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Thursday, 2 December 1965


Mr WHITLAM (Werriwa) .- The honorable member for Parramatta (Mr. Bowen) implied that I had not fully or accurately stated the proposals which Sir Garfield Barwick made three years ago concerning the registration of limitations on right to membership of trade associations.


Mr Bowen - I said that the honorable member had not gone on to see what was in the Bill.


Mr WHITLAM - Very well. I think I can meet' the objection that the honorable member made. When I spoke for the first time in support of my amendment, I pointed out that Sir Garfield Barwick had proposed that there should be registration of six multilateral or horizontal arrangements and of four bilateral and unilateral or vertical practices. The present AttorneyGeneral has varied that scheme by providing that the practices are to be examinable but not registrable, but that the arrangements are to be both examinable and registrable.

It is true, as the honorable member for Parramatta said, that trade associations are mentioned in this Bill. They are mentioned in a subsequent clause. They are mentioned as incidental to practices which do not have to be registered but which are examinable. Sir Garfield Barwick listed trade associations among the arrangements. The other five arrangements that he listed are both examinable and registrable. The adoption of my amendment would ensure that limitations on right to membership of trade associations would also be examinable and registrable. It is not true to say, as the honorable member for Parramatta inferred, that we have been glibly saying that Sir Garfield Barwick proposed certain things and then have not been stating where else those things are mentioned in the Bill. There is no amendment which I have moved and in respect of which I have invoked Sir Garfield Barwick's name without referring to what he proposed in the context that he proposed. If honorable members want me to be precise on this, I recall to them the fact that nowhere in this Bill appears any of the proposals that Sir Garfield Barwick made concerning mergers and takeovers.


Mr Turnbull - I rise to order. Is it correct, Sir, that you ruled that the name of Sir Garfield Barwick should not be used and that he should be referred to as the former Attorney-General? I suggest that if you so ruled the Deputy Leader of the Opposition is contravening your ruling.


The CHAIRMAN - Order! I did not rule as the honorable member has suggested. I stated that the Chief Justice as such should not be associated, with this debate. It was in that context that I suggested to two previous speakers that the gentleman who was associated with the measure formerly proposed should be referred to as Sir Garfield Barwick or as the former Attorney-General.


Mr WHITLAM - Mr. Chairman, refuting specifically the general allegation made by the honorable member for Parramatta I point out that there is no reference anywhere in this Bill to resale price maintenance which Sir Garfield Barwick proposed to include in his legislation on restrictive trade practices and monopolies. There is in this measure a reference to repeal of the Australian Industries Preservation Acts of certain years, which Sir Garfield Barwick did not propose. I was entitled to refer to his proposals to secure complementary State legislation. This has not yet been achieved and, according to the Victorian Ministry, may not even have been sought by the Victorian Government. It is true that I mentioned proposals by Sir Garfield Barwick concerning predatory pricing and monopolisation being made offences. This Bill will make them merely examinable. It will not make them offences. It is true that Sir Garfield Barwick mentioned both matters, and it is relevant to point out that he mentioned them in a context completely different from that in which they are dealt with in this Bill..

I have referred to Sir Garfield Barwick quite often during the consideration of this measure in Committee because it was his proposals that were put to us in this chamber by the present Minister for Shipping and Transport (Mr. Freeth) three years ago. Sir Garfield Barwick's speeches and papers delivered at law conferences, at the University of Melbourne and elsewhere were circulated among honorable members and are still available to them and to members of the public. He considered that limitations on the right to membership of trade associations should be among the multi-lateral horizontal arrangements which required not only examination but also registration. We on this side of the chamber agree with him. We are entitled to put to a vote the proposal that the constitution of a trade association should be registered if it contains restrictions on the right of membership of the association concerned. We are entitled to point out that this is a proposal that Sir Garfield Barwick had put to us in this chamber three years ago. My amendment is designed merely to effectuate his proposal.







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