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Wednesday, 18 November 1914

Senator LYNCH (Western Australia) . - I would suggest to Senator Keating that to make his amendment clear he should include some such words as " employ the bankrupt to do any business other than that referred to in clause 98."

Senator Lt Colonel Sir Albert Gould - Clause 98 gives all the powers, and the greater includes the less.

Senator LYNCH - Clause 98 limits the power of the trustee very much, and limits the form of employment of the bankrupt. Am I to understand that clause 98 gives the trustee power to employ the bankrupt in any capacity whatever ?

Senator Senior - Yes, if a general resolution is carried by the creditors.

Senator LYNCH - If that is so, it makes the case for rejecting the amendment stronger, because Senator Keating proposes to endow the trustee with power to employ the bankrupt without a resolution of the creditors to do anything necessary to carry on the business.

Senator Lt Colonel Sir Albert Gould - Well, give the creditors power of veto if they see fit.

Senator LYNCH - If it is vital to consult the creditors - and it is obvious that it is - the insertion of the amendment would undermine to a serious extent the rights which the creditors would otherwise enjoy under clause 98. ,

Senator Keating - All the powers under clause 96 are " subject to this Act," and, therefore, they all have to be read as subject to clause 98.

Senator LYNCH - My proposal was to dovetail the two clauses, so that neither would clash, while, at the same time, each would relate to different classes of employment - one temporary and the other permanent. In the one case it could be without the sanction of the creditors, and in the other with it.

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