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Wednesday, 21 July 1926


Senator MCLACHLAN (South Australia) . - I move -

That the House of Representatives bc requested to omit the words " subject to the next following sub-section," proposed subsection (1).

If the committee agrees to this, I propose that we should then ask the House of Representatives to omit the whole of proposed sub-section 2 and the words " before reaching the age of seventy years," which appear in proposed sub-section 3. I neednot elaborate reasons which have already been given fully. The main purpose of my proposal is to omit the proposed subsection 2, which reads as follows : -

(2)   In the case of a justice who retires after attaining the age of seventy years, the annual pension to which he is entitled shall be at a rate less than the rate specified in the last preceding sub-section by one-tenth for each year or part of a year of his age, in excess of seventy years, at the time of his retirement:

Provided that in the case of a justice who at the commencement of this act is more than seventy years of age, the annual pension to which he is entitled on retirement shall be at a rate less than the rate specified in the last preceding sub-section by one-tenth for each year or part of a year, after one year from the commencement of this act, that elapses before his retirement.

The other requests would be consequential on the omission of this' subsection; but for the purpose of testing the whole question I am asking the committee to agree to the request which I have already moved.


Senator Needham - Why is the honorable senator submitting a request, and not an amendment?


Senator McLACHLAN - I understand that if the Senate seeks to amend this bill it must do so by way of request. This is confirmed by authorities which I have consulted. I should be glad to move a straight-out' amendment.


Senator Needham - At this stage I wish to raise the point whether or not this committee can amend the bill. I do not know what authorities Senator McLachlan has consulted.


Senator McLACHLAN - I consulted a publication by Mr. Boydell, setting out the practice adopted by the Senate in regard to money bills.







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