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Tuesday, 28 June 1904


Mr GROOM (Darling Downs) - I should like to ask the Prime Minister whether he has well considered the definition of the term "award," as appearing in this clause, and whether he is satisfied that, as here used, the term includes a common rule? The honorable gentleman will remember that earlier in the discussion of this Bill attention was drawn to the fact that in different parts of the measure awards and common rules were treated as though they were separate and distinct terms, whilst in another part of the measure it would appear to be contemplated that an award includes a common rule. For instance, a common rule is made to apply by an award.


Mr Higgins - If the honorable and learned member will look at paragraph /, of clause 46, he will find that a common rule mav be declared by an award.


Mr GROOM - There was some dispute on the subject, and the honorable and learned member for Corinella emphasized the necessity of making it clear that we were not going beyond the terms of the Constitution, that we were only giving power to make awards, and that the common rule should be considered a part of an award. I wish the Attorney-General to satisfy himself that this is covered by the use of the word. " award " in this instance, as it is of importance in considering the recovery of a penalty imposed for a breach of a common rule. I can quite see the necessity of giving a Stipendiary Magistrate the extended jurisdiction to which the Prime Minister refers. In doing so we shall be following only what we have clone already in section 68 of the Judiciary Act, under the last provision of which a magistrate may be specially authorized by the Governor-General to exercise a jurisdiction. That shows that under our existing law we have, in certain instances, taken the power to appoint special magistrates to exercise Federal jurisdiction. But when we come to consider whether a justice of a State Court of summary jurisdiction, acting under a State Act, can extend his jurisdiction beyond the specific area to which, by the State law, he is restricted, the matter is somewhat dubious. I am inclined to the opinion that the Prime Minister will find that if he wishes to extend the jurisdiction of a State magistrate over a larger area than that accredited 'to the State Court in which he presides, it may be necessary for him to create a special Court, and to give that Court the necessary extended jurisdiction. I ask the honorable gentleman to consider that aspect of the matter:







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