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Thursday, 11 July 1946


Mr CALWELL (Melbourne) (Minister for Immigration and Minister for Intormation) . - The provision made in this clause is similar to that made in other acts under which the Commonwealth acquires property. All it is proposed to do in amending the clause is to make provision that where an agreement is reached the compensation payable in respect of property acquired shall be paid on such date as is fixed in the agreement. I assume that it is competent for the Government to make an agreement, and I take it that it is also competent to fix in the agreement a date at which the money will be payable. That provision in the Lands Acquisition Act was debated fully in the early days of federation. Sitting above this Parliament as an interpretative body, a super legislature, is the High Court, whose' function it is to interpret the laws passed by this Parliament. The High Court recently upheld the very provision to which the honorable member has referred. If the High Court has held that provision to be fair and reasonable, and to be in accordance with the provisions of the Constitution, there is nothing we can do about it. tonight.

Amendment agreed to.

Clause, as amended, agreed to.

Clauses 44 to 47 agreed to.

Clause 48 (Patent rights to remain available to the Commission).







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