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CONSTITUTION ALTERATION (ADVISORY JURISDICTION OF HIGH COURT) BILL 1983

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

In the Committee

Consideration resumed of the Bill and of the amendment moved thereto by Senator Hill, 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;''.

Amendment, by leave, withdrawn.

On the motion, by leave, of the Attorney-General (Senator Gareth Evans), the following amendment was agreed to: Page 3, clause 2, proposed definition of ''self-governing Territory'', after ''Parliament'', leave out ''under that section''.

On the motion of Senator Hill the following amendment was debated and agreed to:

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'- (a) where that expression is used in paragraph (a) of sub-section (1), and paragraph (a) of sub-section (2), of this section, means- (i) in relation to the Parliament of the Commonwealth or of a State-a proposed enactment in the form in which it has been agreed to by both Houses of the Parliament concerned or, in the case of a Parliament that has only one House, in the form in which it has been passed by that House; or

(ii) in relation to the Parliament of a self-governing Territory-a proposed enactment that has been passed by the body constituting that Parliament; and

(b) where that expression is used in paragraph (b) of sub-section (2) of this section, means a proposed enactment in the form in which it is before the Parliament concerned at the time of the reference;''.

Bill, as amended, agreed to.

Bill to be reported with amendments.

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

On the motion of Senator Gareth Evans the Report from the Committee was adopted.

Senator Gareth Evans moved-That this Bill be now read a third time.

Question-put.

The Senate divided

AYES, 45

Senators- Baume Bolkus Button Carrick, Sir John Chaney Childs Chipp Coates Coleman Collard Colston Crowley Durack Elstob Evans, Gareth Evans, Jack Foreman Gietzelt Giles Grimes Guilfoyle, Dame Margaret Haines Hamer Hearn Hill Jones Kilgariff Lajovic McClelland Macklin Maguire Mason Messner Missen Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Sibraa Tate Teague Walsh Withers Zakharov

NOES, 9

Senators- Archer Boswell Crichton-Browne Harradine Jessop (Teller) Lewis Townley Walters Watson

The President declared that the Question-That this Bill be now read a third time-had been resolved in the affirmative by an absolute majority, as required by the Constitution.

Bill read a third time.