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Friday, 16 August 1974
Page: 1089

Senator CAVANAGH (South AustraliaMinister for Aboriginal Affairs) - The amendment is intended to require the Minister for Transport to obtain the agreement of the State concerned to declare a road as an export road. It is difficult to see the logic of the amendment. It is envisaged that the Australian Government would have full power to declare national highways under this Bill and to declare all roads under the Roads Grants Bill. We ask: Why should an export road be an exception? I am informed that, if the amendment were carried in the terms in which it has been moved, it would not result in the sub-clause being a grammatical sentence and having a definite meaning. For legal purposes, if the proposed Act is to apply to export roads it is necessary for the Minister to declare what roads are to be export roads for the purposes of the Act. An agreement with the States that certain roads are export roads would not be sufficient unless the definition of 'export roads' in sub-clause (1) of clause 3 were redrafted. The amendment, as moved, is not in language that is capable of proper definition and would need redrafting to be grammatically correct. Therefore, the Government opposes the amendment.

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