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Thursday, 24 September 1936


Senator BRENNAN (Victoria) (Assistant Minister) . - I fail to see how the adoption of this amendment will carry us any further than we are at present. In effect, the amendment provides that no regulation shall be made until a responsible officer of the Crown Law Department certifies that it is not in excess of the powers conferred by the act under which it is made. At what stage is an officer to certify? Before it goes to the Governor-General or in a draft form? Acts conferring regulation making powers provide that such regulations shall not be made until certain things have been done. There are difficulties associated with the working of the proposed new paragraph, which may be only a matter of draftsmanship. Is it suggested that the officers of the Crown Law Department do not scrutinize regulations with sufficient care?


Senator ALLAN MACDONALD (WESTERN AUSTRALIA) - Many regulations do not come before the Crown Law Department..


Senator BRENNAN - When they are purely formal such a procedure is unnecessary. If the amendment be carried, some officer of high legal standing will have to certify that all regulations, including some of minor importance such as I have mentioned, are not in excess of the powers conferred by the act under which they are made. I appeal to honorable senators to trust the officers of the Crown Law Department, who always see, so' far as they can, that regulations are not in excess of the powers conferred by the act.







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