The majority voted against a motion introduced by West Australian Senator Jordon Steele-John (Greens), which means it failed.

Motion text

GENERAL BUSINESS NOTICE OF MOTION NO. 127

That there be laid on the table by the Minister representing the Minister for Defence, by no later than Thursday, 9 of February 2023:

(a) advice provided to the Governor-General in relation to Australia's decision to deploy members of the Australian Defence Force (ADF) into Iraq in March 2003;

(b) advice provided to the Prime Minister in relation to Australia's decision to deploy members of the ADF into Iraq in March 2003;

(c) correspondence with the United States Embassy, the United States Department of State and the United States Department of Defence in relation to decision making to enter Iraq in 2003; and

(d) all instructions given by the Minister for Defence to senior Department of Defence officials and heads of service in relation to general control and administration of the ADF in 2003.

GENERAL BUSINESS NOTICE OF MOTION NO. 128

That there be laid on the table by the Minister representing the Attorney-General, by no later than Thursday, 9 February 2023:

(a) advice provided to the Governor-General in relation to Australia's decision to deploy members of the Australian Defence Force (ADF) into Iraq in March 2003; and

(b) advice provided to the Federal Executive Council in relation to Australia's decision to deploy members of the ADF into Iraq in March 2003.

The majority voted in favour of a motion introduced by Queensland Senator Penny Allman-Payne (Greens), which means it passed.

Motion text

That the Senate

(a) notes that:

(i) order for production of documents no. 69 (the order) agreed by the Senate on 27 October 2022, requiring the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to table documents in relation to The Gabba Stadium project and impacts on East Brisbane State School has not been complied with,

(ii) the Minister for Infrastructure, Transport, Regional Development and Local Government, in their response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future infrastructure arrangements;

(iii) on 24 November 2022, the Senate rejected the public interest immunity claim made by the Minister for Infrastructure, Transport, Regional Development and Local Government,

(iv) on 29 November 2022, the Minister for Infrastructure, Transport, Regional Development and Local Government maintained the same public interest immunity claim which was rejected by the Senate,

(v) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(vi) no such agreement has been sought, nor has the Senate been advised of any objections from the Queensland Government;

(b) requires the Minister representing the Minister for Infrastructure, Transport, Regional Development and Local Government to attend the chamber immediately prior to proposals being considered under standing order 75 on 8 February 2023, to provide an explanation, of no more than 5 minutes, of the failure to comply with the order, and why the Government has not complied with the motion (no. 92) concerning compliance with the order, which states 'the public has a right to know the details of, and deliberations on, infrastructure projects such as the Gabba Stadium project and impacts on surrounding infrastructure';

(c) any senator may move to take note of the explanation required by paragraph (b); and

(d) any motion under paragraph (c) may be debated for no longer than 30 minutes, shall have precedence over all business until determined, and senators may speak to the motion for not more than 10 minutes each.

The majority voted in favour of a motion introduced by Victorian Senator Jane Hume (Liberal), which means it passed.

Motion text

That there be laid on the table by the Minister for Finance, by no later than midday on Wednesday, 8 February 2023:

(a) a copy of the current Budget Process Operational Rules (BPORs) used on the formation of the 2023-24 Budget;

(b) any briefings, minutes or advice provided to the Minister for Finance by the Department of Finance relating to the BPORs and amendments to the BPORs since 18 June 2022; and

(c) any letter, email, communique or other document that accompanied the BPORs when they were issued after 17 June 2022 as advice to agencies.

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. Had it been successful, this amendment would have added the following words:

At the end of the motion, add “, but the Senate calls on the Government to abandon the inflationary Morrison Government stage 3 tax cuts for billionaires and the ultrawealthy, and instead raise income support payments above the poverty line”

The majority voted in favour of a motion to pass the bill. In parliamentary jargon, they voted to read the bill for a third time.

What does the bill do?

The bill was put through parliament so quickly that the parliamentary library has not had time to summarise what it does. The explanatory memorandum - which is prepared by the Government, who introduced the bill - describes it like this:

Schedule 1 to the Bill inserts Part IVBB into the CCA [Competition and Consumer Act 2010] to create an overarching framework to enable the Government to regulate the gas market. Two kinds of legislative instruments will underpin the new framework; gas market codes and gas market emergency price orders. These instruments are collectively referred to as gas market instruments.

First, the Governor-General may, through regulations, make gas market codes. Gas market codes may prescribe a broad range of matters relating to the supply and acquisition of gas commodities, including:

• regulating dealings between persons who supply or acquire a gas commodity, including negotiations between them; and

• dealing with and resolving disputes or complaints between persons who supply or acquire a gas commodity.

Second, the Minister may make gas market emergency price orders regulating the terms on which gas commodities are supplied or acquired, specifically including price. A gas market emergency price order is designed to provide short-term relief from the current energy crisis. The Minister’s power to make gas market emergency price orders sunsets 12 months after the commencement of any order, or 12 months after commencement of the enabling provision in Schedule 1 to the Bill if no order is made. The Minister must consult the ACCC [Australian Competition and Consumer Commission] prior to making a gas market emergency price order, and an order is automatically repealed after 12 months. Gas market emergency price orders provide the basis for emergency price regulation of gas, primarily to reduce domestic prices and address the current energy crisis.

Schedule 1 to the Bill includes a range of mechanisms that are aimed at detecting, deterring and addressing non-compliance with Part IVBB and gas market instruments. The ACCC has the power to require the production of certain information and documents, investigate suspected non-compliance and utilise a range of sanctions that are appropriate and proportionate to the non-compliance.

The consequences of contravening relevant provisions of Part IVBB or a gas market instrument include civil penalties, infringement notices, warning notices and orders under Part VI.

Schedule 1 to the Bill prohibits avoidance schemes that are designed to avoid the application of a civil penalty provision of a gas market instrument.

The majority voted against an opposition amendment, which means it failed. It was an amendment to a motion "that the remaining stages of the bill be agreed to and that the bill be now passed."

Amendment text

At the end of the motion, add ", and that paragraph (1) of the resolution of appointment of the Select Committee on Cost of Living be amended as follows:

(1) That a select committee, to be known as the Select Committee on the Cost of Living, be established to inquire into and report on:

(a) the cost of living pressures facing Australians;

(b) the Government's fiscal policy response to the cost of living;

(c) ways to ease cost of living pressures through the tax and transfer system;

(d) measures to ease the cost of living through the provision of Government services;

(e) the impact of the passage of the Treasury Laws Amendment (Energy Price Relief Plan) Bill 2022 on:

(i) energy markets,

(ii) wholesale and retail energy prices or bills, and

(iii) the Consumer Price Index; and

(f) any other related matter".

The majority voted against an opposition amendment to the bill, which means it failed.

Motion text

(1) Title, page 1 (lines 1 and 2), omit the title, substitute:

A Bill for an Act to amend the Federal Financial Relations Act 2009 , and for related purposes

The majority voted in favour of a motion to keep schedule 1 of the bill unchanged. This vote occurred after the Opposition proposed to remove that schedule.

What does schedule 1 do?

The explanatory memorandum - which is prepared by the Government, who introduced the bill - describes it like this:

Schedule 1 to the Bill inserts Part IVBB into the CCA [Competition and Consumer Act 2010] to create an overarching framework to enable the Government to regulate the gas market. Two kinds of legislative instruments will underpin the new framework; gas market codes and gas market emergency price orders. These instruments are collectively referred to as gas market instruments.

First, the Governor-General may, through regulations, make gas market codes. Gas market codes may prescribe a broad range of matters relating to the supply and acquisition of gas commodities, including:

• regulating dealings between persons who supply or acquire a gas commodity, including negotiations between them; and

• dealing with and resolving disputes or complaints between persons who supply or acquire a gas commodity.

Second, the Minister may make gas market emergency price orders regulating the terms on which gas commodities are supplied or acquired, specifically including price. A gas market emergency price order is designed to provide short-term relief from the current energy crisis. The Minister’s power to make gas market emergency price orders sunsets 12 months after the commencement of any order, or 12 months after commencement of the enabling provision in Schedule 1 to the Bill if no order is made. The Minister must consult the ACCC [Australian Competition and Consumer Commission] prior to making a gas market emergency price order, and an order is automatically repealed after 12 months. Gas market emergency price orders provide the basis for emergency price regulation of gas, primarily to reduce domestic prices and address the current energy crisis.

Schedule 1 to the Bill includes a range of mechanisms that are aimed at detecting, deterring and addressing non-compliance with Part IVBB and gas market instruments. The ACCC has the power to require the production of certain information and documents, investigate suspected non-compliance and utilise a range of sanctions that are appropriate and proportionate to the non-compliance.

The consequences of contravening relevant provisions of Part IVBB or a gas market instrument include civil penalties, infringement notices, warning notices and orders under Part VI.

Schedule 1 to the Bill prohibits avoidance schemes that are designed to avoid the application of a civil penalty provision of a gas market instrument.

The majority voted in favour of a motion to agree with the main idea of the bill - known as giving it a second reading - with a proviso added by amendment. The amendment was introduced by South Australia Senator Anne Ruston (Liberal).

Despite this proviso, this vote is essentially about agreeing with the bill, so we are connecting it to the bill-related policies (that is, our policy on a gas price gap).

Motion text

That this bill be now read a second time, but the Senate:

(a) notes that, the Government has prioritised this bill, at the same time it has halved the number of Medicare subsidised psychology sessions at a time when Australians are facing natural disasters, cost of living pressures and household energy bills are skyrocketing; and

(b) calls on the Government to reverse the cuts to these sessions until such time as Australians have adequate access to Medicare subsidised psychology sessions.

What does the bill do?

The bill was put through parliament so quickly that the parliamentary library has not had time to summarise what it does. The explanatory memorandum - which is prepared by the Government, who introduced the bill - describes it like this:

Schedule 1 to the Bill inserts Part IVBB into the CCA [Competition and Consumer Act 2010] to create an overarching framework to enable the Government to regulate the gas market. Two kinds of legislative instruments will underpin the new framework; gas market codes and gas market emergency price orders. These instruments are collectively referred to as gas market instruments.

First, the Governor-General may, through regulations, make gas market codes. Gas market codes may prescribe a broad range of matters relating to the supply and acquisition of gas commodities, including:

• regulating dealings between persons who supply or acquire a gas commodity, including negotiations between them; and

• dealing with and resolving disputes or complaints between persons who supply or acquire a gas commodity.

Second, the Minister may make gas market emergency price orders regulating the terms on which gas commodities are supplied or acquired, specifically including price. A gas market emergency price order is designed to provide short-term relief from the current energy crisis. The Minister’s power to make gas market emergency price orders sunsets 12 months after the commencement of any order, or 12 months after commencement of the enabling provision in Schedule 1 to the Bill if no order is made. The Minister must consult the ACCC [Australian Competition and Consumer Commission] prior to making a gas market emergency price order, and an order is automatically repealed after 12 months. Gas market emergency price orders provide the basis for emergency price regulation of gas, primarily to reduce domestic prices and address the current energy crisis.

Schedule 1 to the Bill includes a range of mechanisms that are aimed at detecting, deterring and addressing non-compliance with Part IVBB and gas market instruments. The ACCC has the power to require the production of certain information and documents, investigate suspected non-compliance and utilise a range of sanctions that are appropriate and proportionate to the non-compliance.

The consequences of contravening relevant provisions of Part IVBB or a gas market instrument include civil penalties, infringement notices, warning notices and orders under Part VI.

Schedule 1 to the Bill prohibits avoidance schemes that are designed to avoid the application of a civil penalty provision of a gas market instrument.

The majority voted against an amendment that would have added the words below to the usual second reading motion, which is "That this bill be now read a second time" - parliamentary jargon for agreeing with the main idea of the bill. It was introduced by Tasmanian Senator Nick McKim (Greens).

A rebel in Labor?

At the time of writing this, parliamentary data shows that South Australian Penny Wong (Labor) crossed the floor to vote "Yes" against the rest of the Labor Party. As Labor Party senators don't tend to cross the floor, it is very unlikely Senator Wong actually rebelled. This is probably an error in the original data set.

Amendment text

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

(a) notes that:

(i) while this legislation does not include any subsidies to coal corporations, there have been media reports that more than $500 million of coal subsidies are currently under consideration from the Commonwealth and New South Wales Governments, and

(ii) due to the global energy crisis, major coal producers are making billions in windfall profits; and

(b) calls on the Government to reject all new fossil fuel subsidies".