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LIQUID FUEL EMERGENCY BILL 1983

Order of the Day read for the adjourned debate on the motion of the Minister for Industry and Commerce (Senator Button)-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 the Minister for Resources and Energy (Senator Walsh) the following amendments were, by leave, taken together, debated and agreed to: Page 3, clause 3, sub-clause (1), line 40, leave out ''of a'', insert ''of''.

Page 16, clause 16, after sub-clause (2), insert the following new sub-clause: ''(2A) Without limiting the generality of the matters to which the Governor-General is to have regard for the purposes of paragraph (2) (a), he shall have regard to the question whether the shortage, or the likelihood of a shortage, of the liquid fuel concerned is likely to be averted by the voluntary augmenting of supplies of the liquid fuel by relevant fuel industry corporations.''.

Page 34, clause 41, paragraph (3) (a), line 19, leave out ''fifth'', insert ''fifteenth''.

Page 34, clause 41, paragraph (3) (b), line 22, leave out ''fifth'', insert ''fifteenth''.

Page 34, clause 41, paragraph (3) (b), line 24, leave out ''fifth'', insert ''fifteenth''.

Page 34, clause 41, sub-clause (4), line 25, leave out ''5'', insert ''15''.

Page 34, clause 41, sub-clause (5), line 29, leave out ''5'', insert ''15''.

Page 35, clause 41, sub-clause (5), line 1, leave out ''this section'', insert ''sub-sections (3) and (4)''.

Page 35, clause 41, at end of clause, add the following new sub-clauses: ''(6) Where an instrument to which this section applies is made during a period of national liquid fuel emergency- (a) the instrument comes into force forthwith;

(b) sub-sections (3), (4) and (5) do not apply to the instrument; and

(c) sub-section (8) applies to the instrument.

''(7) Where- (a) an instrument to which this section applies is made otherwise than during a period of national liquid fuel emergency;

(b) a period of national liquid fuel emergency is declared to exist; and

(c) on the commencement of that period the instrument had neither come into force under sub-section (3) nor been disallowed under sub-section (4),

then, on the commencement of that period- (d) the instrument comes into force;

(e) sub-sections (3), (4) and (5) cease to apply to the instrument; and

(f) sub-section (8) applies to the instrument.

''(8) If either House of the Parliament, in pursuance of a motion of which notice has been given within 15 sitting days after a copy of an instrument to which this sub-section applies has been laid before that House, (whether the notice was given for the purposes of sub-section (4) or of this sub-section), passes a resolution disallowing that instrument, the instrument so disallowed shall thereupon cease to have effect.

''(9) If, at the expiration of 15 sitting days after notice of a motion to disallow an instrument to which sub-section (8) applies has been given in a House of the Parliament, being notice given within 15 sitting days after a copy of the instrument has been laid before that House- (a) the notice has not been withdrawn and the motion has not been called on; or

(b) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

the instrument specified in the motion shall thereupon be deemed to have been disallowed.

''(10) If, before the expiration of 15 sitting days after notice of a motion to disallow any instrument to which sub-section (8) applies has been given in a House of the Parliament- (a) the House of Representatives is dissolved or expires, or the Parliament is prorogued; and

(b) at the time of the dissolution, expiry or prorogation, as the case may be- (i) the notice has not been withdrawn and the motion has not been called on; or

(ii) the motion has been called on, moved and seconded and has not been withdrawn or otherwise disposed of,

the instrument shall, for the purposes of sub-sections (8) and (9), be deemed to have been laid before that first-mentioned House on the first sitting day of that first-mentioned House after the dissolution, expiry or prorogation, as the case may be.

''(11) Where an instrument to which sub-section (8) applies is disallowed, or is deemed to have been disallowed, under this section, the disallowance of the instrument has the same effect as a revocation of the instrument.

''(12) Where- (a) an instrument to which sub-section (8) applies (in this sub-section referred to as the 'relevant instrument') is disallowed, or is deemed to have been disallowed, under this section; and

(b) the relevant instrument revoked, in whole or in part, another instrument to which this section applies that was in force immediately before the relevant instrument came into operation,

the disallowance of the relevant instrument has the effect of reviving that other instrument from and including the date of the disallowance as if the relevant instrument had not been made.

''(13) Where an instrument to which this section applies comes into force, the Minister shall cause a notice to that effect to be published in the Gazette.

''(14) The Minister shall, before 1 July 1984, make at least one instrument to which this section applies under each of the sub-sections referred to in sub-section (1) of this section.''.

Page 35, clause 43, sub-clause (3), lines 28 and 29, leave out '', being an instrument that is in force,''.

Page 37, clause 45, sub-clause (2), lines 7 to 10, leave out the sub-clause.

Page 37, clause 45, sub-clause (3), line 12, leave out ''Act'', insert ''section''.

Page 37, after clause 45, insert the following new clause:

Compensation for compliance with directions under Part II or III ''45A. (1) Subject to this section, where a person suffers loss, injury or damage by reason of the compliance by the person with a direction under Part II or III, there is payable to the person by the Commonwealth such amount of compensation in respect of that loss, injury or damage as is agreed between the Commonwealth and the person or, failing agreement, as is determined by a court of competent jurisdiction.

''(2) In assessing the amount of compensation payable under sub-section (1) in respect of loss, injury or damage suffered by a person, account shall be taken only of so much of the loss, injury or damage- (a) as is greater than the loss, injury or damage suffered by the community at large, or a substantial part of the community at large, in connection with dealing with, or in preparation for dealing with, a shortage or likely shortage of liquid fuel during a period of national liquid fuel emergency; and

(b) as the person is not, and is not likely to be, in a position to make good from the market supplied by the person.

''(3) Compensation is not payable under sub-section (1) in respect of loss, injury or damage suffered by a person unless the person lodges a claim for compensation with the Minister within 12 months, or such longer period (if any) as is prescribed, after the loss, injury or damage was suffered.

''(4) Any damages or compensation recovered or other remedy given in proceedings that are instituted otherwise than by virtue of this section shall be taken into account in assessing compensation payable in proceedings that are instituted under this section and that arise out of the same event or transaction.''.

Page 37, clause 47, sub-clause (3), line 42, leave out ''section 45'', insert ''section 45 or 45A''.

Bill, as amended, agreed to.

Bill to be reported with amendments.

The Acting Deputy-President (Senator Coleman) resumed the Chair; and the Temporary Chairman of Committees (Senator Haines) reported accordingly.

On the motion of Senator Walsh the Report from the Committee was adopted, and the Bill read a third time.