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Wednesday, 14 August 1974
Page: 907

Senator MURPHY (New South WalesAttorneyGeneral) - I would not doubt what Senator Wright has said. Surely the functions under clauses 22 and 23 ought to be outside the scope of a direction given by the AttorneyGeneral. I have said, and those who advise me also take the view, that these provisions are clearly in connection with the functions and powers under Part VII. We should not let this be dealt with on a difference of viewpoint between Senator Wright or Senator Greenwood on one side and myself on the other, although I am quite confident that clauses 22 and 23 are in connectionand that is all they are- with the functions and powers under Part VII. I am prepared to spell that out and to move an amendment so that there will be no room for misgiving by senators on the other side.

The First Parliamentary Counsel has attended to the matter and I am prepared to propose that we insert after 'Part VII' the words: 'or under sections 22 or 23 ' so that there will be no room for any misgiving whatsoever. I believe that it is quite unnecessary to insert those words. I am confident that the matter is covered without those words being inserted. If we insert those words the evident intention which Senator Wright expresses and which I share that the matters in clauses 22 and 23 would be exempted from the directions will be carried out. Before we go further I propose, if I am given leave now, to insert after 'Part VII' the words: 'Or under sections 22 or 23 '. I will do so if I am given leave.

Senator Greenwood - We have an amendment.

Senator MURPHY -I appreciate that the Opposition's proposal is to leave out 2 clauses. Before that is dealt with I seek leave of the Senate to insert the words which I suggest: 'or under sections 22 or 2 3'.

Senator Greenwood - Let us defer the question of leave until we have responded to what you have said. We do not give you leave at this moment, put it that way.

Senator MURPHY -Alternatively I undertake to the Senate that if the amendment proposed by the Opposition is defeated I shall move the amendment to sub-clause ( 1 ) of clause 29.

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