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CUSTOMS AND EXCISE LEGISLATION AMENDMENT BILL 1985

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

In the Committee

Consideration resumed of clause 16 and of the amendment moved thereto by the Leader of the Opposition in the Senate (Senator Chaney), viz: Page 8, proposed new sub-section 234AB (1), lines 9 to 19, leave out the sub-section, insert the following new sub-sections: ''(1) An officer may direct a person, including a passenger disembarking from, or embarking on, a ship or aircraft- (a) not to operate a camera, or use an appliance to record or transmit sound, at a place in relation to which a sign is displayed under sub-section 234AA (2); or

(b) not to operate a camera, or use an appliance to record or transmit sound, at a place (being a place that is part of a ship, of an aircraft or of a wharf) at a time when the personal baggage of passengers disembarking from, or embarking on, a ship or aircraft, is being examined, for the purposes of this Act, at or in the vicinity of that place.

'(1A) Where an officer gives to a person a direction under sub-section (1), the officer shall inform that person that failure to comply with that direction is an offence under this Act.

'(1B) A person shall not fail to comply with a direction given to that person by an officer in accordance with sub-section (1). Penalty: $1,000.''.

Senator Chaney, by leave, amended his amendment to read as follows: Page 8, proposed new sub-section 234AB (1), lines 9 to 19, leave out the sub-section, insert the following new sub-sections: ''(1) An officer may direct a person, including a passenger disembarking from, or embarking on, a ship or aircraft- (a) not to operate a camera, or use an appliance to record or transmit sound, at a place in relation to which a sign is displayed under sub-section 234AA (2); or

(b) not to operate a camera, or use an appliance to record or transmit sound, at a place (being a place that is part of a ship, of an aircraft or of a wharf) at a time when the personal baggage of passengers disembarking from, or embarking on, a ship or aircraft, is being examined, for the purposes of this Act, at or in the vicinity of that place.

'(1A) Where an officer gives to a person a direction under sub-section (1), the officer shall inform that person that failure to comply with that direction is an offence under this Act.

'(1B) A person shall not, without reasonable excuse, fail to comply with a direction given to that person by an officer in accordance with sub-section (1). Penalty: $1,000.''.

Debate resumed.

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.

On the motion of Senator Chaney the following amendment was agreed to: Page 8, proposed new sub-section 234AB (2), line 21, leave out ''sub-section (1)'', insert ''sub-section (1B)''.

Clause 16, as amended, agreed to.

Clauses 17 to 22, by leave, taken together and agreed to.

Clause 23 read- On the motion of Senator Chaney the following amendment was debated and agreed to: Page 11, paragraph (a), after proposed new sub-section 269P (2B), insert the following new sub-section: '' '(2C) A revocation under sub-section (2B) of a concession order comes into effect on the date specified in the order of revocation, not being a date earlier than the date of the making of the order.''.

Clause 23, as amended, agreed to.

Clauses 24 to 36, by leave, taken together and agreed to.

Clause 17, by leave, reconsidered and agreed to.

Clause 37 read- Senator Chaney moved an amendment, viz: Pages 14 and 15, line 34 (page 14) to line 13 (page 15), leave out the clause, insert the following clause: ''37. (1) Section 78A of the Principal Act is amended by omitting sub-section (5) and substituting the following sub-section: '(5) Where a rebate is payable under sub-section (1) to a person in respect of any diesel fuel, the amount of the rebate payable to that person is equal to the amount of duty paid by that person upon that diesel fuel.'.

''(2) Sub-section 78A (5) of the Principal Act as amended by this Act applies in respect of diesel fuel purchased after the commencement of this Act.''. Debate ensued.

And it being 10.30 p.m.: The Chairman of Committees (Senator Hamer), under Sessional Order, put the Question-That he do leave the Chair and report to the Senate. Which Question was negatived.

Debate continued.

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

The Committee divided

AYES, 30

Senators- Archer Baume Bjelke-Petersen Boswell Brownhill Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Hill Jessop Kilgariff Lajovic Lewis Messner Missen Parer Puplick Rae, Peter Reid (Teller) Scott Sheil Short Townley Vanstone Watson Withers

NOES, 35

Senators- Aulich Black Bolkus Button Childs Chipp Coates Colston Cook Cooney Crowley Devlin Elstob Evans, Gareth Evans, Jack Foreman Giles Grimes Hearn Jones McClelland McKiernan Macklin Maguire Primmer Ray, Robert Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Vigor Walsh Zakharov

Amendment negatived accordingly.

Clause 37 agreed to.

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

Bill to be reported with amendments.

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

On the motion of the Minister for Industry, Technology and Commerce (Senator Button) the Report from the Committee was adopted, and the Bill read a third time.