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John Hogg

In respect of the Minerals Resource Rent Tax Bill 2011 the question is that amendments numbers (1) and (2) on revised sheet 7209 circulated by the Australian Greens be agreed to.

The amendment to the Minerals Resource Rent Tax Bill 2011 circulated by the leader of the Australian Greens, Senator Bob Brown, is not in order. It broadens the tax base to include gold and other minerals and therefore imposes taxation within the meaning of section 53 of the Constitution. Section 53 provides:

Proposed laws … imposing taxation, shall not originate in the Senate.

The Minerals Resource Rent Tax Bill 2011 does not itself impose tax, but, by proposing to tax substances that are not currently subject to the tax, the request for further amendment transforms the bill into a bill imposing taxation. According to a ruling of President Calvert in 2003, in similar circumstances, such an amendment may not be moved in the Senate, even as a request, because it is contrary to the Constitution. The amendment is out of order and the question therefore will not be put on it.

Honourable senators interjecting-

Order! Senator Bob Brown is entitled to be heard in silence.

Bob Brown

Mr President, as I put to the Senate earlier in the evening, your ruling on this important amendment-

Ian Macdonald

Is this a point of order or is he just having a chat?

John Hogg

Order!

Bob Brown

I am not going to talk over them.

John Hogg

Is this a point of order?

Bob Brown

It is.

An honourable senator: What standing order?

John Hogg

Order! Senator Brown is entitled to be heard in silence.

Bob Brown

This is a very important point of order. Your ruling is truncating the power-

An honourable senator: Which standing order?

John Hogg

Order!

Bob Brown

Mr President, your ruling is truncating the rights of this Senate under the Constitution to make requests to the House. I can do no other than object to you making this ruling, which goes against the interests of this great Senate vis-a-vis the House of Representatives. I know the numbers to support your ruling are with the old parties, and there is not much I can do about it except object.

John Hogg

Senator Brown, I am not clear on your point of order. Are you-

Senator Bob Brown interjecting-

You are finished; all right.

Eric Abetz

What did he ask for a ruling on?

John Hogg

Order! I have given the ruling based on former President Calvert's ruling in 2003, and that is where the matter now rests. The question now is-

Votes Not passed by a large majority

Nobody rebelled against their party.

Party Votes
Australian Greens (100% turnout) 9 Yes 0 No
Bob Brown Tasmania Yes
Richard Di Natale Victoria Yes
Sarah Hanson-Young SA Yes
Scott Ludlam WA Yes
Christine Milne Tasmania Yes
Lee Rhiannon NSW Yes
Rachel Siewert WA Yes
Larissa Waters Queensland Yes
Penny Wright SA Yes
Australian Labor Party (87% turnout) 0 Yes 26 No
Catryna Bilyk Tasmania No
Mark Bishop WA No
Carol Brown Tasmania No
Doug Cameron NSW No
Kim Carr Victoria No
Trish Crossin NT No
Chris Evans WA No
Don Farrell SA No
John Faulkner NSW No
David Feeney Victoria No
Mark Furner Queensland No
Alex Gallacher SA No
Joe Ludwig Queensland No
Kate Lundy ACT No
Gavin Marshall Victoria No
Anne McEwen SA No
Claire Moore Queensland No
Helen Polley Tasmania No
Louise Pratt WA No
Nick Sherry Tasmania No
Lisa Singh Tasmania No
Ursula Stephens NSW No
Glenn Sterle WA No
Matt Thistlethwaite NSW No
Anne Urquhart Tasmania No
Penny Wong SA No
Bob Carr NSW Absent
Jacinta Collins Victoria Absent
Stephen Conroy Victoria Absent
Jan McLucas Queensland Absent
Nigel Scullion NT Country Liberal Party No
John Madigan Victoria Democratic Labor Party No
Stephen Parry Tasmania Deputy President No
Nick Xenophon SA Independent No
Liberal Party (85% turnout) 0 Yes 23 No
Eric Abetz Tasmania No
Christopher Back WA No
Cory Bernardi SA No
Simon Birmingham SA No
Sue Boyce Queensland No
George Brandis Queensland No
David Bushby Tasmania No
Michaelia Cash WA No
Richard Colbeck Tasmania No
Mathias Cormann WA No
Sean Edwards SA No
Alan Eggleston WA No
David Fawcett SA No
Concetta Fierravanti-Wells NSW No
Mitch Fifield Victoria No
Mary Fisher SA No
David Johnston WA No
Helen Kroger Victoria No
Ian Macdonald Queensland No
Brett Mason Queensland No
Marise Payne NSW No
Michael Ronaldson Victoria No
Scott Ryan Victoria No
Judith Adams WA Absent
Bill Heffernan NSW Absent
Gary Humphries ACT Absent
Arthur Sinodinos NSW Absent
National Party (80% turnout) 0 Yes 4 No
Ron Boswell Queensland No
Barnaby Joyce Queensland No
Bridget McKenzie Victoria No
Fiona Nash NSW No
John Williams NSW Absent
John Hogg Queensland President No
Totals (88% turnout) 9 Yes – 58 No