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Thursday, 1 April 1965


Senator MURPHY (New South Wales) . - I feel constrained to rise again in view of what has been said by the Minister so that every honorable senator will understand what is really at stake here.. The Minister said that the method he proposed would mean that any honorable senator would be able to take action. It is quite clear that if this Parliament now gives to the Executive the power to make this delegated legislation by instrument in writing and not by way of regulation, the Senate would not be able to disallow the action of prescribing classes. If it is done by regulation, the Senate will be able to supervise that delegated legislation. In other words, if it is not done by regulation but by an instrument in writing, the Senate will have no power whatever over the exercise of the delegated legislative authority. It is as simple as that and I think the Minister must understand it.

He has said that individual senators can do something, but not even the whole Senate can do anything. It would not matter whether the Senate determined, by an absolute majority, to do something about it. The Senate would have no power. Of course, as I have said, if it is done by regulation the Senate could disallow the regulation, but neither the Senate nor the

House of Representatives would have any power to supervise the exercise of this delegated legislative authority if it is allowed to be exercised not by regulation but by an instrument in writing. This is wrong. This should not be done. This is a bad precedent, and I hope that honorable senators, or enough of them, will see the evil that is inherent in this to enable the proposed amendment to be carried.

Question put -

That the words proposed to be left out (Senator Wright's amendment) be left out.







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