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WORLD HERITAGE PROPERTIES PROTECTION BILL 1982

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

In the Committee

Consideration resumed of the motion moved by Senator Lewis-That clause 1 be postponed.

And it being seven 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.

The Committee divided-

AYES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

NOES, 28

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

And so it was negatived.

Debate continued.

Senator Harradine moved-That the Chairman of Committees (Senator McClelland) do report progress and ask leave to sit again.

Question-put.

The Committee divided-

AYES, 23

Senators- Archer Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

NOES, 27

Senators- Bolkus Childs Chipp Coates Coleman Colston Elstob Evans Foreman Georges Gietzelt Giles Grimes Haines McClelland McIntosh Macklin Mason Missen Mulvihill Primmer Ray, Robert Ryan Siddons Tate Walsh Teller: Senator Robertson

And so it was negatived.

Debate continued.

Closure: The Leader of the Opposition in the Senate (Senator Button) moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 28

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

NOES, 23

Senators- Archer Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was resolved in the affirmative.

Question-That clause 1 be postponed-put.

The Committee divided-

AYES, 23

Senators- Archer Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

NOES, 28

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

And so it was negatived.

Clause 1 agreed to.

Clause 2 agreed to.

Clause 3 debated-

Closure: Senator Ryan moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 28

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

NOES, 23

Senators- Archer Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was resolved in the affirmative.

Question-That clause 3 stand as printed-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was resolved in the affirmative.

Clause 3 agreed to accordingly.

Clause 4 debated-

Closure: Senator Ryan moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was resolved in the affirmative.

Question-That clause 4 stand as printed-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Lajovic Lewis MacGibbon Martyr Messner Reid Scott Thomas Townley Walters Watson Withers Young Teller: Senator Kilgariff

And so it was resolved in the affirmative.

Clause 4 agreed to accordingly.

Clause 5 debated- Closure: Senator Evans moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

And so it was resolved in the affirmative.

Question-That clause 5 stand as printed-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

And so it was resolved in the affirmative.

Clause 5 agreed to accordingly.

Clause 6 read- Senator Ryan moved an amendment, viz: Page 4, at end of clause, add the following new sub-clause: ''(2) Nothing in this section shall render it unlawful for a person to do any act or take any action which is expressly or impliedly authorized by a zoning plan that has come into operation under the provisions of the Great Barrier Reef Marine Park Act 1975 or a plan of management in force under the provisions of the National Parks and Wildlife Conservation Act 1975, or any such zoning plan or management plan as may be provided under a law of the Commonwealth, including a law in respect of South West Tasmania.''.

Debate ensued.

Senator Harradine, by leave, moved the following amendments to Senator Ryan's proposed amendment together: Proposed new sub-clause 6 (2), after ''has come into operation'', insert ''at the commencement of this Act''.

Proposed new sub-clause 6 (2), after ''in force'', insert ''at the commencement of this Act''.

Debate ensued.

Question-That the amendments to Senator Ryan's proposed amendment (Senator Harradine's) be agreed to-put and negatived.

Amendments negatived accordingly.

Senator Harradine moved a further amendment to Senator Ryan's proposed amendment , viz: Proposed new sub-clause 6 (2), leave out ''the Commonwealth, including a law in respect of South West Tasmania'', insert ''a State after consultation between that State and the Commonwealth''.

Debate ensued.

Closure: Senator Ryan moved-That the Question be now put.

Question-That the Question be now put-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

And so it was resolved in the affirmative.

Question-That the words proposed to be left out be left out (Senator Harradine's amendment to Senator Ryan's proposed amendment)-put.

The Committee divided-

AYES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

NOES, 28

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

Amendment (Senator Harradine's) negatived accordingly.

Question-That the words proposed to be added be added (Senator Ryan's amendment )-put and passed.

Clause 6, as amended, agreed to.

Clause 7 read- Senator Harradine moved an amendment, viz: Page 4, sub-clause (1) , after ''Any person'', insert ''who is normally resident in Australia''.

Question-That the words proposed to be inserted be inserted-put and passed.

Senator Ryan moved an amendment, viz: Page 4, after sub-clause (1), insert the following new sub-clause: ''(1A) If the Minister believes, on reasonable grounds , that a breach of this Act has taken, is taking, or will take, place, he shall, as soon as practicable, bring proceedings in the Court for- (a) an order declaring that such act, proposed act, any action or any proposed action is a breach of this Act; and

(b) an order to remedy or restrain a breach of this Act.''.

Question-That the words proposed to be inserted be inserted-put and passed.

Senator Harradine, by leave, moved the following amendments together: Page 4, sub-clause (2), at end of sub-clause, add '', except the power to punish contempts under section 31 of that Act''.

Page 4, after sub-clause (2), add the following new sub-clause: ''(3) A person who fails to comply with an order of the Court made under sub-section (2) shall be guilty of an offence.

Penalty: $100.''.

Debate ensued.

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

Question-That clause 7, as amended, be agreed to-put.

The Committee divided-

AYES, 28

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

NOES, 24

Senators- Archer Baume Bjelke-Petersen Bonner Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

And so it was resolved in the affirmative.

Clause 7, as amended, agreed to accordingly.

Clause 8 debated and agreed to, Senator Crichton-Browne having recorded his dissent, pursuant to Standing Order 168.

Remainder of Bill, by leave, taken as a whole, debated and agreed to.

Bill to be reported with amendments.

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

Leave refused: Senator Mason sought leave to move a motion for the adoption of the Report from the Committee.

Objection being raised, leave not granted.

Proposed Suspension of Standing Orders: The Leader of the Australian Democrats (Senator Chipp), pursuant to Standing Order 448 moved-That so much of the Standing Orders be suspended as would prevent Senator Mason moving motions for the adoption of the Report from the Committee and the third reading of the Bill forthwith.

Debate ensued.

Question-put.

The Senate divided-

AYES, 29

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

NOES, 23

Senators- Archer Baume Bjelke-Petersen Carrick, Sir John Chaney Crichton-Browne Hamer Harradine Jessop Kilgariff Lajovic Lewis MacGibbon Martyr Messner Scott Thomas Townley Walters Watson Withers Young Teller: Senator Reid

The President announced the result of the Division and stated that, there not being an absolute majority of the whole number of Senators in favour of the motion, as required by Standing Order 448, the motion was not carried.

Senator Mason moved-That the adoption of the Report from the Committee of the Whole be an Order of the Day for the next day of sitting.

Question-put and passed.