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Friday, 25 September 1936


Senator BRENNAN (Assistant Minister) (Victoria) . - In proposed new section 50, the effect of the repeal of a regulation is set out, and all that is now provided in section 48 4 is that disallowance of a regulation shall have the same effect as the repeal of a regulation.

Clause, as amended, agreed to.

Clause 12 -

1.   Where, prior to the commencement of this Act, any regulations to which section ten of the Acts Interpretation Act, 1904-1934 applied, were expressed to take effect from a date before the date on which those regulations were notified in the Gazette, those regulations shall be deemed to have been lawfully made and to have the same force and effect as if this Act had been in force when those regulations were made.

Provided that nothing in this section shall affect the operation of any judgment, order or conviction obtained or made before the commencement of this Act.

2.   Where any regulation to which sub section (1.) of this section applies is disallowed by either House of the Parliament, a regulation the same in substance as the regulation so disallowed may, notwithstanding section forty-nine of the Principal Act as amended by this Act, be made within six months after the date of the disallowance.

SenatorBRENNAN (Assistant Minister - Victoria) [11.38].- I move -

That the words been lawfully made and to have", sub-clause 1, be left out.

Honorable senators have indicated a desire to make it quite clear that a regulation shall not impose additional liabilities upon any persons or deprive them of their accrued rights. Sub-clause 1 provides that a regulation shall be deemed to have the same force and effect as if this measure had been in force when the regulations were made. This bill now provides in proposed new section 48, sub-section 2, that -

Regulations shall not be expressed to take effect from a date before the date of notification in any case where, if the regulations so took effect--

(a)   the rights of a person (other than the Commonwealth or an authority of the Commonwealth) existing at the date of notification, would be effected in a manner prejudicial to that person.

This clause provides that -

.   . regulations shall bo deemed to have been lawfully made and to have the same force and effect as if this act had been in force when those regulations were made . . .

Accrued rights will not be affected, and new regulations cannot impose additional liabilities.


Senator Duncan-Hughes - That is contrary to what we were told the other day.







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