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Tuesday, 12 December 1911


Senator VARDON (South Australia) .- I should like to get some information about the provision, which, in subclause 2, gives the Court power not to interpret the law, but actually to legislate. I do not think that we ought to give the Court the power to override the law. Surely if the law is defective in any way, it is for Parliament to alter - the law. I hope that the Vice-President of the Executive Council will be prepared to strike the words "law or" out of sub-clause. 2, so that if the Judge violates a regulation, it may be altered in any way, but if the law of the Commonwealth is violated, the Parliament will have to make the necessary alteration. I hardly think that it could have been intended to give such power to the Judge.







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