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SJ No 20 - 14 May 1958



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COMMONWEALTH OF AUSTRALIA.

JOURNALS OF THE SENATE.

No. 20.

WEDNESDAY, 14th MAY, 1958.

1. Meeting 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; Questions.—Questions ori notice were answered.

4. Governor-General’s Messages—Assent to Bills.—The following Messages from His Excellency the Governor-General were presented, and the same were read by the President:— W. J. SLIM, ...........

Governor-General.' ■ ■ ■ ■ ■ ■ Message No. 5. · l;

Proposed Laws intituled:— ' ....

“ Stales Grants {Additional Assistance) Act 1958 ” . ' '

" Judges'Pensions Act 1958 ” ' .

as finally passed by the Senate and the House of Representatives of the Commonwealth, having been presented to the Governor-General for the Royal Assent, His Excellency has, in the name and on behalf of Her Majesty, assented to the said Laws.

Government House, ·'

Canberra, 12th May, 1958. ' ,

W. J. SLIM, ............................. .' . „

Governor-General. . Message No. 6.

A Proposed Law intituled “ Bills o f Exchange Act 1958 ” as finally passed by the Senate and the House of Representatives of the Commonwealth, having been presented to the Governor-General for the Royal Assent, His Excellency has, in the name and on behalf of Her Majesty, assented to the said Law. .

Government House, Canberra, 12th May, 1958.

5. Motion for Adjournment, to D ebate Matter of Urgency.—Senator Brown, in order, to discuss a . matter of urgency, viz.—The need for the provision of moneys by the Commonwealth to the State of Queensland to enable that State to place orders with the Commonwealth Engineering Queensland Proprietary Limited so as to avoid the necessity for the dismissal by that Company of some 400 of ■ its employees, moved—That the Senate, at its rising, adjourn till to-morrow at half-past eleven a.m.

Debate ensued. Closure.—The Minister for National Development (Senator Spooner) moved—That the Question be now . put. ·

Question—That the Question be now put—put and passed. Question—That the Senate, at its rising, adjourn till to-morrow at half-past eleven a.m.—put accordingly and negatived. ' .: .

6. Papers.—The following Papers were presented, by Command of His Excellency the Governor-General— : . Australian Economy, 1958.. Cocos (Keeling) Islands—Report for period 23rd November, 1955, to 30th June, 1957. Nauru—Report to the General Assembly of the United Nations on Administration of Nauru, for

year 1956— 57. - . ...... . . . . . . ... . . . .

New Guinea—Report to the General Assembly of the United Nations on Administration of New Guinea, for year 1956-57. . ..

The following Paper was presented, pursuant to Statute— \ . ",."

Tobacco Industry Act—Second Annual Report on the Tobacco Industry Trust Account, for year 1956-57, . . . , . - . ... .·

F-2928/J8,

74 No. 20.—14/A May, 1958.

7. J oint Committee of Public Accounts—R eports.—Senator Wedgwood brought up the following Reports from the Joint Committee of Public Accounts:— Thirty-seventh Report—Northern Territory Administration—Part II. Thirty-eighth Report—Index to First to Thirty-fourth Reports. Ordered to be printed.

8. Suspension of Standing O rder N o. 68.—The Vice-President o f the Executive Council and Attorney-General (Senator O ’Sullivan) moved, by leave—That Standing Order No. 68 be suspended up to and including Friday, 16th May, 1958, to enable new Business to be commenced after half-past ten o’clock at night. Debate ensued. Question—put and passed.

9. Postponement.—Ordered—That Orders of the Day Nos. 2 and 3, Government Business', be postponed until after the consideration of Orders of the Day Nos. 4 and 5.

10. Petroleum Search Subsidy Bill 1958.—Order of the Day read for the adjourned debate on the Question— That the Bill be now read a second time. Debate resumed. Question—put and passed. Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

The Deputy-President resumed the Chair; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. On the motion o f the Minister for National Development (Senator Spooner) the Report from the Committee was adopted, and the Bill read a third time.

11. C ustoms T ariff Bill (No. 2) 1958.—Order of the Day read for the adjourned debate on the Question— That the Bill be now read a second time. Debate resumed. Question—put and passed. .

Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole. Senator McKenna moved an amendment, viz.—Page 3, clause 3, at the end of proposed section 9b, add the following sub-section:— 41 ‘ (6.) An order under either of the last two preceding sections or in sub-section (3.) of this

section shall be subject to the provisions of section 48 of the Acts Interpretation Act 1901-1957 as if it were a regulation made under an Act.’.” . Debate ensued. Amendment, by leave, withdrawn.

On the motion of the Minister for Customs and Excise (Senator Henty) the following amendment was made, after debate:—Page 3, clause 3, at the end of proposed section 9b, add the following sub-sections:— “ ‘ (6.) Orders under this Act shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1939.

‘ (7.) TTiP provisions of sections forty-eight and forty-nine of the Acts Interpretation Act 1901— 1957 (other than paragraphs (a) and lb) of sub-section (1,), sub-section (2.) and sub-section (6.) of that first-mentioned section) apply, by force o f this section, to an order under this Act in like manner as those provisions apply to a regulation.

‘ (8.) Where an order under this Act is disallowed, or is deemed to have been disallowed, under a provision of the Acts Interpretation Act 1901^.1957 as applied by the, last preceding sub-section, the disallowance of the order has effect as if that order had been revoked by an order under sub-section (4.) of this section from the time and the date of the disallowance.’.’’. . ..

Bill, as amended, agreed to. Bill to be reported with an amendment.

_ The Deputy-President resumed the Chair ; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. :

On the motion of Senator Henty the Report from the Committee was adopted, and the Bill read a third . time, ' - '

12. C ustoms T ariff (Primage D uties) Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. Debate resumed. Question—put and passed. '

Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

No. .20.— -14f/i May, 1958. 75

' ·â–  ■ ·. ; . In the Committee. :

Bill, by leave, taken as a whole. : .

On the motion of the Minister for Customs and Excise (Senator Henty) the following amendment was made:—Page 1, after clause 1, insert the following new clause:— “ 1a. After section five of the Principal Act the following section is inserted :— ‘ 6.—(1.) In this section, “ order ” means an order made by the Minister for Orders by

the purposes of the Schedule. the Minister.

‘ (2.) Orders shall not be deemed to be Statutory Rules within the meaning of the Rules Publication Act 1903-1939. 1 (3.) The provisions of sections forty-eight and forty-nine of the Acts Interpretation Act 1901-1957 (other than paragraphs (a) and (b) of sub-section (1.), and sub-section (2.), of that first-mentioned section) apply, by force of this section, to an order in like manner as those provisions apply to a regulation.

‘ (4.) An order takes effect from the date of publication in the Gazette or such later date, if any, as is specified in the order.’.” . Bill, as amended, agreed to. Bill to be reported with an amendment;

The Deputy-President resumed the Chair; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. On the motion of Senator Henty the Report from the Committee was adopted, and the Bill read a third time.

13. T ariff Board R eports.—The Minister for National Development (Senator Spooner), by Command of His Excellency the Governor-General, laid upon the Table the following Papers— Tariff Board Reports on— Timber. ..............

Copper. Artificial silk piece goods. Printing of textiles. Refrigerating appliances and parts thereof. -

Metal working drilling machines. Cutlery—deferred duties (forged carving steels; forged carving knives and forks). Iron and steel hoop n.e.i. Tariff Item 136 (f) (3)—deferred duties— .

and, by leave, made a statement relating thereto. "

Senator McKenna moved—That the Reports on Timber, Copper, and Artificial silk piece goods, be printed. Ordered—That the debate be adjourned till the next day of sitting, and that Senator McKenna have leave to continue his speech on the resumption of the debate.

14. W estern Australia G rant (N orthern D evelopment) Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. Debate resumed. .

Question—put and passed. .

Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

The Acting Deputy-President (Senator Anderson) resumed the Chair; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. On the motion of the Minister for National Development (Senator Spooner) the Report from the Committee was adopted, and the Bill read a third time. -

15. States G rants (U niversities) Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. Debate resumed. Question—put and passed. Bill read a second time. ·

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

T he Deputy-President resumed the Chair; and the Temporary Chairman of Committees (Senator Wood) , reported accordingly.. On the motion of the Vice-President of the Executive Council and Attorney-General (Senator O’Sullivan) the Report from the Committee was adopted, and the Bill read a third time.

76 No. 20.—14/A May, 1958.

16. Wheat A cquisition (U ndistributed M oneys) Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. .

Debate resumed. Question—put and passed. „

Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

The President resumed the Chair; and the Temporary Chairman of Committees (Senator Anderson) reported accordingly. On the motion of the Minister for Shipping and Transport and Minister for Civil Aviation (Senator Paltridge) the Report from the Committee was adopted, and the Bill read a third time.

17. Cotton Bounty Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. Debate resumed. Question—put and passed. -

Bill read a second time. . '

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

The President resumed the Chair; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. ‘

On the motion of the Minister for Customs and Excise (Senator Henty) the Report from the Committee was adopted, and the Bill read a third time.

18. Beer Excise Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. " Debate resumed. Question—put and passed. -

Bill read a second time. .

The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

The President resumed the Chair; and the Temporary Chairman of Committees (Senator Pearson) reported accordingly. On the motion of the Minister for Customs and Excise (Senator Henty) the Report from the Committee was adopted, and the Bill read a third time.

19. Income Tax (International Agreements) Bill 1958.—Order of the Day read for the adjourned debate ' on the Question—That the Bill be now read a second time. Debate resumed. Question—put and passed.

Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to, after debate. Bill to be reported without amendment.

The President resumed the Chair; and the Chairman of Committees (Senator Reid) reported accordingly. ......... · , , · ■ ■

On. the motion of the Minister for Repatriation (Senator Cooper) the Report from the Committee was adopted, and the Bill read a third time. ·

Μ>.20Λ-τ14ίΑ and 15/A May, 1958. 77

20. Broadcasting and Television Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be now read a second time. ... Debate resumed.

And it being 11 p.ni.—

Adjournment Negatived.—The President, under Sessional Order, put the Question—That the Senate do now adjourn— Which Question was negatived.

■ Debate continued.

Suspension o f Sitting.—At half-past eleven p.m., the sitting of the Senate was suspended until a quarter- past twelve o’clock midnight.

The Senate having resumed—

THURSDAY, 15th MAY, 1958, a .m .

Debate continued. Question—That the Bill be now read a second time—put and passed. Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

: : Bill, by leave, taken as a whole. " ■

- The Minister for Repatriation (Senator Cooper) moved an amendment, viz.—Page 2, clause 3, lines 4 to 31, leave out the clause, insert the following clause:— ......'

“ 3. Section thirteen of the Principal Act is repealed and the following sections are inserted . in its stead:— . . . .

‘ 13.—(l.)T h e Governor-General may suspend a member for misbehaviour or Suspension incapacity and may, subject to the succeeding provisions of this section, remove the of member·8' suspended member from office. . . , ·.; . -

' (2.) Where the Governor-General suspends a member under the last preceding ■ sub-section, the Minister shall cause to be laid before each House of the Parliament, within seven sitting days of that House after the suspension, a full statement of the grounds of suspension.

‘ (3.) The Governor-General shall not remove the member from office— (a) if a resolution requesting the Governor-General to revoke the suspension ; .·. has been passed in each House of the Parliament, being a resolution— . (i) for which, in each House of the Parliament, notice of motion was • - · . ........... given within fifteen sitting days of that House after the day on

: ........ which the statement of the grounds of suspension had been laid

before that House in accordance with the last preceding sub­ . section; and . ............. ...

............ (ii) which, in each House of the Parliament, was passed within fifteen...... ..

sitting days of that House after the day on which notice of

- · i -- - motion for the resolution had been given in that House; or

: ^ : '. (b) ..at any time while it remains possible: that such a resolution of each House -.i. ...' of the Parliament.may be passed. . ...... .· . .. : :

1 (4.) The Governor-General may, at any time while a member is suspended-under— - - this section, revoke the suspension, and he shall revoke the suspension if— (a) a resolution referred to in the last preceding sub-section has been passed in each House of the Parliament; or .......

' ' . (b) he does not, within fourteen days after it has ceased to be possible for such .

; ............. a resolution to be passed in each House of the Parliament, remove the .

. : . member from office. '. ' . ..'.... .. :

‘ (5.) Where— - ,

(a) fifteen sitting days have elapsed after the day on which notice of motion f o r ......: a resolution requesting the Governor-General to revoke the suspension - of a member was given in a House of the Parliament; and - ■ ·â–  - ■·: (b) the notice has not been withdrawn or otherwise disposed of, and the

motion, if moved, has not been withdrawn or otherwise disposed of, this section shall operate as if the resolution had been passed within those fifteen sitting . days. . .

‘ (6.) The Governor-General may appoint a person to be a member, or a part-time " member, of the Board, as the case requires, during the suspension of a member under this section, and may revoke any such appointment.

. . . * 13a.—( 1.) A member may resign his office by writing under his hand addressed Vacation of to the Governor-General, but the resignation is not effective unless and until it has been °®“ " accepted by the Governor-General.

F.2928/3S.—2

78 No. 20.—13r/t May, 1958,.zm.

‘ (2.) If a member— . -

(a) becomes bankrupt, applies to take the benefit of any law for the belief o f bankrupt or insolvent debtors, compounds with his creditors or makes an assignment of his remuneration for their .benefit; (b) becomes a person who would not be qualified to be appointed as a member; (c) not being a part-time member— . ■:

(i) engages in paid employment outside the duties of his office without the approval of the Minister; or (ii) is absent from duty, except on leave granted by the Minister, fo r a .period of fourteen consecutive days or for twenty-eight days in any period of twelve

months; or

(4) being a part-time member, is abs'erft, except On leave granted by the 'Minister, from all meetings of the Board held during two consecutive months, the Governor-General shall, by notice in the Gazette, declare that the office of the member is vacant, and thereupon the office shall be deemed to be vacant.’.” .

Debate ensued. Question—That the words proposed to be left out be left out—put and passed. Question—That the words proposed to be inserted be inserted—proposed— Senator Gorton moved an amendment to the words proposed to be inserted, viz.— .-Paragraph (a) of

sub-section (3.) of proposed section 13, leave out the words “each House ” (first occurring), .insert “ either House ” . Debate continued. .

To report progress and ask leave to sit again.

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

21. O verseas T elecommunications Bill 1958.—Order of the Day read for the adjourned debate on the Question—That the Bill be how read a second time. Debate'resumed. .

Question—put and passed. Bill read a second time. The Senate, according to Order, resolved itself into Committee for the consideration of the Bill.

In the Committee.

Bill, by leave, taken as a whole, and agreed to. Bill to be reported without amendment.

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

22. Conciliation and A rbitration 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. 51.

3^H ouse»fR iep^seB tatives.tiansm itS't»the5aiatea£iU ;intitiiled^‘ A.Bill:for an Act to amend the ''Conciliation and Arbitration Act 1904-1956 ’, and for 'other purposes", in which it desires the concurrence-of the Senate. .

............ ■ . , . . . . . ; . ’ J. McLEAY,

House .of Representatives, Speaker.

Canberra, 14th May, 1958.

Suspension o f Standing Orders:—The Vice-President of the Executive .Council and Attorney-General (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 all its stages without delay. Question—put and passed. On the -motion of Senator O ’Sullivan the Bill was read a first time. 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 a later hour of the day.

23. Adjournment.—The Senate adjourned at twenty-three minutes to two a.m. till this day at eleven a.m.

24. Attendance.—Present, all the Members except Senators Arnold, Aylett, Byrne, Cooke, Fraser (on leave), Grant, Hendrickson, Kenneily, McManus, SandfOrd, Scott, Seward (On leave), Sheehan and Vincent.

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

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