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Thursday, 13 May 1965


Senator McKENNA (Tasmania) (Leader of the Opposition) . - I think the Committee has benefited greatly by the dis cussion. The illustration 1 gave was a thought which occurred to me, although the case I dealt with was a remote possibility. [ concede that the other possibilities mentioned are also remote, but the duty of the Parliamentary Draftsman and our duty as legislators is to provide against possibilities, not just to legislate on probabilities. As long as there is a possibility that a person with a completely innocent mind may be wrongfully convicted - no matter how remote that possibility is - 1 think it is our duty to address our minds to it. I do not want to carry this discussion any further and I am genuinely grateful to the Minister for what he has done and for his undertaking to look at this question again in the future. I appreciate that very much and I do not want to rush him at the moment. I invite him to give this matter some further consideration, perhaps in the time between the passing of the legislation in this chamber and its being debated in another place. In order to put on record the viewpoint of the Opposition T will move, as an amendment to the Minister's amendment, that after the word " instructions " the words "or without his authority" be added. That will plainly leave on the record the viewpoint of the Opposition in this place in regard to this matter. I am content that my proposed amendment will be put - it may be rejected - leaving it to the Minister to consider the matter further in the next few days. This course will also serve to alert our colleagues in another place to our line of thinking.







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