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DEFENCE ACTS AMENDMENT BILL 1981

Order of the Day read for the adjourned debate on the Question--That this bill be now read a second time.

Debate resumed.

Question--put and passed.

Bill read a second time.

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee

Clauses 1 to 4, by leave, taken together and agreed to.

Senator Mason moved an amendment, viz: Page 2, after clause 4, insert the following new clause:

""4A. Section 50C of the Principal Act is repealed and the following section substituted:

"50C. (1) Members of the Defence Force may be required to serve within the territorial limits of Australia.

"(2) Subject to sub-section (3), members of the Defence Force may not be required to serve beyond the territorial limits of Australia except in accordance with a resolution agreed to by each House of the Parliament authorizing the service.

"(3) The Governor-General may by proclamation declare that an emergency exists requiring the service beyond the territorial limits of Australia of members of the Defence Force, and such service may be required in accordance with such a proclamation.

"(4) if the Parliament is not in session when a proclamation under sub- section (3) is made, it shall be summoned to meet within 2 days after the making of the proclamation.

"(5) If the Parliament is in session when a proclamation under sub-section (3) is made, but either House of the Parliament is adjourned for an indefinite period of time or for a period of time which will expire more than 2 days after the making of the proclamation, the Presiding Officer of that House within the meaning of the Parliamentary Presiding Officers Act 1965, or the person who is deemed to be the Presiding Officer of that House for the purpose of that Act, shall summon that House to meet within 2 days after the making of the proclamation, notwithstanding anything contained in the resolution of adjournment of that House.

"(6) A proclamation made under sub-section (3) shall cease to have effect on the day next succeeding the day on which the Parliament next meets after the making of the proclamation.

"(7) For the purpose of this section, service beyond the territorial limits of Australia does not include service by members of the Defence Force--

(a) pursuant to their temporary attachment as provided by section 116B; (b) as part of an Australian diplomatic or consular mission;

(c) on an Australian vessel or aircraft not engaged in hostilities or in operations during which hostilities are likely to occur;

(d) for the purpose of their education or training; or

(e) for purposes related to the procurement of equipment or stores.'.''.

Senator Evans moved an amendment to the proposed amendment, viz:

Proposed new clause 4A, proposed new section 50C, sub-section (2), leave out ""each House of the Parliament'', insert ""the House of Representatives''.

Debate ensued.

Question--That the words proposed to be left out be left out (Senator Evans' amendment)--put.

The Committee divided--

AYES, 24

Senator-- Senator-- Button Keeffe Childs McClelland Coates McIntosh Coleman McLaren Colston Mulvihill Elstob Primmer Evans Ray, Robert Georges Ryan Gietzelt Tate Giles Walsh Grimes Hearn Teller: Jones Robertson

NOES, 34

Senator-- Senator-- Archer MacGibbon Baume Macklin Bjelke-Petersen Martyr Bonner Mason Carrick Messner Chaney Missen Chipp Reid Collard Scott Crichton-Browne Siddons Durack Teague Guilfoyle, Thomas Dame Margaret Townley Haines Walters Hamer Watson Harradine Withers Hill Young Jessop Teller: Lajovic Kilgariff

Amendment negatived accordingly.

Question--That the words proposed to be inserted be inserted (Senator Mason's amendment)put and negatived.

Remainder of Bill, by leave, taken as a whole.

Senator Evans, by leave, moved the following amendments together:

Page 3, clause 8, proposed new section 116A, sub-section (2), line 19, at end of sub-section, add ""being a country which has before the making of such declaration enacted legislative provisions having equivalent effect to the provisions of this Part in respect of members of the Defence Force''.

Page 5, clause 8, proposed new section 116C, sub-section (5), line 18, after ""section'', insert ""and subject to sub-section (5A)''.

Page 5, clause 8, proposed new section 116C, after sub-section (5), insert the following new sub-section:

"" "(5A) (a) Where the Governor-General or an authorized person makes an order under sub-section (5), the order shall be laid before each House of the Parliament within 5 sitting days of that House after the making of the order.

(b) Any order which is not laid before each House of the Parliament in accordance with paragraph (a) shall be void and of no effect.

(c) An order laid before each House of the Parliament in accordance with paragraph (a) shall be deemed to have been revoked at the

expiration of 10 days after the order has been laid before both Houses of the Parliament unless each House of the Parliament has by resolution declared that the order is approved.''.

Page 6, clause 8, proposed new section 116F, add the following new sub-section:

"" "(2) An authorized officer shall not issue a warrant under sub-section (1) unless he is satisfied on reasonable grounds that the person who is the subject of the warrant became an absentee without leave within the period of 2 years preceding the request referred to in that sub-section.''.

Page 7, clause 8, proposed new section 116H, after sub-section (3), insert the following new sub-section:

"" "(3A) (a) A warrant issued under sub-section (3) shall not be executed within 30 days after the warrant is issued.

(b) Within 30 days after a warrant is issued under sub-section (3), an application may be made to the Administrative Appeals Tribunal for a review of the decision by the Minister to issue the warrant, and a warrant which is the subject of such an application shall not be executed until the application has been determined.''.

Debate ensued.

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

Bill agreed to.

Bill to be reported without amendment.

The Acting Deputy-President (Senator Townley) resumed the Chair; and the Chairman of Committees (Senator McClelland) reported accordingly.

On the motion of the Attorney-General (Senator Durack) the Report from the Committee was adopted, and the Bill read a third time.