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Tuesday, 7 December 1965


Mr SNEDDEN (Bruce) (AttorneyGeneral) . - The Government does not accept any of these amendments. Clause 49 (1.) states-

In proceedings under section 47 of this Act, the Tribunal, after such inquiry as it considers appropriate . . .

The first amendment is to delete the words "after such inquiry as it considers appropriate" whereas, quite clearly, the words ought to remain. The words have to be interpreted within the context of the legislation as a whole. It would not be within its power for the Tribunal to embark upon an exercise of its own foreign to the legislation. The clause continues -

.   . having regard to the matters alleged by the Commissioner, if it is satisfied that an examinable agreement exists or has existed,

The honorable member for Moreton (Mr. Killen) proposes to eliminate the words " if it is satisfied ". It is necessary to invest that power in the Tribunal, for no other body is erected for that purpose. The Tribunal is erected for that specific purpose and it is necessary, therefore, to retain those words.

The third amendment relates to paragraph (b) in clause 49 (1 .). This paragraph states that the Tribunal shall make a determination by which it - determines, in accordance with its opinion, whether the relevant restrictions to which the proceedings relate are contrary to the public interest. . . .

It is necessary to limit the Tribunal to making its determination in accordance wilh its opinion because sub-clause (2.) states -

Where the Tribunal makes a determination under this section, it shall state the reasons for its opinion that the restriction or practice is, or is not, contrary to the public interest.

The words proposed to be eliminated - " in accordance with its opinion " - should not be eliminated because the Tribunal is required to make a determination in accordance with its opinion, which it is required to state. By reason of a later Government amendment it must record that opinion as part of the proceedings of the Tribunal. The Government therefore does not accept the amendments.

Amendments negatived.







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