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Wednesday, 1 December 1965


Mr KILLEN (Moreton) .- I am very disappointed to hear what the AttorneyGeneral (Mr. Snedden) has said. With great respect I put it to him that he has completely misunderstood the argument that I have advanced to him. Where a party comes before the tribunal and after an extensive hearing that may last for weeks, two members of the tribunal disagree, the Attorney-General says that under the provisions of the next sub-clause - that is subclause (4.) - the President may appoint a third person. The Attorney-General suggests that that will meet the problem that I have outlined. My point is precisely that it will not. If what the Attorney-General suggests were done it would mean that the party would then have to argue his case afresh. There is only one way in which sub-clause (4.) can be effective and that is by starting the argument afresh or by handing to the new member the record of the proceedings to enable him to acquaint himself with the argument from that record. Otherwise the effect of sub-clause (4.) of clause 22 is completely nugatory. There are two circumstances and two circumstances only in which sub-clause (4.) can work.

As far as discretion is concerned, I put it to the Attorney-General that, the Bill reeking as it does with manifest discretions throughout, the amendment would not impose any burden on the Court. Neither does it cut across any principle that I can discern to go to the Court and say, in effect: " We seek leave to bring proceedings against John Jones under section 47 ". I put it to the honorable gentleman that the argument he has advanced in reply to me is unconvincing, to say the least.


Mr Whitlam - Why not have the review division give leave instead of the Court?


Mr KILLEN - I would be quite happy with that.

Amendment negatived.

Clause agreed to.

Clauses 23 and 24 - by leave - taken together.







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