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
Thursday, 8 August 1946


Mr HOLLOWAY (Melbourne PortsMinister for Labour and National Service) (12:55 PM) . - I move -

That the amendment be agreed to.

This amendment is necessary to give effect to the promise I made that, with regard to contraventions of the act, the Crown would be placed on the same footing as private employers.

Question resolved in the affirmative.

Clause 50-

A recognized tradesman or added tradesman or an apprentice to any of the trades to which this Part applies shall not be appointed to or enlisted in the Defence Force unless it is intended that his trade skill is to be fully utilized in that Force, and any such recognized tradesman, added tradesman or apprentice appointed to or enlisted in that Force whose trade skill is not being fully utilized therein shall be released from that Force.

Senate's Amendment No.2. - Leave out " or added tradesman ".

Senate's Amendment No.3. - Leave out " added tradesman ", second occurring.

Motion (by Mr. Holloway) agreed to-

That the amendments be agreed to.

Clause 51 (Offences).

Senate's Amendment No.4. - Leave out clause 51, insert the following clause: -

51.   - (1.) If any person (not being the Crown in right of the Commonwealth or a State) contravenes, or fails to comply with, any provision of this Act, or fails to comply with any order of a court or direction of a Committee made or given under this Act, that person shall be guilty of an offence punishable, upon conviction, by a fine not exceeding One hundred pounds or imprisonment for a period not exceeding six months, or both. (2.) Where a person considers that the Crown in right of the Commonwealth or a State has contravened, or failed to comply with any provision of this Act, or failed to comply with any order of a court or direction of a Committee made or given under th is Act, that person may make an application to a court of summary jurisdiction constituted by a Police, Stipendiary or Special Magistrate for a declaration accordingly. (3.) The court shall hear the application and, if the court is satisfied that 'there has been any such contravention or failure, make a declaration accordingly. (4.) The Governor-General may make regulations, not inconsistent with this Act, prescribing the procedure to be observed with respect to the making and hearing of applications under sub-section (2.) of this section.

Mr.HOLLOWAY (Melbourne PortsMinister for Labour and National Service) [10 a.m.]. -I move -

That the amendment be agreed to.

This amendment stipulates the kind of penalty to be imposed, and. places the Crown on the same footing as a private employer.


Mr Francis - On whom will the penalty fall if the Crown contravenes the act?







Suggest corrections