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Wednesday, 1 December 1971
Page: 3939


Mr N H Bowen (PARRAMATTA, NEW SOUTH WALES) - The Government cannot accept this amendment. I should perhaps point out that the scheme of the Act as it stands at present in relation to examinable agreements with which this clause deals defines certain clauses of agreements which are made examinable. It requires them to be registered. It proceeds on the basis that some of these agreements may be against the public interest; others of them may not. Provision, therefore, is then made in the Act for the question whether an agreement is contrary to public interest to be determined in a proper fashion, that is, by the Commissioner. Should that not be satisfactory to the party, the party may go before the Tribunal. This amendment would make every examinable agreement unlawful. The words used are every examinable agreement shall be deemed unlawful'. It envisages that everything is against the public interest. Experience has shown that, in fact, this is not so. It is necessary to have this filtering procedure. Therefore, this amendment would cut across the principle of the present Act. It does not sit with it in its current form and it is not acceptable to the Government.







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