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CONSTITUTION ALTERATION (ADVISORY JURISDICTION OF HIGH COURT) BILL 1983

Order of the Day read for the adjourned debate on the motion of the Attorney-General (Senator Gareth Evans)-That this Bill be now read a second time.

Debate resumed.

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

Bill, by leave, taken as a whole.

On the motion of Senator Gareth Evans the following amendments were, by leave, taken together and agreed to: Page 1, clause 2, line 11, after ''validity of'', insert ''a provision or provisions of''.

Page 1, clause 2, line 12, after ''validity if enacted, of'', insert ''a provision or provisions of''.

Page 2, clause 2, line 13, after ''Administrator of a'', insert ''self-governing''.

Page 2, clause 2, line 16, after ''validity of'', insert ''a provision or provisions of''.

Page 2, clause 2, line 17, after ''validity, if enacted, of'', insert ''a provision or provisions of''.

Page 2, clause 2, line 29, after ''Administrator of a'', insert ''self-governing''.

Page 2, clause 2, line 43, after ''in relation to a'', insert ''self-governing''.

Page 3, clause 2, line 3, leave out ''in relation to a Territory, means the authority'', insert ''in relation to a self-governing Territory, means the body''.

Page 3, clause 2, line 8, leave out the definition of ''Territory'', insert the following definition: '' 'self-governing Territory' means a territory referred to in section 122 of the Constitution, where, apart from the powers of the Parliament under that section, the power to make laws for the peace, order and good government of the territory is exclusively vested in a body the members of which are directly chosen by the people of the territory;''.

On the motion of Senator Durack the following amendment was debated and agreed to: Page 2, clause 2, after proposed sub-paragraph 77A (4) (a) (ii), insert the following sub-paragraph: ''(iiA) any person who, in the opinion of the Court, has sufficient interest in the determination of the question;''.

Senator Hill moved an amendment, viz: Page 3, clause 2, proposed sub-section 77A (7), definition of ''proposed enactment'', lines 6 and 7, leave out the definition, insert the following definition: '' 'proposed enactment' means- (a) in relation to the Parliament of the Commonwealth or of a State-a proposed enactment in the form in which it has been passed by both Houses of the Parliament concerned, or the House of the Parliament concerned, as the case may be, but which has not received the Queen's assent at the time of the reference;

(b) in relation to a self-governing Territory-a proposed enactment which has been passed by the body the members of which are directly chosen by the people of the territory, but which has not received the assent of the Administrator or the Governor-General, as the case may be, at the time of the reference;''.

Debate ensued.

Ordered-That the Chairman of Committees (Senator Hamer) report progress and ask leave to sit again.

The Acting Deputy-President (Senator Townley) resumed the Chair; and Senator Hamer reported that the Committee had considered the Bill, made progress, and asked leave to sit again.

Ordered-That the Committee have leave to sit again on the next day of sitting.