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Thursday, 20 September 1973
Page: 1379

Mr Clyde Cameron (HINDMARSH, SOUTH AUSTRALIA) - At this point we are considering clause 4. I should say that I have just discovered that the honourable gentleman - it is not his fault; the Opposition at large must share the blame for this - has made a mistake in the clause which it appears we will not now get to. That is clause 54. The Opposition seeks to delete from the clause the provision which permits the Minister to appoint. Inadvertently it has left in the sub-section which allows the Minister to appoint the arbitration inspectors. I know that that was not your intention and I thought it only fair to tell you.

Mr Malcolm Fraser - Arbitration inspectors?

Mr Clyde Cameron (HINDMARSH, SOUTH AUSTRALIA) - Yes. Clause 54 deals with -

Mr Malcolm Fraser - Perhaps I could formalise this position by suggesting that clause 54 be taken now with clause 5. Then we could debate the 2 points which the Minister has started to debate and we could pursue them. The Minister has started to debate clause 54.

The CHAIRMAN - I recognise that. The question before the Chair is that clause 5 be postponed until after clause 54 is dealt with. It would not be in order to bring clause 54 forward.

Mr Malcolm Fraser - I am told that there is nothing in the Standing Orders to prevent that so long as the Minister at the table agrees.

The CHAIRMAN - The Standing Orders provide that the clauses be taken in order. The only way in which we could get to clause 54 now that I can see would be if all clauses up to 53 were postponed.

Mr Malcolm Fraser - With great respect, I was advised earlier this evening that if both sides of the table agreed it would be possible to take clauses out of order. I am told that that is the advice of the Clerks.

The CHAIRMAN - You could ask for leave.

Mr Malcolm Fraser - I am asking for leave to deal with clause 54 with clause 5. The Minister can say what he likes about clause 54.

The CHAIRMAN - Order! I think it would be much more convenient for all concerned if you were to change the motion you have moved and we were to postpone -

Mr Malcolm Fraser - That is not the purpose, because it is an important clause and 1 would like to deal with it.

The CHAIRMAN - If you ask for leave to deal with clause 54 and the Minister agrees or the Committee gives you leave we can follow that procedure.

Mr Malcolm Fraser - I ask for leave to deal with clause 54 and clause 5 together because they are related to each other.

The CHAIRMAN - Is leave granted?


Mr Malcolm Fraser - The Minister was speaking to clause 54 and should be allowed to continue.

Clause 54:

Section 125 of the Principal Act is amended - Public Service Act 1922-1973 in the Department of Labour or a person temporarily employed under that Act as an Inspector, Senior Inspector or Inspector-in-Charge in that Department is an Inspector for the purposes of this Act. " (2b) Where a person appointed under subsection (2) is not an officer of the Public Service or a person temporarily employed in the Public Service, he shall be appointed for such period as is specified in the instrument of appointment and holds office upon and subject to such terms and conditions as the Public Service Board determines.";

(b)   by omitting from sub-section (6) the words "Department of Labour and National Service certifying that be is an Inspector for the purposes of this section " and substituting the words "Department of Labour certifying that he is an Inspector for the purposes of this Act "; and

(c)   by adding at the end thereof the following sub-section: " (8) The Secretary to the Department of Labour shall, at least once in each year, commencing with the year 1974, furnish to the Minister a report on the operation of this section, and the Minister shall lay a copy of every such report before each House of the Parliament as soon as practicable after its receipt by him.".

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