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Friday, 1 August 1930

Senator DALY (South Australia) (Vice-President of the Executive Council) . - The committee may not feel inclined to omit the sub-section in an amended form. I appreciate to the full the constitutional point raised by Senator Colebatch. I interpret the judgments of the High Court to mean exactly what the honorable senator placed before the Senate. So far as section 31 proposes to take away the right of appeal to the High Court, it is ultra vires . of thi3 Parliament, but the omission of the subsection would give rise to the legal question as to whether prohibition would lie. to a State court.

Senator Sir Hal Colebatch - I admit that, but why has the provision not been redrafted to overcome that difficulty?

Senator DALY - In its present form the sub-section prevents any one from taking out. a writ of prohibition or mandamus in any court other than one over which the Commonwealth Parliament has power. The cases referred to by the honorable senator go to show that the provision is ultra vires in so far as it attempts to prevent the High Court from dealing with the matter, but. it is valid in its present form against any State court.

Senator Sir Hal Colebatch - Amend the section by inserting the words " other than the High Court", and I shall be satisfied .

Senator DALY - I have no objection to doing so, as a method of conciliation.

Amendment agreed to.

Amendment (by Senator Daly) agreed to.

That the following paragraph be inserted: - " (ab) by inserting in sub-section 1 after the words" in any other court ", the words " other than the High Court ".

Clause, as further amended, agreed to.

Clause 44a verbally amended, and, as amended, agreed to.

Clause 57 amended to read as clause 24a and, as amended, agreed to.

Bill reported with further amendments.

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