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Tuesday, 7 December 1965

Mr SNEDDEN (Bruce) (AttorneyGeneral) .- I thought I had made the position clear. When a question of law arises before the Tribunal, three possibilities exist. The Tribunal itself can determine the question of law; or it can, of its own motion, refer it to the Court for determination; or, if it does neither, a party can ask it to refer the matter to the Court for determination. The issue which the honorable member for Moreton (Mr. Killen) wishes to force here is that if a party makes an application for a reference the Tribunal must make that reference. I have made the point that it could not be made mandatory on the Tribunal to make the reference because, if it were made mandatory the procedure of the Tribunal would be vastly interrupted. Such a provision could be used as a delaying device to prevent the Tribunal from ever reaching a determination.

Sitting suspended from 11.30 p.m. to 12 midnight.

Wednesday, 8th December 1965.

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