Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document

ROYAL COMMISSIONS AMENDMENT BILL 1982

Order of the Day read for the adjourned debate on the Question-That this Bill be now read a second time.

Question-put and passed.

Bill read a second time.

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

In the Committee

Clause 1 to 3, by leave, taken together and agreed to.

Clause 4 read- Senator Evans moved an amendment, viz: Page 4, proposed new sub- section 4 (5), leave out the sub-section.

Debate ensued.

Question-That the words proposed to be left out be left out-put and negatived.

Clause 4 agreed to.

Clauses 5 to 7, by leave, taken together, debated and agreed to.

Clause 8 debated- Question-That clause 8 stand as printed-put.

The Committee divided-

AYES, 26

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

NOES, 28

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

And so it was negatived.

Clause 8 negatived accordingly.

Clauses 9 to 12, by leave, taken together and agreed to.

Clause 13 read- Senator Evans moved an amendment, viz: Page 7, proposed new sub -section 6H (2), line 40, after ''5 years'', insert ''or by a fine not exceeding $20,000''.

Debate ensued.

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

Clause 13, as amended, agreed to.

Clause 14 read- Senator Evans moved an amendment, viz: Page 8, proposed sub- section 6K (2), line 21, after ''2 years'', insert ''or by a fine not exceeding $10,000''.

Debate ensued.

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

Clause 14, as amended, agreed to.

The Leader of the Australian Democrats (Senator Chipp) moved an amendment, viz: Page 8, after clause 14, insert the following new clause: ''14A. The Principal Act is amended by adding after section 6N the following section: '6NA. (1) Where a person suffers loss, damage or injury as a result of that person having appeared as a witness before a Royal Commission, or having provided information or evidence to a Royal Commission, the Commonwealth is liable to pay compensation to that person.

'(2) The amount of the compensation to be paid to a person by the Commonwealth under sub-section (1) shall be such amount as is agreed between them or, in default of agreement, as is determined by a court of competent jurisdiction to be just.

'(3) The costs of and incidental to proceedings in a court under this section shall be paid by the Commonwealth, unless the court is satisfied that the institution of proceedings was vexatious or frivolous.'.''.

Debate ensued.

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

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

Bill to be reported with amendments.

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

On the motion of the Minister for Social Security (Senator Chaney) the Report from the Committee was adopted, and the Bill read a third time.