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REMUNERATION AND ALLOWANCES ALTERATION BILL 1986

The Senate, according to Order, resolved itself into Committee for the consideration of Message No. 387 of the House of Representatives.

In the Committee

Message read.

SCHEDULE OF THE AMENDMENT MADE BY THE SENATE

TO WHICH THE HOUSE OF REPRESENTATIVES HAS DISAGREED

Page 4, after clause 4, insert the following new clause:

Entitlements of members of the Parliament

""4a. (1) Determination No. 11 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified by omitting paragraph 7.1 and substituting the following paragraph:

"7.1 For the purposes of this entitlement, ""nominee'' means:

* a parent;

* a son or daughter other than a dependent child as defined in paragraph 1.19; or

* a brother or sister

of the senator or member, and may in special circumstances include one other person (except a member of the staff of the senator or member) approved at the discretion of the Special Minister of State.'.

""(2) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal.''.

Reasons of the House of Representatives for disagreeing to Amendment No. 1

of the Senate

The Senate amendment is not acceptable because-

Proposals to extend the definition of nominee for overseas study travel purposes have been considered by the Remuneration Tribunal, including in its 1986 Review, and not accepted.

It would establish a most undesirable precedent for the Parliament to override a Determination of the independent Tribunal so as to widen an entitlement available to Senators and Members.

The Minister for Community Services (Senator Grimes) moved-That the Committee does not insist on the amendment of the Senate to which the House of Representatives has disagreed.

Senator Harradine moved an amendment, viz: At end of motion, add:

"", but proposes an alternative amendment to the Bill:

Page 4, after clause 4, add the following new clause:

Entitlements of members of the Parliament

"4a. (1) Determination No. 11 of 1986 of the Remuneration Tribunal dated 6 June 1986 is modified-

(a) by omitting paragraph 7.1;

(b) by omitting from sub-sub-paragraph 7.2 (d) (ii) "", or nominee as defined,'';

(c) by omitting from sub-sub-paragraph 7.2 (d) (iii) "", spouse, or nominee as defined,'' and substituting ""or spouse'';

(d) by omitting from sub-paragraph 7.3 (c) ""or nominee''; and

(e) by omitting from paragraph 7.4 ""or nominee''.

"(2) The determination of the Remuneration Tribunal referred to in this section as modified by this section has effect as if it were a determination of the Remuneration Tribunal.'.''.

Debate ensued.

Senator Macklin moved an amendment to Senator Harradine's proposed amendment, viz: Proposed new sub-clause 4a (1), leave out paragraphs (a) to (e), insert:

""by omitting paragraph 7.1, and substituting the following paragraph:

"7.1 For the purposes of this entitlement, ""nominee'' means:

* a parent;

* a son or daughter other than a dependent child as defined in paragraph 1.19;

* a brother or sister; or

* other close relative

of the Senator or member.'.''.

Debate ensued.

Question-That the words proposed to be left out be left out (Senator Macklin's proposed amendment to Senator Harradine's amendment)-put.

The Committee divided-

AYES, 6

Senators- Haines Macklin (Teller) Mason Powell Sanders Vigor

NOES, 50

Senators- Alston Archer Baume, Michael Bjelke-Petersen Black Brownhill Carrick, Sir John Childs Coates Collard Cook Cooney Crichton-Browne Crowley Devlin Durack Elstob Evans Foreman Giles Grimes Guilfoyle, Dame Margaret Hamer Harradine Jones Kilgariff MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Ray Reid (Teller) Reynolds Richardson Robertson Ryan Sheil Short Sibraa Tate Townley Vanstone Watson Withers Zakharov

Amendment negatived accordingly.

Question-That the words proposed to be added be added (Senator Harradine's amendment)-put.

The Committee divided-

AYES, 47

Senators- Alston Archer Baume, Michael Bjelke-Petersen Black Brownhill Carrick, Sir John Childs Coates Collard Cooney Crichton-Browne Crowley Devlin Durack Elstob Evans Foreman Giles Grimes Guilfoyle, Dame Margaret Hamer Harradine Jones Kilgariff MacGibbon McIntosh McKiernan Maguire Messner Morris Newman Parer Puplick Reid Reynolds Richardson Robertson Sheil (Teller) Short Sibraa Tate Townley Vanstone Watson Withers Zakharov

NOES, 6

Senators- Haines Macklin (Teller) Mason Powell Sanders Vigor

And so it was resolved in the affirmative.

Main Question, as amended, agreed to.

Resolution to be reported.

The Acting Deputy-President (Senator Bjelke-Petersen) resumed the Chair; and the Chairman of Committees (Senator Hamer) reported that the Committee had considered Message No. 387 of the House of Representatives, had resolved not to insist upon the amendment disagreed to by the House and had made an alternative amendment to the Bill.

On the motion of Senator Grimes the Report from the Committee was adopted.

And it being 2 p.m.-