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Wednesday, 25 August 1937


Senator COLLINGS (Queensland) . - Having given some studyto the bill, and having listened attentively to the speech of the Minister introducing it (Senator Brennan), it seems to me that its passage is desirable, although I admit that as usual there is, in the legal phraseology employed, much that I do not understand, but I am satisfied that the provisions of the bill are an improvement on existing conditions. Therefore my colleague and I shall not offer any opposition to its passage. There is, however, one provision about which I should like some information. Proposed new section 50 reads -

Wherean act confers power to make regulations, the repeal of any regulations which have been made under the act shall not, unless the contrary intention appears in the act or regulations effecting the repeal -

(c)   affect any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced ... as if the repealing act or regulation had not been passed or made.

It seems to me that the effect of the disallowance of a regulation should not be quite the same as that of its repeal, because one has been the law, whereas the other is the law only pending its approval by Parliament. I do not know if there is anything in my objection, but I should like the Minister to explain the difference in the two sots of circumstances if he can.







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