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Thursday, 3 December 1936


Senator BRENNAN (Victoria) (Assistant Minister) . - I move -

That the amendment be agreed to.

Amendment No. 4 is consequential on amendment No. 5. It deals with a new sub-clause fixing the date of assent as the date of commencement of acts altering the Constitution. The reason for the new sub-clause is that in regard to an ordinary act passed by Parliament it is extremely probable that it has excited no great public interest before coming into operation; therefore its coming into operation might not be known in distant parts of Australia until some considerable time afterwards. But in regard to an act designed to secure an alteration of the Constitution it is thought that sufficient interest will have been aroused throughout Australia for the people to comprehend, even before they see the actual terms of the act, the nature of the proposal contained therein.

Motion agreed to.

Clause 13-

After section 40 of the principal act the following headings and sections are inserted: -

Regulations.

48.   - (1. ) Where an act confers power to make regulations, no regulation shall be made accordingly, unless the Attorney-General or the Solicitor-General, or some officer of the Attorney-General's Department thereto authorized in writing by the Attorney-Generalor the Solicitor-General, certifies that the regulation, if made, would not be in excess of the power conferred by the act under whichit purports to be made. (2.) Any regulation made in contravention of this section shall be void and of no effect. (3.) The notification in 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.

House of Representatives' amendment No. 6- Omit proposed section 48.







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