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PROTECTION OF MOVABLE CULTURAL HERITAGE BILL 1986

Order of the Day read for the adjourned debate on the motion of the Minister for Education (Senator Ryan)-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.

Senator Ryan moved the following amendment, viz: Page 11, clause 24, lines 6 to 8, leave out all words after ""writing,'', insert ""delegate to-

(a) the person holding or performing the duties of the office of Secretary to the Department; or

(b) a person holding or performing the duties of a Senior Executive Service office within the meaning of the Public Service Act 1922, being an office in the Department,

all or any of the Minister's powers under this Act, other than this power of delegation or a power conferred by section 17 or 18, sub-section 28 (3), (4) or (5) or section 38 or 47.''.

Debate ensued.

Explanatory Memorandum: Senator Ryan tabled an Explanatory Memorandum relating to an amendment to the Protection of Movable Cultural Heritage Bill 1986.

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.

Senator Mason moved an amendment, viz: Page 19, clause 38, lines 1 to 11, leave out the clause, insert the following clause:

""38. (1) Where a protected object is forfeited by or under this Act-

(a) all title and interest in the object is vested in the Commonwealth without further proceedings; and

(b) subject to sub-section (2), the object shall be dealt with and disposed of in accordance with the directions of the Minister.

""(2) Where a protected object is forfeited by or under this Act, and the Minister is able to ascertain the name and address of the owner or custodian of the object, the Minister shall return the object to the owner or custodian unless-

(a) the owner or custodian is not a resident of Australia; or

(b) the owner or custodian has been convicted of an offence against sub-section 9 (3) in relation to the object.''.

Debate ensued.

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

Amendment negatived accordingly.

Bill, as amended, agreed to.

Bill to be reported with an amendment.

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

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

And it being 10.30 p.m.-