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Wednesday, 25 September 1974
Page: 1393


The TEMPORARY CHAIRMAN (Senator Marriott (TASMANIA) - Is leave granted? There being no objection, it is so ordered.


Senator GREENWOOD - I move:

1.   In clauses 4,5, 13, 14 and 15, omit the words: 'or a prescribed legislative or advisory body for another Territory'.

2.   In clauses 7, 8, 9 and 10 omit the words: 'or a legislative or advisory body for another Territory prescribed for the purposes of Section 47c of the Public Service Act 1922-1974'.

3.   In clause 12, omit the words: 'certain other legislative or advisory Bodies'. Substitute the following: 'the Legislative Assembly for the Northern Territory. '

4.   In clauses 1 7 and 1 8, omit the words: 'or a legislative or advisory body for another Territory prescribed for the purposes of section 7 of the Defence (Parliamentary Candidates) Act 1969-1974'.

The Opposition looked at this closely in the time we had available. As I said, we would have liked to have the opportunity of talking about it but we have not had the time. We welcome the opportunity for the Committee to adopt these amendments. I accept, as the Attorney-General said, the principle with which the Bill is concerned. It is a good principle yet in the case of the Commonwealth Parliament it is something which is prohibited by the Constitution unless the principle is acknowledged. I mention that only to indicate that it is not an unimportant principle. We believe that if there is to be an application of this provision in the future it ought to be done by legislation and not left to be done by regulation. I mentioned earlier in the debate the situation in the Australian Capital Territory and on Norfolk Island simply because they are the only other relevant territories. This provision can have no application either to the Australian Capital Territory or Norfolk Island unless legislation or another ordinance is introduced. If another ordinance were to be introduced it would be a very significant policy matter which is covered by the ordinance. We believe that rather than leave the matter obscure to be dealt with by regulation at some stage in the future the whole question ought to be dealt with at one and the same time by legislation. They are the considerations that we advance. We think it is consistent with the view that the Senate has generally taken in the past to do it this way.







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