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Wednesday, 13 September 1972
Page: 1331


Mr SINCLAIR (New England) (Minister for Primary Industry8.14) - I move:

After sub-clause (1.) insert the following subclause: (1a.) Where there have been two or more publications in the 'Gazette' of forms of words being. purporting to be, or apparently intended to be, notices or notifications of a kind referred to in the last preceding sub-section in relation to the same Ordinance, regulations, rules, by-laws or instrument, that sub-section applies only in relation to the earlier or earliest of those publications.

This amendment is in accordance with the form of words distributed by me earlier in the day. The purpose of the amendment is to ensure that where there are 2 gazettal notices, as there are with respect to a number of ordinances referred to in the Commonwealth Gazette last night, there can be no confusion as to there being 2 instead of one ordinance only in existence. It is obvious that the purpose of the Bill before the Committee and of this particular clause of the Bill is to ensure that there should be a valid ordinance without any minimal inoperative defect. It is because of the inoperativeness of the past ordinances or of this particular ordinance that the matter is before us today. This amendment is intended to ensure that there should noi be thought to be 2 ordinances with respect to the same subject matter. It is felt, on legal grounds, that this amendment is necessary. It is only to ensure that there should be one ordinance and not 2 with respect to the same subject matter that this amendment is moved. I might state, because of the general content of this amendment, that it is one which is peculiarly of a technical nature. It does not in any way affect the whole purport of clause 3 which, of course is the main operative clause within the Bill. Clause 3 ensures that there should be corrected only in retrospect and not in prospect those defects which have otherwise been seen as possibly existing in a range of ordinances and regulations. The amendment is intended only to correct those ordinances and regulations to the degree to which there could possibly be an inoperativeness because of a technical requirement. The amendment is to ensure that there should not be 2 such ordinances and regulations in effect. I am assured it is a basis which will not deny any individuals the capacity to rely on the protections that exist within each of these ordinances but rather will protect any rights that they may have. It is felt that this amendment is necessary to cover any possible confusion which might otherwise occur. Accordingly, I submit it for the consideration of the Committee.







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