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Wednesday, 14 August 1974
Page: 944


Senator WRIGHT (Tasmania) - I ask the Committee to notice the enormity of the proposition just put by the Attorney-General that it is possible for a State to pass legislation specifically saying that a matter should not be had regard to, and that it could do so for the purpose of defeating the Commonwealth legislation. It is imperative that the Australian Parliament should deal with such a situation. It is not proper in such circumstances that Federal regulations negative the State statute. We would know what to do if a State parliament put through a sunversionary provision which was designed to defeat the purpose of the Act. I suggest to the AttorneyGeneral that that would be eminently a case where the Federal Parliament would take in hand this Bill and insert an amendment to deal with the situation. I would have nothing more to say if an amendment was put through by Act of Parliament. But the very thought and conception of giving to the regulation making power underneath this Parliament a right to negative a State statute that has been put through by a State parliament is not acceptable to me. I think it is eminently required that we should deal with a case like that by statute and not by regulation.







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