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Thursday, 21 November 1974
Page: 2675

Senator DURACK (Western Australia) - I realise I was correct when I spoke a moment ago. In fact these 2 additional subclauses, sub-clause 5 and sub-clause 6, are being moved together. I thought they were being moved separately. New sub-clause 6 provides that where it appears from an application for dissolution that the parties have been married for less than 2 years proceedings shall not proceed except in certain circumstances. I suggest to the Attorney-General (Senator Murphy) that the period of 2 years is really conditional on clause 26, as he has proposed it, being agreed to by the Committee. If the period of separation is 2 years or 3 years and if there is no additional ground added by the various amendments that have been proposed it would be meaningless to have the period of 2 years in this sub-clause because the parties would not be able to get a dissolution at all. They would not be able to proceed at all for a dissolution unless they had been married for more than 2 years. I am suggesting that it might be reasonable to postpone this amendment until we actually come to our final decision in relation to clause 26.

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