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Thursday, 7 December 1905


Senator KEATING (Tasmania) (Honorary Minister) . - The idea of another place in making the amendment was that the Governor-General might request His Majesty to make any legislation that might be passed in ; the United Kingdom expressly applicable to the Commonwealth ; and in that event the procedure that is outlined in the clause would take effect. As honorable senators are well aware, the position of the Commonwealth is such that the Crown does not interfere directly with its legislation; and it is not at all likely that unless the Crown was directly approached by the Commonwealth it would expressly extend' British legislation to Australia in anv legislative field in respect of which the Commonwealth has supreme powers. We have, for instance, supreme legislative powers with regard to the registration of trade marks. It is not at all likely that . the Crown would expressly extend to the Commonwealth any legislation on that subject which might come into effect in Great Britain, without being 'moved to do so from Australia. Under these circumstances it is thought desirable to insert before the words "the King" the words "upon the request of the Governor-General."

Senator MILLEN(New South Wales). - The Minister says it is not likely that the King would propose to apply to Australia any arrangement entered into by the Imperial authorities., unless requested to do so. Why insert the stipulation that only on the request of theGovernor-General shall His Majesty do so?


Senator Keating - It indicates the procedure to be followed.


Senator MILLEN - It appears to me that the words have been put in merely for the purpose of making an alteration. The Minister tells us that, as we stand constitutionally, it is not likely that the King wouldattempt to apply to Australia any arrangement made by the Imperial authorities. If His Majesty is not likely to do so, why put in these words?







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