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Thursday, 24 October 1974
Page: 1944


Senator MILLINER (Queensland) -Mr Chairman,I put a positive proposition to you that the amendment is out of order. I do so on the score that it is a direct negative. I refer you to the definition of 'Australian short film' which appears on page 2 of the legislation. It reads:

Australian short film' means-

(a)   a short film made or commissioned by the Commission . . .

The definition goes on to say other things. But the controlling words of the definition are 'a short film made or commissioned by the Commission'. You will see, Mr Chairman, that the Opposition's amendment gives the definition of an Australian short film as a short film. It does not include the words 'film made or commissioned by the Commission'. So the Bill says that a short film is something which is made or commissioned by the Commission and the amendment says completely the reverse. The amendment says that an Australian short film means a short film, and then it goes on to enumerate in sub-paragraphs (i) and (ii). It does not include the words 'made or commissioned by the Commission'. I am sorry to have to do this to you at short notice, Mr Chairman. I did not give you any advance warning as to what I believe to be the situation and I do not want to place you in any embarrassing position. Nevertheless, it is my opinion that the amendment is a direct negative. If you study the amendment closely I believe you will arrive at the same conclusion.

The CHAIRMAN (Senator Webster)Senator Milliner, I do not uphold your suggestion. It appears to me that in the full context of the amendment it is not a direct negative of what appears in the legislation. As you have stated your proposition, there certainly does appear to be an omission of those words 'a short film made or commissioned by the Commission'. But it is not for me to decide whether that happens to be a direct negative of the legislation. I uphold the amendment as it reads.







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