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Monday, 11 June 1928

Mr LATHAM (Kooyong) (AttorneyGeneral) . - I understand that the honorable member's remarks are directed to the proviso attached to proposed section 70a, sub-section 2 of which provides that any member of an organization who is an officer thereof and who is suspended or expelled under this provision from membership of the organization shall thereupon cease to hold and shall become incapable of holding office in that organization. The proviso means what it says, that the court may, upon the application of the member at any time, make an order removing the incapacity and thereupon the member shall again become capable of holding office iu the organization. That does not make him an officer of the organization, but merely enables the members, if they think fit, to elect him as an officer.. The only effect of the proviso is that an order may be made by the court removing the incapacity of that member, should the members think fit, to hold office.

Mr FENTON (MARIBYRNONG, VICTORIA) - Why should the court decide that?

Mr LATHAM - Proposed section 70b immediately following provides for an appeal against suspension or expulsion from membership. I admit that there is something to be said for the suggestion of the honorable member that notice of appeal should be given to the organization.

Mr Fenton - It appears to me that under the proviso an expelled member may be reinstated without the union having any knowledge of the reinstatement.

Mr LATHAM - He will be elegibleunder the proviso, to be elected to office. Perhaps it would meet the honorable member's wishes if proposed section 70b were amended to provide for so many days' notice to be given to the organization of an appeal from expulsion or suspension. I should be quite prepared to accept an amendment to that effect.

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