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Thursday, 13 May 1965

Senator O'BYRNE (Tasmania) .- Having widely canvassed this particular matter and having had the considered opinions of various honorable senators whose minds are trained to look into these questions, lel me express the view briefly that what the Minister has done is to place on record his views which, I believe, accord with the spirit of the amendment but have left the letter of the amendment open to hypothetical and theoretical construction. On what the Minister has said in reply to the various queries which have been raised, I do not believe it can be taken that those who will interpret this amendment will take into consideration that when it was being debated it was intended that no innocent person should suffer because of the wording of the amendment. I hope that, finally, that intention will be expressed in the measure in the best possible way.

The CHAIRMAN - Order! Senator McKenna suggested an amendment and I said that it was .not in order. I based my ruling on Standing Order No. 149 which states -

When it is proposed to leave out words in the Original Question in order to insert or add others, no Amendment to the words proposed to be inserted or added can be entertained until the Question that the words proposed to be left out be left out has been determined.

That question has not yet been determined. The question now before the Committee is -

That the words proposed to be left out be left out.

Question resolved in the affirmative.

The CHAIRMAN - The question now is-

That the words proposed to be inserted be inserted.

Seantor McKENNA (Tasmania - Leader of the Opposition) [1 2.22]. - I now move, as an amendment to the Minister's proposed amendment -

After the word " instructions " add " or without his authority ".

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