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senate vote 2008-11-27#5
Edited by
system
on
2014-10-07 16:19:58
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Title
Description
The majority voted against a [http://www.openaustralia.org/senate/?gid=2008-11-27.207.5 motion] "that schedule 3 stand as printed". This means that the majority do not want schedule 3 to remain as it is.This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].(Read more about this schedule and the permit system in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest].
)''Background to the bill''In 2007, the [http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response Northern Territory National Emergency Response] ('the Intervention') was introduced in response to a report called ''Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse''.(Read more about the ''Little Children are Sacred'' report [http://en.wikipedia.org/wiki/Little_Children_are_Sacred here].
) The intervention was controversial and has been a source of ongoing debate. This latest [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2938 bill] changes and removes some of the measures introduced as part of the Intervention. In summary, it:* prohibits certain pay television licensees from providing television channels that contain a large amount of R18+ programming to certain prescribed areas;* permits transporting pornographic material through a prescribed area to a place outside the prescribed area (currently its presence for any purpose is prohibited);* reintroduces elements of the permit system, which requires visitors to certain Aboriginal areas to first seek permission to enter the area; and* enables community dependent roadhouses to be licensed as community stores.(See the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest] for more information.)- The majority voted against a [motion](http://www.openaustralia.org/senate/?gid=2008-11-27.207.5) "that schedule 3 stand as printed". This means that the majority do not want schedule 3 to remain as it is.
- This motion was put in response to an [earlier motion](http://www.openaustralia.org/senate/?gid=2008-11-27.202.1) to oppose schedule 3, which was introduced by Country Liberal Senator [Nigel Scullion](http://publicwhip-rails.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate). This schedule repeals most of the permit provisions introduced by the [Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851).(Read more about this schedule and the permit system in the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082). )
- _Background to the bill_
- In 2007, the [Northern Territory National Emergency Response](http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response) ('the Intervention') was introduced in response to a report called _Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse_.(Read more about the _Little Children are Sacred_ report [here](http://en.wikipedia.org/wiki/Little_Children_are_Sacred). ) The intervention was controversial and has been a source of ongoing debate.
- This latest [bill](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2938) changes and removes some of the measures introduced as part of the Intervention. In summary, it:
- - prohibits certain pay television licensees from providing television channels that contain a large amount of R18+ programming to certain prescribed areas;
- - permits transporting pornographic material through a prescribed area to a place outside the prescribed area (currently its presence for any purpose is prohibited);
- - reintroduces elements of the permit system, which requires visitors to certain Aboriginal areas to first seek permission to enter the area; and
- - enables community dependent roadhouses to be licensed as community stores.(See the [bills digest](http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082) for more information.)
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senate vote 2008-11-27#5
Edited by
system
on
2014-10-07 16:16:35
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Title
Description
- The majority voted against a [http://www.openaustralia.org/senate/?gid=2008-11-27.207.5 motion] "that schedule 3 stand as printed". This means that the majority do not want schedule 3 to remain as it is.
This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].[1]- This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].(Read more about this schedule and the permit system in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest].
)
- ''Background to the bill''
In 2007, the [http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response Northern Territory National Emergency Response] ('the Intervention') was introduced in response to a report called ''Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse''.[2] The intervention was controversial and has been a source of ongoing debate. - In 2007, the [http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response Northern Territory National Emergency Response] ('the Intervention') was introduced in response to a report called ''Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse''.(Read more about the ''Little Children are Sacred'' report [http://en.wikipedia.org/wiki/Little_Children_are_Sacred here].
) The intervention was controversial and has been a source of ongoing debate.
- This latest [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2938 bill] changes and removes some of the measures introduced as part of the Intervention. In summary, it:
- * prohibits certain pay television licensees from providing television channels that contain a large amount of R18+ programming to certain prescribed areas;
- * permits transporting pornographic material through a prescribed area to a place outside the prescribed area (currently its presence for any purpose is prohibited);
- * reintroduces elements of the permit system, which requires visitors to certain Aboriginal areas to first seek permission to enter the area; and
* enables community dependent roadhouses to be licensed as community stores.[3]''References''* [1] Read more about this schedule and the permit system in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest].* [2] Read more about the ''Little Children are Sacred'' report [http://en.wikipedia.org/wiki/Little_Children_are_Sacred here].* [3] See the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest] for more information.- * enables community dependent roadhouses to be licensed as community stores.(See the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest] for more information.)
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senate vote 2008-11-27#5
Edited by
mackay staff
on
2014-07-09 16:22:45
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Title
Description
- The majority voted against a [http://www.openaustralia.org/senate/?gid=2008-11-27.207.5 motion] "that schedule 3 stand as printed". This means that the majority do not want schedule 3 to remain as it is.
This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].[1]- This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].[1]
- ''Background to the bill''
- In 2007, the [http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response Northern Territory National Emergency Response] ('the Intervention') was introduced in response to a report called ''Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse''.[2] The intervention was controversial and has been a source of ongoing debate.
- This latest [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2938 bill] changes and removes some of the measures introduced as part of the Intervention. In summary, it:
- * prohibits certain pay television licensees from providing television channels that contain a large amount of R18+ programming to certain prescribed areas;
- * permits transporting pornographic material through a prescribed area to a place outside the prescribed area (currently its presence for any purpose is prohibited);
- * reintroduces elements of the permit system, which requires visitors to certain Aboriginal areas to first seek permission to enter the area; and
- * enables community dependent roadhouses to be licensed as community stores.[3]
- ''References''
- * [1] Read more about this schedule and the permit system in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest].
- * [2] Read more about the ''Little Children are Sacred'' report [http://en.wikipedia.org/wiki/Little_Children_are_Sacred here].
- * [3] See the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest] for more information.
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senate vote 2008-11-27#5
Edited by
mackay staff
on
2014-07-09 16:22:19
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Title
Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008 — In Committee- Families, Housing, Community Services and Indigenous Affairs and Other Legislation Amendment (Emergency Response Consolidation) Bill 2008 - In Committee - Keep the permit system
Description
<p class="speaker">Nigel Scullion</p><p>I oppose schedule 2 in the following terms:</p><p class="italic">(9)    Schedule 2, page 15 (line 2) to page 16 (line 22), Schedule <b>to be opposed</b>.</p>- The majority voted against a [http://www.openaustralia.org/senate/?gid=2008-11-27.207.5 motion] "that schedule 3 stand as printed". This means that the majority do not want schedule 3 to remain as it is.
- This motion was put in response to an [http://www.openaustralia.org/senate/?gid=2008-11-27.202.1 earlier motion] to oppose schedule 3, which was introduced by Country Liberal Senator [http://publicwhip-test.openaustraliafoundation.org.au/mp.php?mpn=Nigel_Scullion&mpc=Senate&house=senate Nigel Scullion]. This schedule repeals most of the permit provisions introduced by the [www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2851 Families, Community Services and Indigenous Affairs and Other Legislation Amendment (Northern Territory National Emergency Response and Other Measures) Act 2007].[1]
- ''Background to the bill''
- In 2007, the [http://en.wikipedia.org/wiki/Northern_Territory_National_Emergency_Response Northern Territory National Emergency Response] ('the Intervention') was introduced in response to a report called ''Ampe Akelyernemane Meke Mekarle Little Children are Sacred: The Report of the Northern Territory Board of Inquiry into the Protection of Aboriginal Children from Sexual Abuse''.[2] The intervention was controversial and has been a source of ongoing debate.
- This latest [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r2938 bill] changes and removes some of the measures introduced as part of the Intervention. In summary, it:
- * prohibits certain pay television licensees from providing television channels that contain a large amount of R18+ programming to certain prescribed areas;
- * permits transporting pornographic material through a prescribed area to a place outside the prescribed area (currently its presence for any purpose is prohibited);
- * reintroduces elements of the permit system, which requires visitors to certain Aboriginal areas to first seek permission to enter the area; and
- * enables community dependent roadhouses to be licensed as community stores.[3]
- ''References''
- * [1] Read more about this schedule and the permit system in the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest].
- * [2] Read more about the ''Little Children are Sacred'' report [http://en.wikipedia.org/wiki/Little_Children_are_Sacred here].
- * [3] See the [http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd0708/08bd082 bills digest] for more information.
<p>This relates to schedule 2 of the bill, which is about the transportation of prohibited material. This is a matter of nuance. We understand what the clear intent is: to make some clear consistency in terms of alcohol. But we want to ensure we are sending a consistent signal in the circumstances where pornography may occur in communities. We accept that it is on the grey end of the nuance but we thought long and hard about this. We are not accepting that a defence needs to be provided in the same way as for alcohol, because of the nature of the way pornography is transported. It may go in the post or by courier. We believe that that could provide a potential defence for anybody who has it on their person but is carrying it in such a way that it could be for someone else’s consumption.</p><p>Knowing the prescribed areas as I do—and no doubt as those in government do—that there could be circumstances under which you would say, ‘I am just carrying this pornography via Kintore to Perth,’ or some other place is a little far-fetched. It could create a defence when there is clearly an offence. I think a defence exists if you are a postal worker, but to take pornography to a place outside a prescribed area by necessarily driving through a prescribed area—</p> <p class="speaker">Trish Crossin</p><p>Not Kintore. Elliott community is on the Stuart Highway.</p> <p class="speaker">Nigel Scullion</p><p>Some elements are a prescribed area, if I can take the first and only interjection in this debate from Senator Crossin. She wants to interject about elements of the Stuart Highway, which is not part of the intervention area, although there are elements of Elliott there. It is very disappointing to see her come into this place and make such an unconstructive contribution, but, frankly, I am not surprised.</p><p>There are a number of ways that can occur. We believe that in any event there is a judicial system and a defence exists. If this were a strict liability offence, I would understand why you would have to create a particular defence around that. It is not a strict liability offence and I believe the government has made quite a significant effort to provide a reverse onus of proof in that regard. We simply do not think it goes far enough, and that is the reason we will not be supporting these changes.</p> <p class="speaker">Nick Sherry</p><p>The government opposes the amendment moved by the opposition. I note the very helpful contribution of my colleague, Senator Crossin, in pointing out one of the communities—Elliott. From the government’s perspective, it is unclear why the opposition is opposing this sensible workability measure. The prohibited materials ban was intended to be consistent with the alcohol ban, which allowed transit. Schedule 2 to the bill addresses this anomaly by allowing prohibited material to be transported through prescribed areas as long as its destination is outside a prescribed area. We just cannot see why the Liberal opposition is persisting with this amendment in light of the eminently sensible position—even half-conceded or a bit more than half-conceded by Senator Scullion—that the government is advancing.</p> <p class="speaker">Mark Bishop</p><p> The question is that schedule 2 stand as printed.</p> <p class="speaker">Nick Sherry</p><p>Question agreed to.</p> <p class="speaker">Nigel Scullion</p><p>I am sorry, Mr Temporary Chairman. I was just having a conversation with another senator at the stage the question was put and he has indicated that he wished to vote with the government if the wish was to divide on the matter. We did not want to rush that. Perhaps you may wish to put the question again.</p> <p class="speaker">The Temporary Chairman</p><p>No. I put the question in the positive—that schedule 2 stand as printed.</p> <p class="speaker">Nigel Scullion</p><p>The opposition opposes items 1 to 9 in schedule 3 in the following terms:</p><ul><li>(10)   Schedule 3, items 1 to 9, page 17 (line 10) to page 18 (line 12), items 1 to 9 <b>to be opposed</b>.</li></ul><p>I think the fundamental amendments that have been brought to this place relate to schedule 3. Next to those, the rest pale into insignificance. I question the motive behind the government’s insistence on this schedule, but I would like to acknowledge the consistency of the Labor Party on this. From the day of the intervention they have consistently said that they support every aspect of the intervention. They actually divided on the permit system in this place, so their position has been consistent and I acknowledge that. But I would have thought that you would have to question the motive or have a little understanding of the motive. Much of the discussion at the time of the intervention revolved around the capacity, for example, of the police force. We have had Police Federation of Australia representatives come out and say that this is a very important piece of legislation because it allows a great deal of leeway in being able to have discussions with people moving in and out of the community. They said: ‘We just simply pull them up and have a bit of a chat to them. We can search their cars. We can ensure that they are not bringing drugs, alcohol or other substances in the community, and they are generally good guys.’</p><p>As the government well knows, since the intervention became law there have been a raft of significant legislative changes in the Northern Territory in regard to the movement of alcohol in the prescribed areas. You can run out terms like ‘draconian’ but, whatever they are, there is now legislation that gives the police the right to stop anybody and search the car—and they do. I was pulled up the other day—</p> <p class="speaker">Trish Crossin</p><p>Do you think they’re draconian, Senator?</p> <p class="speaker">Nigel Scullion</p><p>No, I do not. That is one term that has been used, but I think they are very significant laws.</p> <p class="speaker">Trish Crossin</p><p><i>Senator Crossin interjecting—</i></p> <p class="speaker">Nigel Scullion</p><p>I absolutely think they are needed, Senator Crossin. But they are laws that mean the permit system is no longer required. People like Senator Crossin say that you absolutely need the permit system so you can pull cars over. What I am saying is that significant legislation has been put in place that does just that. It gives the police powers not only to pull over people and ask, ‘Hi, how are you going—do you have a permit?’ but also to question people and to search the vehicle. I was pulled over the other day. I went out to have a look at a tree and a rock, as you do when you are in Alice Springs of an evening. On my return to Alice Springs the police stopped my car. They searched my car for alcohol and went right through the car—</p> <p class="speaker">Glenn Sterle</p><p><i>Senator Sterle interjecting—</i></p> <p class='motion-notice motion-notice-truncated'>Long debate text truncated.</p>
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