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Tuesday, 26 November 1974
Page: 2768

Senator GREENWOOD (Victoria) - The statement that this will provide for an orderly transition represents an objective with which no one would cavil, but why is it necessary to have a specific provision that the transfer can apply only where specified conditions are complied with? I have the impression that a fair interpretation of this clause would give to the Government, the Executive, the power to deal specifically with particular proceedings. In other words, the proceedings of A against B may be transferred or instituted only where specified conditions are complied with. That may be stretching the interpretation to a point where one might say, 'it would never happen', but as the Attorney-General knows, that is not the proper criterion upon which to assess whether particular amendments to legislation are worth while. I believe it has that interpretation and I do not think he has indicated why those particular words are there. Is it possible that this clause could be looked at along with the other postponed clauses with a view to ascertaining whether the provisions are too wide and might be cut down in some way?

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