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Thursday, 31 July 1930

Senator MCLACHLAN (South Australia) . - The Minister (Senator Daly) bases his case on the assertion that offences against this section have been dealt with under the State law. The section to be repealed reads -

Any person who has committed an offence against sections forty-two, fifty-six o, fiftyeight e, seventy-two, seventy-two a, eightythree, eighty-three' a, eighty-four, eighty-five, or eighty-six n of this act may be charged accordingly before the court, and the court may impose the penalty provided by this act in respect of that offence.

The section has been inserted to strengthen the arbitral provisions of the act, and to prevent intimidation of persons who wish to work under the terms of an award of the court.

Senator Rae - It is absolutely futile.

Senator McLACHLAN - The Minister directed his attention to section 86a; but it is also proposed to repeal 86b, which imposes a penalty if an organization or a 'branch of an organization imposes a penalty of any kind upon a member, because he has worked in accordance with the terms of an award of the court. Section 86d provides that any person who publishes any report encouraging or inciting men to commit a breach or nonobservance of this act shall be guilty of an offence. I understand that, at the moment, a prosecution is pending concerning an alleged offence under that section. If our arbitral power is incomplete, the whole of our industrial legislation is unconstitutional.

Senator GREENE (NEW SOUTH WALES) - How many prosecutions did the Government of which the honorable senator was a member launch under the federal law?

Senator McLACHLAN - There were several; but a number were launched for acts of violence and intimidation, and were dealt with under the State law. This provision is necessary in order to buttress the arbitral power of the Commonwealth, and to insure that awards, when made, shall be observed. As the penalties with respect to strikes and lockouts have been repealed, this provision should be retained.

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