment) 1998.Regulations—Statutory Rules 1998 Nos 261 and 289.Fisheries Management Act—Northern Prawn Fishery Management Plan 1995—Directions Nos NPFD 21 and NPFD 22.Southern Bluefin Tuna Fishery Management Plan—1998 SBT Final TAC Determination.Temporary Order No. 1—Ban on fishing for pilchards.General Insurance Supervisory Levy Imposition Act—General Insurance Supervisory Levy Imposition Determination 1998.Health Insurance Act— Declaration—QAA No. 1/1998.Health Insurance (Approval of Billing Agents) Amendment Guidelines (No. 1) 1998.Health Insurance Determination HS/1/1998. Health Insurance (Pathology-Licensed Collection Centres) Determination (No. 8).Regulations—Statutory Rules 1998 Nos 253, 266, 268 and 301-303.Higher Education Funding Act—Determination under section— 15—T18-98 and T20-98. 19—T19-98 and T21-98.Home and Community Care Act—Amending Agreement, in relation to the provision of financial assistance by Commonwealth of Australia for Home and Community Care Program to State of—New South Wales.Victoria.Indigenous Education (Supplementary Assistance) Act—Regulations—Statutory Rules 1998 No. 279.International Organisations (Privileges and Immunities) Act—Regulations—Statutory Rules 1998 Nos 250-252.Judiciary Act—High Court of Australia—Rule of Court, as at 4 August 1998.Rules of Court—Statutory Rules 1998 No. 298.Lands Acquisition Act—Statement describing property acquired by agreement under section 40 for specified public purposes.Life Insurance Supervisory Levy Imposition Act—Life Insurance Supervisory Levy Imposition Determination 1998.Live-stock Transactions Levy Act and National Residue Survey (Sheep, Lambs and Goats Transactions) Levy Act—Regulations—Statutory Rules 1998 No. 254.Migration Act—Certificate under section 502, dated 14 [2], 16 [2] and 19 October 1998.Regulations—Statutory Rules 1998 Nos 284, 285 and 304-306.Statement for period 1 January to 30 June 1998 under section— 48B[8]. 345[4]. 351[10]. 417[22].Migration Agents Registration Application Charge Act—Regulations—Statutory Rules 1998 No. 282.Migration Agents Registration Renewal Charge Act—Regulations—Statutory Rules 1998 No. 283. Military Superannuation and Benefits Act—Military Superannuation and Benefits Trust Deed (Amendment) (No. 4 of 1998).Motor Vehicle Standards Act—Road Vehicle (National Standards) Determination No. 1 of 1998.Mutual Assistance in Business Regulation Act—Regulations—Statutory Rules 1998 No. 263.Mutual Assistance in Criminal Matters Act—Regulations—Statutory Rules 1998 No. 292.National Environment Protection Council Act—National Environment Protection Council (Ambient Air Quality) Measure, dated 26 June 1998, accompanied by the impact statement, summary of submissions and the Council's response to submissions.National Environment Protection (Movement of Controlled Waste between States and Territories) Measure, dated 26 June 1998, accompanied by the impact statement, summary of submissions and the Council's response to submissions.National Health Act— Declarations Nos PB 14, PB 15 and PB 17-19 of 1998. Determination— Nos PB 13, PB 16 and PB 20 of 1998. under Schedule 1—HIG 5/1998 and HIG 6/1998.Health Benefits Reinsurance (Records of Organisations) Determination 1998.Instrument for the purposes of paragraph 40AA(6)(ce), dated 8 September 1998.Regulations—Statutory Rules 1998 No. 262.Native Title Act—Determination under section— 202—Representative Aboriginal/Torres strait Islander Bodies Revocation (No. 1: 1998). 252—Native Title (Notices) Determination 1998. Regulations—Statutory Rules 1998 Nos 272, 281 and 286.Naval Defence Act—Regulations—Statutory Rules 1998 No. 230.Navigation Act—Marine Orders—Orders Nos 9-13 of 1998.Northern Territory (Self-Government) Act—Regulations—Statutory Rules 1998 No. 287.Overseas Missions (Privileges and Immunities) Act—Regulations—Statutory Rules 1998 No. 300. Ozone Protection Act—Notice of Grant, dated 3 June 1998—Controlled Substances Licences (HCFCs). Controlled Substances Licences (Methyl Bromide).Essential Uses Licence [2].Exemption for Aerosol Products containing CFCs.Exemption for Products containing Halon.Used Substances Licence.Parliamentary Entitlements Act—Regulations—Statutory Rules 1998 No. 269.Patents Act—Regulations—Statutory Rules 1998 Nos 241, 257, 264 and 291.Payment Systems and Netting Act—Approvals under section 9, dated 29 October 1998 [2].Primary Industries Levies and Charges Collection Act, National Residue Survey (Customs) Levy Act and National Residue Survey (Excise) Levy Act—Regulations—Statutory Rules 1998 No. 245.Product Rulings PR 98/1 and PR 98/2.Productivity Commission Act—Regulations—Statutory Rules 1998 No. 255.Public Service Act—Foreign Affairs and Trade Determinations 1998/6-1998/15.Locally Engaged Staff Determinations 1998/30-1998/38.Parliamentary Presiding Officers' Determination No. 1 of 1998.Public Service Determinations 1998/16-18.Senior Executive Service Retirement on Benefit Determinations 1998/55-1998/77.Quarantine Act—Quarantine Determination No. 2 of 1998.Radiocommunications Act—Radiocommunications Class Licence (Infrared Devices) Amendment (No. 1) 1998.Radiocommunications (Communication with Space Object) Class Licence 1998.Radiocommunications (C-Tick Mark) Determination 1998.Radiocommunications Licence Conditions (Broadcasting Licence) Determination No. 1 of 1998.Remuneration Tribunal Act—Determinations Nos 16-22 of 1998.Retirement Savings Account Providers Supervisory Levy Imposition Act—Retirement Savings Account Providers Supervisory Levy Imposition Determination 1998.Safety, Rehabilitation and Compensation Act—Notices of Declaration—Notices Nos 7, 8, 10-12, 14 and 15 of 1998. Sales Tax Determination STD 98/4-98/6.Social Security Act—Advance Payment of Entitlement (Waiver of Waiting Period) Determination (No. 1) 1998.Youth Allowance (Activity Test Exemption Guidelines) Determination 1998.Youth Allowance (Satisfactory Study Progress Guidelines) Determination 1998.States Grants (Primary and Secondary Education Assistance) Act—Regulations—Statutory Rules 1998 No. 280.Stevedoring Levy (Collection) Act—Regulations—Statutory Rules 1998 No. 226.Stevedoring Levy (Imposition) Act—Regulations—Statutory Rules 1998 No. 225.Student Assistance Act—Present Value of the Unpaid Amount—Annual Rate of Interest Notice (No. 1 of 1998).Superannuation Act 1976—Regulations—Statutory Rules 1998 No. 242.Superannuation Act 1990—Declaration—Statutory Rules 1998 Nos 243 and 244.Superannuation Industry (Supervision) Act— Regulations—Statutory Rules 1998 No. 240.Superannuation Supervisory Levy Imposition Act—Superannuation Supervisory Levy Imposition Determination 1998.Sydney Airport Curfew Act—Dispensations granted under section 20—Dispensations Nos 6-8/98.Taxation Determinations TD 98/15 (Addendum), TD 98/D15 (Draft), TD 98/16 (Addendum) and TD 98/17-TD 98/24.Taxation Ruling— Notices of withdrawal—IT 57, IT 59, IT 61 and IT 2551. SST 12 and SST 13. TR 98/13-TR 98/16.Telecommunications Act—Determination under section— 23—No. 1 of 1998. 51—No. 2 of 1998.Net Universal Service Costs Avoidable Costs Determination 1998.Technical Standard ACA TS 101—1998.Telecommunications (Customer Service Guarantee) Scale of Damages 1997 (Amendment No. 2).Telecommunications (Customer Service Guarantee) Standard 1997 (Amendment No. 2). Telecommunications Labelling (Customer Equipment and Customer Cabling) Notice No. 2 of 1997 (Amendment No. 1 of 1998).Telecommunications (Interception) Act—Agency (Police Integrity Commission) Declaration 1998.Therapeutic Goods Act—Instrument of approval under section—6AA, dated 13 July 1998.23AA, dated 13 July 1998 and 17 September 1998.Regulations—Statutory Rules 1998 Nos 227 and 247.Therapeutic Goods (Charges) Act—Regulations—Statutory Rules 1998 Nos 246 and 260.Trade Marks Act—Regulations—Statutory Rules 1998 Nos 258 and 265.Veterans' Entitlements Act—Asset-test Exempt Income Stream (Lifetime Income Stream Guidelines) Determination 1998—Instrument 1998 No. 10.Instrument varying the Treatment Principles under section 90—Instrument No. 8 of 1998.Instruments under section 196B—Instrument No. 51-75 of 1998.Veterans' Entitlements (Pension Valuation Factor) Determination 1998—Instrument 1998 No. 9.Proclamations55Proclamations by His Excellency the Governor-General were tabled, notifying that he had proclaimed the following Acts and provisions of Acts to come into operation on the dates specified:Cheques and Payment Orders Amendment Act 1998—Items of Schedule 1, other than item 27 and items 70 to 82, and items of Schedules 2 and 3—1 December 1988 (Gazette No. S371, 22 July 1998).Cheques and Payment Orders Amendment (Turnback of Cheques) Act 1998—Items of Schedule 1, other than item 6—22 July 1998 (Gazette No. S365, 16 July 1998).Civil Aviation (Carriers' Liability) Amendment Act 1991—Section 10 and subsections 11(2) and 13(2)—22 June 1998 (Gazette No. S288, 19 June 1998).Customs Legislation (Anti-dumping Amendments) Act 1998—Items of Schedule 1 (other than item 39), items of Schedules 2 and 4 and items of Schedule 3 (other than item 11)—24 July 1998 (Gazette No. GN 29, 22 July 1998).National Residue Survey Administration Amendment Act 1998—Schedules 2 and 3—1 August 1998 (Gazette No. S382, 31 July 1998).National Residue Survey (Customs) Levy Act 1998—1 August 1998 (Gazette No. S382, 31 July 1998).National Residue Survey (Excise) Levy Act 1998—1 August 1998 (Gazette No. S382, 31 July 1998).Native Title Amendment Act 1998—(a) Schedules 1, 2 ,4 and 5—30 September 1998; and(b) Part 1 of Schedule 3—30 October 1998;(Gazette No. S428, 28 August 1998).Trade Practices Amendment (Country of Origin Representations) Act 1998—Schedule 1—13 August 1998 (Gazette No. S398, 12 August 1998).