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Thursday, 23 August 1906


Senator PEARCE (Western Australia) . - Ifany honorable senators wish to save existing contracts, so far as they are legal after the passing of the Act, what is really required is to add to the subclause the words " so far as they are in contravention of this section."


Senator Playford - That is understood without putting it in.


Senator Best - What they want to say is that, " every existing contract, as far as it is in contravention of this section, shall be void."


Senator PEARCE - Senator Best was not present when Senator Drake urged that certain contracts have already been entered into, which undoubtedly come within the meaning of paragraphs a and b of subclause 1, as regards certain provisions, but contain other provisions, relating to such matters as the care of the machines and the payment of rent, which! are perfectly lawful, and which we do not want to declare void.


Senator Best - To carry out the honorable senator's idea, what I would suggest is the insertion of a new sub-clause to the effect that " all existing contracts, so far as they are in contravention of this section, shall be void."


Senator PEARCE - That would do.


Senator Dobson - But we are told that the clause does not apply to existing contracts.


Senator Playford - The first part of the clause applies to existing contracts and combinations.


Senator PEARCE - I think it deals with an entirely different thing. I wish to point out to Senator Best that Senator Drake, while taking that view, is supporting the insertion of the word "hereafter." That is not the way for the latter to accomplish what heis aiming at unless he wishes to perpetuate that part of the agreement which is made unlawful by the Bill.







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