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Thursday, 9 August 1906


Senator KEATING (Tasmania) (Honorary Minister) . - I move -

That the amendment be agreed to.

Honorable senators will find that in the definition clause as the Bill left the Senate we defined " The Supreme Court," to mean " The Supreme Court of a State or any Judge thereof." The House of Representatives has amended the definition by striking out the words, " or any Judge thereof," by reason of the constitutional fact that the functions that are to be discharged by the Supreme Court under the provisions of this Bill are matters which have to be dealt with by virtue of the jurisdiction we confer upon the Supreme Court of a State, and not individually upon any Judge.


Senator Best - Is that a sound reason? Does the Minister approve of that?


Senator KEATING - Yes.

Motion agreed to.

Clause 25 -

1.   The applicant may, within the time and in the manner prescribed, appeal to the Law Officer against any decision of the Registrar refusing any application for the registration of a design.

2.   The Law Officer shall hear the appeal, and shall decide whether the application ought to be granted or refused.

House of R epreseniatives' Amendment. -Add the following new sub-clause : -

3.   The applicant may within the time, and in the manner prescribed, appeal to the Supreme Court against any decision of the law officer refusing any application for the registration of a design.

Senator KEATING(Tasmania- Honor-

That the amendment be agreed to.

Clause 25 of the Bill as it left the Senate provided that where the Registrar refused to register a design, the applicant might within the time, and in the manner prescribed, appeal to the law officer against the decision of the Registrar. The "law officer " is defined in the definition clause as " The Attorney-General or Crown Solici tor of the Commonwealth." Then, in the second paragraph of the clause we provided that the law officer should hear the application, and decide whether it ought to be granted or refused. There was no provision in the Bill as it left the Senate for an appeal against any decision which the law officer might give. The House of Representatives has inserted an amendment providing for an appeal by the applicant against the decision of the law officer.


Senator Best - That is a further appeal ?







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