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SJ No 15 - 01 May 1958



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49

COMMONWEALTH OF AUSTRALIA.

JOURNALS OF THE SENATE.

No. 15.

THURSDAY, 1s t MAY, 1958.

1. Meeting of Senate.—The Senate met at eleven a.m., pursuant to adjournment.—The President (Senator the Honorable Sir Alister McMullin) took the Chair.

2. PRAYERS.

3. Bankruptcy Bill 1958.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), pursuant to notice, moved—That leave be given to introduce a Bill for an Act to amend the Bankruptcy Act 1924-1955, and for other purposes.

Question—put and passed.

4. Bills of E xchange Bill 1958.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), pursuant to notice, moved—That leave be given to introduce a Bill for an Act to amend section ninety-eight of the Bills o f Exchange Act 1909-1936.

Question—put and passed.

5. Questions.—Questions on notice were answered.

6. Joint Committee on the Australian Capital T erritory—Report on C anberra T rading H ours.— Senator McCallum brought up the following Report from the Joint Committee on the Australian Capital Territory— Report on Trading Hours in Canberra, together with Minutes of Evidence— and moved—That the Report be printed. Ordered—That the debate be adjourned till the next day of sitting, and that Senator McCallum have

leave to continue his speech on the resumption of the debate.

7. Papers.—The following Papers were presented, pursuant to Statute— Customs Act and Commerce (Trade Descriptions) Act—Regulations—Statutory Rules 1958, No. 24. Public Service Act—Appointments—Department—

Civil Aviation—E. C. Roberts, W. J. T. Willis. Works—F. L. Wilkinson. Tobacco Charge Assessment Act—Regulations—Statutory Rules 1958, No. 26.

8. P recedence to G overnment Business.—Ordered—That Government Business take precedence of General Business after eight p.m. this sitting.

9. 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 33 and o f the amendment moved thereto by Senator McKenna, viz.— Page 25, line 25, leave out “ may ” , insert “ shall ”. Amendment, by leave, withdrawn. Senator McKenna moved a further amendment, viz.—Page 26. lines 34 to 37, leave out paragraph (b)

of proposed section 48, insert the following paragraph— “ (6) except in case where it is not practicable so to do, the agreement is completed in accordance with the provisions of sub-sections (2.), (4.) and (5.) of section 46, with the substitution of the words ‘ proper authority ’ for the word ‘ superintendent ’ in those sub-sections.” . Debate continued. Ordered—That further consideration of clause 33 be postponed. Clause 48 read— Senator McKenna moved an amendment, viz.—Page 32, line 3, after “ master ” insert “ or the

superintendent,” . Debate ensued. Amendment, by leave, withdrawn. Clause 48 agreed to.

F.2928/J8.—t

50 No. 15.—1st May, 1958.

Clause 49 debated— Senator McKenna moved an amendment, viz.—Line 14, leave out “ repealed ”, insert “ amended by omitting the words ‘ , through a superintendent,’

Debate continued. Question—That the word proposed to be left out be left out—put. The Committee divided—

Ayes, 27. Noes, 28.

Senator— Senator— Senator— Senator—

Amour. Kennelly. Anderson. Pearson.

Armstrong. McKenna. Buttfield. Reid.

Ashley. McManus. Gorton. Robertson.

Aylett. Nicholls. Hannaford. Scott.

Benn. O’Byrne. Hannan. Spooner.

Brown. Poke. Henty. Vincent.

Byrne. Ryan. Kendall. Wade.

Cameron. Sandford. Laught. Wardlaw.

Cole. Sheehan. McCallum. Wedgwood.

Cooke. Toohey. McMullin, Sir Wood.

Courtice. Willesee. Alister. Wordsworth.

Critchley. Maher. Wright.

Grant. Marriott.

Teller: Harris. Teller: Mattner.

Hendrickson. Senator O’Flaherty. O’Sullivan. Senator Dame Annabelle

Paltridge. Rankin.

Amendment negatived accordingly. Clause 49 agreed to. Clause 52 read— Senator McKenna moved an amendment, viz.—Page 34, lines 19 to 22, leave out “ ‘ wages ’, in relation

to a seaman, does not include a payment or allowance for the working of overtime or any other payment or allowance not included in the ordinary wages of the seaman.” . Debate ensued. Amendment negatived. Senator McKenna moved a further amendment, viz.—Page 34, line 26, after “ payable ” insert “ at

double rates ”. Debate continued. Ordered—That further consideration of clause 52 be postponed. Clause 70 read— Senator McKenna moved an amendment, viz.—Page 38, line 26, leave out “ shall ” , insert “ may ” . Debate ensued. Question—That the word proposed to be left out be left out—put. The Committee divided—

Ayes, 26. Noes, 29.

Senator— Senator— Senator— Senator—

Amour. Kennelly. Anderson. Pearson.

Ashley. McKenna. Buttfield. Reid.

Aylett. McManus. Cooper. Robertson.

Benn. Nicholls. Gorton. Scott.

Brown. O’Byrne. Hannaford. Spooner.

Byrne. Poke. Hannan. Vincent.

Cameron. Ryan. Henty. Wade.

Cole. Sandford. Kendall. Wardlaw.

Cooke. Sheehan. Laught. Wedgwood.

Courtice. Toohey. McCallum. Wood.

Critchley. Willesee. McMullin, Sir Wordsworth.

Grant. Alister. Wright.

Harris. Teller: Maher.

Hendrickson. Senator O’Flaherty. Marriott. Teller:

Mattner. O’Sullivan. Senator Dame Annabelle ' Paltridge. Rankin.

Amendment negatived accordingly. Senator McKenna moved a further amendment, viz.—Page 38, line 27, after “ amount ” insert “ not exceeding that ” . Amendment negatived. Clause 70 agreed to. Clause 72 debated and agreed to. Clause 73 read— Senator McKenna moved an amendment, viz.—At end of clause add the following paragraph:—

“ (d) by inserting after paragraph (iii) of sub-section (1.) the words ‘ or such greater sums as may be provided in appropriate industrial awards made under the Conciliation and Arbitration Act 1904-1956’.” . Debate ensued. Amendment negatived. Clause 73 agreed to.

No. 15.—1st May, 1958. 51

Clause 77 debated and agreed to. Clause 80 debated— On the motion of the Minister for Shipping and Transport (Senator Paltridge) the following amendment was made:—Page 43, line 21, leave out “ his burial,” , insert “ his burial or, if his body is conveyed to

his proper return port at the request of a member of his family, the conveyance of his body to that port,". Clause 80, as amended, agreed to. Clause 81 debated— Senator McKenna moved an amendment, viz.—Page 45, lines 39 to 43, leave out sub-section (4.) of

proposed section 132. Debate ensued. Question—That the words proposed to be left out be left out—put. The Committee divided—

Ayes, 27. Noes, 29.

Senator— Senator— Senator— Senator—

Amour. Kennelly. Anderson. Pearson.

Armstrong. McKenna. Buttfield. Reid.

Ashley. McManus. Cooper. Robertson.

Aylett. Nicholls. Gorton. Scott.

Benn. O’Byrne. Hannaford. Spooner.

Brown. Poke. Hannan. Vincent.

Byrne. Ryan. Henty. Wade.

Cameron. Sandford. Kendall. Wardlaw.

Cole. Sheehan. Laught. Wedgwood.

Cooke. Toohey. McCallum. Wood.

Courtice. Willesee. McMullin, Sir Wordsworth.

Critchley. Alister. Wright.

Grant. Teller: Maher.

Harris. Marriott. Teller:

Hendrickson. Senator O’Flaherty. Mattner.

O’Sullivan. Paltridge.

Senator Dame Annabelle Rankin.

Amendment negatived accordingly. Senator McKenna moved a further amendment, viz.—Page 46, lines 5 to 11, leave out paragraph (b) of sub-section (5.) of proposed section 132. Amendment negatived. Senator McKenna moved a further amendment, viz.—Page 46, lines 23 and 24, leave out “ for a period

exceeding seven days ”. Debate continued. Amendment negatived. '

Clause 81 agreed to. Clause 83 debated and agreed to. Clause 86 debated and agreed to. . Clause 110 debated and agreed to. Clause 135 debated and agreed to. Clause 153 debated— Question—That the clause stand as printed—put. The Committee divided—

Ayes, 29. Noes, 26.

Senator— Senator— Senator—

Anderson. Pearson. Amour.

Buttfield. Reid. Armstrong.

Cooper. Robertson. Ashley.

Gorton. Scott. Aylett.

Hannaford. Spooner.

Vincent.

Benn.

Hannan. Brown.

Henty. Wade. Byrne.

Kendall. Wardlaw. Cameron.

Laught. Wedgwood. Cooke.

McCallum. Wood. Courtice.

McMullin, Sir Wordsworth. Critchley.

Alister. Wright. Grant.

Maher. Harris.

Marriott. Mattner.

Teller: Hendrickson.

O’Sullivan. Senator Dame Annabelle Paltridge. Rankin.

Senator;— Kennelly. McKenna. McManus.

Nicholls. O’B.yrne. Poke. Ryan. Sandford. Sheehan. Toohey. Willesee.

Teller:

Senator O’Flaherty.

Clause 153 agreed to accordingly. Clause 155 debated and agreed to. Clause 161 debated and agreed to. .

Clause 201 debated— Question—That the clause stand as printed—put.

52 No. 15.—lsY May, 1958.

The Committee divided— Ayes, 29

Senator— Anderson. Buttfield. Cooper. Gorton. Hannaford. Hannan. Henty. Kendall.

Laught. McCallum. McMullin, Sir Alister.

Maher. Marriott. Mattner. O’Sullivan. Paltridge.

Senator— Pearson. Reid. Robertson.

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

Wright.

Teller:

Senator Dame Annabelle Rankin.

Senator— Amour. Ashley. Aylett.

Benn. Brown. Byrne. Cameron.

Cole. Cooke. Courtice. Critchley. Grant.

Harris. Hendrickson.

Noes, 25.

Senator— Kennedy. McKenna. McManus.

Nicholls. O’Byrne. Poke. Ryan.

. Sandford.

. Sheehan. Toohey.

7 eller:

Senator O’Flaherty.

Clause 201 agreed to accordingly. Remaining clauses, except postponed clauses 7, 30, 33 and 52, by leave, taken together, and agreed to. Consideration resumed of postponed clause 7, as amended— On the motion, by leave, of Senator Paltridge the following further amendments were made:—

Page 5, lines 44 and 45, leave out “ , a seamen’s inspector ” . Page 7, lines 12 and 13, leave out the definition of “ seamen’s inspector ”. On the motion of Senator McKenna (see page 44) the following further amendment was made:—Page 8, lines 19 to 21, leave out paragraph (a) of proposed section 6c., insert the following paragraph:—

“ (

“ (b) an officer is guilty of misconduct if he is guilty of careless navigation, drunkenness, tyranny, want of skill, improper conduct or, without reasonable cause or excuse, failure of duty.”. Clause 7, as amended, agreed to. Consideration resumed of postponed clause 30 and of the amendments moved thereto by Senator McKenna,

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 ” . 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 Amendments negatived. Clause 30 agreed to. Consideration resumed of postponed clause 33 and o f the amendment moved thereto by Senator McKenna,

viz.—Page 26, lines 34 to 37, leave out paragraph (b) of proposed section 48, insert the following paragraph:— “ (b) except in case where it is not practicable so to do, the agreement is completed in accordance with the provisions of sub-sections (2.), (4.) and (5.) of section 46, with the substitution

of the words ‘ proper authority ’ for the word ‘ superintendent ’ in those sub-sections.” . Amendment, by leave, withdrawn. On the motion of Senator Paltridge the following amendments were made:— Page 26, lines 34 to 37, leave out paragraph (6) of proposed section 48, insert the following paragraph

“ (b) except in a case where it was not practicable so to do, the agreement was entered into before a proper authority at the port.” . Page 26, at the end of proposed section 48 insert the following sub-section:— “ ‘ (2.) A proper authority at a port outside Australia before whom an agreement is entered into shall, so far as it is practicable so to do, ensure that the requirements of section forty-six of this Act applicable to agreements with seamen engaged at ports in Australia arc complied with in relation to the agreement entered into before him as if the agreement were entered into in Australia and the proper

authority were a superintendent.” . Clause 33, as amended, agreed to. Consideration resumed of postponed clause 52 and o f the amendment moved thereto by Senator McKenna, viz.—Page 34, line 26, after “ payable ” insert “ at double rates ” . Amendment, by leave, withdrawn. On the motion of Senator Paltridge the following amendment was made:—Page 34, lines 26 and 27, leave

out “ and to be payable until the time of the final settlement of his wages ”, insert “ until the time of the final settlement of his wages (and shall be payable at double rates for any period after the time he is given his discharge from the ship) ” . Clause 52, as amended, agreed to. Title agreed to. ·

Bill to be reported with amendments.

The President resumed the Chair; and the Chairman of Committees (Senator Reid) reported accordingly. On the motion of Senator Paltridge the Report from the Committee was adopted, and the Bill read a third time, after debate.

No. 15.—1 st May, 1958. 53

10. Bills of E xchange Bill 1958.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), pursuant to leave granted this day, brought up a Bill for an Act to amend section ninety-eight of the Bills o f Exchange Act 1909-1936. On the motion of Senator O’Sullivan the Bill was read a first time. Suspension o f Standing Orders.—Senator O’Sullivan, pursuant to contingent notice, moved—That so much

of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay. Question—put and passed.

Senator O’Sullivan moved—That the Bill be now read a second time. On the motion of Senator McKenna the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

11. Bankruptcy Bill 1958.—The Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan), pursuant to leave granted this day, brought up a Bill for an Act to amend the Bankruptcy Act 1924-1955, and for other purposes. On the motion of Senator O’Sullivan the Bill was read a first time.

Suspension o f Standing Orders.—Senator O’Sullivan, pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through its remaining stages without delay. Question—put and passed. Senator O’Sullivan moved—That the Bill be now read a second time. On the motion of Senator McKenna the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

12. Customs T ariff Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:— M r. President, Message No. 27.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act relating to Duties o f Customs ” , in which it desires the concurrence of the Senate. J. M cLeay, House of Representatives, Speaker.

Canberra, 17th April, 1958.

Suspension o f Standing Orders.—The Minister for Customs and Excise (Senator Henty), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Henty the Bill was read a first time. Senator Henty moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

13. Customs T ariff (Canadian Preference) Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:— M r. P resident, Message No. 28.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to amend the ‘ Customs Tariff (Canadian Preference) 1934-1956 ’ ”, in which it desires the concurrence of the Senate. J. McLeay,

House of Representatives, Speaker.

Canberra, 17th April, 1958.

Suspension o f Standing Orders.—The Minister for Customs and Excise (Senator Henty), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Henty the Bill was read a first time. Senator Henty moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

14. C ustoms T ariff (N ew Zealand Preference) Bill 1958.—Message from the House o f Representatives.— The following Message from the House of Representatives was received and read:— .

M r. P resident, Message No. 29.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to amend the ‘ Customs Tariff (New Zealand Preference) 1933-1957 ’ ” , in which it desires the concurrence of the Senate. J. M cLeay,

House of Representatives, Speaker.

Canberra, 17th April, 1958.

Suspension o f Standing Orders.—The Minister for Customs and Excise (Senator Henty), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Henty the Bill was read a first time. Senator Henty moved—That the Bill be now read a second time. On. the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

-54 ■No. 15.—Is/ May, 1958.

15. C ustoms Tariff (Federation of R hodesia and N yasaland Preference) Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:—

M r. President, Message No. 30.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to amend the ' Customs Tariff (Federation o f Rhodesia and Nyasaland Preference) 1956 ’ ” , in which it desires the concurrence of the Senate. J. M cLeay,

House of Representatives, Speaker.

Canberra, 17th April, 1958.

Suspension o f Standing Orders.—The Minister for Customs and Excise (Senator Henty), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Henty the Bill was read a first time. Senator Henty moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

16. E xcise Tariff Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:—

M r. President, Message No. 31.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act relating to Duties o f Excise ”, in which it desires the concurrence of the Senate. J. McLeay, House of Representatives, Speaker.

Canberra, 17th April, 1958.

Suspension o f Standing Orders.—The Minister for Customs and Excise (Senator Henty), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Henty the Bill was read a first time. Senator Henty moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

17. W estern A ustralia G rant (N orthern D evelopment) Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:—

M r. President, Message No. 32.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to grant Financial Assistance to the State o f Western Australia in relation to the Development o f the Northern part o f that State ” , in which it desires the concurrence of the Senate. J. M cLeay,

House of Representatives, Speaker.

Canberra, 22nd April, 1958.

Suspension o f Standing Orders.—The Minister for National Development (Senator Spooner), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Spooner the Bill was read a first time. Senator Spooner moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

18. W heat A cquisition (U ndistributed Moneys) Bill 1958.—Message from the House o f Representatives.— The following Message from the House of Representatives was received and read:—

M r. P resident, Message No. 33.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to provide for the application for the purposes o f Wheat Research o f certain Moneys held by the Australian Wheat Board", in which it desires the concurrence of the Senate. J. McLeay,

House of Representatives, Speaker.

Canberra, 24th April, 1958.

Suspension o f Standing Orders.—The Minister for Shipping and Transport and Minister for Civil Aviation (Senator Paltridge), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Paltridge the Bill was read a first time. Senator Paltridge moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

No. 15.-15/ May, 1958. 55

19. T ariff Board Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:—

M r. President, Message No. 36.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to amend the ‘ Tariff Board Act 1921-1953 and for other purposes ” , in which it desires the concurrence of the Senate. J. M cLeay,

House of Representatives, Speaker.

Canberra, 30th April, 1958.

Suspension o f Standing Orders.—The Minister for National Development (Senator Spooner), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Spooner the Bill was read a first time. Senator Spooner moved—That the Bill be now read a second time. On the motion of Senator Kennelly the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

20. Income T ax (International Agreements) Bill 1958.—Message from the House o f Representatives.— The following Message from the House of Representatives was received and read:—

M r. P resident, Message No. 37.

The House of Representatives transmits to the Senate a Bill intituled “ A Bill for an Act to amend the ‘ Income Tax (International Agreements) Act 1953 ’ ” , in which it desires the concurrence of the Senate. J. M cL eay,

House of Representatives, Speaker.

Canberra, 30th April, 1958.

Suspension o f Standing Orders.—The Minister for Repatriation (Senator Cooper), pursuant to contingent notice, moved—That so much of the Standing Orders be suspended as would prevent the Bill being passed through all its stages without delay. Question—put and passed. On the motion of Senator Cooper the Bill was read a first time. Senator Cooper moved—That the Bill be now read a second time. On the motion of Senator McKenna the debate was adjourned. Ordered—That the resumption of the debate be an Order of the Day for the next day of sitting.

21. R e-establishment and Employment Bill 1958.—Message from the House o f Representatives.—The following Message from the House of Representatives was received and read:—

M r. P resident, Message No. 35.

The House of Representatives returns to the Senate the Bill intituled “ A Bill for an Act to amend the ‘ Re-establishment and Employment Act 1945-1956 ’, and for other purposes”, and acquaints the Senate that the House of Representatives has agreed to the Bill without amendment.

J. M cL eay,

House of Representatives, Speaker.

Canberra, 29th April, 1958.

22. Adjournment.—The Senate adjourned at thirteen minutes to six p.m. till Tuesday next at three p.m.

23. 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.