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Thursday, 26 March 1931

The PRESIDENT (Senator the Hon W Kingsmill - I ask the Leader of the Opposition (Senator Pearce) whether the document from which he quoted was a copy of the Transport Workers Regulations to which he referred?

Senator Sir George Pearce - Yes, and I read them in order to place the Senate in possession of their actual wording. They are the regulations which I have moved to disallow.

Senator Daly - I take the further point of order that the document must speak for itself. With great respect to you, Mr. President, I submit that it is not for Senator Pearce to say what this particular document is. In support of my point of order, I wish to point out that the Rules

Publication Act, by which no doubt the Senate will abide, makes copies of regulations evidence in a court only and not in Parliament. The Acts Interpretation Act requires regulations to be laid before Parliament, and my contention is that there is no evidence before us that the document laid before the Senate today, is a regulation. Until you, Mr. President, are satisfied that you have before you a regulation properly made, I submit that you cannot accept a motion for its disallowance.

The PRESIDENT - The honorable senator is raising a point of law as against a point of procedure. As I have already reminded honorable senators, it is not for me to adjudicate upon points of law. The contention of the honorable senator who has raised this point, may be effective in a court of law, but I simply have to satisfy myself by the only means at my disposal - those means being the identification of this document by the Clerk of the Senate, and by the Leader of the Opposition - that it is the document which was laid on the table, and is now sought to be disallowed. In those circumstances, I do not think there can be any question as to the right of the Leader of the Opposition to move his motion.

Senator Daly - I take a further point or order. You say, sir, that a document has been laid on the table, and that there is a motion before the Senate to disallow that document. I take no exception to that, but the motion is for the disallowance of certain regulations, and my point is that no such regulations have been laid on the table.

The PRESIDENT - The document which has been laid on the table is -

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