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Wednesday, 17 September 1958


Mr JOSKE (Balaclava) .- Knowing that the honorable .member for Wills (Mr. Bryant) would rise in this debate. I took some pains to check what I said last night and to get some authority in support of my remarks. I answered the challenge that was put to me last night. To-day, the honorable member for Wills has denied that I did so. I said that the power of deportation is required by a government for its self -protection. Nothing could be clearer, plainer or simpler than that. What I said was fundamental. Why the honorable member for Wills has denied that I gave an answer to that question is beyond my comprehension.


Mr J R FRASER - He did not accept your testimony.


Mr JOSKE - It is not a question of accepting my testimony. What he said was that T gave no answer. But if it is a matter of accepting my testimony, as the honorable member for the Australian Capital Territory (Mr. J. R. Fraser) suggests, I have brought into this chamber a copy of the words of Mr. Justice Isaacs, whose testimony, I should imagine, would be accepted by members of the Australian Labour party. This is what Mr. Justice Isaacs said with regard to the immigrant -

He has no right to enter Australia against the will of its people. He can enter only in pursuance of their will and subject to their constitutional right to qualify or withdraw that permission at any time or under any circumstances they think .proper. No parliament - for parliament is only the legislative instrument of the people - can either by action or inaction surrender or weaken or forfeit that national power.

He went on to say that if it were otherwise it would be a tragedy. Then, coming to the question of deportation, as such, he said -

I agree . . . that deportation as a means of self-protection- the very words I used without referring to the language of Mr. Justice Isaacs, and which was rejected by the gentleman opposite - in relation to constitutional functions is within the competency of the legislative organ of the Australian people. This nation cannot have less power than an ordinary body of persons, whether a State, a church, a club, or a political party who associate themselves voluntarily for mutual benefit, to eliminate from their communal society any element considered inimical to its existence or welfare. We have only to imagine, as I suggested during the argument, some individual found plotting with foreign powers against the safety of the country, or even suspected of being a spy or a traitor.

I prefer the knowledge and wisdom of His Honour Mr. Justice Isaacs to the passing remarks of a member who, before very long, Wil have passed from this Parliament.


Mr Bryant - You are 30 years behind, that is all.


Mr JOSKE - I repeat the words of His Honour -

We have only to imagine . . . some individual found plotting with foreign powers against the safety of the country, or even suspected of being a spy or a traitor.

I ask honorable members to notice those words. The honorable member for Wills says that they are 30 years behind the times. In other words, the honorable member is prepared to accept that kind of person into the community. It matters not, Mr. Justice Isaacs said, whether the person concerned is an alien or a fellow-subject, nor where he is born, the danger is the same. He said -

No one stays to ask where a bomb which is on one's premises was manufactured. The urgent Question is how to get rid of it. Needless to say, I .speak only of national power, that is, the right of the community as a whole to preserve its own existence. Power may be abused. That does not affect its presence or even its utility. A surgeon's knife may be put to base uses; 'but it is a necessary means in extreme or dangerous cases to save life.

That is what the Minister, in bringing in this legislation, has fully realized. He has told the Parliament that he is prepared to have his absolute power restricted. He has said, " I am prepared to have this matter dealt with by an independent commissioner ". What has been said by the honorable member for Wills is hopelessly beside the point, and what the Minister has done in this matter is to be greatly praised.

Clause agreed to.

Clause 15 agreed to.

Clause 16 (Persons entering Australia in certain circumstances to be prohibited immigrants).







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