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Thursday, 9 August 1906

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

That the following new clause be inserted : - "6a. Where the Governor of a State agrees with the Governor-General for the sale or lease of any Crown land to the Commonwealth, any instrument or assurance executed by the Governor for granting, conveying, or leasing the land to the Commonwealth accordingly shall (by force of this Act, and notwithstanding anything in the law of the State) be valid and effectual to vest the land in the Commonwealth according to the tenor thereof."

Senator Lt Colonel Sir ALBERT GOULD (NEW SOUTH WALES) -Col. Gould. - That is simply going back to the provision we have already altered, giving power to the Go vernor of a State to override any State law in order to grant land to the Commonwealth.

Senator KEATING - In the amendment I submit we do not purport in terms to vest the Governor of a State with that power, but we say that where he actually does purport to convey, any instrument or assurance executed by him. shall take effect according to its terms, notwithstanding anything to the contrary in any law of the State. If, for instance, the Governor of a State gives a grant of land to the Commonwealth, free from a reservation or condition which would apply to a private grant, we say that he shall be at liberty to do so. A law of the State might perhaps come into conflict with our law in the matter ; but to the extent to which it is in conflict with our law it becomes inoperative under the Constitution. I think that the terms of the amendment are much more in accordance with what honorable senators desire should be the tone of the provision, and I have therefore much pleasure in submitting it for the approval of the Committee.

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