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STATES GRANTS (TERTIARY EDUCATION ASSISTANCE) BILL 1981

And the Senate proceeding to the calling on of Government Business, Order of the Day No. 1 (States Grants (Tertiary Education Assistance) Bill 1981)--

Suspension of Standing Orders: Senator Button, pursuant to contingent notice, moved--

That so much of the Standing Orders be suspended as would prevent Senator Button moving the following motion:

That the Senate declares that it is in accordance with the Constitution for the Senate to amend the States Grants (Tertiary Education Assistance) Bill 1981 by rejecting clause 6 of the Bill, and by leaving out other provisions of the Bill relating to the power of the Minister to make determinations under clause 6, or alternatively for the Senate to amend clause 6 of the Bill by requiring that any instrument signed by the Minister thereunder be approved by resolution of both Houses of the Parliament.

Debate ensued.

Question--put.

The Senate divided--

AYES, 31

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

NOES, 29

Archer Martin Baume Martyr Bjelke-Petersen Messner Bonner Missen Carrick Ray, Peter Chaney Reid Collard Scott Crichton-Browne Teague Guilfoyle, Townley Dame Margaret Walters Hamer Watson Hill Withers Jessop Young Lajovic Lewis Teller: MacGibbon Kilgariff

And so it was resolved in the affirmative.

Senator Button moved--That the Senate declares that it is in accordance with the Constitution for the Senate to amend the States Grants (Tertiary Education Assistance) Bill 1981 by rejecting clause 6 of the Bill, and by leaving out other provisions of the Bill relating to the power of the Minister to make determinations under clause 6, or alternatively for the Senate to amend clause 6 of the Bill by requiring that any instrument signed by the Minister thereunder be approved by resolution of both Houses of the Parliament.

Debate ensued.

Senator Harradine moved an amendment, viz: At end of motion, add--'', or alter- natively for the Senate to divide the Bill so as to incorporate in a separate Bill the provisions relating to the imposition of certain fees by tertiary institutions''.

Debate ensued.

Question--That the words proposed to be added be added--put.

The Senate divided--

AYES, 30

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

NOES, 28

Senator-- Senator-- Archer MacGibbon Baume Martin Bjelke-Petersen Martyr Bonner Messner Carrick Missen Chaney Reid Collard Scott Crichton-Browne Teague Guilfoyle, Townley Dame Margaret Walters Hamer Watson Hill Withers Jessop Young Lajovic Teller: Lewis Kilgariff

Amendment agreed to accordingly.

Motion as amended--put and passed.

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

In the Committee

Clauses 1 to 5, by leave, taken together and agreed to.

Clause 6 read--

Senator Macklin moved an amendment, viz:

Page 11, clause 6, after sub-clause (6), insert the following sub-clause:

""(6A) (a) An instrument signed by the Minister under this section shall be laid before each House of the Parliament within 5 sitting days of that House after the signing of the instrument.

(b) Any instrument which is not laid before each House of the Parliament in accordance with paragraph (a) shall be void and of no

effect.

(c) An instrument laid before each House of the Parliament in

accordance with paragraph (a) shall be deemed to have been

revoked at the expiration of 10 days after the instrument has been laid before both Houses of the Parliament unless each House of the Parliament has by resolution declared that the instrument is approved.''.

Debate ensued.

And it being ten-thirty p.m.: The Chairman of Committees (Senator McClelland), under Sessional Order, put the Question--That he do leave the Chair and report to the Senate.

Question--put and passed.

The President resumed the Chair; and Senator McClelland reported accordingly.