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REFERENDUM (CONSTITUTION ALTERATION) AMENDMENT BILL 1983

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

In the Committee

Clauses 1 and 2, by leave, taken together and agreed to.

Clause 3 read- On the motion of the Attorney-General (Senator Gareth Evans) the following amendment was agreed to: Page 1, before the proposed definition of ''Australian Capital Territory Representation Regulations'', insert the following new definition: '' ' ''Australian Capital Territory'' includes the Jervis Bay Territory;''.

Clause 3, as amended, agreed to.

Clause 4 debated.

Senator Durack, by leave, moved the following amendments together: Page 3, paragraph (f), proposed paragraph 4 (2) (ga), lines 40 and 41, leave out '', subject to any modifications made by the Chief Australian Electoral Officer,''.

Pages 3 and 4, paragraph (f), proposed paragraph 4 (2) (gb), line 46 (page 3) to line 1 (page 4), leave out '', subject to any modifications made by the Chief Australian Electoral Officer,''.

Debate ensued.

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

On the motion of Senator Gareth Evans the following amendments were, by leave, taken together and agreed to: Page 3, paragraph (f), proposed new paragraph 4 (2) (ga), line 41, after ''Officer'', insert ''in a manner necessary for those purposes''.

Page 4, paragraph (f), proposed new paragraph 4 (2) (gb), line 1, after ''Officer'', insert ''in a manner necessary for those purposes''.

Clause 4, as amended, agreed to.

Clause 5 agreed to.

Senator Macklin moved an amendment, viz: Page 4, after clause 5, insert the following new clause: ''5A. Section 6A of the Principal Act is amended- (a) by inserting 'in the English language' after 'pamphlet' in sub-section (1); and

(b) by adding after sub-section (2) the following sub-section: '(3) The Chief Australian Electoral Officer shall cause the text of the pamphlet referred to in this section to be translated into such languages as are prescribed, and shall cause copies of those translations to be printed and to be made available in such quantities and at such places as are prescribed.'.''.

Debate ensued.

Amendment, by leave, withdrawn.

Senator Durack moved an amendment, viz: Page 4, after clause 5, insert the following new clause: ''5A. Section 6A of the Principal Act is amended by adding at the end thereof the following sub-section: '(3) No moneys shall be expended by the Commonwealth in respect of the presentation of the argument in favour of, or the argument against, a proposed law other than in respect of- (a) the publication of the pamphlet referred to in this section; or

(b) meeting travelling, accommodation or other ordinary expenses of members of the Parliament, including Ministers, that are lawfully payable by the Commonwealth.'.''.

Debate ensued.

Senator Macklin moved an amendment to Senator Durack's proposed amendment, viz: Proposed new paragraph 6A (3) (a), after ''section'', insert ''and any translation into other languages which may be authorized and advertised by the Chief Australian Electoral Officer''.

Debate ensued.

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

Debate on proposed amendment, as amended, continued.

Question-That the proposed new clause 5A, as amended, be inserted in the Bill-put and passed.

New clause 5A agreed to accordingly.

Clauses 6 to 8, by leave, taken together and agreed to.

Clause 9 read- On the motion of Senator Gareth Evans the following amendments were, by leave, taken together and agreed to: Page 5, paragraph (a), line 27, leave out ''in the case'', insert ''in a manner necessary for the purposes''.

Page 5, paragraph (b), proposed sub-section 14A (2), lines 38 and 39, leave out ''in the case'', insert ''in a manner necessary for the purposes''.

Page 5, paragraph (c), line 41, leave out ''in the case'', insert ''in a manner necessary for the purposes''.

Page 6, paragraph (d), line 1, leave out ''in the case'', insert ''in a manner necessary for the purposes''.

Page 6, at end of clause, add the following new paragraph: ''(f) by adding at the end thereof the following sub-section: '(5) The ballot-papers referred to in sub-sections (1) and (3) may, in a manner necessary for the purposes of voting by Australian Capital Territory or Northern Territory electors, be modified by the Chief Australian Electoral Officer.'.''.

On the motion, by leave, of Senator Durack the following amendment was agreed to: Page 5, before paragraph (a), insert the following new paragraph: ''(aa) by omitting from sub-section (1), 'may' and substituting 'shall';''.

Senator Durack, by leave, moved the following amendments together: Page 6, paragraph (d), lines 1 to 3, leave out the paragraph, insert the following paragraphs: ''(d) by inserting after sub-section (2B) the following new sub-section: '(2C) The form of the ballot-papers prescribed under sub-section (1A), (2), (2A) or (2B) shall comply, as nearly as practicable, with Form C or Form D, as the case may be, in the Schedule.';

(da) by omitting from sub-section (3) 'which may be used by any one elector may' and substituting 'for use by an elector shall';''.

Page 6, at end of clause, add the following new paragraph: ''(f) by omitting sub-section (4).''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 25

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff Lewis Martin Messner Missen Reid Scott Teague Townley Walters Watson

NOES, 32

Senators- Bolkus Button Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones McClelland Macklin Maguire Mason Primmer Ray, Robert Reynolds Robertson (Teller) Ryan Sibraa Tate Zakharov

Amendments negatived accordingly.

Clause 9, as amended, agreed to.

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

The Acting Deputy-President (Senator Colston) 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 at a later hour of the day.