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Friday, 23 October 1914


Senator SENIOR (South Australia) . - I wish to direct attention to a departure in this clause, which is repeated in many other clauses of the Bill, from the form adopted in the Acts from which these provisions are taken, and a departure for which there appears to me to be no real necessity. For instance, the two paragraphs of sub-clause (2) are in the measures from which it is taken run into one, and, in my opinion, are thus made more clear.


Senator Keating - The form adopted in the Bill makes it much easier to read, and is found better in practice.


Senator SENIOR - With all respect, I differ from the honorable senator. I have gone very carefully through the Bill, and the original Acts upon which it is based, and I find that the original measures are not broken up in the way adopted in this Bill.


Senator Keating - This is the Commonwealth form of drafting, and is the much more modern and convenient form. It is being adopted everywhere now from the practice of the Commonwealth.


Senator SENIOR - It is not adopted in the South Australian Act. I have consulted the Insolvency Acts of Great Britain, South Australia, New South Wales, Queensland, and Victoria, and this is not the form adopted in any of them. It is a departure from the ordinary practice, and notice should be taken of it. Senator Keating alleges that it is the Kingstonian system, but it is not found in< the South Australian Act, which would bear the impress of Mr. Kingston's mind, and if it emanated from him it must have a Kingstonian peculiarity that developed while he was in the House of Representatives.







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