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Thursday, 24 September 1936


Senator BRENNAN (Victoria) (Assistant Minister) . - The committee, having decided to insert the new section moved by Senator Duncan-Hughes, the question of its working now arises. . The Government is aware of the difficulties which may arise, and I move -

That the following new sub-section be added to new section 47a: - " (3.) The notificationin the Gazette of any regulation made after the commencement of this section shall be prima facie evidence that a certificate was duly given in respect of that regulation in accordance with sub-section (1) of this section."

Assuming that there was a prosecution, say, in Western Australia, and a question arose as to whether a certificate had been given, it would be necessary for the certificate to be produced. That would necessitate the production of the original document from the files of the Executive Council. As that would create some extraordinary difficulties, I ask the committee to agree to add another sub-section to follow the one which has just been inserted. The effect of the amendment I have moved is that notification in the Gazette shall be prima facia evidence that a certificate has been given.







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