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Tuesday, 14 June 1904


Sir JOHN QUICK (Bendigo) - I think it is highly desirable to secure uniformity of expression in this measure. I have found in many Acts passed, not only by State Legislatures, but by . this Parliament, changes of expression, and a want of uniformity. Wherever there is divergence of expression relating to the same subject-matter it always leads to doubt and difficulty: In this Bill different forms of expression are used with reference to the same subject-matter. In clause 24 it is provided that the President shall have certain powers " to prevent and settle industrial disputes." There is no reference to " within the meaning of this Act " there. In clause 26 it is provided that the Court shall have jurisdiction " to prevent and settle, pursuant to this Act, all industrial disputes."


Mr Watson - The honorable and learned member will see that the State authority has power to deal with a class of disputes outside those cases which may be dealt with by the . Federal Court; and it was with a view of distinguishing between the classes of disputes to be dealt with that the words were introduced.


Sir JOHN QUICK - There is some justification for their introduction in this clause, but we should endeavour to maintain uniformity of expression whenever we are dealing with the same subject-matter. I do not see any particular objection to the use of the words within the meaning of this Act " in this particular clause, where it is desired emphatically to discriminate between the jurisdiction of the Federal and of the States tribunals. But what troubles me is the question ' whether this clause is necessary at all. I see no necessity for it. If a State Arbitration authority exceeds its jurisdiction it may be enjoined and stopped, not only by an injunction from the Supreme Court of the State, but also by an injunction of the High Court. There is no necessity for conferring fresh power upon this tribunal. There is ample power under existing legal machinery to prevent a State tribunal from exceeding its jurisdiction. I shall support the amendment, and I do not conceive it to be worth while to take up time in discussing the desirability of retaining the words.

Amendment agreed to.

Clause, as amended, agreed to.

Clause 30 -

A certificate by the Registrar that any dispute relating to industrial matters is an industrial dispute extending beyond the limits of any one State shall beprimafacie evidence that the fact is as stated.







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