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INTERSTATE ROAD TRANSPORT BILL 1985
INTERSTATE ROAD TRANSPORT CHARGE BILL 1985

Order of the Day read for the adjourned debate on the motion, pursuant to Standing Order 196A, of Senator Hamer-That the Interstate Road Transport Bill 1985 and the Interstate Road Transport Charge Bill 1985 be referred to the Standing Committee on National Resources for inquiry and report by the first sitting day in February 1986.

Debate resumed.

Question-put.

The Senate divided

AYES, 27

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

NOES, 33

Senators- Aulich Black Bolkus Childs Coates Colston Cook Crowley Devlin Elstob Foreman Georges Gietzelt Giles Grimes Jones McIntosh (Teller) McKiernan Macklin Maguire Mason Morris Ray, Robert Reynolds Richardson Ryan Sanders Sibraa Siddons Tate Vigor Walsh Zakharov

And so it was negatived.

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

In the Committee

Ordered-That the Interstate Road Transport Bill 1985 be first considered.

INTERSTATE ROAD TRANSPORT BILL 1985-

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

On the motion of Senator Vigor the following amendments were, by leave, taken together, debated and agreed to:

Page 5, after sub-clause 3 (10), insert the following new sub-clause:

""(10A) Notwithstanding sub-section (10), a prescribed fee shall not exceed $100.''.

Pages 20 and 21, sub-clause 27 (1), line 36 (page 20) to line 3 (page 21), leave out the sub-clause, insert the following new sub-clause:

""(1) Subject to this Act, where a court, on application made to it by a Licensing Authority for an order under paragraph (d), is satisfied that-

(a) a person has, after the commencement of this section, on one or more occasions, contravened, attempted to contravene, or been involved in a contravention of, one or more relevant safety provisions; and

(b) it is in the interests of public safety to do so,

the court may-

(c) except where the person has been admonished under this paragraph on 2 occasions in the period of 10 years ending on the day on which the application was made-admonish the person; or

(d) make an order disqualifying the person, either permanently or for a specified period, from participating in long distance interstate transport business.''.

Bill, as amended, agreed to.

INTERSTATE ROAD TRANSPORT CHARGE BILL 1985-

Bill, by leave, taken as a whole.

On the motion of Senator Vigor the following requests to the House of Representatives for amendments were, by leave, taken together, debated and agreed to:

Page 3, clause 5, at end of clause, add the following new sub-clauses:

""(4) The amount of charge in respect of the registration of a motor vehicle shall not exceed $1,000.

""(5) The amount of charge in respect of the registration of a trailer shall not exceed $400.''.

Page 3, after clause 5, insert the following new clause:

Indexation

""5A. (1) In this section-

"index number', in relation to a quarter, means the All Groups Consumer Price Index number, being the weighted average of the 8 capital cities, published by the Australian Statistician in respect of that quarter;

"relevant amount' means-

(a) the amount specified in sub-section 5 (4), being the amount that the amount of charge in respect of the registration of a motor vehicle is not to exceed; or

(b) the amount specified in sub-section 5 (5), being the amount that the amount of charge in respect of the registration of a trailer is not to exceed;

"relevant year' means the period of 12 months commencing on 1 July 1987 and each subsequent period of 12 months.

""(2) Subject to sub-section (3), if at any time, whether before or after the commencement of this section, the Australian Statistician has published or publishes an index number in respect of a quarter in substitution for an index number previously published by the Australian Statistician in respect of that quarter, the publication of the later index number shall be disregarded for the purposes of this section.

""(3) If at any time, whether before or after the commencement of this section, the Australian Statistician has changed or changes the reference base for the Consumer Price Index, then, for the purposes of the application of this section after the change took place or takes place, regard shall be had only to the index numbers published in terms of the new reference base.

""(4) Where the factor ascertained under sub-section (5) in relation to a relevant year is greater than one, this Act has effect as if for each relevant amount there were substituted, on the first day of that relevant year, an amount calculated by multiplying by that factor-

(a) in a case to which paragraph (b) does not apply-the relevant amount; or

(b) if, by virtue of another application or other applications of this section, this Act has effect as if another amount or amounts were substituted for that relevant amount-the substituted amount or the last substituted amount.

""(5) The factor to be ascertained for the purposes of sub-section (4) in relation to a relevant year is the number (calculated to 3 decimal places) ascertained by dividing the index number for the March quarter immediately preceding that relevant year by the index number for the March quarter immediately preceding that first-mentioned March quarter.

""(6) Where the factor ascertained in accordance with sub-section (5) in relation to a relevant year would, if it were calculated to 4 decimal places, end with a number greater than 4, the factor ascertained in accordance with that sub-section in relation to that relevant year shall be taken to be the factor calculated to 3 decimal places in accordance with that sub-section and increased by 0.001.''.

Bill agreed to with requests.

Interstate Road Transport Bill 1985 to be reported with amendments; and the Interstate Road Transport Charge Bill 1985 to be reported with requests.

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

On the motion of the Minister for Veterans' Affairs (Senator Gietzelt) the Report from the Committee was adopted.

On the motion of Senator Gietzelt the Interstate Road Transport Bill 1985 was read a third time.