George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Hansard source

I thank the Leader of the Government in the Senate for his courtesy in this regard. That then is the way we will proceed. In view of the time there are two other amendments which are on the sheet circulated in my name—

The TEMPORARY CHAIRMAN (13:55): I think perhaps you should postpone consideration of amendments (2), (3) and (5) before moving on to the next one.

I accept your guidance because the opposition wants to consider its position in relation to amendments (4) and (6). Amendments (2), (3) and (5) are, and I think it is uncontroversial, consequential upon amend­ment No. (1) which was the subject of the division which has just been held. I seek leave to speak to amendments (2), (3) and (5) together.

Leave granted.

I am mindful of the time. Let me just say this: amendment (2) is essentially a renumbering amendment which would reflect the shape of the act in the event that the principal opposition amendment—that is, the deletion of item 18—were to have been carried. Amendment (3) is also essentially a renumbering amendment which again would reflect the shape of the act in the event that if opposition amendment (1) were to be carried out, item 18 would be deleted from the bill.

Once again, opposition amendment (5) which would omit from item 65, which itself is a series of amendments to section 41A(2) of the act, would take the form of taking from section 41A(2) those words which would only have been introduced if amendment (1) which is, if I may describe it as such, the 'head' amendment were to be carried. What I anticipate will happen is that the Senate, as indicated by the Leader of the Government after taking note, will recommit the vote. The coalition senator concerned will, I anticipate in conformity with the courtesies and protocols of this place, make a brief explanation for his unintended absence. I am sure there was a confusion of some kind and, in the event that the opposition's principal amendment were to succeed on an equality of votes, then I would not anticipate there to be any controversy about opposition amendments (2), (3) and (5) which I imagine would be allowed to go through on the voices. That is where it stands at the moment and I do not know that I can take the matter any further. I am mindful of the time and I am mindful in particular that question—