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Thursday, 3 December 1959


Mr ANDERSON (Hume) .- I should like to register my complete disagreement with the view of the honorable member for Macquarie (Mr. Luchetti) who said that this uniform legislation is bad legislation. I do not think that it is. This is one of the best pieces of legislation that have passed through the Parliament, and the great majority of honorable members have supported it. I believe that the AttorneyGeneral (Sir Garfield Barwick) has accepted this amendment in a very gracious manner. I agree with his suggestion that we should review the provision later.

I have been at variance with the honorable member for Moreton (Mr. Killen) during the debate on this legislation, but on this occasion I agree with him entirely. I believe that the provision now being removed should be reinserted later. We may be able to cure epilepsy, but how do we know that it is not hereditary unless a period of many years has elapsed? This bill allows a judge to decide whether a marriage is void. If both parties know before entering upon a marriage that one party is subject to recurring insanity or to epilepsy, it is not likely that a judge would declare the marriage void for this reason; but where deception has occurred, then the party deceived has a right to dissolution of the marriage.

Senate's amendment agreed to.

Senate's amendment No. 2.







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