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Thursday, 2 December 1965


Mr BUCHANAN (McMillan) .- This is the very thing that the AttorneyGeneral has been trying to tell us that he does not want to happen - that the interest will be disclosed. The whole wording of this clause is such that the interest cannot be disclosed. The Attorney-General has deliberately accepted this wording knowing that the interest will not be disclosed. I think he made that very clear. The honorable member for Moreton (Mr. Killen) has expressed two opposing ideas. He said that the presidential member, because of his training, will be convinced that the lay member cannot sit on the particular matter, so he will not even ask the lay member to sit on it. That is inherent in the wording of the proposed new clause. The presidential member is the one who will ask the lay members to sit on a particular matter. If a lay member disclosed to the presidential member a pecuniary interest in a matter, surely the presidential member would not permit him to sit on that matter.

I really rose to repeat what I said before the last division was taken. I believe that it ought to be repeated at this stage. The whole effect of the insertion of this proposed new clause would be to defeat any desire to have on a Division of the Tribunal somebody with a pecuniary interest in the matter before the Division. In my view, this proposed new clause is completely unnecessary and will not achieve anything.

Proposed new clause agreed to.

Clauses 26 to 33 - by leave - taken together.







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