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Tuesday, 28 November 1905

Mr KENNEDY (Moira) - As I understand the honorable and learned member for Angas, the object of the amendment is to exclude the provisions of Part VII. from the scope of the Bill, but, having listened attentively to the speeches of the honorable and learned members for Northern Melbourne, Indi, and Werriwa, I have come to the conclusion that that object would not be achieved if the amendment were carried. The honorable and learned member for Angas interjected when the Attorney-General was speaking that section 62 of the English Act separates ownership of goods from ownership of a trade mark. It is proposed to practically embody that section in the Bill. I did not, however, follow the honorable and learned member for Northern Melbourne in his statement that section 62, and subsequent sections, give power to register union labels.

Mr Higgins - The principle of. the union label is recognised in section 62.

Mr KENNEDY - It may be ; but I do not think that that section has a union label tinge upon it, which confirms me in the view that the object of the honorable and learned member for Angas would not be achieved, even if the amendment were carried. In any case, I think that this is not the proper place to test the feeling of the Committee in regard to the trade union label provisions. I agree with the AttorneyGeneral that, in view of present conditions, it would not be wise to define a trade mark here, seeing that, for some considerable time, we must carry on the Trade Marks Acts of the States. Clause 16, however, defines the essential particulars of a registrable trade mark, and if an effort is to be made to test the propriety of defining a trade mark, I think it should be made on that clause.

Mr Isaacs - No ; because it is provided that the provisions of Part III. shall not apply to the workers' trade mark provisions.

Mr KENNEDY - I like straight-out votes on clear-cut issues, and I do not think that such a vote would be obtained on the union trade marks provisions by dividing on the amendment. The proper time to test the feeling of the Committee in regard to those provisions will be when we come to Part VII., whose consideration I am prepared to approach with an open mind. I suggest the withdrawal of the amendment.

Mr Glynn - I think that the proposed definition should be inserted, whether the union trade label provisions are or are not agreed to.

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