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Tuesday, 17 November 1964

Senator ANDERSON (New South Wales) (Minister for Customs and Excise) . -Senator Cohenhas used the forms of the House relating to the first reading of money bills to express a point of view in relation to a matter not associated with the Customs Tariff Validation Bill 1964. That is his inherent right. At an earlier hour today the President of the Senate ruled that the motion of urgency moved by Senator Cohen was not in order, having regard to section 9 of the Constitution. The motion adverted to the vacancy in the Senate brought about by the death of Senator Vincent. It must be understood that anything I say is clearly not a reflection on the ruling which has been given by the President. It is merely an excursion into a broad subject along the lines which have been set down by Senator Cohen. He has given us his legal view on the sections of the Constitution which deal with casual vacancies. As I think he will admit, he is expressing a view completely contrary to the views that have been followed in this field since Federation.

Senator Cohen - This has never occurred before. It is a completely new occasion.

Senator ANDERSON - The honorable senator referred to Quick and Garran, who gave a legal view at the time when the Constitution was written, but everything that has happened since that time shows that where vacancies have been brought about after the issue of a writ-

Senator Cavanagh - Before an election?

Senator ANDERSON - And before an election.

Senator Cavanagh - When did it happen?

Senator ANDERSON - Just wait for it.

Senator Paltridge - There is plenty of precedent.

Senator ANDERSON - There is plenty of precedent.-I shall cite a couple of cases to make the point. Ever since Federation the situation has been that vacancies of this nature have been filled by an appointment made by a State House or the Houses of Parliament in the State concerned.

Sitting suspended from 11.31 till 12.15 a.m.

Wednesday, 18th November 1964.

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