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Wednesday, 23 June 1926


Senator PEARCE (Western Australia) (Vice-President of the Executive Council) . - The clause follows, word for word, section 72 of the Constitution, and we have not the power either to add to or take away from that provision.


Senator Ogden - It does not apply to Arbitration Court judges.


Senator PEARCE - The Arbitration Court is one of the ' ' other courts " to which section 72 of the Constitution refers. Even if the amendment were agreed to a judge could not be removed except in accordance with the provisons of the Constitution. I point out to Senator Ogden that this Parliament will be the judge as to whether misbehaviour has been proved.


Senator Ogden - There would be nothing to prevent a test case from being brought in the High Court.


Senator PEARCE - Nothing can be accomplished by the omission of these words.







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