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Tuesday, 22 November 1960


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - I move -

That the following new clause be inserted in the bill:- " 23b. After section twenty-four e of the Principal Act the following section is inserted - 24f. - (1.) Nothing in the preceding provisions of this Part makes it unlawful for a person -

(a)   to endeavour in good faith to show that the Sovereign, the Governor-General, the Governor of a State, the Administrator of a Territory, or the advisers of any of them, or the persons responsible for the government of another country, has or have been, or is or are, mistaken in any of his or their counsels, policies or actions;

(b)   to point out in good faith errors or defects in the government, the constitution, the legislation or the administration or justice of or in the Commonwealth, a State, a Territory or another country, with a view to the reformation of those errors or defects;

(c)   to excite in good faith another person to attempt to procure by lawful means the alteration of any matter established by law in the Commonwealth, a State, a Territory or another country;

(d)   to point out in good faith, in order to bring about their removal, any matters that are producing, or have a tendency to produce, feelings of ill-will or hostility between different classes of persons; or

(e)   to do anything in good faith in connexion with an industrial dispute or an industrial matter. (2.) For the purpose of the last preceding subsection, an act or thing done -

(a)   for a purpose intended to be prejudicial to the safety or defence of the Commonwealth;

(b)   with intent to assist an enemy -

(i)   at war with the Commonwealth; and

(ii)   specified by proclamation made for the purpose of paragraph (d) of sub-section (1.) of section twenty-four of this Act to be an enemy at war with the Commonwealth;

(c)   with intent to assist a proclaimed enemy, as defined by sub-section (4.) of section twenty-four aa of this Act, of a proclaimed country as so defined; or

(d)   with intent to assist persons specified in paragraphs (a) and (b) of sub-section (2.) of that section, is not an act or thing done in good faith.'.".

The purpose of this amendment is to make it quite plain that the section which is already in the act, and which I think was of general application, is construed hereafter for certain to be of general application. Its language has been brought up to date in order to cover new circumstances, and an additional paragraph (e) has -been inserted to ensure that nothing in the preceding provisions of .the Part makes it unlawful to do anything in good faith in connexion with an industrial dispute or an industrial matter. But in order that it cannot be said that one could be, as it were, traitorous or treacherous in good faith, sub-section (2.) of the proposed new section makes it quite clear that, if the .various intentions are held, which are described in the paragraphs of the subsection, an act done with those purposes or intentions is not an act done in good faith.







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