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Thursday, 28 May 1931

Senator DOOLEY (New South WalesAssistant Minister) (Assistant Minister assisting the Minister for Works and Railways) . - I am at a loss to understand exactly what is required of His Excellency the GovernorGeneral. When the Leader of the Oppo.sition moved for the disallowance of certain regulations, Mr. President ruled that the regulations in question were not substantially the same or similar to regulations disallowed some time ago. Yet the address proposed to be sent to His Excellency the Governor-General refers to regulations the same in substance as those which the Senate has already disallowed in this session, and asks that they shall not be assented to by His Excellency. There is only one object at the back of the minds of honorable senators, and that is to disallow certain waterside workers regulations. Senator Pearce has quoted Dicey as an authority of the meaning of the word " law ". According to the Commonwealth Law Reports, volume 19, page 629, the High Court considered the meaning of the word "law" as used in the Constitution. That court held that the legislation of the territory, which was made under the delegated power, just as regulations under the Transport Workers Act are made, was a law of the territory. I do not know if honorable senators opposite consider that regulations relating to the territory should be disallowed, but certainly it is competent for either House of the Parliament to express its opinion upon them. No one can doubt that the regulations under the Transport Workers Act have been submitted in a strictly constitutional manner to His Excellency the Governor-General by his advisers, and I submit that His Excellency has no alternative than to accept the advice according to the law.

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