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FINANCIAL MANAGEMENT AND ACCOUNTABILITY BILL 1994
COMMONWEALTH AUTHORITIES AND COMPANIES BILL 1994
AUDITOR-GENERAL BILL 1994
AUDIT (TRANSITIONAL AND MISCELLANEOUS) AMENDMENT BILL 1995

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

committee of the whole.

In the committee

FINANCIAL MANAGEMENT AND ACCOUNTABILITY BILL 1994--

Consideration resumed of clause 36.

Debate resumed.

Question--That clause 36 stand as printed--put.

The committee divided--

AYES, 26

Beahan Bolkus Burns (Teller) Carr Coates Collins Colston Cook Cooney Denman Devereux Evans, Christopher Evans, Gareth Faulkner Forshaw Jones Loosley McKiernan McMullan Murphy Neal Ray Reynolds Schacht Sherry West

NOES, 39

Abetz Baume Bell Boswell Bourne Brownhill Chamarette Chapman Coulter Crichton-Browne Ellison Ferguson Gibson Harradine Herron Hill Kemp Kernot Knowles Lees Macdonald, Ian Macdonald, Sandy McGauran Margetts Minchin Newman Panizza Patterson Reid (Teller) Short Spindler Tambling Teague Tierney Troeth Vanstone Watson Woodley Woods

Clause negatived.

Explanatory memorandum: The Minister for Industry, Science and

Technology (Senator Cook) tabled a supplementary explanatory memorandum

relating to the Government amendment to be moved to the Financial

Management and Accountability Bill 1994.

Clauses 37 to 58, taken together by leave, agreed to.

Clause 59--

The Leader of the Australian Democrats (Senator Kernot) moved the

following amendment:

Clause 59, page 22, after subclause (1), insert the following subclause:

"(1A) Regulations referred to in subsection (1) do not take effect

unless each House of the Parliament in the same session of the

Parliament approves the regulations.".

Debate ensued.

Senator Kernot, by leave, amended her amendment to read as follows:

Clause 59, page 22, after subclause (1), insert the following subclause:

"(1A) Regulations referred to in subsection (1) must not take effect

before the time within which they may be disallowed by each House of

the Parliament has expired.".

Debate continued.

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

Clause 59, as amended, agreed to.

Remainder of bill, taken as a whole by leave, debated and agreed to.

Senator Margetts moved the following amendment:

After clause 7, page 4, insert the following clause:

Powers, privileges and immunities of Parliament not affected

"7A. To avoid doubt, it is declared that nothing in this Act limits

the powers, privileges or immunities of a House of the Parliament, its

members or committees.

Note: This section removes any possible doubt that the Act may limit

the powers of a House of the Parliament or its committees, for

example, the power to order the attendance of witnesses before,

or the production of documents to, a House or a committee.".

Debate ensued.

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

Clause 2, as amended, reconsidered by leave.

Debate ensued.

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

agreed to:

Clause 2, page 1, lines 8 and 9, omit "1996" (wherever occurring),

substitute "1995".

Clause 2, as further amended, agreed to.

COMMONWEALTH AUTHORITIES AND COMPANIES BILL 1994--

Bill, taken as a whole by leave, debated.

Senator Chamarette moved the following amendment:

Before clause 21, page 10, insert the following clause:

Commonwealth authorities, subsidiaries and executive officers to act in

the public interest

"21A.(1) A Commonwealth authority and its subsidiaries must, at all

times, act in the public interest.

"(2) An executive officer of a Commonwealth authority must, at all

times, act in the public interest in the exercise of his or her powers

and the discharge of his or her duties in relation to the authority or

its subsidiaries.

"(3) In this section, "acting in the public interest' includes meeting

the reasonable expectations of the public that:

(a) the authority and its subsidiaries will, over time, and

consistent with their other statutory obligations, act to

maximise the extent to which they benefit the public; and

(b) an executive officer will use his or her best efforts to ensure

that the authority and its subsidiaries act in a safe, ethical,

efficient, effective and accountable manner.".

Debate ensued.

Senator Cook 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 Colston) reported that the

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

again.

Ordered, on the motion of Senator Cook, that the committee have leave to

sit again on the next day of sitting.