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Wednesday, 14 August 1974
Page: 906


Senator MILLINER (Queensland) - I ask honourable senators opposite not to proceed with their amendment. I believe that there is adequate provision in the draft of the legislation to protect against everything which has been said here today by honourable senators opposite. I think that in sub-clause (2) we have all the protection that is necessary. It states:

Any direction given to the Commission under sub-section ( I ) shall be in writing and the Attorney-General shall cause a copy of the direction to be published in the Gazette as soon as practicable after the direction is given.

Can honourable senators visualise any AttorneyGeneral giving a stupid direction? He would not give a stupid direction. He would give what he believed was a sensible and reasonable direction. But he must give it in writing. Then, having given it in writing, he must have it published in the Gazette'. Surely that is an adequate safeguard against something unforeseen. Honourable senators opposite in all their wisdom say that everything is covered by all the provisions of this legislation. But can they say that everything is covered? I do not think they can. This provision is to provide for special circumstances. I suggest, with respect, that whoever was AttorneyGeneral would not use the power prescribed by this sub-clause unless there were special circumstances. The Attorney-General having used the power is then under the complete control of Parliament. I ask, therefore, that the clause remain as it stands.







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