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HUMAN RIGHTS (SEXUAL CONDUCT) BILL 1994

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

the whole.

In the committee

Bill, taken as a whole by leave, debated.

Senator Chamarette moved the following amendment:

After clause 3, page 1, insert the following clause:

Interpretation

"3A. In this Act:

"adult' means a person who has reached the age of consent for lawful

sexual intercourse between a man and a women in the State or Territory

where the sexual conduct referred to in section 4, 5 or 6 takes place;

"arbitrary interference with the privacy of sexual conduct' means such

interference within the meaning of Article 17 of the International

Covenant on Civil and Political Rights;

Note: Article 17 of the International Covenant on Civil and Political

Rights is set out in Schedule 2 to the Human Rights and Equal

Opportunity Commission Act 1986.

"sexual conduct' means sexual behaviour:

(a) however described, of the kind prohibited by paragraph 122(a),

or 122(c) or section 123 of the Criminal Code of Tasmania as in

force at the commencement of this Act; and

(b) involving only consenting adults acting in private.".

Debate ensued.

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

The Leader of the Opposition in the Senate (Senator Hill) moved the

following amendment:

Clause 4, page 2, at end of clause, add the following subclauses:

"(3) For the avoidance of doubt, it is declared that this section does

not affect the operation of a law of the Commonwealth, a State or a

Territory relating to:

(a) incest; or

(b) pornographic matter; or

(c) medical practice, including termination of pregnancy; or

(d) prostitution.

"(4) It is not the intention of the Parliament that subsection (3) be

taken as expressly or impliedly providing that this Act affects any

law of the Commonwealth, a State or a Territory other than a law

referred to in subsection (1) as that subsection applies subject to

the declaration in subsection (3).".

Debate ensued.

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

The committee divided--

AYES, 30

Abetz Alston Baume Boswell Brownhill Calvert Campbell Chapman Crichton-Browne Ellison Ferguson Gibson Harradine Hill Kemp Knowles Macdonald, Ian Macdonald, Sandy McGauran Minchin Newman O'Chee Panizza (Teller) Parer Patterson Short Tambling Tierney Troeth Watson

NOES, 33

Beahan Bell Bolkus Bourne Burns Carr Chamarette Childs Coates Collins Colston Crowley Denman Devereux Evans, Christopher Evans, Gareth Faulkner Foreman Forshaw Jones (Teller) Kernot Lees Loosley McKiernan Margetts Ray Reynolds Schacht Sherry Spindler West Woodley Zakharov

Question negatived.

Senator Chamarette moved the following amendments together by leave:

Clause 4, page 2, subclause (2), lines 8 and 9, omit the subclause.

At end of bill, page 2, add the following clauses:

Arbitrary interference with sexual conduct unlawful

"5. It is unlawful for a person to do any act which is, or involves,

an arbitrary interference with the privacy of sexual conduct.

Arbitrary interference with sexual conduct an offence

"6. It is an offence for an officer of the Commonwealth, a State or a

Territory to interfere arbitrarily with the privacy of sexual conduct.

Penalty: $5,000.".

Debate ensued.

Senator Chamarette, by leave, withdrew the amendments.

Bill agreed to.

Bill to be reported without amendment.

The Acting Deputy President (Senator West) resumed the Chair and the

Temporary Chairman of Committees (Senator Zakharov) reported

accordingly.

On the motion of the Minister for Immigration and Ethnic Affairs

(Senator Bolkus) the report from the committee was adopted.

Senator Bolkus moved--That this bill be now read a third time.

Debate ensued.

Question put.

The Senate divided--

AYES, 57

Alston Baume Beahan Bell Bolkus Bourne Brownhill Burns Campbell Carr Chamarette Chapman Childs Coates Colston Crichton-Browne Crowley Denman Devereux Ellison Evans, Christopher Evans, Gareth Faulkner Ferguson Foreman (Teller) Forshaw Gibson Hill Jones Kemp Kernot Knowles Lees Loosley Macdonald, Ian Macdonald, Sandy MacGibbon McKiernan Margetts Minchin Newman Panizza Parer Patterson Ray Reid Schacht Sherry Short Spindler Tambling Tierney Troeth West Woodley Woods Zakharov

NOES, 7

Abetz Boswell Calvert Harradine McGauran O'Chee (Teller) Watson

Question agreed to.

Bill read a third time.