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Wednesday, 1 August 1906
Page: 2172


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) . - I intend to propose an amendment to make it clear that one of the functions of the Supreme Court shall be to entertain an appeal from a decision of the AttorneyGeneral with regard to an application to be placed on the register. It has been stated by the Minister and other lawyers in the House, that perhaps the wording of the clause at present covers such an appeal ; but how the use of the word "rectification" applies to such appeals, I am at a loss to understand. I find on referring to a dictionary, that rectification means, " the act of rectifying or setting right that which is wrong."


Mr Groom - And the register is wrong when something is omitted.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - Is a book with absolutely nothing in it wrong? The clause relates to something that is wrongly inserted in the book. Mr. groom.-The register is a book which is supposed to contain a list of the registered designs.


Mr McCay - Might we not say that the refusal by the law officer to register a design would be an entry rightly, and not wrongly, omitted?


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - There would be no entry at all, so that from that point of view it could not be either right or wrong. I propose that one of the functions of the Supreme Court shall be to vary or reverse the decision given by the law officer against an applicant, and, if possible, to place his design on the register.


Mr Groom - I am quite in sympathy with the honorable member's desire that it shall be made clear that there shall be an appeal in such cases. Let the clause be postponed.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - My proposal is that the following new paragraph be inserted : -

(d)   And may also amend or vary a deci sion of the law officer granting or refusing an application.


Mr Groom - It is a question of drafting, and I propose that the clause be postponed.


Mr JOSEPH COOK (PARRAMATTA, NEW SOUTH WALES) - The amendment could be made and the Bill recommitted, if necessary.


Mr Groom - If the clause be postponed, I will have an amendment drafted.







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