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Wednesday, 24 February 1971

Senator RAE (Tasmania) - I shall speak very briefly about this amendment. I have certain reservations about it. I support it but I simply wish to express the view that 1 wonder whether this is setting a precedent which should be followed without further consideration and thought. I wonder whether in similar instances some consideration should be given to the proper use of the words 'may' and 'shall'; whether they are an interference with the judicial discretion and the judicial power and whether it is appropriate for the Parliament to prescribe in that way what action shall be taken by a court. A number of questions arise but I do not wish to deal with them at this time of night. I support the amendment. I simply raise the question so that it is on record for consideration.

Senator Byrne - Could you see any situation in which the court would refuse, in the circumstances?

Senator RAE - I do not at the moment. I simply raise it for consideration at some future time.

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