edited
7th Oct 2014
Minerals Resource Rent Tax Bill 2011 and related bills - Second Reading - Adjourn debate
Not passed by a small majority
No rebellions 95% attendance
19th Mar 2012, 10:04 PM – Senate Bills - Minerals Resource Rent Tax Bill 2011 and related bills; Second Reading
Summary
EditJohn 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 |
Turnout is the percentage of members eligible to vote that did vote.