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Wednesday, 22 October 1919

Mr TUDOR (Yarra) .- For the first time in the history of this Parliament, the House is afforded an opportunity of discussing a statutory rule. Many of us have been waiting for over nineteen years for this opportunity. On occasions we have given notice of motions relating to regulations made under the W ar Precautions Act ; but an opportunity to discuss any of them only comes to us at 4 o'clock in the morning, in the last hours of the Parliament.

Mr Groom - The House had the same opportunity of dealing with the regulations that were attached to the Commercial Activities Bill.

Mr TUDOR - Never before have we had regulations before us in such a com plete form. The regulations that are extended by this Bill cover eighteen pages of closely printed matter, and comprise sixty-one statutory rules. We are asked to consider and pass the measure in a few minutes. Many members have gone to their constituencies, and may not know what is proposed.

Mr Groom - The Bill only continues existing regulations.

Mr TUDOR - I admit that, and those relating to shipping are the ones which particularly concern the Australian people. As no enemy subjects can hold shares in any Australian company, the whole of the shipping on our coast to-day is under either British or Australian control. The Government say that it is wise to continue Commonwealth control of shipping for another twelve months. A remark was made by the honorable member for Calare (Mr. Pigott) that I had stated on many occasions that I would not keep the War Precautions regulations in operation for five minutes. I certainly would not continue the whole of them. But nobody has ever heard me say that I regarded as bad all the regulations made under the War Precautions Act. This is the proper way in which to deal with regulations under an Act. They are now properly before Parliament, although I do not think it right to include in the one Bill regulations affecting four different matters. Let each subject stand by itself. If the Government have a good case in respect of some things, do not load it up with weak regulations, hoping that the justifiable ones will secure the carrying of the others.

Mr Mcwilliams - I have never been able to ascertain if the ships on the Australian coast are under Government control.

Mr TUDOR - I do not think anybody else has been able to get enlightenmenton that point. What these regulations do is to prevent the sale of any of the vessels outside of Australia. But that control could have been .exercised without recourse to the War Precautions Act at all. The Government have power to do that under the Customs Act.

Mr Corser - It is a very necessary power just now.

Mr TUDOR - It is; and I think I did as much as any Minister to operate it.

Mr Groom - The regulations are necessary not only to control the sale of shipping, but also to continue the organization of the industry.

Mr TUDOR - I realize that. I have not had an opportunity to more than glance at the measure owing to the haste with which legislation is being passed through this House. I am glad that the Government have printed the regulations in a precise and handy form, because they will be useful for reference in the future. If Parliament can extend its control over the .matters specified in the Bill for another twelve months-

Mr Mcwilliams - We were told we could not extend the moratorium.

Mr TUDOR - We were told that the Commonwealth had no power to do this, that, and the other thing. But those of us who believe that the Commonwealth powers can be exercised in a certain direction will have plenty of precedents to guide us when the occasion arises, because the Government have not thought it necessary to support this Bill with a certificate by any legal committee that it is within the competence of this Parliament. The Bill establishes a number of precedents' which will be useful to those who believe that the Commonwealth's authority should 'be exercised to a far greater extent in certain directions. It will certainly encourage us to test those powers when the' opportunity is afforded us. We may have in power a Government who will not be afraid to do things, and - to whom the Constitution will not be the cast-iron affair it has been in the past. If we have power after the ratification of the Treaty to do the things specified in this Bill, we shall have an opportunity at some future date to take action in certain other directions, by using the powers of the Federal authority on behalf of the whole people, and not merely on behalf of a section.

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