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Thursday, 5 December 1974
Page: 3235

The TEMPORARY CHAIRMAN (Senator Devitt - So the Committee is addressing itself to clause 38 in its entirety.

Senator GUILFOYLE - Perhaps I should take a minute or two to explain the reason we have asked that this clause be dealt with in subclauses. I understand that it is competent for the Temporary Chairman of the Committee to rule that a clause may be dealt with by sub-clauses.I believe that it would be in the interests of the Government to accept the proposition that this clause be dealt with in sub-clauses, because if the clause is referred to it will be seen that clause 38 (a) deals with section 91 of the principal Act and is related to the deletion from sub-section (3) of the words 'under the age of sixteen years' wherever occurring. That sub-clause is acceptable to the Opposition.

I may point out that sub-clause (b) is quite a different matter and has no reference to subclause (a). It is simply in clause 38 because it also is referred to in section 91 of the principal Act. These are quite unrelated matters. If the Minister is prepared to accept that these 2 sub-clauses be dealt with separately, I indicate that the Opposition would concur with clause 38 (a) but we would be voting against clause 38 (b). If the Government is unable to proceed in that way, we will have no alternative but to vote against clause 38 entirely.

Senator Wheeldon - If I may intervene, Mr Temporary Chairman, after further discussion with my advisers, I indicate that the Government will accept the proposition that the clause be taken seriatim.

The TEMPORARY CHAIRMAN To put the matter in its proper perspective I ought to ask the Committee whether it would agree to taking the clause in the manner suggested, that is, subclause (a) and sub-clause (b) separately. Is leave granted for the Committee to deal with clause 38 (a) and clause 38 (b) separately? There being objection, leave is not granted. Therefore the Committee will be dealing with the clause in its entirety.

Senator GUILFOYLE - Was a vote called for?

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