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Friday, 27 July 1906


Senator KEATING (Tasmania) (Honorary Minister) . - Clause 32, to which reference' has been made in anticipation, is included in Part IV. of the Bill, headed " Compensation." That part of the Bill is divided into a number of divisions. Division 1, for instance, deals with the "Right to Compensation." Division 2deals with " Claims for Compensation," and contains all necessary provisions as to time of putting in claims, the procedure in respect of claims, and when claims become disputed.


Senator Sir Josiah Symon -They would apply equally to compensation dealt with in a sub-clause inserted in substitution of sub-clause 3 of clause 25.


Senator KEATING - I am afraid not.


Senator Sir Josiah Symon - Yes, it would be compensation for damage.


Senator KEATING - Yes ; but we have in this Bill what might be called a complete system of provisions with respect to compensation. These are set out in different divisions of Part IV. I have mentioned the headings of two of these divisions, and division 3 deals with the "determination of " Disputed Claims for Compensation " : division 4 with the " Determination of Compensation where no Claim made" ; division 5 with " Payment of Compensation." That part of the Bill is, so to speak, complete in itself, and its various provisions are inter-related. It might be dangerous 10 take out of these general divisions some particular classes of damage, and insert provisions dealing with them in another part of the Bill. It is desirable to have all these provisions with respect to damage in the same part of the Bill. There can be no doubt that in the way in which the Bill has been framed, sub-clause 3 of clause 25 is treated in every respect in the same manner as any ordinary claim for compensation, as to the time within which the claim shall be made, the manner in which it shall be prosecuted in the event of difference, and also with regard to payment and interest, and the determination of the claim, when no claim has been forwarded, or when, after it has been forwarded, it has not been prosecuted. It is desirable that all these provisions should apply in every instance where compensation is being paid in respect of land actually acquired for a specified public purpose, or in respect of land temporarily occupied. That is, I think, a consideration which will appeal to my honorable and learned friend, who will see that even if there were, perhaps in an individual case, some inconvenience in the fact that the claimant for compensation would have to consult two different parts, yet, forthe general working of the law, it is desirable that it should be free from any ambiguity or doubt that this particular claim for compensation shall be subject to all the general provisions in the several divisions of that part of the Bill entitled " Compensation."

Senator Sir JOSIAH SYMON (South

Australia) [12.31]. - Of course, I do not wish to interfere with the arrangement of the clause, because the Government are responsible for that as well as the actual drafting. Therefore, as the Minister makes the appeal on that ground, I shall not press the amendment, and we can deal with the details ofclause 32 when it is reached. I should expect to receive similar treatment.

Amendment, by leave, withdrawn.

Clause, as amended, agreed to.

Clause 26 -

The Minister shall, if required by the owner or occupier of the land so to do, separate any land occupied in pursuance of this Part of this Act from any adjoining land by a sufficient fence, with such gates as may be necessary for the convenient occupation of the land.

Senator Sir JOSIAHSYMON (South) Australia) [12.32]. - This is, I think, a distinct improvement upon the provision in the existing Act. Suppose, however, that there was a dispute, who would judge or how would it be determined whether the fence required by the owner or occupier was necessary for the convenient occupation of the land or not?







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