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Thursday, 24 September 1936


Senator MILLEN (Tasmania) .- The Leader of the Opposition (Senator Collings) has become needlessly excited, with the result that his utterances lack their customary logic He has spoken of the danger of one House of the Parliament disallowing a regulation. I assume that no question of regulations being ultra vires arises. An alteration of an act or of a regulation does not make it ultra vires. If a regulation is ultra vires, the court will say so; and on ite decision a government may have to pay back money it has received. From the remarks of the Assistant Minister (Senator Brennan), it would appear that the disallowance of regulations is governed by mathematics, in which the number fifteen plays a prominent part. Are we to do certain things within fifteen days, or are we to have a longer period for consideration. That is all that we have to decide. There is no question of embarrassing governments. In order to give full force to our arguments, we have all expressed rather extreme views, but that does not alter the position which has to be faced. Is it to be merely a matter of mathematics? If any section of the community has found that a. regulation has had an effect not intended by the Parliament the Parliament should have the opportunity to say that the regulation should be amended, without there being any necessity to repeal the whole of the legislation under which it was promulgated.







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