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Thursday, 3 March 1932


Mr LYONS (Wilmot) (Prime Minister and Treasurer) . - I move -

That after the definition of "Liability", the following definitions be inserted: - " Loan Council " means the Australian Loan

Council established in pursuance of the Agreement, between the Commonwealth and the States, which is contained in the schedule to the Financial Agreement Validation Act 1929; " Person " includes a body corporate orunincorporate and a partnership;


Mr Beasley - Copies of the amendments proposed by the Prime Minister (Mr. Lyons) were not handed to honorable members until the conclusion of the consideration of the last measure, and I defy any member to tell, at a glance, exactly what their effect will be.


Mr LYONS - It is necessary to insert the definition of "Loan Council", because its full name is the Australian Loan Council.


Mr Beasley - Obviously there is a desire on the part of the Government to rush these amendments through before honorable members have an opportunity of discovering precisely what they mean.

Amendment agreed to.

Amendment (by Mr. Lyons) agreed to-

That in the definition of " prescribed moneys " the words " owing by any person to a State and becoming payable " be omitted, with aview to insert in lieu thereof the words " due and payable by any person to a State ".

Clause also verbally and consequentially amended, and, as amended, agreed to.

Clause 5 (Application of part to State after declaration of High Court). (3.) At any time, and from time to time, after the publication in theGazette of a copy of a certificate of the Auditor-General, the Attorney-General may apply to the High Court for a declaration that the amount set forth in the certificate or one or more of the sums comprised in that amount is or are due and payable and unpaid by the State to the Commonwealth. (4.) Any such application may be made by motion of which not less than three days' notice shall be given to the Attorney-General of the State concerned. (5.) The application shall be heard by a Full Court consisting of not less than three Justices, and upon the hearing of the application a certificate of the Auditor-General given in pursuance of sub-section (1.) of this section shall be prima facie evidence that the amount certified to be due and payable and unpaid by the State to the Commonwealth under or by virtue of the Financial Agreements is so due and payable and unpaid and that the sums comprised in that amount are due and payable and unpaid in respect of the items set forth in the certificate.'







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