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Wednesday, 5 March 1980
Page: 588

Senator TATE (Tasmania) - I regret that the answer given by Senator Hamer does not satisfy me. The whole purpose of his amendment is to enable one to read that part of the Acts Interpretation Act which refers to regulations as if it refers to declarations made under clause 6 of the amending Bill. I ask: Can the Minister, under the Bill as we are about to amend it, include in the declaration which he notifies in the Gazette an expression that it may take effect from a date prior to the notification in the Gazette"! If so, I do not understand why section 48 (2) is excluded. It seems to me that it is a beneficial provision. We are dealing with the rights of a person who can be affected unexpectedly by the operation of the Approved Defence Projects Protection Act suddenly coming into being in relation to a person or some project. In that case I would have thought it very helpful -

Senator Cavanagh - You would have to change the word 'regulation'.

Senator TATE - No; in fact, senator Hamer 's amendment does precisely that. It says that references to regulations are to be seen to include a reference to declarations. I do not understand why section 48(2) is excluded. Is there any answer?

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