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Thursday, 9 March 1972
Page: 667

Senator MURPHY (New South WalesLeader of the Opposition) - I did that originally, but I will repeat what I said. The effect of the proposed law on existing and future laws of the various Territories of the Commonwealth, including the Territory of Papua New Guinea, is this: As regards Papua New Guinea the amendment will apply the Act to offences under the Commonwealth Acts and Imperial Acts extending to the Territories but not to offences under local laws of the Territory. However, the amendment will apply the Act to all laws of the Northern Territory and the Australian Capital Territory. Future internal Territories ordinances which might attempt to impose the death penalty would be invalid because they would be inconsistent with proposed clause 2, sub-clause (3.) of the Bill, on the principle that an ordinance cannot be inconsistent with a Commonwealth Act. Proposed Sub-clause (3.) purports to apply to the full extent that the Commonwealth Parliament is able to legislate. That is the clear basis and operation of proposed subclause (3.).

Proposed new sub-clause (3.) agreed to.

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