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Tuesday, 7 December 1965


Mr WENTWORTH (Mackellar) . - I move -

In sub-clause (7.) after "(7.)" insert "Subject to section 57 of this Act,".


Mr Snedden - The Government will accept this amendment.


Mr WENTWORTH - In explanation, let me say that sub-clause (7.) at present reads -

Orders of the Tribunal have the force of law.

That will be mitigated to some extent by proposed new clause 57, to which the Attorney-General will ask the Committee to agree. There may be some conflict between these two clauses if this saving phrase is not inserted in sub-clause (7.). I thank the Government for accepting the amendment. I mention for the benefit of the honorable member for Cunningham (Mr. Connor) that the reason for this amendment lies in the vaguenses of clause 50, to which he rightly drew attention, and therefore to the law-making powers of the Tribunal.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 53 agreed to.

Clause 54. (1.) Where proceedings instituted by the Commissioner under section 47 of this Act are pending and the Tribunal is satisfied that -

(a)   unless action is taken under this section, there is likely to be grave hardship to any person or irremediable injury to the public interest; and

(b)   it is reasonable to do so, having regard to decisions previously given by the Tribunal in relation to agreements or practices similar to the agreement or practice to which the proceedings relate, the Tribunal may make such interim orders as it thinks fit, being orders of a kind that can be made under this Division where a restriction or practice is determined to be contrary to the public interest. (2.) An order under this section has effect, unless it sooner ceases to have effect by virtue of its terms or is sooner revoked by the Tribunal, until the determination of the pending proceedings, but may, upon the determination of those proceedings, be continued by the Tribunal until an order (not being an interim order) made in those proceedings takes effect.







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