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Thursday, 24 June 2004
Page: 25079


Senator IAN CAMPBELL (Minister for Local Government, Territories and Roads) (7:41 PM) —We have found a way to deal with this sensibly and, for the guidance of senators who have sheet QU266 in front of them, that is to make schedule 3 to commence at the beginning of what we know as amendment (2). That will become amendment (2A), so the new government amendment (2A) will include schedules 3 and 4. This takes you through to page 9 of QU266. Schedule 5 will then become new government amendment (2B). That literally splits the government amendment (2) into two parts, the first of which, amendment (2A), will include schedules 3 and 4. Schedule 5 will therefore become amendment (2B), which I now move:

(2B) Page 8 (after line 5), at the end of the bill, add:

Schedule 5—Disqualification from office of person serving suspended sentence

Part 1—Amendments

Workplace Relations Act 1996

                    (i)    the person has served, or is serving, a term of imprisonment for the offence; or

                   (ii)    the sentence is suspended for a period.

         (ii)     the person was refused leave to hold office in organisations but, under paragraph 216(2)(b) or 217(2)(b), the Federal Court specified a reduced exclusion period, and that period has elapsed; or

                            (i)   has been convicted of a prescribed offence; or

                           (ii)   has been released from prison after serving a term of imprisonment in relation to a conviction for a prescribed offence; or

                          (iii)   has completed a suspended sentence in relation to a conviction for a prescribed offence;

may, subject to subsection (4), apply to the Federal Court for leave to hold office in organisations.

                    (i)    the day on which the person was convicted of the prescribed offence;

                   (ii)    if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;

                  (iii)    if the person serves a term of imprisonment for the offence—the day on which the person is released from prison.

                    (i)    the day on which the person was convicted of the prescribed offence;

                   (ii)    if the person was sentenced to a term of imprisonment for the offence, the sentence was suspended for a period, and the person is not imprisoned for the offence during the period—the day immediately after the end of the period;

                  (iii)    if the person serves a term of imprisonment for the offence—the day on which the person is released from prison.

Part 2—Application, transitional and savings provisions

         (1)     This item applies where:

         (2)     Despite subsection 215(2) of Schedule 1B to the Principal Act:

         (3)     Despite subsection 217(1) of Schedule 1B to the Principal Act, the person may, subject to subsection 217(4) of that Schedule, within 28 days after the commencement of Part 1 of this Schedule, apply to the Federal Court under section 217 of that Schedule for leave to hold office in organisations.

         (1)     If, before the commencement of Part 1 of this Schedule, a person makes an application to the Federal Court under section 216 of Schedule 1B to the Principal Act, that application is to be dealt with as if that Schedule had not been amended by Part 1 of this Schedule.

         (2)     If:

      (1)     If, before the commencement of Part 1 of this Schedule, a person makes an application to the Federal Court under section 217 of Schedule 1B to the Principal Act, that application is to be dealt with as if Schedule 1B to the Principal Act had not been amended by that Part.

         (2)     If: