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Wednesday, 4 December 1935

Senator A J McLACHLAN (SOUTH AUSTRALIA) (Postmaster-General) . - Section 49 of the original act reads -

The Commissioner may compound and agree with any person who has entered into any contract in pursuance of or under tho authority of this act, or against whom any action or suit is brought for any penalty contained in the contract, or in any bond or other security for the performance thereof, or for or on account of any breach of performance of the contract, bond or security for such sum of money or other consideration as tho Commissioner thinks proper.

I do not think the provision has been curtailed by any subsequent amending bill. The section quoted gives to the Commissioner exceedingly wide powers which are exercised with discretion. There are cases, as Senator Hardy has pointed out, in respect of which it is advisable that the relationship of the Commissioner and the war service homes purchaser should be terminated. Where the proposal is a reasonable one, section 49 will continue to operate, notwithstanding the provisions of this bill which, as I said before, grants relief, and does not take away anything.

Senator Hardy - Does section 49 override sub-section 3 of section 39 ?

Senator A J McLACHLAN (SOUTH AUSTRALIA) - The wider powers as to compounding, &c, contained in section 49 are not affected.

Clause agreed to.

Clause 6 (War service homes relief trust account).

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