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Wednesday, 14 August 1974
Page: 897


Senator MURPHY (New South WalesAttorneyGeneral and Minister for Customs and Excise) - I move:

(l)   Leave out sub-clauses (3) and (4), substitute the following sub-clauses:

(   3 ) Subject to sub-section (4), the remaining provisions of this Act shall come into operation on a date to be fixed by Proclamation.

(4)   Sub-sections 45 (1) and (2), except so far as they relate to contracts, arrangements and understandings referred to in sub-section 88(2), and sub-sections 47(1) and 49 ( 1 ), shall not come into operation until the expiration of 4 months after the date fixed under sub-section (3).

(5)   A reference in sub-section 45 (1) or (2) to the commencement of the sub-section concerned shall be read:

(   a ) for the purposes of the application of the sub-section concerned in relation to a contract, arrangement or understanding referred to in sub-section 88 (2)- as a reference to the date fixed under sub-section (3) of this section; and

(b)   for the purposes of the application of the sub-section concerned in relation to any other contract, arrangement or understanding- as a reference to the expiration of the period referred to in sub-section (4) of this section.

(6)   The power of the Governor-General to make appointments of members of the Commission or to make regulations under this Act may be exercised at any time after the day on which this Act receives the royal assent but any appointment or regulation so made shall not take effect until the date fixed under sub-section ( 3 ). '.

This amendment deals with the provisions which relate to the coming into operation of the Act. We want the Act to come into operation smoothly. A lag is prescribed in respect of certain provisions. I think that this amendment ought to meet the Opposition's objections. It goes a Utile further. I trunk it incorporates exactly what the Opposition wants, but it provides that price agreements will not be entered into during the 4 months time lag. Otherwise there would be a period of open slather on price agreements. I suggest that Senator Greenwood look at the amendment. He is very astute and very rapid in his understanding of complicated legal provisions. As the amendment incorporates his suggestion, it ought to be readily seen by him to be a sensible provision. I ask the Committee to adopt it. If he says that there is a shortage of time or if he feels subsequently that the provision is not satisfactory in some way and that he would like to recommit the .matter, I would be very happy to agree that the matter be recommitted. If he is not satisfied with his immediate study of the amendment now and over lunch, I think he ought not to be prejudiced. The matter may be recommitted and dealt with de novo in the course of the day. My advisers' view is that this covers everything that the Opposition was concerned about and outlaws price agreements during that 4 months period. It is something that ought to be readily adopted by the Committee.







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