Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
 Download Full Day's HansardDownload Full Day's Hansard    View Or Save XMLView/Save XML

Previous Fragment    Next Fragment
Friday, 11 March 1932

Mr BEASLEY (West Sydney) . -if I read this clause correctly, it indicates that if there is a measure of doubt concerning the action contemplated by the Federal Government, the clause is for the purpose that that doubt may be overruled when it suits the Government. It seems strange to me that a clause of that nature can be inserted in our legislation. This amendment gives the Government a let-out if certain aspects of the bill are open to question in their general application. It certainly does not appear to me to do what the Minister indicates that it will do. It merely restricts the powers of the defendants in a case instituted by the Commonwealth. The measure is a maze of legal technicalities, and while I do not profess to have much legal knowledge, I do think it remarkable that a clause that is so advantageous to the plaintiff, should be inserted in this legislation. The Government is attempting to save its face, both coming and going. No doubt those who are advising it feel that adragnet clause of this description will be very helpful to overcome the weaknesses of the measure. Of course, the amendment will be passed, as nobody appears to be interested except the members of my party.

Mr.Rosevear. - The New South Wales " Labour " men have gone home.

Mr BEASLEY - Yes, they seem to think that the interests of the labour movement of New South Wales can be left entirely in the hands of those who are advising the Government, and they do not worry further about it. Perhaps their turn will come later. I object to the nature of this clause.

Motion agreed to.

Amendment No. 22 -

Senate'samendments. - After clause 22, insert the following clause: - 22a. The expiry of this act, or the cessation (whether by virtue of the issue of a Proclamation or otherwise) of the application of the provisions of sections seven to thirteen (inclusive) of PartII. of this act in relation to any State, shall not affect -

(a)   any right, privilege, obligation or liability acquired, accrued or incurred thereunder;

(b)   any penalty, forfeiture or punishment incurred in consequence of any offence committed against this act; or

(c)   any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid : and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this act had continued in operation, or the provisions of sections seven to thirteen (inclusive) of Part II. had not ceased to apply, as the case may be."

Suggest corrections