Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download PDFDownload PDF 

Previous Fragment    Next Fragment

EVIDENCE BILL 1994
EVIDENCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL
1994

Order of the day read for the adjourned debate on the motion of the

Minister for Family Services (Senator Crowley)--That these bills be now

read a second time.

Debate resumed.

Question put and passed.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the

bills.

In the committee

Explanatory memoranda: The Minister for Small Business, Customs and

Construction (Senator Schacht) tabled supplementary explanatory

memoranda [2] relating to the Government amendments to be moved to the

bills.

EVIDENCE BILL 1994--

Bill, taken as a whole by leave, debated.

On the motion of Senator Schacht the following amendments, taken

together by leave, were debated and agreed to:

Clause 59, page 26, note, after "as follows:", insert the following:

" (+) evidence relevant for a non-hearsay purpose (section 60);".

Clause 61, page 27, note, lines 14 to 18, omit the note.

Clause 77, page 35, note, lines 1 to 6, omit the note.

On the motion of Senator Vanstone the following amendments, taken

together by leave, were debated and agreed to:

Clause 118, page 50, line 39, omit "sole", substitute "dominant".

Clause 119, page 51, line 9, omit "sole", substitute "dominant".

Clause 120, page 51, subclause (1), line 22, omit "sole", substitute

"dominant".

Senator Spindler moved the following amendment:

Clause 33, page 14, subclause (1), line 6, after "may", insert ", with

the consent of the defence,".

Debate ensued.

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

Senator Spindler moved the following amendments together by leave:

Clause 128, page 55, line 11, subclause (5), omit "If the court",

substitute "Subject to subsection (5A), if the court".

Clause 128, page 55, after subclause (5), insert the following

subclause:

"(5A) A court must not require a witness to give evidence under this

section if the court considers that it would not be desirable to do so

having regard to:

(a) the harm that might be caused to the witness; and

(b) the likelihood that the evidence to be given would be

unreliable.".

Debate ensued.

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

Senator Spindler moved the following amendment:

Dictionary, page 93, Part 1, definition of "de facto spouse", omit the

definition, substitute the following definition:

"de facto spouse:

(a) of a man, means a person who is living with the man as his

partner on a genuine domestic basis although not married to him;

and

(b) of a woman, means a person who is living with the woman as her

partner on a genuine domestic basis although not married to

her.".

Debate ensued.

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

On the motion of Senator Spindler the following amendment was debated

and agreed to:

Dictionary, page 100, Part 2, clause 10, at end of subclause (2), add

the following word and paragraph:

"; or (c) the person with whom a child is living as if the child

were a member of the person's family".

Senator Harradine moved the following amendments together by leave:

Clause 18, page 9, subclause (6), line 18, omit "A person", substitute

"Subject to section 18A, a person".

After clause 18, page 10, insert the following clause:

Spouse may object to giving evidence

"18A. If the spouse of a defendant in a proceeding objects to giving

evidence or giving evidence of a marital communication the spouse must

not be required to give the evidence.".

Debate ensued.

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

Bill, as amended, agreed to.

EVIDENCE (TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS) BILL

1994--

Bill taken as a whole by leave.

On the motion of Senator Schacht the following amendment was debated and

agreed to:

Clause 3, page 3, subclause (2), line 15, omit "1 January 1995",

substitute "18 April 1995".

Bill, as amended, agreed to.

Bills to be reported with amendments.

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

Temporary Chairman of Committees (Senator Colston) reported accordingly.

On the motion of Senator Schacht the report from the committee was

adopted and the bills read a third time.

At 12.45 p.m.--