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SJ No 14 - 30 April 1958



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45

COMMONWEALTH OF AUSTRALIA.

JOURNALS OF THE SENATE.

No. 14.

WEDNESDAY, 30th APRIL, 1958.

1. M eeting of Senate.—The Senate met at three p.m., pursuant to adjournment.—The President (Senator the Honorable Sir Alister McMullin) took the Chair.

2. PRAYERS.

3. Q uestion.—A question on notice was answered.

4. P ublic Works Committee-—R eport.—Senator O’Byrne brought up the following Report from the Parliamentary Standing Committee on Public Works— Erection of a Steam Power Station at Darwin, Northern Territory— and moved, by leave—That the Report be adopted. On the motion of Senator Kendall the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

5. Inter-Parliamentary U nion—London Conference 1957—R eport of Australian D elegation— P aper.—Senator Wordsworth, by leave, laid upon the Table the following Paper— Inter-Parliamentary Union—Report of Australian Delegation to the 46th Conference held at London, September, 1957— ...

and moved—That the Paper be printed. Ordered—That the debate be adjourned till the next day of sitting, and that Senator Wordsworth have leave to continue his speech on the resumption of the debate.

6. Papers.—The following Paper was presented, by Command of His Excellency the Governor-General— Papua—Annual Report for year 1956-57. The following Papers were presented, pursuant to Statute— Lands Acquisition Act—Land acquired for—

Defence purposes—Charters Towers, Queensland. Department of Civil Aviation purposes—Cloncurry, Queensland.

7. N otices of M otion.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), by leave, gave two Notices of Motion.

8. Leave of Absence.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan) moved, by leave—That Senator Seward be granted leave of absence for one month on account, of ill-health. Question—put and passed.

9. Administrative Arrangements.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), by leave, made a statement announcing that the Department of Defence Production had been abolished and that its functions would be carried out by the Department of Supply. Senator O’Sullivan also announced that a new Administrative Arrangements Order had been approved by the Governor-General.

10. Postponement.—Ordered—That Notice of Motion No. 1, Business of the Senate, standing in the name of Senator Byrne, be postponed until Thursday, 8th May, 1958.

11. N avigation Bill 1958.—The Senate, according to Order, resolved itself into Committee for the further consideration of the Bill.

' In the Committee.

Consideration resumed of clause 7 and o f the amendment moved thereto by Senator McKenna, viz.—Page 9, lines 6 to 25, leave out sub-sections (2.) and (3.) of proposed section 6 e. Amendment, by leave, withdrawn. On the motion of the Minister for Shipping and Transport (Senator Paltridge) the following amendment

was made, after debate:—Page 9, lines 6 to 25, leave out sub-sections (2.) and (3.) of proposed section 6e., insert the following sub-sections:— “ ‘ (2.) A master, seaman or apprentice and the owner of a ship may agree to refer a question which has arisen between them as to the proper return port of the master, seaman or apprentice to a proper authority for his decision.

F.2278158.

46 No. 14.—30/A April, 1958.

‘ (3.) Section eighty-one of this Act applies to and in relation to such an agreement as if it were an agreement to which that section applies and the reference in that section to a superintendent were a reference to a proper authority.’.” . Ordered—That further consideration of clause 7 be postponed. Ordered—That all further clauses be postponed until after consideration of any clause which a Senator

wishes to oppose or to which he wishes to move any amendment. Ordered—That, for the purpose of discussing Amendment No. 9 circulated on behalf of the Opposition, consideration of clause 12 be postponed until clause 29 (Pages 20-23) is before the Committee and that for the same purpose the said clauses be debated together and after such debate be disposed of

separately. Clause 15 debated and agreed to. Clause 21 read— ·

On the motion of Senator McKenna the following amendment was made, after debate:—Page 17, line 3, leave out “ or seamen’s inspector ” . Clause 21 further considered— On the motion of Senator Paltridge the following amendment was made:—Page 17, lines 21 to 26, leave

out proposed section 30, insert the following proposed section:— “ ‘ 30. The superintendent for a port shall— Register of

(a) keep a register of persons desiring to be entered as seamen on board ships at the seamen, port; and (A) supply seamen to be entered on board ships at the port.’.”. Clause 21, as amended, agreed to. Clause 27 debated and agreed to. Clause 29 read— .

Senator McKenna moved an amendment, viz.—Page 21, lines 13 to 43, and page 22, lines 1 to 5, leave out sub-sections (7.), (8.) and (9.) of proposed section 43. Debate ensued. '

Question—That the words proposed to be left out be left out—put. The Committee divided— Ayes, 23. Noes, 32.

Senator— Senator— Senator— Senator—

Amour. McKenna. Anderson. O’Sullivan.

Ashley. Nicholls. Buttfield. Paltridge.

Aylett. O’Byrne. Byrne. Pearson.

Benn. Poke. Cole. Reid.

Brown. Ryan. Cooper. Robertson.

Cameron. Sandford. Gorton. Scott.

Cooke. Sheehan. Hannaford. Spooner.

Courtice. Toohey. Hannan. Vincent.

Critchley. Grant.

Willesee. Henty.

Kendall.

Wade. Wardlaw.

Harris. Hendrickson.

Teller: Laught.

McCallum.

Wedgwood. Wood.

Kennelly. Senator O’Flaherty. McManus.

McMullin, Sir Alister. Maher. Marriott.

Wordsworth. Wright.

Teller:

Senator Dame Annabelle

_ _

Amendment negatived accordingly.

Mattner. Rankin.

Senator McKenna, by leave, moved a further amendment, viz.—Page 21, line 32, after “ se a ” insert “ if an officer or other member of the crew of the ship objects in writing to the ship being taken to sea or ” . _

Debate continued. - ' ' ■ · ' · . . ·

Question—That the words proposed to be inserted be inserted—put. ' "

The Committee divided— Ayes, 21.

Senator— Senator—

Amour. McKenna.

Ashley. O’Byrne.

Aylett. Poke.

Benn. Ryan.

Brown. Sandford.

Cameron. Sheehan.

Cooke. Toohey.

Courtice. Willesee.

Critchley. Grant. Teller:

Harris. Kennelly. Senator O’Flahe

Noes, 31.

Senator— Anderson. Byrne. Cole.

Cooper. Gorton. Hannaford. Hannan. Henty. Kendall. Laught. McCallum.

McManus. McMullin, Sir Alister. Maher. Marriott.

Mattner. O’Sullivan.

Senator— ' Paltridge. Pearson. Reid.

Robertson. Scott. Spooner. Vincent. Wade. Wardlaw. Wedgwood. Wood. Wordsworth. Wright.

Teller:

Senator Dame Annabelle Rankin, .

Amendment negatived accordingly.

No. 14.—30th April, 1958. 47

Senator McKenna moved a further amendment, viz.—Page 22, line 25, after “ seamen ” insert “ and ” . Debate continued. Amendment negatived. Senator McKenna moved a further amendment, viz.—Page 22, line 26, leave out “ boys and apprentices ”. Amendment negatived.

Senator McKenna moved a further amendment, viz.—Page 23, after proposed section 44, add the following proposed section:— “ 1 44a. (1.) The master of a ship shall post up and keep continuously so posted in Manning a prominent place on the ship, being a place to which all officers and other members of the lab,e' crew have access, a manning table in prescribed form showing in relation to the ship—

(a) the prescribed complement of officers; (b) the prescribed complement of crew; (c) particulars of officers and crew ordinarily carried in excess of the prescribed complements. 1 (2.) So soon as it appears to the master that he may be obliged to go to sea without the prescribed complement of officers or crew or without the numbers of officers or crew ordinarily carried in excess of the prescribed complement, he shall record the deficiency in each case on the manning table posted as aforesaid and shall from time to time record

changes in the deficiency as they occur.’.” . Debate continued. Amendment negatived. Clause 29 agreed to.

Postponed clause 12 agreed to. Clause 30 read— Senator McKenna moved an amendment, viz.—Line 26, after “ Australia ” add “ and in the case of a foreign-going ship registered in Australia shall not be employed at a port outside Australia ”. Debate ensued. Amendment postponed. Senator McKenna moved a further amendment, viz.—Line 26, at end of clause add the following

paragraph:— “ ; and (b) by adding at the end of sub-section (2.) the words ‘ provided that the regulations shall not allow the employment of the crew of such ship in loading cargo or ballast where a sufficiency of shore labour is available Debate continued. Ordered—That further consideration of clause 30 be postponed. Clause 31 read— Senator McKenna moved the following amendments:—

Page 23, after paragraph (a) insert the following paragraph:— “ (aa) by omitting sub-sections (2.) and (3.); Page 23, lines 37 to 43, leave out all words in paragraph (b) after “ by omitting sub-section (4.) ” , Page 23, after paragraph (6) insert the following paragraph:—

“ (ba) by omitting sub-sections (5.) and (6.); ” . Amendments, by leave, debated together. Question, by leave—That the amendments be agreed to—put. The Committee divided—

Ayes, 23. Noes, 27.

Senator— Senator— Senator— Senator—

Amour. Kennelly. Anderson. Reid.

Armstrong. McKenna. Byrne. Robertson.

Ashley. Nicholls. Cole. Scott.

Aylett. O’Byrne. Cooper. Spooner.

Benn. Poke. Gorton. Vincent.

Brown. Ryan. Hannan. Wade.

Cameron. Sand ford. Henty. Wardlaw.

Cooke. Sheehan. Kendall. Wedgwood.

Courtice. Willesee. McCallum. Wood.

Critchley. McManus. Wordsworth.

Grant. Teller: McMullin, Sir Wright. Harris. Alister. Hendrickson. Senator O’Flaherty. Maher.

Marriott.

Teller:

O’Sullivan. Senator Dame Annabelle Paltridge. Rankin.

Amendments negatived accordingly. On the motion of Senator McKenna the following amendment was made:—Page 24, line 7, leave out “ may ”, insert “ shall ”, Clause 31, as amended, agreed to.

Clause 33 debated— Senator McKenna moved an amendment, viz.—Page 25, line 25, leave out “ may ” , insert “ shall ” . Debate continued. To report progress and ask leave to sit again.

The President resumed the Chair; and the Chairman of Committees (Senator Reid) reported that the Committee had considered the Bill and had made progress, and asked leave to sit again. Ordered—That the Committee have le^ve to sit again on the next day of sitting.

48 M o. 14.—30/Λ April, 1958

12. Adjournment.—The Minister for Shipping and Transport and Minister for Civil Aviation (Senator Paltridge) moved—That the Senate do now adjourn. Debate ensued. Question—put and passed. The Senate adjourned at six minutes past eleven p.m. till to-morrow at eleven a.m.

13. Attendance.—Present, all the Members except Senators Arnold, Fraser, Seward (on leave) and Tangney.

R. H. C. LOOP, Clerk o f the Senate.

By Authority: A. J. Arthur, Commonwealth Government Printer, Canberra.