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Thursday, 2 December 1965

Mr BOWEN (Parramatta) .- The Deputy Leader of the Opposition (Mr. Whitlam) and the honorable member for Hindmarsh (Mr. Clyde Cameron) have complained that something which was contained in the proposals made by Sir Garfield Barwick has been omitted from this Bill. A similar complaint was made in connection with another clause. It is no good their saying that, unless they go on to say what is in the Bill. The matter about which they are complaining is dealt with in the Bill and they entirely overlook that fact. They simply say that what was proposed by Sir Garfield Barwick has not been reproduced in the Bill in a particular form. We all know that one of the difficulties about associations is that a person can be refused supply because he is not a member of a certain association. On the other hand, if a person tries to join the association he may be refused membership because the association already has sufficient members covering the area in which the person carries on business. That is a difficulty in relation to associations and it is a difficulty with which this Bill seeks to deal in clause 36(l.)(c). The point is dealt with expressly. It is not the mere existence of an association that is the difficulty. There is no point in prescribing the association, which is what the amendment would do. On reflection the thing to do is to deal with the evil, and that is precisely what this Bill does. It does not help the debate simply to refer to Sir Garfield Barwick's proposals and, without bothering to look at the Bill, say that something has not been carried out. That is what has been done on several occasions; it is a waste of time.

The only other thing I wish to say has relation to the form of the proposed amendment. It seeks to make an agreement examinable if the constitution of a trade association contains a restriction with respect to the right of persons to become or remain members. Associations are voluntary associations. I cannot recall one association that does not impose some conditions as to membership. An association would be senseless if it did not have conditions as to membership. As there are restrictions in every association, if this amendment were carried it would make the membership rules of every association an examinable agreement and the whole system would collapse under its own weight.

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