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CRIMES (CURRENCY) BILL 1981

The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

In the Committee

Bill, by leave, taken as a whole.

Senator Evans, by leave, moved the following amendments to clause 29 together:

Page 14, sub-clause (2), line 12, leave out ""without warrant'', insert ""in accordance with sub-section (3A)''.

Page 14, sub-clause (3), line 15, leave out ""without warrant'', insert ""in accordance with sub-section (3A)''.

Page 14, after sub-clause (3), insert the following new sub-clause:

""(3A) A constable or Officer of Customs may seize an article pursuant to sub-section (2) or (3) if, and only if--

(a) he acts in pursuance of a warrant properly issued by a judge or magistrate; or

(b) he believes on reasonable grounds that it is necessary to act without the authority of a warrant in order to prevent the loss or destruction of the article.''.

Debate ensued.

Question--That the amendments be agreed to--put.

The Committee divided--

AYES, 28

Senator-- Senator-- Bolkus McClelland Button McIntosh Childs Macklin Coates Mason Coleman Mulvihill Colston Primmer Elstob Ray, Robert Evans Ryan Foreman Sibraa Georges Siddons Gietzelt Tate Giles Walsh Haines Hearn Teller: Jones Robertson

NOES, 28

Senator-- Senator-- Archer MacGibbon Baume Martyr Bjelke-Petersen Messner Bonner Missen Carrick Rae, Peter Chaney Reid Collard Scott Durack Teague Guilfoyle, Thomas Dame Margaret Townley Hamer Walters Harradine Watson Jessop Young Lajovic Teller: Lewis Kilgariff

The Ayes and Noes being equal, amendments negatived accordingly.

Bill to be reported without amendment.

The President resumed the Chair; and the Temporary Chairman of Committees (Senator Georges) reported accordingly.

On the motion of the Attorney-General (Senator Durack) the Report from the Committee was adopted, and the Bill read a third time.

And General Business taking precedence of Government Business after eight p.m.