The majority voted in favour of a motion introduced by Tasmanian Senator Wendy Askew (Liberal) on behalf of NSW Senator Andrew Bragg (Liberal), which means it was successful.

Motion text

That the Senate—

(a) notes that:

(i) order for production of documents no. 52 (the order) agreed by the Senate on 25 October 2022, requiring the Minister representing the Assistant Treasurer to table any briefing notes, file notes and emails received by the Assistant Treasurer from superannuation industry representatives in relation to changes to the superannuation industry payment disclosure requirements, has not been complied with, and

(ii) the Assistant Treasurer, in his response to the order, made a claim of public interest immunity on the basis of privacy, citing concerns individuals and organisations have a reasonable expectation that representations made to the minister are not put on the public record without proper consent and consultation;

(b) rejects the public interest immunity claim made by the Assistant Treasurer on the grounds of privacy, noting that:

(i) claims that information has been collected on the condition that it would be treated as confidential, and therefore cannot be disclosed, is not in itself a ground for a public interest immunity claim,

(ii) it must be established that some harm may occur because of the disclosure of the information sought by the order, and

(iii) any specific harm could be overcome by disclosing information in general terms without the identity of those to whom it relates; and

(c) requires the Minister representing the Assistant Treasurer to comply with the order by no later than midday on 28 November 2022.

The majority voted against an amendment to the usual second reading motion, which is "that the bill be read a second time" - parliamentary jargon for agreeing with the main idea of the bill. If it had been successful, the amendment would have added the words below.

Motion text

At the end of the motion, add ", but the Senate:

(a) is of the opinion that:

(i) building a circular economy is a key component of climate action,

(ii) decommissioning of infrastructure must be undertaken in a way that is environmentally sustainable, and

(iii) the technology to recycle and reuse the components of wind turbines exists now; and

(b) calls on the Government to:

(i) develop robust regulations for the safe and sustainable decommissioning of offshore wind turbine infrastructure, and

(ii) ensure that future regulations prevent the decommissioning of wind turbine infrastructure to landfill".

The majority voted against amendments introduced by South Australian Senator Barbara Pocock (Greens), which means they failed.

What did these amendments do?

During her second reading speech, Senator Pocock explained that the amendments were introduced:

... to increase the spending cap from $200 million to $300 million a year and to require the Future Fund in its management of the Disaster Ready Fund to ensure that the fund is not invested in fossil fuels. It's a rich irony which cannot be lost on so many Australians that the Disaster Ready Fund is invested in the very same coal, gas and oil companies whose activities are causing the climate emergencies that the fund has been set up to mitigate.

Amendment text

(1) Schedule 1, page 7 (after line 28), after item 26, insert:

26A Section 4

Insert:

fossil fuel financial asset means a financial asset that relates directly to:

(a) infrastructure that is intended to be used wholly or predominantly for extracting, processing (including refining), transporting or exporting coal, gas or oil; or

(b) a person that operates such infrastructure; or

(c) a related body corporate (within the meaning of the Corporations Act 2001) of a body corporate that operates such infrastructure.

(2) Schedule 1, item 105, page 20 (line 21), omit paragraph 34(1)(c), substitute:

(c) $300 million; or

(3) Schedule 1, page 23 (after line 4), after item 112, insert:

112A After section 36

Insert:

36A Prohibition on investing in fossil fuel financial assets

(1) The Future Fund Board must ensure that no investments of the Disaster Ready Fund are fossil fuel financial assets.

(2) Subsection (1) does not apply in relation to a financial asset to which section 9A (about transitioning investments of the Emergency Response Fund) applies.

(3) However, if a financial asset to which section 9A applies is a fossil fuel financial asset, the Future Fund Board must realise the financial asset as soon as practicable after the commencement of this section.

(4) This section has effect despite any other provision of this Act.

The majority voted against an amendment introduced by Victorian Senator Janet Rice (Greens), which means it failed.

What did this amendment do?

Senator Rice explained that:

This amendment would raise the rate of income support to all income support recipients to $88 a day—to above the poverty line. I know the government is going to say, 'You're just making a political point.' This is not a political point. This is an attempt to improve the lives of millions of Australians who are living in poverty, who are starving, who are suffering from malnutrition, who are suffering from scurvy, who cannot afford to live in a home at the same time as putting food on the table or at the same time as paying their medical bills. We can afford this, and this parliament—this government—should be doing this. While they are not doing this, they are saying, 'We're going to go ahead with the stage 3 tax cuts and give the richest people in our country—the billionaires, the wealthy—$250 billion over the next 10 years.' That's the choice that's being made.

The majority voted in favour of a motion introduced by Queensland Senator Matthew Canavan (LNP), which means it was passed.

Motion text

That, for the purposes of estimates, the Rural and Regional Affairs and Transport Legislation Committee meet on:

(1) Friday, 25 November 2022 from 9 am to 1 pm to examine the following:

(a) Outcome 1, Outcome 2 and Outcome 3 of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts,

(b) Civil Aviation Safety Authority,

(c) Airservices Australia, and

(d) Australian Maritime Safety Authority; and

(2) Friday, 2 December 2022 from 9 am to 12 pm to examine the following:

(a) Outcome 1, Outcome 2 and Outcome 3 of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts,

(b) Northern Australia Infrastructure Facility,

(c) Infrastructure Australia,

(d) National Intermodal Corporation Limited, and

(e) Australian Rail Track Corporation.

The same number of senators voted for and against a motion introduced by South Australian Senator Alex Antic (Liberal), which means it failed.

Motion text

That there be laid on the table by the Minister representing the Minister for Health and Aged Care, by no later than 3 pm on Tuesday, 29 November 2022:

(a) any contractual documents (without redaction) including any schedules, appendices or similar document (without redaction), for the supply, production, distribution or administration of any COVID-19 vaccine in Australia ('the vaccine contracts') executed by or on behalf of the Australian Government and any of the following ('the vaccine producers'):

(i) Pfizer Australia Pty Ltd and/or its parent companies, nominees, agents or subsidiaries,

(ii) AstraZeneca Pty Ltd and/or its parent companies, nominees, agents or subsidiaries,

(iii) Moderna Australia Pty Ltd and/or its parent companies, nominees, agents or subsidiaries, and

(iv) Novavax Inc and/or its parent companies, nominees, agents or subsidiaries;

(b) any other document referenced, referred to or incorporated into any of the vaccine contracts but not included in the contractual document;

(c) any other document evidencing any pre-contractual representations with respect to effectiveness, side effects, fitness for purpose, merchantability, warranties or exclusions of warranty related to the supply, production, distribution or administration of any COVID-19 vaccine in Australia by any of the vaccine producers; and

(d) any other document evidencing any indemnity, guarantee, waiver or release of liability, forbearance to sue or similar enforceable right provided by or on behalf of the Australian Government to any of the vaccine producers with respect to the supply, production, distribution or administration of any COVID-19 vaccine in Australia.

The majority voted in favour of a motion introduced by Queensland Senator Malcolm Roberts, which means it passed and the matters below will be examined by the Procedure Committee.

Motion text

That the following matter be referred to the Procedure Committee for inquiry and report by 31 March 2023:

(1) The appropriate terms to establish a procedure in the standing orders through which:

(a) senators can confidentially and privately review documents subject to an order for production that a Minister believes would be against the public interest to table; and

(b) after the documents have been made available for review, the Senate can reject a Minister's public interest claim against disclosure and order the tabling of the documents.

(2) Whether the procedure in paragraph (1) is appropriate having regard to the balance between the Senate's constitutional power as the house of review, the necessity of senators to be properly informed of sensitive issues to make informed decisions and the protection of the public interest from public disclosure of sensitive information.

The majority voted in favour of a motion introduced by Queensland Senator Anthony Chisholm (Labor), which means it passed.

Motion text

That—

(1) The hours of meeting on Tuesday, 22 November and Thursday, 24 November 2022 be from midday till 9.30 pm and 9 am till 7.30 pm respectively, and the routine of business from 7.30 pm on Tuesday and from 5.30 pm on Thursday be:

(a) government business only; and

(b) adjournment without debate.

(2) Divisions may take place after 6.30 pm on Tuesday, 22 November 2022 and after 5.30 pm on Thursday, 24 November 2022.

(3) The Senate meet on Friday, 25 November and Friday, 2 December 2022.

(4) The hours of meeting on Friday, 25 November 2022 be 9 am till 4 pm, and the routine of business be as follows:

(a) government business only; and

(b) adjournment without debate.

(5) If, by 2 pm on Friday, 25 November 2022, consideration of the following bills has not concluded, the questions on all remaining stages be put without debate:

Family Assistance Legislation Amendment (Cheaper Child Care) Bill 2022

Social Services and Other Legislation Amendment (Workforce Incentive) Bill 2022

Emergency Response Fund Amendment (Disaster Ready Fund) Bill 2022

Social Services and Other Legislation Amendment (Incentivising Pensioners to Downsize) Bill 2022

Treasury Laws Amendment (Electric Car Discount) Bill 2022

Offshore Electricity Infrastructure Legislation Amendment Bill 2022

High Speed Rail Authority Bill 2022

Education Legislation Amendment (2022 Measures No. 1) Bill 2022

Atomic Energy Amendment (Mine Rehabilitation and Closure) Bill 2022

Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022

Customs Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022

Customs Tariff Amendment (India-Australia Economic Cooperation and Trade Agreement Implementation) Bill 2022

Customs Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022

Customs Tariff Amendment (Australia-United Kingdom Free Trade Agreement Implementation) Bill 2022

Treasury Laws Amendment (Australia-India Economic Cooperation and Trade Agreement Implementation) Bill 2022

Narcotic Drugs (Licence Charges) Amendment Bill 2022

Animal Health Australia and Plant Health Australia Funding Legislation Amendment Bill 2022

Maritime Legislation Amendment Bill 2022

Ozone Protection and Synthetic Greenhouse Gas Management Reform (Closing the Hole in the Ozone Layer) Bill 2022

Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Amendment Bill 2022

Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Amendment Bill 2022

Veterans' Affairs Legislation Amendment (Budget Measures) Bill 2022

Defence Home Ownership Assistance Scheme Amendment Bill 2022

Broadcasting Services Amendment (Community Radio) Bill 2022;

Biosecurity Amendment (Strengthening Biosecurity) Bill 2022.

(6) Paragraph (5) operate as a limitation of debate under standing order 142.

(7) The Senate adjourn without debate after consideration of the bills has concluded.

(8) The hours of meeting on Friday, 2 December 2022 be 9 am till adjournment, and the routine of business be as follows:

(a) government business only, followed by consideration of the Restoring Territory Rights Bill 2022;

(b) adjournment without debate after consideration of the Restoring Territory Rights Bill 2022 has concluded, or on the motion of a minister, whichever is earlier.

The majority voted in favour of a motion that part 2 of schedule 4 remain as it is (in other words, that it stand as printed). This motion took place after Queensland Senator Malcolm Roberts (One Nation) moved that it should be opposed.

What is part 2 of schedule 4?

Part 2 — Electronic transfer of gap fees

A New Tax System (Family Assistance) (Administration) Act 1999

5 Subsection 201B(1)

Omit “must take”, substitute “must, subject to subsections (1A) and (1B), take”.

6 Subsection 201B(1)

After “pays the provider”, insert “, using an electronic funds transfer system,”.

7 After subsection 201B(1)

Insert:

Exceptions to requirement to pay fees using an electronic funds transfer system

(1A) The Secretary may decide that a particular individual is not to be required to pay the provider an amount required under subsection (1) using an electronic funds transfer system if the Secretary is satisfied that circumstances prescribed by the Minister’s rules exist in relation to the individual.

(1B) If the Secretary is satisfied that exceptional circumstances exist in relation to a particular child care service, the Secretary may direct that all, or a part, of the amount that is to be paid by an individual to the provider of the service under subsection (1) is not required to be paid using an electronic funds transfer system.

(1C) A direction under subsection (1B) is not a legislative instrument.