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Wednesday, 5 March 1980
Page: 588


Senator HAMER (Victoria) - I think I should reply to Senator Cavanagh. I think that I was rather rash in giving Senator Cavanagh a copy of the Acts Interpretation Act but I should answer the points that he has raised. I say at the outset that the amendment was prepared by staff and is a copy of an amendment to another Act which had been successful in achieving its purpose. It brings sections 48, 49 and 50 of the Acts Interpretation Act into force on this declaration as if it were a regulation. In other words, it brings in the ordinary disallowance provisions. Senator Cavanagh has queried the two provisions that are omitted. The first, section 48(1) (a), states that regulations should be notified in the Government Gazette. Clause 6 of the Bill before us requires notification in the Gazette also. If that provision were retained double notification would be required. Secondly, section 48 (1) (b) is to be omitted. In referring to regulations it states:

(b)   shall, subject to this section, take effect from the date of notification, or, where another date is specified in the regulations, from the date specified;

As clause 6 of the Bill before us provides, without my amendment, the date of notification would be, as I understand the Acts Interpretation Act. the date of notification in the Gazette. In that case we would have the confusion of two different dates of notification. I think that those two omissions are effective in achieving our objective. I am trying to have the declaration in the Gazette made subject to the same sort of disallowance provisions as if it were a regulation. I do not think that I can pursue this argument much further as it is rather technical and legal. I am sure the provision is effective. It has been used before, has not been challenged and apparently works.


Senator Cavanagh - I accept the honourable senator's assurance.







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