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Thursday, 22 May 1930


Senator RAE (New South Wales) . - On a previous occasion, when Senator McLachlan raised the point of the contractual relations between the insurance company and the person insured, he argued the merits of the proposal. I am surprised that a legal man should have led laymen into this trap. If the honorable senator understood the legal significance of his own bill, he should have put before us last week the objection he now takes to the retention of these words. As the words have been inserted, I am not willing to allow them to be deleted unless they are to be inserted somewhere else. Senator McLachlan is asking us to revert to the status quo and that I am prepared to do, if he means the status quo of last week. On the previous occasion when he accepted defeat he did not say that he would move for the recommittal of the clause. He then accepted the decision of the committee which was substantial and determined, but he comes forward with this new idea to blow it out. The honorable senator suggested that my amendment, if practicable, could be- inserted in another place; but I contend that the clause should be left as it is and that if my proposal is found to be impracticable an amendment can be moved in another place. Why should the onus of proving that the words, " with his consent " are in the right place, be thrown upon this side of the chamber. Let the onus be thrown upon those who " bungled the show." The committee, by a large majority, placed these words in the bill, and if in consequence of a mistake on the part of the senator in charge of the measure it is in the wrong place, he should arrange for it to be put in its proper position when the bill is before another place.







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