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Thursday, 17 November 1960

Sir GARFIELD BARWICK (Parramatta) (Attorney-General) (12:20 PM) . - The Deputy Leader of the Opposition (Mr. Whitlam) was very careful to say that, so far as he had been able to ascertain, the words " does an act preparatory to levying war " do not appear anywhere else. That was a guarded statement. The fact is that those words are to be found in the Canadian code. But the honorable member has not found them. Apparently he has not looked there. These words were taken from the Canadian code, as were some other words that appear in the measure.

As I understand the situation, the Opposition does not object to the forming of an intention to do a treasonable act and the manifesting of that intention by an overt act being regarded as treason. I think I reproduce the words of the Deputy Leader of the Opposition accurately when I say that he said that, if the words " levies war, or does any act preparatory to levying war against the Commonwealth " were not in the proposed new section, the Opposition would have no objection to this provision.

Mr Whitlam - That is so.

Sir GARFIELD BARWICK - That being so, not much discussion is called for, because we have already discussed and have voted upon the question as to whether the words " levies war, or does any act preparatory to levying war, against the Commonwealth ", shall remain in the bill. The only objection the Opposition has is an objection to something on which we have already voted and which we have adopted.

Mr Whitlam - That is right.

Sir GARFIELD BARWICK - I have already answered the query raised by the Deputy Leader of the Opposition as to whether this provision is to be found elsewhere. The matter does not call for any discussion.

Motion (by Sir Garfield Barwick) agreed to -

That the question be now put.

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