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TAXATION LAWS AMENDMENT BILL (NO. 4) 1993

Order of the day read for the further consideration of the bill in

committee of the whole.

In the committee

Consideration resumed of the amendment moved by Senator Coulter (see

entry no. 31).

Debate resumed.

Question--That the amendment be agreed to--put.

The committee divided--

AYES, 10

Bell Bourne (Teller) Chamarette Coulter Harradine Kernot Lees Margetts Spindler Woodley

NOES, 46

Baume Beahan Boswell Brownhill Burns Carr Chapman Childs Colston Denman Devereux Ellison Evans, Christopher Ferguson Foreman Gibson Herron Hill Jones Kemp Knowles Loosley Macdonald, Ian Macdonald, Sandy MacGibbon McGauran McKiernan Minchin Murphy Neal Newman O'Chee Panizza (Teller) Parer Patterson Reynolds Sherry Short Tambling Tierney Troeth Vanstone Watson West Woods Zakharov

Question negatived.

Clauses 57 to 70, taken together by leave, agreed to.

Clauses 71 to 77, taken together by leave, agreed to.

Clauses 78 and 79 taken together by leave.

On the motion of the Parliamentary Secretary to the Minister for Primary

Industries and Energy (Senator Sherry) the following amendments, taken

together by leave, were agreed to:

Clause 78, page 36, lines 2 to 5, omit the clause, substitute the

following clause:

Object of Division

"78. The object of this Division is to allow employers in the maritime

industry who contribute to the Seafarers' Retirement Fund to use the

notional earnings base.".

Clause 79, page 36, lines 6 to 16, omit the clause, substitute the

following clauses:

Interpretation: notional earnings base where employer contributing to

superannuation fund for benefit of employee immediately before 21 August

1991

"79. Section 13 of the Principal Act is amended by inserting after

paragraph (a) of the definition of "reference earnings' in subsection

(5) the following paragraph:

"(aa) if the employer is contributing for the benefit of the employee

in relation to a contribution period to the superannuation fund

known as the Seafarers' Retirement Fund that was established by

a trust deed on 3 May 1973--the benchmark rate stated in the

trust deed; and'.

Insertion of new section

"79A. After section 13 of the Principal Act the following section is

inserted:

Interpretation: notional earnings base where employer contributing to

Seafarers' Retirement Fund

"13A.(1) This section deals with the meaning of the expression

"notional earnings base" in relation to an employee if:

(a) an employer is contributing for the benefit of the employee in

relation to a contribution period to the superannuation fund

known as the Seafarers' Retirement Fund that was established by

a trust deed on 3 May 1973; and

(b) the employer was not so contributing immediately before 21

August 1991; and

(c) section 13 would apply in relation to the employee if the

employer had been so contributing immediately before that date.

"(2) The expression "notional earnings base" has, in relation to the

employee, the same meaning as in section 13.'.

Application of amendments

"79B. The amendments made by sections 79 and 79A have effect as if

those sections had commenced on 1 July 1992, immediately after the

commencement of the Principal Act.'.".

Clauses 78 and 79, as amended, agreed to.

Clauses 80 and 81, taken together by leave, debated and agreed to.

Clauses 82 to 91, taken together by leave, agreed to.

Postponed clause 2--

Documents: Senator Sherry tabled the following documents:

Taxation Laws Amendment Bill (No. 4) 1993--Senate Requests--Copies

of--

Advice from First Assistant Parliamentary Counsel (K E Jones),

Office of Parliamentary Counsel, Attorney-General's Department to

Commissioner of Taxation, dated 23 March 1994 and attached

documents--

Constitution, Section 53--Opinion of Sir Robert Garran dated 13

April 1950.

Letter from the Solicitor-General (Sir Kenneth Bailey) to Sir

Robert Garran dated 21 April 1950.

Office of Parliamentary Counsel--Drafting Direction No. 15 of 1993

dated 24 December 1993--Senate amendments and requests.

Taxation Laws Amendment (Rates and Provisional Tax) Bill

1990--Advice from the Attorney-General (The Hon. Michael Duffy) to

the Parliamentary Secretary to the Treasurer (Senator Bob

McMullan), dated 21 November 1990.

Advice from Mr P Lahy, Counsel, Office of General Counsel,

Attorney-General's Department to Commissioner for Taxation, dated 23

March 1994.

Clause 2 debated.

Senator Sherry moved--That the committee report progress and ask leave

to sit again.

Question put and passed.

The Deputy President (Senator Crichton-Browne) resumed the Chair and the

Temporary Chairman of Committees (Senator Herron) reported that the

committee had considered the bill, made progress and asked leave to sit

again.

Ordered, on the motion of Senator Sherry, that the committee have leave

to sit again on the next day of sitting.