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Wednesday, 22 August 1906

Senator PLAYFORD (South Australia) (Minister of Defence) , - I asked Senator Symon to explain how it is that the Constitution empowers the Parliament, in paragraph 1. of section 51, to deal with " trade and commerce with other countries and among, the States," and in paragraph xx. to deal with " foreign corporations and trading or financial corporations formed within the limits of the Commonwealth"? In clause 4 of this Bill we exercise the power which is granted by paragraph 1. of section 51, while in clause 5 we exercise the power which is granted by paragraph xx. of that section. In each case the clause follows the wording of the legislative power. Therefore, my contention is right all through.

Senator Sir JOSIAHSYMON (South Australia) [4.32]. - My honorable friend has frequently said that he was a layman, and did not understand legal questions. What he is dealing with here is restraint of trade. What he intends to stop is the trade in which certain persons are engaged, and that, of course, must be " trade or commerce with other countries or among the States. " We can deal withthat point when clause 5 is reached. Certainly, the amendment of Senator Stewart is just as proper as the enlargement of the words in clause 5.

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