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SEX DISCRIMINATION BILL 1983 (NO. 2)

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

In the Committee

Consideration resumed of clauses 5 and 6, and of the amendments moved thereto by Senator Martin, viz: Page 6, clause 5, sub-clause (1), line 13, at end of sub-clause, add ''and the less favourable treatment is not reasonable in the circumstances''.

Page 6, clause 6, sub-clause (1), line 36, at end of sub-clause, add ''and the less favourable treatment is not reasonable in the circumstances''.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 23

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Jessop Kilgariff Lewis Martin Messner Missen Reid (Teller) Scott Townley Walters Watson

NOES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones McClelland Macklin Maguire Mason Primmer Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh

Amendments negatived accordingly.

Senator Walters moved an amendment, viz: Page 7, clause 6, after sub-clause (2), add the following sub-clause: ''(3) Where a person who is married and who is not engaged in remunerated employment is, by reason of those conditions, treated less favourably, in circumstances that are the same or are not materially different, than another person to whom either of those conditions does not apply, that first-mentioned person shall be taken to have been discriminated against on the ground of the marital status of that first-mentioned person.''.

Debate ensued.

Question-That the words proposed to be added be added-put and negatived.

Clauses 5 and 6 agreed to.

Clauses 7 and 8, by leave, taken together and agreed to.

Clauses 9 to 11, by leave, taken together.

Senator Martin, by leave, moved the following amendments together: Page 8, clause 9, sub-clause (10), lines 32 to 35, leave out the sub-clause.

Page 10, clause 9, at end of clause, add the following new sub-clause: ''(21) The prescribed provisions of Part II shall not have effect except as aforesaid and shall not otherwise rely upon the Convention for their effect and application.''.

Page 10, clause 10, sub-clause (1), lines 8 to 10, leave out the sub-clause.

Page 10, clause 11, sub-clause (1), lines 35 and 36, leave out the sub-clause.

Debate ensued.

Question-That the amendments be agreed to-put.

The Committee divided-

AYES, 23

Senators- Archer Baume Bjelke-Petersen Boswell Carrick, Sir John Chaney Collard (Teller) Crichton-Browne Durack Guilfoyle, Dame Margaret Hamer Harradine Jessop Kilgariff Lewis Martin Messner Missen Reid Scott Townley Walters Watson

NOES, 29

Senators- Bolkus Childs Chipp Coates Coleman Colston Cook Crowley Elstob Evans, Jack Foreman Georges Gietzelt Giles Grimes Haines Hearn Jones McClelland Macklin Maguire Mason Primmer Reynolds Robertson (Teller) Ryan Sibraa Tate Walsh Amendments negatived accordingly. Clauses 9 to 11 agreed to. Clauses 12 and 13, by leave, taken together and agreed to. Clause 14 read- Senator Harradine moved an amendment, viz: Page 12, sub-clause (3), line 12, after ''sex'', insert ''or marital status''. Debate ensued. Question-That the words proposed to be inserted be inserted-put and negatived. Clause 14 agreed to. Clauses 15 to 21, by leave, taken together and agreed to. Clause 22 read- Senator Harradine moved an amendment, viz: Page 15, after sub-clause (1), insert the following sub-clause: ''(1A) Nothing in Division 1 or 2 renders it unlawful for a person- (a) to refuse to carry out or participate in carrying out the termination of a pregnancy; (b) to refuse to provide goods or make available facilities for the termination of a pregnancy; or (c) to refuse to provide goods, services or facilities for or in relation to the performance of any medical or surgical procedure which that person genuinely believes to be morally wrong.''. Debate ensued.

And it being 12 noon: The Chairman of Committees (Senator Hamer), pursuant to Order, left the Chair and reported to the Senate.

The President resumed the Chair; and Senator Hamer reported accordingly.