Fines Enforcement and Debt Recovery Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 2, page 5, line 6—Delete 'This Act will come into operation on a day to be fixed by proclamation.' and substitute:

(1) Subject to subsection (2), this Act will come into operation on the day on which it is assented to by the Governor.

(2) Sections 3 to 76 (inclusive) and Schedule 1 clauses 1 to 33 (inclusive) will come into operation on a day to be fixed by proclamation.

No. 2. Clause 3, page 5, after line 8 [clause 3(1)]—Before the definition of authorised officer insert:

approved treatment program means a treatment program of a prescribed kind that has been approved by the Minister for the purposes of this definition;

approved treatment program manager means a person who has general oversight of approved treatment programs and coordinates the implementation of relevant court orders and relevant determinations of the Chief Recovery Officer (and includes a delegate of such a person);

No. 3. Clause 3, page 6, line 5 [clause 3(1), definition of case manager]—Delete 'intervention' and substitute 'approved treatment'

No. 4. Clause 3, page 6, line 13 [clause 3(1), definition of debtor]—After 'means' insert:

(other than in Part 8)

No. 5. Clause 3, page 6, lines 18 to 29 [clause 3(1), definitions of intervention program and intervention program manager]—Delete the definitions

No. 6. Clause 3, page 7, lines 6 to 13 [clause 3(1), definition of pecuniary sum]—Delete the definition and substitute:

pecuniary sum means an amount payable pursuant to an order or direction of a court in proceedings relating to an offence, and includes—

(a) a fine; and

(b) compensation; and

(c) costs; and

(d) a sum payable pursuant to a bond or to a guarantee ancillary to a bond; and

(e) a VIC levy imposed on a person on conviction of an offence;

No. 7. Clause 3, page 7, after line 15 [clause 3(1), definition of personal details]—After paragraph (a) insert:

(ab) any former name of the person (including, if relevant, the person's maiden name); and

(ac) any alias of the person; and

No. 8. Clause 3, page 7, after line 18 [clause 3(1), definition of personal details]—After paragraph (d) insert:

(da) any former residential address of the person in the previous 5 years; and

No. 9. Clause 8, page 9, line 33—After 'payable is' insert:

to be taken for the purposes of this Act to be

No. 10. Clause 8, page 9, after line 35—Insert:

(2) Subsection (1) does not limit the ability of a person to take action to recover a sum due and payable to the person.

No. 11. Clause 11, page 11, lines 29 to 31—

Delete 'imposed by order of a court is payable within 28 days from (and including) the day on which the order was made.' and substitute:

is payable within 28 days from (and including)—

(a) in the case of a pecuniary sum imposed by order of a court—the day on which the order was made; and

(b) in the case of a VIC levy imposed on a person on conviction of an offence—the day on which the person was sentenced for the offence.

No. 12. Clause 12, page 12, after line 8—After subclause (2) insert:

(3) Unless the Chief Recovery Officer determines otherwise, if more than 1 pecuniary sum is payable by a debtor, an amount paid in accordance with subsection (2) is to be taken to have been deducted from the pecuniary sum that the debtor was first ordered to pay and then, if necessary, from the pecuniary sum that the debtor was next ordered to pay, and so on so that deductions are taken to be made from each successive pecuniary sum in chronological order.

No. 13. Clause 15, page 13, line 21 [clause 15(5)(g)]—Delete 'intervention' and substitute 'approved treatment'

No. 14. Clause 15, page 13, line 30 [clause 15(7)]—Delete 'intervention' and substitute 'approved treatment'

No. 15. Clause 15, page 14, line 30 [clause 15(13)]—Delete 'intervention' and substitute 'approved treatment'

No. 16. Clause 16, page 15, after line 13 [clause 16(1)]—After paragraph (b) insert:

(ba) the debtor has not, since the commission of the offence, been charged with, or been alleged to have committed, a further offence against that section; and

No. 17. Clause 20, page 18, line 2 [clause 20(6)(g)]—Delete 'intervention' and substitute 'approved treatment'

No. 18. Clause 20, page 18, line 14 [clause 20(8)]—Delete 'intervention' and substitute 'approved treatment'

No. 19. Clause 20, page 19, line 20 [clause 20(14)]—Delete 'intervention' and substitute 'approved treatment'

No. 20. Clause 21, page 20, after line 19 [clause 21(1)]—After paragraph (b) insert:

(ba) the alleged offender has not, since the commission of the alleged offence, been charged with, or been alleged to have committed, a further offence against that section; and

No. 21. Clause 22, page 22, line 3 [clause 22(10)(b)]—After 'relates' insert:

(other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act)

No. 22. Clause 22, page 22, line 6 [clause 22(10)(c)]—After 'Expiation of Offences Act 1996' insert:

(other than because the alleged offender did not receive an expiation notice or an expiation reminder notice as required under that Act)

No. 23. Clause 22, page 22, after line 17—After subclause (10) insert:

(10a) The Chief Recovery Officer may only revoke an enforcement determination on a ground referred to in subsection (10)(b) or (c) if satisfied that there are exceptional circumstances that justify the alleged offender's failure to make an election, or to apply for a review, under the Expiation of Offences Act 1996.

No. 24. Clause 22, page 22, after line 24—After subclause (11) insert:

(11a) If the Chief Recovery Officer revokes an enforcement determination on the ground referred to in subsection (10)(b), a prosecution can be commenced for the alleged offence or offences within 6 months of the day on which the determination was revoked despite the fact that the time for the commencement of the prosecution may have already otherwise expired.

No. 25. Clause 22, page 22, lines 25 to 36 [clause 22(12)]—Delete subclause (12) and substitute:

(12) If—

(a) the Chief Recovery Officer revokes an enforcement determination on a ground referred to in subsection (10)(b) or (c); and

(b) —

(i) the alleged offender does not, within 14 days of being informed of the revocation—

(A) elect under section 8 of the Expiation of Offences Act 1996 to be prosecuted for the offence; or

(B) apply under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates on the ground that the offence is trifling; or

(ii) the alleged offender applies under section 8A of the Expiation of Offences Act 1996 for review of the expiation notice to which the determination relates but the issuing authority determines not to withdraw the expiation notice,

the Chief Recovery Officer may make a further enforcement determination in relation to the expiation notice.

No. 26. Clause 24, page 25, line 6—After 'been revoked, ' insert 'to be taken for the purposes of this Act to be'

No. 27. Clause 24, page 25, after line 8—Insert:

(2) Subsection (1) does not affect the operation of section 17(2) or (3) of the Expiation of Offences Act 1996.

No. 28. Clause 25, page 25, line 18 [clause 25(2)(b)]—After 'charge on' insert 'an interest in'

No. 29. Clause 28, page 26, after line 34—After subsection (4) insert:

(4a) Any power that the Chief Recovery Officer may exercise under this Act in relation to an expiation notice of this jurisdiction may be exercised by the Chief Recovery Officer in relation to an expiation notice of another jurisdiction if the exercise of the power is authorised under a multi-jurisdictional agreement.

(4b) If an authority of a participating jurisdiction is authorised under a multi-jurisdictional agreement to exercise or perform functions or powers under this Act or the Expiation of Offences Act 1996, the authority will be taken to be the Chief Recovery Officer, and to have the functions and powers of the Chief Recovery Officer, when acting under the agreement.

No. 30. Clause 30, page 27, line 21 [clause 30(1)]—Delete 'contact' and substitute 'personal'

No. 31. Clause 33, page 28, line 7 [clause 33(1)]—After 'charge over' insert 'the interest of a debtor in'

No. 32. Clause 33, page 28, line 8 [clause 33(1)]—Delete 'a debtor' and substitute 'the debtor'

No. 33. Clause 33, page 28, line 13 [clause 33(2)]—After 'charge over' insert 'the interest of the alleged offender in'

No. 34. Clause 33, page 28, after line 14—After subclause (2) insert:

(2a) Any number of pecuniary sums or amounts due under expiation notices may be aggregated for the purposes of exercising powers under this section.

No. 35. Clause 33, page 28, line 16 [clause 33(3)]—After 'Register Book' insert 'or the Register of Crown Leases'

No. 36. Clause 33, page 28, line 17 [clause 33(3)]—After 'created over' insert 'the interest of the debtor or alleged offender in'

No. 37. Clause 33, page 28, line 20 [clause 33(4)(a)]—After 'affecting' insert 'the interest of the debtor or alleged offender in'

No. 38. Clause 33, page 28, line 31 [clause 33(4)(a)(iv)]—After 'conveyance' insert 'or transfer'

No. 39. Clause 33, page 28, line 35 [clause 33(4)(b)]—After 'respect of' insert 'the interest of the debtor or alleged offender in'

No. 40. Clause 33, page 29, lines 3 to 6 [clause 33(6)]—Delete subclause (6) and substitute:

(6) If an instrument registered under subsection (4)(a) has the effect of conveying or transferring the interest of the debtor or alleged offender in the land to another person, the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must take whatever action the Registrar-General considers appropriate to give effect to the cancellation.

No. 41. Clause 36, page 30, line 26 [clause 36(2)(f)]—Delete 'real or'

No. 42. Clause 36, page 30, after line 27 [clause 36(2)]—After paragraph (f) insert:

and

(g) sell the interest of the debtor or alleged offender in real property owned (whether solely or as co-owner) by the debtor or alleged offender.

No. 43. Clause 36, page 31, line 2 [clause 36(3)(d)]—After 'respect of' insert 'an interest of a debtor or alleged offender in'

No. 44. Clause 36, page 31, after line 7—After subclause (3) insert:

(3a) If the Chief Recovery Officer determines under this section to sell an interest in real property of the debtor or alleged offender—

(a) the Officer must provide the Registrar-General with written notification of the determination; and

(b) the Registrar-General must note the determination in the Register Book or the Register of Crown Leases; and

(c) the determination will be taken to be a mortgage registered under the Real Property Act 1886 on the day that it is provided to the Registrar-General.

No. 45. Clause 36, page 32, line 20 [clause 36(15)]—After 'sale of' insert 'an interest in'

No. 46. Clause 36, page 32, lines 22 to 32 [clause 36(16) to (18)]—Delete subclauses (16) to (18) (inclusive)

No. 47. Clause 40, page 35, line 20 [clause 40(2)(b)]—After 'Motor Vehicles' insert 'and the Commissioner of Police'

No. 48. Clause 40, page 35, line 31 [clause 40(4)(a)]—After 'Motor Vehicles' insert 'and the Commissioner of Police'

No. 49. Clause 40, page 35, after line 37—After subclause (5) insert:

(6) The Chief Recovery Officer must notify prescribed officers of other States and Territories of determinations made under this section.

No. 50. Clause 41, page 36, lines 11 to 14 [clause 41(3)]—Delete subclause (3) and substitute:

(3) The Chief Recovery Officer may exercise powers under this section in relation to a vehicle without notice to the debtor or alleged offender if—

(a) the debtor or alleged offender is the only registered owner of the vehicle; or

(b) the Chief Recovery Officer has made reasonable attempts to notify each registered owner of the vehicle (other than the debtor or alleged offender) of the Officer's intention to exercise those powers.

No. 51. Clause 43, page 40, after line 19—After subclause (10) insert:

(11) In this section—

public place includes a road and a road-related area (both within the meaning of the Motor Vehicles Act 1959).

No. 52. Clause 46, page 41, line 14 [clause 46(1)(b)]—Delete 'intervention' and substitute 'approved treatment'

No. 53. Clause 46, page 42, line 2 [clause 46(6)]—Delete 'intervention' and substitute 'approved treatment'

No. 54. Clause 46, page 42, line 38 [clause 46(12)]—Delete 'intervention' and substitute 'approved treatment'

No. 55. Clause 46, page 42, line 40 [clause 46(13)]—Delete 'intervention' and substitute 'approved treatment'

No. 56. Clause 46, page 43, line 3 [clause 46(14)(a)]—Delete 'intervention' and substitute 'approved treatment'

No. 57. Clause 46, page 43, line 8 [clause 46(15)(a)]—Delete 'intervention' and substitute 'approved treatment'

No. 58. Clause 46, page 43, line 9 [clause 46(15)(a)(i)]—Delete 'intervention' and substitute 'approved treatment'

No. 59. Clause 46, page 43, line 15 [clause 46(15)(b)]—Delete 'intervention' and substitute 'approved treatment'

No. 60. Clause 47, page 43, line 20 [clause 47(1)]—Delete 'intervention' and substitute 'approved treatment'

No. 61. Clause 47, page 43, line 29 [clause 47(3)]—Delete 'intervention' and substitute 'approved treatment'

No. 62. Clause 47, page 43, line 33 [clause 47(4)]—Delete 'intervention' and substitute 'approved treatment'

No. 63. Clause 47, page 44, line 2 [clause 47(6)]—Delete 'intervention' and substitute 'approved treatment'

No. 64. Clause 47, page 44, line 14 [clause 47(8)]—Delete 'intervention' and substitute 'approved treatment'

No. 65. Clause 47, page 44, line 21 [clause 47(8)(b)(i)]—Delete 'intervention' and substitute 'approved treatment'

No. 66. Clause 47, page 44, line 25 [clause 47(8)(b)(ii)]—Delete 'intervention' and substitute 'approved treatment'

No. 67. Clause 47, page 44, line 29 [clause 47(8)(b)(iv)]—Delete 'intervention' and substitute 'approved treatment'

No. 68. Clause 47, page 44, line 31 [clause 47(8)(b)(iv)]—Delete 'completed' and substitute 'uncompleted'

No. 69. Clause 47, page 44, line 33 [clause 47(9)]—Delete 'intervention' and substitute 'approved treatment'

No. 70. Clause 46, page 43, line 15 [clause 46(15)(b)]—Delete 'intervention' and substitute 'approved treatment'

No. 71. Clause 48, page 45, after line 8 [clause 48(1)]—After the definition of Court insert:

debt means an amount of money owed to a public authority that is recoverable in a court of competent jurisdiction, but does not include a pecuniary sum or an amount payable under an expiation notice;

No. 72. Clause 49, page 45, after line 33—After subclause (1) insert:

(1a) A notification under subsection (1)—

(a) must not be given unless the public authority has provided the debtor with an invoice for, and given the debtor a reasonable opportunity to pay, the alleged debt; and

(b) must include advice to the Chief Recovery Officer as to whether the debtor is under a legal disability and, if so, the name of a person representing, or acting on behalf of, the debtor.

No. 73. Clause 49, page 46, line 1 [clause 49(2)]—After 'subsection (1)' insert 'and is satisfied that the requirements of subsection (1a)(a) have been met'

No. 74. Clause 50, page 46, line 20 [clause 50(2)]—After 'this section' insert 'and bears the onus of proving, on the balance of probabilities, that the debt is owed by the debtor'

No. 75. Clause 50, page 46, after line 22—After subclause (3) insert:

(3a) The Court may, in the Court's discretion, extend the time for making an application under this section even if the time for making the application has ended.

No. 76. Clause 50, page 46, after line 25—After subclause (4) insert:

(5) No fee is payable on an application under this section.

No. 77. Clause 51, page 46, lines 30 to 34 [clause 51(1)(a) and (b)]—Delete paragraphs (a) and (b) and substitute:

(a) the debtor is taken under subsection (1a) to have admitted liability for the debt; or

No. 78. Clause 51, page 46, after line 36—After subclause (1) insert:

(1a) A debtor will be taken to have admitted liability for a debt to which a civil debt determination relates if—

(a) the debtor has not—

(i) within 1 month of receiving the determination—entered into an arrangement under section 57; or

(ii) within the time allowed under section 50—made application to the Court for the determination to be varied or revoked; or

(b) an arrangement entered into with the Chief Recovery Officer under section 57 has terminated.

No. 79. Clause 53, page 47, after line 20—After subclause (1) insert:

(1a) In proceedings under this section, the Chief Recovery Officer bears the onus of proving the correctness of the decision.

No. 80. Clause 53, page 47, after line 33—After subclause (5) insert:

(6) No fee is payable on an application under this section.

No. 81. Clause 61, page 51, line 17 [clause 61(9)]—After 'debtor' insert 'conducted in accordance with procedures prescribed by rules of the Court'

No. 82. Clause 61, page 51, lines 22 to 24 [clause 61(10)]—Delete subclause (10) and substitute:

(10) If payment of the debt or all arrears of instalments (as the case requires) is made—

(a) the Chief Recovery Officer must issue a certificate certifying that the payment has been made; and

(b) the debtor must be discharged from custody even though the period of imprisonment has not expired.

No. 83. Clause 62, page 52, line 4 [clause 62(4)]—Delete 'order' and substitute 'determination'

No. 84. Clause 62, page 52, after line 37—After subclause (13) insert:

(13a) Subsections (12) and (13) do not apply to a garnishee if the garnishee has not been notified of the determination.

No. 85. Clause 63, page 53, line 17 [clause 63(3)(d)]—After 'sell any' insert 'personal'

No. 86. Clause 63, page 53, after line 18 [clause 63(3)]—After paragraph (d) insert:

and

(e) sell an interest of the debtor in land to which the determination relates.

No. 87. Clause 63, page 53, line 19 [clause 63(4)]—After 'sale of' insert 'an interest in'

No. 88. Clause 63, page 53, after line 22—After subclause (5) insert:

(5a) The Chief Recovery Officer (on behalf of the Crown) has the same powers in respect of an interest of a debtor in land the Officer determines to sell under this section as are given by the Real Property Act 1886 to a mortgagee under a mortgage in respect of which default has been made in payment of money secured by the mortgage (and sections 132 to 135 (inclusive) and 136 of that Act apply accordingly as if the Officer were the mortgagee and the debtor were the mortgagor).

(5b) If the Chief Recovery Officer determines under this section to sell an interest in real property of a debtor—

(a) the Officer must provide the Registrar-General with written notification of the determination; and

(b) the Registrar-General must note the determination in the Register Book or the Register of Crown Leases; and

(c) the determination will be taken to be a mortgage registered under the Real Property Act 1886.

No. 89. Clause 63, page 53, line 23 [clause 63(6)]—Delete 'real property or'

No. 90. Clause 63, page 53, line 28 [clause 63(7)]—After 'to sell' insert 'an interest in'

No. 91. Clause 63, page 53, line 36 [clause 63(10)]—After 'purchaser of' insert 'personal'

No. 92. Clause 64, page 54, line 9 [clause 64(1)]—Delete 'real property of a debtor' and substitute 'a debtor's interest in real property'

No. 93. Clause 64, page 54, line 13 [clause 64(2)]—After 'charge over' insert 'the interest of a debtor in'

No. 94. Clause 64, page 54, line 16 [clause 64(3)]—After 'Register Book' insert 'or the Register of Crown Leases'

No. 95. Clause 64, page 54, line 17 [clause 64(3)]—After 'over' insert 'the interest of the debtor in'

No. 96. Clause 64, page 54, line 21 [clause 64(4)(a)]—After 'affecting' insert 'the interest of the debtor in'

No. 97. Clause 64, page 54, line 32 [clause 64(4)(a)(iv)]—After 'conveyance' insert 'or transfer'

No. 98. Clause 64, page 54, line 36 [clause 64(4)(b)]—After 'respect of' insert 'the interest of the debtor in'

No. 99. Clause 64, page 55, lines 1 to 4 [clause 64(6)]—Delete subclause (6) and substitute:

(6) If an instrument registered under subsection (4)(a) has the effect of conveying or transferring the interest of the debtor in the land to another person, the charge will be taken to be cancelled by the registration of the instrument and the Registrar-General must take whatever action the Registrar-General considers appropriate to give effect to the cancellation.

No. 100. Clause 65, page 55, line 19 [clause 65(1)]—Delete 'property of a debtor' and substitute 'a debtor's interest in property'

No. 101. Clause 65, page 55, lines 21 and 22 [clause 65(2)]—Delete 'property of a debtor' and substitute 'a debtor's interest in property'

No. 102. Clause 65, page 55, line 25 [clause 65(2)(b)]—After 'with the' insert 'interest in the'

No. 103. Clause 70, page 57, line 17 [clause 70(2)(b)(i)]—Delete subparagraph (i) and substitute:

(i) in relation to a debtor or alleged offender, or a class of debtors or class of alleged offenders; and

No. 104. Clause 71, page 57, line 24 [clause 71(1)]—Delete 'intervention' and substitute 'approved treatment'

No. 105. Clause 72, page 58, line 6 [clause 72(2)]—After 'liability' insert '(other than a liability owed to the Crown)'

No. 106. Clause 74, page 58, line 17 [clause 74(b)]—Delete 'reasons' and substitute 'the basis'

No. 107. Schedule 1, clause 11, page 61, lines 15 and 16 [Schedule 1, clause 11(5)]—Delete subclause (5) and substitute:

(5) Section 4(3)—after 'this Act' first occurring insert:

and the Fines Enforcement and Debt Recovery Act 2017

(6) Section 4(3)—after 'this Act' second occurring insert:

or the Fines Enforcement and Debt Recovery Act 2017

(7) Section 4—after subsection (3) insert:

(4) For the purposes of this and any other Act—

(a) an offence expiated, or taken to have been expiated, under the Fines Enforcement and Debt Recovery Act 2017 will be taken to have been expiated in accordance with this Act; and

(b) an expiation fee paid under the Fines Enforcement and Debt Recovery Act 2017 will be taken to have been paid under this Act.

No. 108. Schedule 1, clause 13, page 61, after line 31 [Schedule 1, clause 13]—Before subclause (1) insert:

(a1) Section 8A(4)—delete 'issue a certificate for an enforcement determination under section 13' and substitute:

provide the Chief Recovery Officer with relevant particulars under section 22 of the Fines Enforcement and Debt Recovery Act 2017

No. 109. Schedule 1, clause 15, page 62, after line 13 [Schedule 1, clause 15]—After subclause (1) insert:

(1a) Section 11(1)—after 'this Act' insert:

or the Fines Enforcement and Debt Recovery Act 2017

No. 110. Schedule 1, clause 15, page 62, after line 16 [Schedule 1, clause 15]—After subclause (3) insert:

(4) Section 11(3)—after 'this Act' insert:

and the Fines Enforcement and Debt Recovery Act 2017

No. 111. Schedule 1, clause 16, page 62, after line 17 [Schedule 1, clause 16]—Before subclause (1) insert:

(a1) Section 11A(1)—after 'this Act' insert:

or the Fines Enforcement and Debt Recovery Act 2017

No. 112. Schedule 1, clause 16, page 62, after line 20 [Schedule 1, clause 16]—After subclause (2) insert:

(3) Section 11A(4)—after 'this Act' insert:

and the Fines Enforcement and Debt Recovery Act 2017

No. 113. New clause, Schedule 1, page 62, after line 25—After clause 18 insert:

18A—Amendment of section 15—Effect of expiation

Section 15(4)—after 'this Act' second occurring insert:

or the Fines Enforcement and Debt Recovery Act 2017

No. 114. Schedule 1, clause 19, page 62, line 29 [Schedule 1, clause 19(1), inserted paragraph (ad)]—After 'impairment' insert 'that excuses the alleged offending'

No. 115. Schedule 1, clause 20, page 63, after line 27 [Schedule 1, clause 20]—Insert:

(2) Section 18(1)(a)—delete 'under this Act'

No. 116. Schedule 1, clause 26, page 64, line 28 [Schedule 1, clause 26, inserted section 61A]—After 'from a' insert 'motor'

No. 117. Schedule 1, clause 26, page 64, lines 31 to 33 [Schedule 1, clause 26, inserted section 61A(b)]—Delete paragraph (b) and substitute:

(b) must, if the registration of the vehicle is cancelled under paragraph (a), pay to the Chief Recovery Officer the refund (if any) to which the registered owner or registered operator would have been entitled under section 54(2) if the registration of the vehicle had been cancelled under section 54(1).

No. 118. New clause, Schedule 1, page 64, after line 33—After clause 26 insert:

26A—Amendment of section 71B—Replacement of plates, documents and labels

Section 71B—after subsection (1) insert:

(1a) However, if a number plate has been seized by the Chief Recovery Officer under the Fines Enforcement and Debt Recovery Act 2017, a person may not make application for a replacement number plate unless the application is authorised in writing by the Chief Recovery Officer.

No. 119. New clause, Schedule 1, page 68, after line 25—After clause 33 insert:

34—Validation provision

Any enforcement determination purportedly made by the Fines Enforcement and Recovery Officer under section 13 of the Expiation of Offences Act 1996 before the day on which this clause comes into operation is declared to have been validly made notwithstanding that there was not compliance with the requirements of subsection (1) or (2) of that section.

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

Motion carried.