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Wednesday, 25 July 1906


Senator BEST (Victoria) .- My honorable and learned friend Senator Keating has not dealt with my, objection. I draw attention to the ambiguous wording of this clause. The power to sell land may be exercised by " any person." . It does not go on to say " any person who is interested," no matter how small his interest is. We will assume that he has some interest - it may be the most remote. For instance, it may be an interest coming into existence after the death of a dozen persons. But that person under this clause is authorized - provided he is not one of the persons excepted - not only on behalf of himself, his heirs, and successors, but also on behalf of every person entitled in reversion, remainder, or expectancy after him, and in defeasance of the estate of every person so entitled to convey the land to the Commonwealth. That is the principle which I say is wrong.


Senator Pearce - The minor interest may give away the right of the major.


Senator BEST - Exactly. Any man with a mere titular interest - with the most remote interest - is to be at liberty to give away the rights of persons who are entitled " in reversion, remainder, or expectancy after him." That is the provision to which I am taking exception. The fault will not be cured by adopting the suggestion of my .honorable and learned .friend and inserting, in paragraph a of clause 9 the words " tenant for life." because the object and the intent of this clause is to enable a person with a remote interest to give away the estate of others.

Clause agreed to.

Clause 9 (Extent of power to sell).







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