Glenn Sterle (WA, Australian Labor Party, Shadow Assistant Minister for Road Safety) Share this | Hansard source

The time allotted for consideration of this bill has expired. I will now put the questions required to conclude consideration of the bill. I will deal first with the government amendments on sheet RC114 and the amendments to those amendments circulated by the Australian Greens, which can be found on sheet 8837 revised.

The CHAIR: The question is that the amendments to government amendments (9) and (11), circulated by the Australian Greens on sheet 8837 (revised), be agreed to.

Australian Greens' circulated amendments—

(1) Amendment (9), item 11, paragraph 223(1)(a), omit "a designated finding within the meaning of paragraph 9C(1)(a) (criminal) is made", substitute "2 or more designated findings within the meaning of paragraph 9C(1)(a) (criminal) are made".

(2) Amendment (9), item 11, omit subparagraph 223(1)(b)(i), substitute:

     (i) 2 or more designated findings within the meaning of paragraph 9C(1)(b) (civil) have been made against any organisation within the last 7 years in relation to conduct engaged in while the person is an officer of the organisation; and

(3) Amendment (9), item 11, subparagraph 223(1)(b)(ii), omit "least 180 penalty units", substitute "least 210 penalty units".

(4) Amendment (11), item 11, omit paragraph 223(3A)(a), substitute:

  (a) 2 or more designated findings within the meaning of paragraph 9C(1)(b) (civil) have been made against any organisation within the last 7 years in relation to conduct engaged in while the person is an officer of the organisation; and

(5) Amendment (11), item 11, paragraph 223(3A)(b), omit "least 900 penalty units", substitute "least 1,100 penalty units".

(6) Amendment (11), item 11, after subsection 223(3A), insert:

  (3B) For the purposes of paragraph (3)(c) or (3A)(c), in determining whether a person failed to take reasonable steps to prevent the conduct mentioned in paragraph (3)(a) or (3A)(a), regard must be had to the office held by the person in the organisation when the conduct occurred.