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Tuesday, 7 December 1965


Mr KILLEN (Moreton) .- by leave - I move -

1.   In sub-clause (3.), omit " as the Tribunal thinks necessary ".

2.   In sub-clause (4.), omit " as it thinks proper ".

I will not bother the Committee with arguments that I have advanced already today. I simply say that I have long regarded it as being a fundamental constitutional principal that tribunals should be regarded as part of the judicial system of the land under the rule of law. I take the view that these discretions put this Tribunal very much in a compartment of its own, not susceptible to control by the courts and not answerable to this Parliament. One might say that

Shakespeare summed up all of these discretions in these words from "The Merchant of Venice " -

O dear discretion! how his words are suited.

If ever I were to write an epitaph for this legislation - there will be an epitaph for st one day, although a prophet may not have honour in this place - that would be it. It may suit this Committee, in its present mood, to give the Tribunal these discretions. But I say that the mood of the Australian people will yet be rallied to remove them from the statute book.

Amendments negatived.







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