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Friday, 3 December 1965


Mr KILLEN (Moreton) .- I do not press the point upon the Committee and upon the Attorney-General (Mr. Snedden). I have my own views and we will agree to differ. I contend that if the Tribunal erroneously, but quite honestly, arrived at onethird instead of one-seventh there would be absolutely nothing that any court could do about it. That would be the end of the line. This is my point regarding this discretion. 1 regret that the Government did not leave it open for the matter to be determined in a regular way if the Tribunal did get off the rails. If a party said: "Look, the Tribunal says that I am the supplier of onethird of the market but all the evidence I produce indicates that I am in fact the supplier of only one-seventh" there would be nothing the court could do about it. The court would say: " Too bad. The Tribunal arrived at this conclusion and it was satisfied you were the supplier of onethird."


Mr Snedden - There will be a Review Division of the Tribunal.


Mr KILLEN - When we come to that clause we will have some rugged exchanges. However, all the Review Division could do would be to say to the Tribunal: "You made a mistake ". There is no obligation on the Tribunal to change its mind.

Amendment negatived.







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