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Tuesday, 9 April 1946


Mr FADDEN (DARLING DOWNS, QUEENSLAND) (Leader of the Australia Country party) (12:57 PM) . - I desire to move -

That clause 2 be left out with a view to insert in lieu thereof the following clause: - " 2. The Constitution is altered by inserting after section 105a the following section: - 105b. - (I.) The Commonwealth may at the wish , of the relevant producers to be ascertained in such manner, as the Parliament pre- scribes make agreements with the States with respect to the production and marketing of agricultural, pastoral, horticultural, . viticultural and dairying products. (2.)The Parliament may make laws for validating any such agreement made before the commencement of this section. (3.) The Parliament may make laws for the carrying out by the parties thereto of any such agreement. (4.) Any such agreement may be varied or rescinded by the parties thereto. (5.) Every such agreement and any such variation thereof shall be binding upon the Commonwealth and the States parties thereto notwithstanding anything contained in this Constitution or the Constitution of the several States or in any law of the Parliament of the Commonwealth or of any State. (6. )The exerciseof the powers conferred by this section shall not be affected or limited by the provisions of section ninety-two of this Constitution.5 ".

I propose this new clause because the Australian Country party, whilst agreeing whole-heartedly with the principles of organized marketing, is of opinion that the proposal to be put before the people is totally inadequate to meet the desires of the primary producers. The Government's proposal does not measure up to the fundamental requisite of collaboration and co-operation with the States, in view of the fact that the States have full control of the production side of primary industries and other industries likely to be affected by the Government's proposal.


Dr Evatt - I rise to order, I submit that the amendment is out of order. The House gave leave to introduce a bill " To alter the Constitution by empowering the Parliament to make laws providing for the organized marketing of primary products, unrestricted by section 92 of the Constitution ". The plan embodied in the amendment is entirely different; it is something analogous to a financial agreement, and, obviously, the right honorable gentleman has copied his amendment from the Financial Agreement Act.

The CHAIRMAN (Mr. Riordan).The order of leave was in respect of a bill " To alter the Constitution by empowering the Parliament to ma'ke laws providing for the organized marketing of primary products As the amendment proposes the making of an agreement with- the States for that purpose, I rule that it is out of order.







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