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Thursday, 2 December 1965


Mr KILLEN (Moreton) . - I shall not press the Attorney-General now but I hope that some time during the Committee stages he will indicate to me in what way clause 35 - relating to examinable agreements - and clause 36 are exposed to a subjective test by the Tribunal. I put it to him that with respect to an examinable agreement and an examinable practice both are immediately exposed to an objective test and that if the Tribunal should exceed its jurisdiction the matter could be referred, by way of prerogative order, to the High Court. I am particularly interested in this with respect to clause 37. I want to know why it is - and my honorable friends can chew over this question - with respect to clauses 35 and 36 the Tribunal is exposed to making an objective test while with respect to clause 37 the field is high, wide and handsome - it can make its own judgment.

Amendment negatived.







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