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STATES GRANTS (SCHOOLS ASSISTANCE) BILL 1983

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

In the Committee

Consideration resumed of clause 3, and of the amendment moved thereto by Senator Baume, viz: Page 10, sub-clause (9), lines 13 to 30, leave out all words after ''systemic school''.

Ordered, by leave-That clause 3 and the amendment moved thereto (Senator Baume's amendment) and clause 24 be considered together.

Senator Baume, by leave, moved the following further amendments together: Page 10, clause 3, sub-clause (10), lines 31 to 34, leave out the sub-clause.

Page 10, clause 3, sub-paragraph (11) (a) (i), lines 38 and 39, leave out the sub-paragraph.

Page 31, clause 24, paragraph (1) (a), lines 11 to 28, leave out all words after ''commencing day'', insert ''or''.

Page 31, clause 24, sub-clause (2), lines 32 to 35, leave out the sub-clause.

Page 31, clause 24, sub-paragraph (3) (a) (i), lines 39 and 40, leave out the sub-paragraph.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 22

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

NOES, 29

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

Amendments negatived accordingly.

Clauses 3 and 24 further debated.

Senator Baume, by leave, moved the following further amendments together: Page 11, clause 3, paragraphs (11) (e), (f) and (g), lines 9 to 15, leave out the paragraphs, insert the following word and paragraph: ''and (e) if the level of assistance applicable in relation to the school were to be the level numbered 3 in column 1 of Schedule 8, the school would have reasonable prospects of long-term viability,''.

Page 32, clause 24, paragraphs (3) (e), (f) and (g), lines 9 to 15, leave out the paragraphs, insert the following word and paragraph: ''and (e) if the level of assistance applicable in relation to the school were to be the level numbered 3 in column 1 of Schedule 8, the school would have reasonable prospects of long-term viability''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 22

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

NOES, 29

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

Amendments negatived accordingly.

Clauses 3 and 24 further debated.

Ordered-That further consideration of clause 24 be postponed.

Clause 3 further debated.

Senator Baume moved an amendment, viz: Page 13, sub-clause (20), lines 15 to 17, leave out the sub-clause.

Debate ensued.

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

Clause 3 agreed to.

Clauses 4 to 19, by leave, taken together, debated and agreed to.

Clause 20 read- Senator Baume, by leave, moved the following amendments together: Page 24, sub-clause (5), definition of ''prescribed purpose'', paragraph (a), lines 42 and 43, leave out all words after ''non-government school''.

Page 25, sub-clause (5), definition of ''prescribed purpose'', paragraph (c), lines 4 and 5, leave out all words after ''non-government school''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 22

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

NOES, 29

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

Amendments negatived accordingly.

Clause 20 agreed to.

Clauses 21 and 22, by leave, taken together and agreed to.

Clauses 23 and 24, by leave, considered together.

Senator Baume, by leave, moved the following amendments together: Page 28, clause 23, sub-clause (4), line 35, after ''have regard'', insert ''to the right of every child who attends a non-government school to a basic grant from the Commonwealth in respect of the education of the child at the school that the parents or guardians of the child have chosen and''.

Page 32, clause 24, sub-clause (4), line 27, after ''have regard'', insert ''to the right of every child who attends a non-government school to a basic grant from the Commonwealth in respect of the education of the child at the school that the parents or guardians of the child have chosen and''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 23

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

NOES, 29

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

Amendments negatived accordingly.

Senator Baume moved a further amendment to clause 24, viz: Page 32, after sub-clause (6), insert the following new sub-clause: ''(6A) The Minister may, on the application in writing of the approved authority of a school, vary the list of non-systemic schools by omitting the school from that list.''.

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

Clauses 23 and 24 agreed to.

Clauses 25 to 76, by leave, taken together and agreed to.

Clause 77 read- Senator Baume, by leave, moved the following amendments together: Page 67, at end of clause, add the following new sub-clause: ''(2) Sections 48 (other than paragraph (1) (a)), 49, 49A and 50 of the Acts Interpretation Act shall apply to any instrument referred to in sub-section (1) as if in that sub-section references to regulations were references to instruments, references to a regulation were references to an instrument and references to a repeal were references to a revocation.''.

Page 67, after clause 77, insert the following new clause: Appeals ''77A. An application may be made to the Administrative Appeals Tribunal for review of a decision made by the Minister in the exercise of a power conferred by sub-section 3 (11), 23 (3) or 24 (3).''.

Debate ensued.

Senator Baume, by leave, withdrew his proposed amendment to insert new clause 77A.

Debate continued.

Question-That the words proposed to be added be added (Senator Baume's proposed amendment to clause 77)-put and negatived.

Clause 77 agreed to.

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

Bill to be reported without amendment.

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

On the motion of the Minister for Education and Youth Affairs (Senator Ryan) the Report from the Committee was adopted, and the Bill read a third time.