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DEFENCE LEGISLATION AMENDMENT BILL 1984

Order of the Day read for the adjourned debate on the motion of the Attorney-General (Senator Gareth Evans)-That this Bill be now read a second time.

Debate resumed.

Senator Hamer moved an amendment, viz: At end of motion, add '', but the Senate condemns the Government for its failure to keep its promises to the men and women of the Defence Forces on taxation of lump sum superannuation payments, and for its attack on the ability of defence personnel to accumulate capital to provide for their retirement''.

Debate continued.

Question-That the words proposed to be added be added-put.

The Senate divided

AYES, 22

Senators- Archer Baume Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Lewis Missen Rae, Peter Reid (Teller) Scott Townley Walters Watson Withers

NOES, 28

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

And so it was negatived.

Senator Mason moved an amendment, viz: At end of motion, add '', but the Senate is of the opinion that Australian troops should not be sent overseas in a war or in a peace-keeping role without the consent of both Houses of the Commonwealth Parliament''.

Question-That the words proposed to be added be added-put and negatived, all Australian Democrat Senators present, by leave, having recorded their votes for the Ayes.

Question-That this Bill be now read a second time-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

Clauses 1 to 15, by leave, taken together and agreed to. Senator Mason moved an amendment, viz: Page 5, after clause 15, insert the following new clause: ''15A. Section 50C of the Defence Act 1903 is repealed and the following section substituted: '50C. (1) Members of the Defence Force may be required to serve within the territorial limits of Australia.

'(2) Subject to sub-section (3), members of the Defence Force may not be required to serve beyond the territorial limits of Australia except in accordance with a resolution agreed to by each House of the Parliament authorizing the service.

'(3) The Governor-General may by proclamation declare that an emergency exists requiring the service beyond the territorial limits of Australia of members of the Defence Force, and such service may be required in accordance with such a proclamation.

'(4) If the Parliament is not in session when a proclamation under sub-section (3) is made, it shall be summoned to meet within 2 days after the making of the proclamation.

'(5) If the Parliament is in session when a proclamation under sub-section (3) is made, but either House of the Parliament is adjourned for an indefinite period of time or for a period of time which will expire more than 2 days after the making of the proclamation, the Presiding Officer of that House within the meaning of the Parliamentary Presiding Officers Act 1965, or the person who is deemed to be the Presiding Officer of that House for the purpose of that Act, shall summon that House to meet within 2 days after the making of the proclamation, notwithstanding anything contained in the resolution of adjournment of that House.

'(6) A proclamation made under sub-section (3) shall cease to have effect on the day next succeeding the day on which the Parliament next meets after the making of the proclamation.

'(7) For the purpose of this section, service beyond the territorial limits of Australia does not include service by members of the Defence Force- (a) pursuant to their temporary attachment as provided by section 116B;

(b) as part of an Australian diplomatic or consular mission;

(c) on an Australian vessel or aircraft not engaged in hostilities or in operations during which hostilities are likely to occur;

(d) for the purpose of their education or training; or

(e) for purposes related to the procurement of equipment or stores.'.''.

Debate ensued.

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

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

Bill to be reported without amendment.

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

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