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Thursday, 9 March 1972
Page: 620


Senator GREENWOOD (VictoriaAttorneyGeneral) - I think one can say, in response to Senator Murphy, that the provision about statements from the dock really is part of the substantive procedural criminal law and therefore is not affected by these provisions. Nevertheless there is some expression made in this Bill, I think, relating to the right of the judge or tribunal to make comment in circumstances where statements are not made. Certainly, in the generality, I would agree with the approach taken by Senator Murphy to the 3 points raised by Senator Cavanagh. The only slight comment I would make which would depart possibly from what Senator Murphy said is that it was not part of the ordinance that the Houses of Parliament or committees of the Houses of Parliament should be excepted from the definition of 'court' because it was assumed that no-one would regard an ordinance as having that application. Where an Act of Parliament is concerned, there is nothing like being cautious of the interpretations which ingenious people may put on provisions.

Clauses agreed to.

Clauses 9 to 11 - by leave - taken together, and agreed to.

Clauses 12 to 16 - by leave - taken together, and agreed to.

Clauses 17 to 21 - by leave - taken together, and agreed to.

Clauses 22 to 27 - by leave - taken together.







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