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Wednesday, 4 December 1974
Page: 3126


Senator MISSEN (Victoria) - I will not enter into the debate as to the matters which Senator Greenwood has raised and which perhaps ought to be covered in view of the various problems which obviously exist in this area. I want to say in regard to that part of the amendment which the Government has accepted, and which basically is similar to the one I moved last night, that it deals with an exception. It deals with a situation where some cases have commenced before 3 December and the defence of illegality has been raised. I understand from inquiry that only a relatively few cases would be involved in that particular exception. Thus the just and equitable situation will have to be determined by courts in a relatively few number of cases. It is not as though we are creating something which will provide for many years a difficulty in which a long line of cases will have to be developed. I suggest that the relatively few current litigations is a factor that ought to be taken into account in considering the amendment.







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