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Thursday, 3 March 1932


Mr BRUCE (FLINDERS, VICTORIA) (Assistant Treasurer) (12:20 PM) . - I move -

That after the word "and" (third occurring), sub-clause 1, the following words be inserted : - " in order to protect the interests of the Commonwealth until the question of the liability of the State has been determined by the High Court pursuant to an application under this section ".

That provision is merely declaratory of the object of this clause, which is to protect the interests of the Commonwealth during the period the matter is under consideration by the court.

Amendment agreed to.

Amendment (by Mr. Bruce) agreed to-

That sub-clause 3 be omitted with a view to insert in lieu thereof the following subclauses : - "(3.) As soon as practicable after such a resolution has been passed by both Houses of the Parliament, and in any event within two months thereafter, the Attorney-General shall apply to the High Court for a declaration that the amount, stated in the resolution or any part thereof, is due and payable and unpaid by the State to the Commonwealth. (4.) At any time after such a resolution has been passed by both Houses of the Parliament, the Attorney-General of the State may apply to the High Court for a declaration that no part of the amount stated in the resolution or a smaller amount than that stated in the resolution is due and payable and unpaid by the State to the Commonwealth. (5.) Any application under either of the last two preceding sub-sections shall be made by motion, of which not less than three days' notice shall be given to the Attorney-General of the State concerned, or to the AttorneyGeneral, as the case may be. (6.) The application shall be heard by a Full Court consisting of not less than three justices. (7.) The application in relation to a State of the provisions of sections seven to thirteen (inclusive) of this Part shall not cease or be suspended upon an application to the High Court, or during the pendency of any proceedings thereon in thesaid court. (8.) On the making of a declaration by the High Court that any amount, or part thereof, stated in the resolution is due and payable and unpaid by the State to the Commonwealth,

(a)   the declaration -

(i)   shall be a judgment of the High Court in favour of the Commonwealth against the State;

(ii)   shall be enforceable as a judgment; and

(iii)   shall, in addition to any other remedies for enforcing such judgment by law provided, operate as a charge upon all the revenues of the State; and

(b)   the provisions of sections seven to thirteen (inclusive) shall continue to apply in relation to that State -

(i)   notwithstanding that a reso lution of each House of the Parliament has not been passed in pursuance of sub-section 7 of the last preceding section ; and

(ii)   notwithstanding that there may be pending any action, suit, proceeding or matter in which there is in issue a question as to the amount or amounts due and payable and unpaid by the State to the Commonwealth under or by virtue of the Financial Agreements. (9. ) In the event of the High Court making a declaration that no part of the amount stated in the resolution is due and payable and unpaid by the State to the Commonwealth, the provisions of sections seven to thirteen (inclusive) of this Part shall cease to apply in relation to the State".







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