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Tuesday, 7 December 1965


Mr KILLEN (Moreton) .- I move -

After sub-clause (2.) insert the following sub-clause - " (2a.) Where in accordance with the last preceding sub-section proceedings are continued with respect to a practice that has ceased to be engagedin, the Commissioner shall include in his report to Parliament the reasons why he requested the Tribunal to continue proceedings.".

The purpose of this amendment is clear. It provides that if the Commissioner asks the Tribunal to continue proceedings with respect to a practice that has already ceased, and the Tribunal agrees, then it shall be incumbent upon the Commissioner to state in his report to Parliament why he asked the Tribunal to continue those proceedings. I submit that the provision as it stands opens the gateway for vindictiveness. To put it plainly, if the Commissioner is so inclined, he can engage in wholesale persecution and not in prosecution. I submit that my amendment would be a salutory restraint upon him. I hope the AttorneyGeneral will agree to accept it.







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