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Thursday, 15 August 1974
Page: 991

Senator MURPHY (New South WalesAttorneyGeneral) - I thank Senator Greenwood for his indication. I am familiar with what has been put. It is a matter of the construction of the clause. I suppose if one were to read it in an extreme way- that is, as meaning every reasonable precaution- it would mean that the offence could not have been committed, certainly in most cases. I do not think that what has been put is unreasonable. We are aware of the case which has been referred to concerning the Regulations and Ordinances Committee. I am sufficiently confident that no damage will be done to be prepared to accept right now the proposition that Senator Wright and Senator Greenwood have advanced. The expression appears in a large number of other areas of the law, and perhaps if we are to exclude it from this legislation it ought to be excluded from other legislation. The expression is used a great deal in the industrial law, in particular. I think that it would not be unreasonable to accept this proposition on the basis that it ought to be carried through to wherever the expression appears in other legislation. I would be prepared to move the appropriate amendment. I take it that Senator Greenwood has now withdrawn his amendment.

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