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Tuesday, 18 April 1961


Sir GARFIELD BARWICK (Parramatta) (Attorney-General) . - This clause is drawn on a permanent basis. It is not narrower than the State provisions, because in the States there is no appeal in a criminal case on a question of facts alone, nor on a ground which contains matters of a fact. But under clause 47 (1.) there could be an appeal to the High Court, even after trial on indictment, on a question of fact. That is a much larger provision than the existing State provisions. Taking clauses 47 (1.) and 47 (2.) together, I would not for one moment concede that this is a less favorable provision to a convicted person than the State provisions.

Clause agreed to.

Clauses 52 to 54 - by leave - taken together, and agreed to.

Clause 55- (1.) The senior Judge may make Rules of Court . . . (5.) The Attorney-General may, by notification in the Government Gazette of the Territory, disallow any Rule of Court, and thereupon the Rule so disallowed ceases to have effect.







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