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HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION BILL 1985
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AMENDMENT BILL 1985
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 1985
AUSTRALIAN BILL OF RIGHTS BILL 1985

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

In the Committee

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION BILL 1985-

Bill, as amended, further debated.

Senator Missen, by leave, moved the following amendments together:

Page 2, sub-clause 3 (1), definition of ""appointed member'', line 10, after ""(d)'', insert ""or (e)''.

Page 8, paragraph 8 (1) (d), line 2, leave out the paragraph, insert the following new paragraphs:

""(d) 3 members who shall be persons who, from their experience in non-government representational groups, minority groups or social service organisations, have specialist knowledge and experience in human rights activities; and

(e) 3 other members who shall be persons nominated biennially by the Standing Committee of Attorneys-General to represent the States, being persons of knowledge and experience in human rights acts and practices.''.

Page 8, sub-clause 8 (2), line 3, leave out ""other member or''.

Page 8, sub-clause 8 (2), line 4, after ""paragraph (1) (d)'', insert ""or paragraph (1) (e)''.

Page 8, sub-clause 8 (3), lines 5 and 6, leave out all words after ""President'', insert ""shall be appointed as a full-time member.''.

Page 8, sub-clause 8 (4), lines 8 and 9, leave out ""or a member referred to in paragraph (1) (d)''.

Page 8, after sub-clause 8 (4), insert the following new sub-clause:

""(4a) The members referred to in paragraphs 1 (d) and (e) shall be appointed as part-time members.''.

Page 8, sub-clause 8 (5), line 11, after ""(d)'', insert ""or (e)''.

Page 8, sub-clause 8 (9), line 25, after ""(d)'', insert ""or (e)''.

Page 30, sub-clause 44 (3), line 6, before ""At a meeting'', insert ""Subject to sub-section (3A),''.

Page 30, after sub-clause 44 (3), insert the following new sub-clause:

""(3A) Between meetings of the Commission the President may, at any time, convene a meeting of the full-time members of the Commission which meeting may, subject to the control of the Commission, carry out the day to day affairs of, and perform the functions of, the Commission and for the purposes of such a meeting of the Commission a quorum is constituted by a number of full-time members that is not less than one-half of the number of full-time members for the time being holding office under section 8.''.

Debate ensued.

Ordered-That further consideration of Senator Missen's amendments be postponed.

Bill, as amended, further debated.

On the motion of Senator Walters the following amendment was agreed to: Page 19, sub-clause 26 (1), line 40, leave out ""insult,''.

Bill, as amended, further debated.

Consideration resumed of Senator Missen's postponed amendments.

Senator Missen, by leave, amended his amendments to read as follows:

Page 8, paragraph 8 (1) (d), line 2, leave out the paragraph, insert the following new paragraph:

""(d) one other member''.

Page 8, after paragraph 8 (1) (d), add the following new paragraphs:

""(e) 3 members who shall be persons who, from their experience in non-government representational groups, minority groups or social service organisations, have specialist knowledge and experience in human rights; and

(f) 3 other members who shall be persons nominated biennially by the Standing Committee of Attorneys-General, being persons of knowledge and experience in human rights acts and practices.''.

Page 8, sub-clause 8 (2), lines 3 and 4, leave out the sub-clause, insert the following sub-clause:

""(2) The President, the other member referred to in paragraph (1) (d) and the members referred to in paragraphs (1) (e) and (f) shall be appointed by the Governor-General.''.

Page 8, sub-clause 8 (3), line 5, leave out ""or members''.

Page 8, sub-clause 8 (4), line 9, leave out ""paragraph (1) (d)'', insert ""paragraph (1) (e) or (f)''.

Page 8, sub-clause 8 (9), line 25, after ""paragraph (1) (d)'', insert ""or that there is less than 3 members appointed under paragraph (1) (e) or (f)''.

Page 8, sub-clause 8 (9), line 27, leave out ""that paragraph'', insert ""paragraph (1) (d) or 3 members of the Commission appointed under paragraph (1) (e) or (f) as the case may be''.

Page 30, sub-clause 44 (3), line 6, before ""At a meeting'', insert ""Subject to sub-section (3A),''.

Page 30, after sub-clause 44 (3), insert the following new sub-clause:

""(3A) Between meetings of the Commission the President may, at any time, convene a meeting of the full-time members of the Commission which meeting may, subject to the control of the Commission, carry out the day to day affairs of, and perform the functions of, the Commission and for the purposes of such a meeting of the Commission a quorum is constituted by a number of full-time members that is not less than one-half of the number of full-time members for the time being holding office under section 8.''.

Debate ensued.

Question-That the amendments be agreed to-put and passed.

Bill, as amended, agreed to.

HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL 1985-

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

AUSTRALIAN BILL OF RIGHTS BILL 1985-

Clause 1 agreed to.

Clause 2 read-

Senator Haines moved an amendment, viz: Page 1, sub-clause (3), line 11, leave out ""5 years'', insert ""3 years''.

Debate ensued.

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

Amendment negatived accordingly.

Clause 2 agreed to.

Clause 3 debated and agreed to.

Clause 4 read-

Senator Durack, by leave, moved the following amendments together:

Page 2, sub-clause (1), definition of ""act'', after paragraph (b), insert the following new word and paragraph:

""; or (ba) by or on behalf of a trade union or body corporate,''.

Page 5, sub-clause (1), definition of ""practice'', after paragraph (b), insert the following new word and paragraph:

""; or (ba) by or on behalf of a trade union or body corporate,''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 35

Senators- Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Chipp Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Haines Hamer Hill Jessop Kilgariff Lewis MacGibbon Mason Messner Parer Puplick Reid (Teller) Sanders Sheil Short Siddons Teague Townley Vanstone Vigor Walters Watson Withers

NOES, 29

Senators- Aulich Black Bolkus Childs Coates Coleman Colston Cook Cooney Crowley Devlin Elstob Evans Georges Gietzelt Giles Harradine Jones Maguire Morris Ray Reynolds Richardson Robertson (Teller) Ryan Sibraa Tate Walsh Zakharov

And so it was resolved in the affirmative.

Amendments agreed to accordingly.

On the motion of the Minister for Resources and Energy (Senator Evans) the following amendment was agreed to: Page 3, sub-clause (1), definition of ""Covenant'', line 43, leave out ""the Schedule'', insert ""Schedule 1''.

Ordered, by leave-That clause 4, as amended and clauses 6 and 7 be taken together.

Senator Durack, by leave, moved the following amendments together:

Page 6, sub-clause 4 (1), definition of ""Territory'', line 20, at end of definition, add ""or Norfolk Island''.

Page 7, sub-clause 6 (1), lines 41 and 42, leave out ""and of Norfolk Island''.

Page 8, clause 7, at end of clause, add ""other than Norfolk Island''.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 29

Senators- Archer Baume, Michael Baume, Peter Bjelke-Petersen Boswell Brownhill Carrick, Sir John Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Hill Jessop Kilgariff (Teller) Lewis MacGibbon Missen Parer Puplick Sheil Short Teague Townley Vanstone Walters Watson Withers

NOES, 36

Senators- Aulich Black Bolkus Childs Chipp Coates Coleman Colston Cook Cooney Crowley Devlin Elstob Evans Georges Gietzelt Giles Haines Jones McClelland McIntosh Maguire Mason Morris Ray Reynolds Richardson Robertson (Teller) Ryan Sanders Sibraa Siddons Tate Vigor Walsh Zakharov

Amendments negatived accordingly.

And it being after 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.

Question-put and passed.

The President resumed the Chair, and Senator Hamer reported accordingly.