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Tuesday, 28 June 1904


Mr GROOM (Darling Downs) - Does not the Prime Minister consider that it is necessary to add the words "or any person authorized in writing to inspect or enter any place " ? Some protection needs to be given to persons who will be carrying out executive duties on behalf of the Court.


Mr Watson - Do not the words " any person authorized as aforesaid " meet that case ?


Mr GROOM - Will they meet the case of persons performing executive duties?


Mr Watson - This clause deals more with obstructions to the Court than with the administration of the measure.


Mr GROOM - I ask the Prime Minister to consider the advisability of making a further amendment.

Amendment agreed to.

Clause, as amended, agreed to. Clause 51 -

The Court may, subject to the approval of the Governor-General, make rules regulating the practice and procedure of the Court, and subject to such rules the practice and procedure of the Court shall be as directed by the Court, or, when the Court is not sitting, by the President.

Amendment (by Mr. Watson) proposed' -

That the following sub-clause be added : - "2. All such rules shall be laid before both Houses of the Parliament within thirty days after the making thereof, or, if the Parliament is not then sitting, within thirty days after the next meeting of the Parliament."

Mr. GLYNN(Angas).- I would point out to the Prime Minister that this session we have passed an Acts Interpretation Amendment Act.


Mr Watson - This provision is in accordance with that Act.


Mr GLYNN - It may be in accordance with the Bill as introduced, but it is not in accordance with the Act as passed. The Bill was amended on my suggestion. We made provision that, where any Act confers power to make regulations, regulations made accordingly - shall, unless the contrary intention appears, be laid before both Houses of the Parliament within thirty days of the making thereof.


Mr Watson - Is there any provision with regard to regulations being disallowed ?


Mr GLYNN - I am not arguing that we should rely absolutely on the words of the Act, because it may be held that the rules and practices of the Court are in a different category from the regulations contemplated by the Acts Interpretation Amendment Act. I am not sure that " regulations" are properly defined in the original Acts Interpretation Act. In subclause 3, which the Prime Minister intends to move, it is provided that a resolution of disallowance must be passed within fifteen days, which very often will be impossible.

Amendment agreed to.

Amendment (by Mr. Watson) proposed -

That the following sub-clause be added : - " 3. If either House qf the Parliament, at any time within fifteen sitting days after such regulations have been laid before it, passes a resolution disallowing any regulation, that regulation shall thereupon cease to have effect."

Mr. GLYNN(South Australia). - The provision for disallowance in the Acts Interpretation Act, as amended, is, I think, what is aimed at; but the form adopted in the amendment is the form in which the clause of the Bill appeared before it was amended. In the amended form the clause reads -

But if either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after such regulations have been laid before such Houses, disallowing such regulations, such regulations shall thereupon cease to have effect.

The point is that, as amended, the clause of the Acts Interpretation Bill instead of providing, as is proposed in this amendment, that regulations may be disallowed by resolution _within fifteen days after they have been laid before Parliament, provides that they may be disallowed by the carrying of a resolution of which notice has bee l given within fifteen sitting days after they have been laid before Parliament. With the consent of the Prime Minister, I move -

That the amendment be amended by leaving out all the words after the word " Parliament," with a view to insert in lieu thereof the following words, '' passes a resolution of which notice has been given at any time within fifteen sitting days after such rules have been laid before such House disallowing 'any rule, such rule shall thereupon cease to have effect."


Mr Watson - I agree to that. Amendment of the amendment agreed to.

Amendment, as amended, agreed to. Clause, as amended, agreed to.

Clause 52 -

Where any organization or person bound by an order or award has committed any breach or non-observance of any term of the order or award for which the Court has fixed a maximum penalty, any organization or person entitled to the penalty may proceed for the recovery thereof in any Court of summary jurisdiction.







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