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Thursday, 6 December 1973
Page: 2602

Senator GREENWOOD (Victoria) - by leave- I move:

In clause 3-

Omit ' "hearing" means a hearing conducted under section 28'.

Omit ' "proceedings", in relation to a hearing, includes the evidence taken at the hearing'.

The omissions are necessary because certain clauses will be deleted. Therefore, the definitions are unnecessary. I also move:

In clause 6, sub-section (1), after the word 'AttorneyGeneral', add 'whether at the suggestion of the Commission or otherwise'.

The amendment gives a power of initiation to the Law Reform Commission. It reserves to the Attorney-General the power to decide what the Commission shall do. I move:

In clause 8, omit sub-clause ( 1 ).

The power of the Attorney-General to require the Commission to comply with any directions will be removed by this amendment. I referred to this matter during the second reading of the debate. I move:

In clause 11, after sub-clause (4), insert the following subclause: (4a) The holder of a judicial office shall not be appointed as a full- time member (other than the Chairman) unless the Chairman is the holder of a judicial office'.

The amendment will protect, it is thought, the position of any judge who is a member of the Commission. I move:

Omit clauses 28 to 36 inclusive.

Those clauses relate to a hearing which had the features to which I drew attention and about which I expressed objection during the second reading debate. They will be deleted entirely. I move:

In clause 46, omit all words after 'Act', third appearing.

Those words have no relevance in the light of earlier amendments. The only amendments still remaining are those relation to proposed new clause 6a and the definition of the International Covenant on Civil and Political Rights.

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