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TELEPHONE TAPES-JOINT SELECT COMMITTEE

Senator Durack, pursuant to notice, moved- (1) That a Joint Select Committee be appointed to inquire into and report upon the conduct of the judge referred to in the tapes and transcripts delivered by The Age newspaper to the Attorney-General on 1 February 1984 and in particular the question whether the judge may have been guilty of misbehaviour or may have revealed any incapacity which could amount to sufficient grounds for an address to the Governor-General in Council from both Houses of the Parliament praying for his removal from office pursuant to section 72 (ii) of the Constitution.

(2) That provisions relating to membership, powers and proceedings of the Committee be contained in a subsequent Resolution.

(3) That the inquiry commence after the polling day of the New South Wales election.

(4) That the foregoing Resolution be communicated to the House of Representatives by Message, requesting its concurrence in the Resolution.

Debate ensued.

The Leader of the Australian Democrats (Senator Chipp) moved an amendment, viz: Paragraph (1), leave out all words after ''report upon'', insert: ''(a) whether any or all of the tapes and transcripts delivered by The Age newspaper to the Attorney-General on 1 February 1984 are authentic and genuine; and

(b) whether the conduct of the judge as revealed in the tapes and transcripts referred to in sub-paragraph (a) constituted misbehaviour or incapacity which could amount to sufficient grounds for an address to the Governor-General in Council from both Houses of the Parliament praying for his removal from office pursuant to section 72 (ii) of the Constitution.''.

Debate continued.

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

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

Amendment agreed to accordingly.

Question-That the motion, as amended, be agreed to-put.

The Senate divided

AYES, 31

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Chipp Crichton-Browne Durack Evans, Jack Guilfoyle, Dame Margaret Haines Hamer Hill Kilgariff Lajovic Lewis MacGibbon Macklin Martin Mason Messner Missen Rae, Peter Reid (Teller) Scott Teague Townley Walters Watson Withers

NOES, 29

Senators- Bolkus Button Childs Coates Coleman Colston Cook Crowley Elstob Evans, Gareth Foreman Georges Gietzelt Giles Grimes Hearn Jones McClelland McIntosh (Teller) Maguire Primmer Ray, Robert Reynolds Richardson Robertson Ryan Tate Walsh Zakharov

And so it was resolved in the affirmative.