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Tuesday, 7 December 1965

Mr KILLEN (Moreton) (12:13 PM) .I move -

Omit paragraph (c) of sub-clause (1.).

I submit that it would be farcical for the Tribunal not to be bound by the rules of evidence. This Tribunal will conduct far reaching inquiries. Its orders will have the force of law. A person appearing before it may be charged with and punished for contempt of the Tribunal, notwithstanding that this power may not be enforced by the Tribunal. It will garner to itself tremendous authority - far reaching sub-legislative authority, to use the recent word that has crept into the lexicon. A person appearing before the Tribunal may not refuse to answer a question or produce a document on the ground that the answer or the document may tend to incriminate him. This Tribunal has all the trappings of a judicial body, yet it does not proceed in a judicial way.

Mr Clyde Cameron - Nor does the Conciliation and Arbitration Commission.

Mr KILLEN - I am dealing with the Tribunal. Whatever faults may exist in another body, we cannot cure those faults by confirming faults that are readily apparent here. These tremendous powers should not be given to this body unless it observes the rules of evidence.

Amendment negatived.

Clause agreed to.

Clause 71 agreed to.

Clause 72. 72.- (1.) The Tribunal may take evidence on oath or affirmation, and for that purpose a member may administer an oath or affirmation.

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