constitutional - senate - 1970

Contexts in which the word constitutional was used in the Senate during the 1970s

ls it a fact that academic freedom has, in some instances, become academic licence in our universities, with some members of the university staffs overstepping their basic function of teaching by taking part in political activity and, in the process, inciting students to disregard constitutional authority? [More…]
Does the Government regard these incidents as a form of intimidation and threat to effective constitutional government? [More…]
1 can fully appreciate the argument advanced by Senator Wright as to clause 4 being within die constitutional ambit of the Commonwealth Parliament. [More…]
In any event, I suspect there are some constitutional matters involved hut I think it is a fair question. [More…]
The fact of the matter, is that we now have a new Prime Minister who was elected strictly in accordance with the constitutional provisions of the Parliament and of the Commonwealth. [More…]
The Opposition will not oppose this motion because it is obvious that certain constitutional changes will need time to take effect. [More…]
On behalf of the Australian Democratic Labor Party I would like to say that, being conscious of the constitutional neces sities and processes, we believe that the adjournment of the Senate until next Monday is imperative. [More…]
A statement by the Minister for External Territories dated 27th April 1971 relating to Papua New Guinea Constitutional Development [More…]
Do 1 understand that the Minister is now suggesting that the constitutional basis is the taxation power rather than the interstate trade and commerce power? [More…]
The Commonwealth is adopting a policy of forcing certain sections of industry to raise a levy on a dubious constitutional basis in order to pay for the research work that is conducted in that industry. [More…]
What is the constitutional basis for this Bill? [More…]
The question of regional electorates is dealt with in paragraphs 27 to 30 of the final report of the Select Committee on Constitutional Development. [More…]
If they become requests to the House of Representatives they come into the constitutional area where the Senate may not amend proposed laws imposing taxation or proposed laws appropriating revenue or moneys for the ordinary annual services of the Government in such a way as to increase the proposed burden or charge on the people. [More…]
Is the Attorney-General aware of a judgment given yesterday in the Northern Territory by Mr Justice Forster relating to the constitutional powers of parliamentary committees? [More…]
Does he agree that this in no way relates to the constitutional power of Commonwealth parliamentary committees, as suggested in Press reports published today? [More…]
That the following Legislative and General Purpose Standing Committees, appointed by the Senate on11th June 1970, be fully established: The Standing Committee on Foreign Affairs and Defence, the Standing Committee on Constitutional and Legal Affairs and the Standing Committee on Finance and Government Operations. [More…]
It is a fact that the Commonwealth Government has no head of constitutional power in regard to which it may legislate on matters of air pollution or water pollution. [More…]
My question which is directed to the Attorney-General refers to reported statements yesterday oy the Prime Minister that the Commonwealth probably has no constitutional power to legislate on pollution, although he doubted whether anyone would challenge the appropriation of funds for antipollution measures. [More…]
In view of the Committee’s emphasis on the urgency of a national approach, will the Attorney-General examine those sections of the Committee’s report which refer to its views on both the constitutional position of the Commonwealth and the Federal concept of the Constitution and let the Senate have his advice in due course? [More…]
I present the report from the Standing Committee on Constitutional and Legal Affairs on the Death Penalty Abolition Bill i970. [More…]
It is that this clause is thrown into considerable doubt from a constitutional point of view. [More…]
The practice has been that Attorneys-General have not been prepared to answer questions on constitutional law following court decisions, but this is a matter for the AttorneyGeneral. [More…]
That the Evidence (Australian Capital Territory) Bill 1972 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report. [More…]
However, its application has been limited to the prevention and settlement of disputes in an industry in the constitutional meaning of that word. [More…]
Thus, in light of its consideration of the decision in the firefighters’ case and the particular result that has flowed from that decision in the Australian Capital Territory, the Government sees no reason why the jurisdiction of the Conciliation and Arbitration Commission should be restricted in the Territories to dealing with industrial disputes involving only persons who are engaged in an industry in the constitutional sense of that word. [More…]
This is normal constitutional procedure and does not conflict with the philosophy of the Statute of Westminster. [More…]
The Government has consistently maintained that the initiative for constitutional development should lie with the House of Assembly to which it looks to represent the wishes of the majority of the people. [More…]
The Commonwealth has no constitutional authority to impose production quotas. [More…]
Article IV of the South East Asia Collective Defence Treaty provides, inter alia, that ‘Each Party recognises that aggression by means of armed attack in the Treaty Area against any of the Parties or against any State or territory which the Parties by unanimous agreement may hereafter designate, would endanger its own peace and safety, and agrees that it will in that event act to meet the common danger in accordance with its constitutional processes . [More…]
If not, does the Government intend inviting local government bodies to take part in future discussions related to constitutional reform? [More…]
The Standing Orders Committee at this stage recommends to the Senate, without prejudice to any constitutional rights, that Senate committees be directed to refrain from meeting and transacting business after the forthcoming dissolution of the House of Representatives. [More…]
Will the Commonwealth Government continue to use all constitutional means to persuade the New South Wales Government to close the Centre? [More…]
Because this work was agreed to by the sovereign State of Tasmania in 1967 and is its constitutional responsibility and because the work has been practically completed - to the extent that the resultant enlargement is approximately three-quarters full - is it not ludicrous, purposeless and asinine to conduct an inquiry now into the proposition, which actually is of little concern to the Commonwealth? [More…]
Is the Attorney-General aware that on 22nd February 1973 the then Acting Prime Minister stated that the Commonwealth Government had decided not to seek leave to intervene in the High Court case involving the question of the constitutional validity of the Tasmanian tobacco tax. [More…]
That the Bill be referred to the Standing Committee on Constitutional and Legal Affairs for consideration and report and that the Committee report to the Senate on or before 1st May 1973. [More…]
Pursuant to the order of the Senate, I present the report from the Standing Committee on Constitutional and Legal Affairs on the Compensation (Commonwealth Employees) Bill 1973. [More…]
I asked myself under what particular constitutional head of power this was being done. [More…]
The Constitutional Convention is scheduled to meet in Sydney in the week commencing 3 September. [More…]
The first is the Constitutional Convention. [More…]
It is obvious that matters of that character are going to be discussed in the constitutional context. [More…]
What the honourable senator is expecting to receive in an answer to an oral question is an interpretation of a proposed constitutional amendment which he knows is a foolish thing to seek. [More…]
I ask the Leader of the Government in the Senate whether the Government, by seeking the constitutional power to deal with prices, thereby intends by the use of the single word ‘prices’ also to secure a power over interest, rents and wages? [More…]
Senator MURPHY (New South WalesAttorneyGeneral) I ask for leave to give contingent notice for tomorrow as follows: That contingent on the receipt of a further constitutional alteration bill I shall move that standing order 242 be suspended to enable the third reading to be passed without a call of the Senate. [More…]
I give notice that contingent on messages being received from the House of Representatives transmitting the Constitutional Alteration (Simultaneous Elections) Bill 1973, the Constitutional Alteration (Democratic Elections) Bill 1973 and the Constitutional Alteration (Local Government Bodies) Bill 1973 for concurrence, I shall move: [More…]
I am sorry that, as happened in 1969, constitutional and legal difficulties are being raised. [More…]
An alteration to the Constitution is necessary before the Government can implement its plan, and the people are being asked at a referendum whether they believe that the constitutional alteration should be made. [More…]
I think that a constitutional matter is involved and I should order a division. [More…]
The Opposition will oppose this motion and it will oppose it for the reasons which have been advanced on earlier occasions when these constitutional Bills have come before the Senate. [More…]
It makes it so awkward because I was going to mention the fact that this matter was supposed to go before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I understand that whenever Bills for constitutional alterations have been before the Senate on earlier occasions that practice has been adopted instead of the practice of seeking to remove altogether the obligation for a call of the Senate. [More…]
The Leader of the Government will still have an opportunity, if a second reading should be given to this or any of the other constitutional alteration Bills, to move either that standing order 242 be suspended or, if he feels that the attitude of the Senate on that is quite clear, that standing order 283 be amended in some way so that the obligation of a 3-week delay is reduced to, say, 24 hours or less. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information. [More…]
This Bill is not in the same position as the other 4 constitutional alteration Bills. [More…]
It received very intense consideration by the Constitutional Review Committee from 1956 to 1959 when I endeavoured to have established what I think would be the system advocated by Mr Justice Dixon- that is to say, the unitary system, ignoring the division between State and Federal jurisdictions, and having one system of judges to administer the law whether it be State or Federal. [More…]
However, that can be achieved only by a constitutional amendment, and until that amendment is made it is vastly preferable to retain the system operating to date whereby Federal jurisdiction in important fields has been vested in the State supreme courts. [More…]
That notwithstanding anything contained in the Standing Orders, the legislative and general purpose Standing Committee on Constitutional and Legal Affairs be empowered to consider the clauses of the Family Law Bill 1974 during its consideration of the matter previously referred to it, namely, the law and administration of divorce, custody and family matters; [More…]
That whereas our National Anthem ‘God Save The Queen’ is a perpetual reminder of the Monarchy as a major feature of our Constitutional heritage: [More…]
-Mr President, I bring up the report of the Joint Committee on the Northern Territory reporting that the Committee has been unable to complete its inquiry into the constitutional development in the Northern Territory, and move: [More…]
I have no wish to become involved in an argument on constitutional interpretation, except to say that it has been my experience that mostly when an amendment is to be rejected the excuse that is usually used as a last resort is that there is a constitutional problem that cannot be overcome. [More…]
Of course, there is also the point that specific reference to anything, including housing, in the objectives of the legislation could be used as grounds for challenging its constitutional basis. [More…]
I inform the Senate that I have received a message from the House of Representatives relating to the Constitutional Convention. [More…]
It is, accordingly, an occasion of great constitutional significance in the history of this Parliament. [More…]
-It concerns the Constitutional Convention. [More…]
And whereas the Senate is not only an independent House of Review elected democratically by the people with its own mandate to protect their heritage and constitutional rights, but is the States’ House by which all Australians in their own sovereign states formed long before Federation can bring together ideas and plans and resources for their mutual benefit and advancement, [More…]
It may well be that it is within the constitutional competence of the Australian Parliament to take action in respect of some of the matters dealt with in that legislation. [More…]
that Pensioners transport be made free within the Federation where the Government has constitutional powers, to make all Government and Private transport free within the Federation to Pensioners and all other underpriviledged members of the community. [More…]
I suggest that we are discussing the proposition that the Australian Labor Party ought to be given 5 representatives at the Constitutional Convention and the Liberal-Country Party Opposition ought to be given four, therby giving the Labor party the traditional majority which a government usually has on committees of this type. [More…]
I believe that the Liberal Movement has already a representative at the Constitutional Convention. [More…]
I intend to say little in support of my own inclusion in this list of delegates to the Constitutional Convention. [More…]
Another member of the Liberal Movement in that State has been appointed by the State Government as a member of the Constitutional Convention. [More…]
That the amendment to the bill recommended by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interests of the children. [More…]
It will be the task of the Senate Standing Committee on Constitutional and Legal Affairs to probe this difference of opinion and to determine where the balance of judgment lies so far as the insurance industry is concerned. [More…]
To my understanding, it was accepted in the House of Representatives by the Opposition as a proper basis upon which representation should go from this Parliament to the Constitutional Convention. [More…]
If he is suggesting, for example, that the Government should have nominated as the Opposition’s representatives at the Constitutional Convention himself, the other Independent and perhaps a member of the Australian Country Party and that that would have been reasonable and something which ought to have been acceptable to the Opposition, his thought processes are quite extraordinary. [More…]
It lacks the Constitutional power to raise loans on behalf of local government and, earlier this year, a referendum to establish that power was unsuccessful. [More…]
That the inclusion in Sub-section 54 (2) of the Family Law Bill of the Clause recommended in paragraph 67 (f) (2) of the Report of the Senate Standing Committee on Constitutional and Legal Affairs, which will allow “any fact or circumstance” to be taken into account when considering maintenance, completely alters the whole concept of specific guidelines as now set out in Section 54, and we oppose it. [More…]
There is criticism if one brings in a Bill and does not accept any changes to it; but there is even more criticism if one listens to some of the suggestions that are made and, as in the case of the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs which examined the clauses of this Bill, if one endeavours to have drafts made incorporating views which seem to be sensible. [More…]
They relate not only to certain constitutional problems but also to whether or not a Family Court can provide the service and the facilities for persons who are involved in matrimonial causes with adaptations that the existing State system can provide. [More…]
My hope was that the Attorney-General would be prepared to explain why, in contradistinction to the initial attitude he adopted when the first version of this Bill was before the Senate, he has now responded to the suggestion of the Senate Standing Committee on Constitutional and Legal Affairs and desires to have a Family Court. [More…]
Members of the Senate Standing Committee on Constitutional and Legal Affairs may be able to add to my comments if they wish. [More…]
I support the addition of the words recommended by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Constitutional and Legal Affairs Committee thought that this should not be forced on them. [More…]
I inform the Senate that I have received a letter from the Leader of the Government in the Senate, Senator Wriedt, informing me that Senator James McClelland has indicated that he wishes to be discharged from further attendance on the Legislative and General Purpose Standing Committees on Constitutional and Legal Affairs, and Education, Science and the Arts. [More…]
That Senator James McClelland be discharged from further attendance upon the Standing Committees on Constitutional and Legal Affairs, and Education, Science and the Arts. [More…]
-I would not undertake to answer a question involving the constitutional powers of the States. [More…]
The States and the Constitutional Convention which has been operating over the past 2 years have been by-passed. [More…]
For constitutional reasons, the Tribunal could not be given the power of determination in this case. [More…]
-As regards the establishment of the Children’s Commission, I think it is appropriate at this stage that I seek clarification on certain constitutional issues which have been raised in connection with this Bill. [More…]
If that was a constitutional Bill, then ours certainly is. [More…]
I simply ask under which head of constitutional power does the Government decide that this Commission, in its present form, will take effect? [More…]
Minister representing the Attorney-General whether the Government has appointed the judges who will comprise the judicial committee to inquire into breaches of constitutional qualifications by members of Parliament. [More…]
-In the absence of the Chairman of the Committee, Senator Everett, I seek leave to move a motion to extend the time for the Senate Standing Committee on Constitutional and Legal Affairs to report to the Senate on the clauses of the National Compensation Bill 1974. [More…]
I seek leave to give a notice of motion relating to the participation of the Australian Parliament in the Constitutional Convention and the membership of the proposed Australian parliamentary delegation. [More…]
Pursuant to paragraph 2 of the resolution of the Senate of 23 April 1975 I lay upon the table the report of the Senate Standing Committee on Constitutional and Legal Affairs on the clauses of the National Compensation Bill 1974. [More…]
That the resolution of this House of 1 August 1974 concerning the participation by the Australian Parliament in the Constitutional Convention be amended as follows: [More…]
I have received advice from the Prime Minister that in accordance with the resolution of the House of Representatives of 1 August 1974, as amended on 21 August 1975, and the Senate’s resolution of 12 June 1975, the list of delegates nominated by the Party Leaders to represent the Australian Parliament at the forthcoming meetings of the Australian Constitutional Convention to be held in Melbourne from 24 September to 26 September 1975 is as follows: [More…]
I have received letters from Senator the Honourable James McClelland resigning his place as a delegate of the Australian Parliament to the Australian Constitutional Convention and from the Leader of the Government in the Senate nominating Senator Everett as a member of the delegation in his place. [More…]
Mr President, in answer to Senator Withers and perhaps to help you clarify your mind, let me say, as I indicated earlier, that the possibility of someone being sworn into this Parliament without the proper constitutional procedures being observed is a serious matter. [More…]
The fact that the Australian Government provides them with funds and pays student fees gives it no constitutional authority over them whatsoever. [More…]
The University over which the Australian Government has constitutional authority is subject to legislation in the Australian National University Act. [More…]
What progress is being made towards the achievement of a constitutional settlement in Southern Rhodesia? [More…]
There appears to be no limit to the depths to which Senator Carrick will sink in his attempt to provide what his leader calls the reprehensible circumstances for inducing a constitutional crisis in this country. [More…]
That is an example of the depths to which that Opposition spokesman is prepared to sink in his attempt to provide the so-called reprehensible circumstances which his leader wants to induce a constitutional crisis. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Although the Australian Government has assumed full financial responsibility for universities it does not, and indeed could not, exercise any constitutional authority over them whatsoever. [More…]
For the information of honourable senators, I lay upon the table the minutes of proceedings of the session of the Australian Constitutional Convention held in Melbourne from 24 to 26 September 1 975. [More…]
In conclusion, I can only say I hope that the constitutional crisis in Canberra will not be allowed to become the threat it could pose to the stability of State government. [More…]
Australia knows, and we here know, who is creating the constitutional crisis in Canberra. [More…]
Does not the Government accept that changes in government in this country occur through orderly constitutional processes and elections conducted by secret ballot in conditions of freedom of speech and freedom of association? [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democractic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
The Prime Minister has stated repeatedly, and it is the Government’s, position, that there will be no continuation of the Government unless everything that it does is constitutional and legal, and that any moneys which are expended are expended with the authority of the Parliament. [More…]
The Government will not be acting illegally or unconstitutionally. [More…]
If the present position remains, the Government will continue to examine schemes which it believes are practical, legal and constitutional. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
I refer also to the Treasurer’s assertion at the weekend that the Government would have lawful authority, constitutional sanction and parliamentary approval for everything it did. [More…]
I think that time will demonstrate that alternative methods which are legal and constitutional will be formulated. [More…]
For the information of honourable senators I lay on the table the minutes of proceedings of the Australian Constitutional Convention held in Sydney from 3 September 1973 to 7 September 1973. [More…]
It was designed to evade the constitutional obligations of the Commonwealth. [More…]
Therefore, when he says that the means which he will follow to govern without the Appropriation Bills will not be illegal and will not be unconstitutional, what credence or trust can be placed on his words? [More…]
Until the Government states the means by which it proposes to raise the thousands of millions of dollars with which to carry on government, how can one say whether the means will be legal and constitutional? [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island; and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Constitutional and Legal Affairs: [More…]
I inform honourable senators that I have received a letter from the Leader of the Government in the Senate nominating Senator Rae to be a member of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs. [More…]
That Senator Rae, having been duly nominated in accordance with the resolution of the Senate of 2 March 1976, be appointed to the Standing Committee on Constitutional and Legal Affairs. [More…]
I seek leave to move a motion for a reference to the Senate Standing Committee on Constitutional and Legal Affairs, in accordance with the undertaking given to the Senate Standing Committee on Regulations and Ordinances by the Minister for the Capital Territory (Mr Staley). [More…]
That the following matters be referred to the Standing Committee on Constitutional and Legal Affairs, and that the final report ofthe Committee upon the matters be presented on or before 30 September 1 976: [More…]
I have received a message from the House of Representatives acquainting the Senate of a resolution appointing members to the Australian Constitutional Convention. [More…]
By arrangement with Senator Douglas McClelland, I seek leave to give notice of a motion relating to participation by the Commonwealth Parliament in the Australian Constitutional Convention. [More…]
-I present a report from the Standing Committee on Constitutional and Legal Affairs on its inquiry into the reference involving the ordinary annual services of the Government. [More…]
That the time for presentation of the report of the Standing Committee on Constitutional and Legal Affairs on: [More…]
One of the articles of the Agreement provides that it comes into force on the date on which the 2 governments exchange notes notifying each other that their respective constitutional and other requirements necessary to give effect to this [More…]
For the information of honourable senators, I lay on the table a document entitled ‘Resolutions Adopted at the Australian Constitutional Convention, Wrest Point, Hobart-27-29 October 1976’. [More…]
However, this question was raised in discussion at the Hobart session of the Australian Constitutional Convention. [More…]
It is the Attorney-General’s view that if there is to be a proposal for a constitutional amendment it would be desirable for the matter to be taken up formally at the Constitutional Convention, which is scheduled to meet again in Perth later this year. [More…]
Can the Minister indicate whether this can be done by legislative action or is a constitutional amendment required? [More…]
I take it that it was a unanimous decision of the Senate Standing Committee on Constitutional and Legal Affairs? [More…]
I rise to speak upon this motion to place on record my complete sense of shame at the way the Government is conducting itself in the introduction of legislation of great constitutional import. [More…]
The Minister for Administrative Services (Senator Withers) is at the table seeking precedence for Government business so that at 11.10 o’clock on Thursday night after the conclusion of ordinary hours of sitting he can bring in 4 constitutional Bills. [More…]
1958 INTERIM REPORT: CONSTITUTIONAL REVIEW COMMITTEE [More…]
The proposal is in accord with a unanimous recommendation that was made by the Joint Parliamentary Committee on Constitutional Review in its 1958 and 1959 reports. [More…]
-by leave-I regret that both in the House of Representatives and in this place the Ministers, when introducing the Bill seeking a referendum to alter the Constitution in respect of simultaneous elections, should have said that the proposal was in accordance with the unanimous recommendation of the Joint Parliamentary Committee on Constitutional Review in 1959. [More…]
I referred to Sir Eric Willis speaking on behalf of the New South Wales Government at the Constitutional Convention. [More…]
-I report to the Senate that I have received a letter from the Leader of the Opposition in the Senate (Senator Wriedt) nominating senators to be members of the Legislative and General Purpose Standing Committees as follows: Constitutional and Legal Affairs Committee- Senator Button, Senator Devitt and Senator James McClelland; Education and the Arts Committee- Senator Button, Senator Robertson and Senator Ryan; Foreign Affairs and Defence Committee- Senator Mcintosh, Senator Primmer and Senator Sibraa; National Resources Committee- Senator McAuliffe, Senator McLaren and Senator Robertson; Science and the Environment CommitteeSenator Colston, Senator Melzer and Senator Mulvihill; Social Welfare CommitteeSenator Brown, Senator Grimes and Senator Melzer; Trade and Commerce CommitteeSenator Cameron, Senator Coleman and Senator Walsh. [More…]
My understanding is that the South Australian Government, which has a very direct constitutional responsibility regarding all aspects of education, specifically colleges of advanced education, some time ago set up the Anderson Committee of Inquiry into aspects of higher education. [More…]
-I present the report of the outstanding references of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I wish to inform the Senate that I have received a letter from the Leader of the Government in the Senate (Senator Withers) nominating Senator Tehan to fill the vacancy now existing on the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That Senator Tehan, having been duly nominated in accordance with Standing Orders, be appointed to fill the vacancy now existing on the Standing Committee on Constitutional and Legal Affairs. [More…]
That the Bill be referred to the Standing Committee on Constitutional and Legal Affairs and that the Committee report to the Senate as soon as possible but no later than 30 September 1977. [More…]
I inform the Senate that I have received a letter from the Leader of the Opposition in the Senate (Senator Wriedt) requesting that Senator James McClelland be discharged from service on the Senate Standing Committee on Constitutional and Legal Affairs and nominating Senator Wheeldon to be a member in his place. [More…]
That Senator James McClelland be discharged from service on the Standing Committee on Constitutional and Legal Affairs and that Senator Wheeldon, having been duly nominated in accordance with Standing Order 36aa, be appointed to the Committee. [More…]
I add only that this was a matter which was the subject of some discussion by the Senate Standing Committee on Constitutional and Legal Affairs when it was dealing with the Family Law Bill a couple of years ago. [More…]
-I present the report on the Evidence (Australian Capital Territory) Bill 1972 by the Senate Standing Committee on Constitutional and Legal Affairs, together with a copy of evidence taken at an in camera meeting of the Committee in relation to the reference. [More…]
-I present a report on the outstanding references of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I preface my question, which is directed to the Minister for Education, by saying that whilst I appreciate that the Commonwealth has no constitutional power or formal responsibility regarding educational standards in the state school systems, does the Minister consider that he has any duty, as the Minister responsible for education in the whole country, to see that modern courses such as Man- A course of Study- MACOS- and the Social Education Materials Projects- SEMP- which are professionally designed for and relevant to all Australian schools are used in those schools? [More…]
If we were to do so, we would invite constitutional challenge and it would appear that we were endeavouring to acquire land without using the provisions of the Lands Acquisition Act and without making provision for just terms being set down. [More…]
It is because of the threat of constitutional challenge to a provision of that kind in Commonwealth legislation which would be dealing with Queensland Crown land. [More…]
I make the briefest comment: Our objective is to get a law, within the constitutional powers we have, to enable selfmanagement of these Queensland reserves to take effect. [More…]
If we were to proceed with a Bill about which we had doubts as to its constitutional validity, I think we would be further away from our objective. [More…]
by leave- I want to comment briefly about certain matters raised by Senator Haines when she said that the only person who foresaw the problems that can arise in relation to the Senate casual vacancies amendment which was made to the Constitution last year was the South Australian representative of her Party who attended the Constitutional Convention. [More…]
Whilst that may be true of those people who were at the Constitutional Convention, I would draw attention to the fact that members of this chamber very clearly expressed their concern and their reservations in the No case which was published at the time of the referendum last year. [More…]
I wanted to make it quite clear that whilst Senator Haines was talking about the Constitutional Convention, there were others in this chamber who were not at the Convention who had reservations. [More…]
I believe in and support the view that the representatives who are sent to the Constitutional Convention ought to be representatives of the Parliament who are duly elected by both sides of the Parliament to represent our interests in what I believe could become a quite significant quorum and not representatives of the Executive. [More…]
The people of the Northern Territory and the Government of the Northern Territory will welcome the expression of goodwill in this motion in the Senate today, lt is fitting that this momentous milestone in political and constitutional change in the history of the Northern Territory should be marked with a most acceptable gift from Her Majesty Queen Elizabeth and the Federal Parliament. [More…]
I inform the Senate that I have received a letter from the Honourable Senator Reginald Withers resigning as a member of the Commonwealth Parliament delegation to the Constitutional Convention in accordance with the resolution of the Senate of 3 1 May 1978. [More…]
Constitutional and Legal Affairs- Senator Cavanagh, Senator Lewis and Senator 0 ‘Byrne. [More…]
Constitutional and Legal Affairs- Senator Evans. [More…]
Will the Federal Government use its power under the 1967 constitutional amendment to take over the administration and funding of the Aurukun and Mornington Island Aboriginal Communities, in view of: (a) the government’s previous undertaking that the two communities should become self-managing, and that no solution to the management dispute would be imposed if unacceptable to the communities; and (b) the communities’ clearly expressed rejection of the present arrangements, and the Queensland government’s failure to provide genuine self-management. [More…]
I inform the Senate that I have received a letter from the Leader of the Government in the Senate, Senator Carrick, requesting that Senator Chaney be discharged from further attendance on the Senate Standing Committee on Constitutional and Legal Affairs and nominating Senator Hamer to be a member of the Committee. [More…]
That Senator Chaney be discharged from further attendance on the Senate Standing Committee on Constitutional and Legal Affairs and that Senator Hamer, having been duly nominated in accordance with Standing Order 36AA, be appointed a member of that Committee. [More…]
The Standing Committee on Constitutional and Legal Affairs, which looked into this matter, found it to be of considerable importance and a subject in which there was a lot of public interest despite the fact, as Senator Button said on a previous occasion, that it appeared to be a very dull subject. [More…]
What has been said already on this report by the Chairman of the Standing Committee on Constitutional and Legal Affairs, Senator Missen, admirably dealt with the contents of the report. [More…]
I have been advised subsequently that because of the constitutional limitations on amendments to financial Bills- I wondered previously whether this was the case- it is probable that an amendment to delete clause 4 would not be in order because it would entail the expenditure of more money. [More…]
He was trying to say that a member of the Standing Committee on Constitutional and Legal Affairs can have no view of his own. [More…]
Quite clearly, a reasonable analysis of what he said to the Senate is that although he is a member of the Standing Committee on Constitutional and Legal Affairs to which this Bill is being referred his mind has been made up already. [More…]
I inform the Senate that I have received a letter from Senator Robertson resigning his place as a member of the Commonwealth Parliament’s delegation to the Australian Constitutional Convention. [More…]
That Senator Robertson be discharged from the delegation to the Australian Constitutional Convention and that Senator Evans be appointed in his place. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs has recommended the circumstances in which this should happen and I mentioned that in my speech tonight. [More…]
The Constitutional and Legal Affairs Committee recommendations would have been entirely against the course that Senator Georges suggested. [More…]
I inform the Senate that I have received a letter from the Leader of the Government in the Senate, Senator Carrick, nominating Senator Rae to be a member of the Commonwealth Parliamentary Delegation to the Constitutional Convention. [More…]
The nine amending bills are necessary because sales tax is imposed by nine separate acts in order to meet the constitutional requirement that an act imposing taxation shall deal with only one subject of taxation. [More…]
I do not mind whether it is referred to the Constitutional and Legal Affairs Committee, so long as it is referred. [More…]
That the following matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs: [More…]
That the following matters be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
For the information of honourable senators, I lay on the table a document entitled ‘ Resolutions Adopted at the Australian Constitutional Convention, Parliament House, Perth, 26 to 28 July 1 978 ‘. [More…]
Has the Attorney-General consulted with the Queensland Minister for Aboriginal and Islander Advancement regarding the Constitutional and legal propriety of the arrangement. [More…]
That so much of the Standing Orders bc suspended as would prevent Senator Button moving an amendment to the motion for the third reading of the Bills to refer the Bills to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I present a report from the Standing Committee on Constitutional and Legal Affairs on reforming the law. [More…]
Leave out all words after ‘That’, insert the following: ‘the Australian Security Intelligence Organization Bill 1979 be referred to the Senate Standing Commitee on Constitutional and Legal Affairs for inquiry and report’. [More…]
-As Chairman of the Standing Committee on Constitutional and Legal Affairs- the Committee to which it is suggested that such a reference should be sent- I think that I should say, in the shortest possible way, that no suggestion has been put to the Committee that it should accept such a reference. [More…]
That the Australian Security Intelligence Organization Bill 1979 be referred to the Senate Standing Committee on Constitutional and Legal Affairs for inquiry and report to the Senate. [More…]
The point that I was making on petroleum products under the estimates for the Department of Business and Consumer Affairs is that there is no constitutional authority to exercise price control at the Commonwealth level. [More…]
in reply- I understand that Senator Tate was concerned to find out the present position with respect to the report of the Senate Standing Committee on Constitutional and Legal Affairs on the priority of Crown debts. [More…]
The Committee does recommend, however, that the matter of statutory provisions imposing the burden of proof upon defendants in criminal cases be referred to the Standing Committee on Constitutional and Legal Affairs. [More…]
The Standing Committee on Constitutional and Legal Affairs is a Committee of this Senate. [More…]
However, I would mention the point that this Senate ought to consider forwarding the request from the Regulations and Ordinances Committee to the Standing Committee on Constitutional and Legal Affairs and await its report. [More…]
He then mentioned that it was his advice, and the advice of his advisers that the Bill was constitutional. [More…]
I was addressing my remarks to the constitutionality situation in the first instance before I come to the second point, namely, the date on which this Bill will be presented to the GovernorGeneral for his royal assent. [More…]
Mr Justice Kirby said that the legislation was setting out to destroy the independence of the Commission and that as far as he was concerned it was probably unconstitutional. [More…]
Unquestionably, because on one side of the fence the Attorney-General and his advisers are telling the Parliament that their advice is that the Bill is constitutional– [More…]
The Government’s view is that it ought to remain in accordance with the constitutional principles. [More…]
I seek leave to make a statement concerning the report of the Senate Standing Committee on Constitutional and Legal Affairs on the Evidence (Australian Capital Territory) Bill 1972. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: The provision of legal aid services in the Australian Capital Territory. [More…]
On behalf of Senator Durack, I seek leave to make a statement concerning the report of the Senate Standing Committee on Constitutional and Legal Affairs on scrutiny of Bills and delegation of parliamentary authority. [More…]
The arguments against conclusive certificates in fields such as this were set out very persuasively in the report of the Senate’s Constitutional and Legal Affairs Committee on freedom of information. [More…]
During the Parliamentary recess there were Ministerial discussions in Canberra with the Territory Select Committee for Constitutional Development which were helpful to both sides. [More…]
Following the recommendations of the Select Committee on Constitutional Development set up by the first House of Assembly the Papua and New Guinea Act was amended in May 1968 to provide for further constitutional development in Papua and New Guinea. [More…]
Further constitutional changes to be put into effect later this year are now under examination. [More…]
Important or major changes in the constitutional arrangements for Papua and New Guinea of the sort that might be expected to require substantial amendment to the Act should in the Government’s view await consideration by the Territory House of Assembly of the report of the Select Committee on Constitutional Development so that such substantial amendment of the Act would be decided upon in the light of the views of the Territory people. [More…]
Indeed, I think the Parliament had every right to expect that it would be comprehensive because Parliament has not sat, apart from one day which was a constitutional necessity, for approximately 5 months. [More…]
I want to go further and state in the most categorical terms that I believe the present Minister for Primary Industry and his counterparts in the States must share equally a large amount of blame for the problems and the difficulties in which the industry presently finds itself because the Ministers, both Federal and State, although holding the authority - the legislative power, the constitutional power - to take effective action to deal with this problem, did not exercise that power but preferred to say to the industrial organisation: ‘You have a look at this problem. [More…]
The honourable senator has raised a nice point of constitutional argument that we might dispute forever. [More…]
That provided some constitutional sanction for the Commonwealth Government to enter the field and to aid the States in the problems presented by the Aboriginal people in Australia. [More…]
The Minister-in-Charge of Aboriginal Affairs (Mr Wentworth) in another place the other day made the amazing statement that he would do everything he could within the limited constitutional power that he had to see that the interests of Aboriginals were properly preserved. [More…]
That is why we want to give the Commonwealth this temporary authority, but we want it written irrevocably into the constitutional responsibilities of the Commonwealth that we can take action when an emergency such as this arises. [More…]
It would take a long time for competent legal men to argue whether the Commonwealth Government had any constitutional power over Australian coastal waters. [More…]
Constitutional requirements’ meant that it had to be carried by a majority of growers in each of the mainland States before it could be introduced. [More…]
That a Select Committee be appointed to inquire into and report upon the desirability and feasibility of establishing a securities and exchange commission by the Commonwealth either alone or in co-operation with the States and the powers and functions necessary for such a commission to enable it to act speedily and efficiently against manipulation of prices, insider trading and such other improper or injurious practices as the Committee finds have occurred or may occur in relation to shares and other securities of public companies, and to recommend generally in regard to the foregoing such legislative and administrative measures by the Commonwealth as will, having regard to the constitutional division of legislative power in Australia, enable the utmost protection of members of the public and the national interest. [More…]
In my opinion, even with the present limited scope of the companies legislation, there should be established 1 body either under Commonwealth law if this is constitutional or by co-operation of Commonwealth and States, which is certainly constitutional. [More…]
I will not trouble the Senate with the constitutional methods which will no doubt be considered by the committee. [More…]
The committee will consider the constitutional and legislative powers of the Commonwealth. [More…]
Those will be very material matters for any committee to consider as to the appropriateness now of establishing a federal securities and exchange commission, firstly having regard to the constitutional power that derives from our Constitution; secondly, having regard to the opportunities of State authorities who have hitherto administered the company law and under whose general jurisdiction slock exchanges have operated; and thirdly, whether their displacement by a federal commission would have advantages. [More…]
the proliferation of hire purchase companies outside the banking system and the absence of any constitutional control to any major degree - companies able to offer high rates of interest which have attracted the investing public with consequences which in some cases have been disastrous. [More…]
Realising that the contemplated investigation by the committee will be only into the desirability and feasibility of doing certain things relating to the control of share dealings and that the words ‘feasibility’ and desirability’ no doubt bear a connotation which contemplates constitutional ability, political opportunity and desirability in the sense of co-ordination of authorities, the Democratic Labor Party is of the opinion that at this stage such a committee is appropriate. [More…]
The Senate has heard the question raised of a constitutional division of power. [More…]
The motion also provides that the committee should recommend generally in regard to these matters such legislative and administrative measures by the Commonwealth as will, having regard to the constitutional division of legislative power in Australia, enable the utmost protection of members of the public and the national interest. [More…]
Whatever course constitutional change in the Territory may take, the Government proposes to ensure that those expatriate public servants who are working in the Territory under arrangements made by the Government for providing help to the Territory will not have their remuneration or conditions of service changed unless such changes are decided upon or accepted by the Australian Government, the only exception being any changes resulting from proceedings before the Public Service Arbitrator. [More…]
In the United States of America there is not a total exclusion of the conduct of foreign affairs between the President and the Congress because there are inside the Congress, and particularly in the Senate of the United States of America, certain constitutional proprieties which the Senate particularly is charged with observing. [More…]
For example, the Senate in Washington moves into the area of presidential powers by the constitutional propriety which it has to observe with its power over the appointments of ambassadors. [More…]
So the United States Senate has a constitutional entry into the area of foreign affairs and defence through its own placita, if I may use an Australian word in the context of the American Constitution. [More…]
The constitutional changes now proposed are the direct result of your Committee’s Canberra talks and reflect the importance that the Commonwealth Government places on the work of your Committee. [More…]
The Committee is now reviewing the constitutional position that has been reached and will probably propose further talks with the Commonwealth Government later in 1970. [More…]
the need for constitutional reform to ensure that this Council is completely representative of the people of the Territory; [More…]
When we sometimes hear from honourable senators opposite that we should go all the way with LBJ and how we ought to imitate the American alliance, one of the things I do wish they would try to imitate from the United States is the constitutional guarantees to people’s freedom of action and the refusal to smear people which is engaged in by people like Senator Greenwood and Senator Rae. [More…]
Experience in Australia and overseas has shown that drafting abilities are not likely to be developed unless the person concerned has a first-class knowledge of the law; in the Commonwealth field, constitutional law is especially important. [More…]
It is to the great credit of the devoted members of this service that over the years the task has been performed with such considerable success and that the Commonwealth statutes in their drafting are eminent among similar statutes and drafting in all countries which follow the British parliamentary and constitutional system. [More…]
and (3) The Governments of Pakistan, the Republic of Indonesia, the Republic of Viet-Nam and Cambodia were established in accordance with constitutional processes. [More…]
The point was raised by him - if not, 1 apologise to him - and subsequently by somebody else about the constitutional issue and asking whether a subsidy could or could not be granted. [More…]
I am not a constitutional expert. [More…]
Select Committee of both Houses should be appointed to investigate the raising and distribution of revenue, to ensure that the Commonwealth and States be able to discharge properly their Constitutional functions. [More…]
So we suggest that a joint select committee of both Houses should be appointed to investigate the raising and distribution of revenue, to ensure that the Commonwealth and States may be able to discharge properly their constitutional functions, and naturally we suggest that this resolution should be communicated by message to another place with a request that that House agree to the Senate’s proposal. [More…]
So I believe that the idea of having a constitutional inquiry with a notion of changing our constitutional rights will never, or not in our time, be successful. [More…]
That the Senate is of opinion that a Joint Select Committee of both Houses should be appointed to investigate the raising and distribution of revenue, to ensure that the Commonwealth and States be able to discharge properly their constitutional functions. [More…]
Prior to that time there were Roads Boards, but local government was established on a proper constitutional basis in the year 1906 in Tasmania. [More…]
opinion thai a Joint Select Committee of both Houses should be appointed to investigate the raising and distribution of revenue, to ensure thai the Commonweatlh and Slates be able lo discharge properly their constitutional functions. [More…]
I refer to the blue book known as the Report of the Joint Committee of Constitutional Review. [More…]
The Committee prepared a Memorandum of Law entitled, ‘American Policy Vis-a-Vis Vietnam,’ which, as far as we are aware, constituted one of the first scrutinies of the American policy from the viewpoint of its international and constitutional legality. [More…]
That the Senate is of opinion that a Joint Select Committee of both Houses should be appointed to investigate the raising and distribution of revenue, to ensure that the Commonwealth and States be able to discharge properly their constitutional functions. [More…]
Term of reference (a) reads: whether the constitutional conception underlying the legislation is consistent with the proper constitutional responsibilities of the Commonwealth and the Stales. [More…]
Any scheme which has been mooted by the Leader of the Labor Party over the past 12 months and which sought to fix a scale of fees that doctors were to observe would be unconstitutional because it would be an infringement of a constitutional provision. [More…]
The Standing Committee on Constitutional and Legal Affairs; [More…]
All honourable senators have a lot of regard for its provisions because they were handed down during a great constitutional crisis of previous days. [More…]
These provisions will be found in clause 6, which is drafted to give the Corporation both a wide horizon and a firm constitutional base on which to operate. [More…]
Under the division of constitutional responsibilities the assessment, development and control of water resources in the States is primarily a matter for the State Governments, and the programmes of water conservation being undertaken by the States bear ample testimony to their recognition of the need to develop and make available as much water as possible for use in rural areas as well as in towns and cities. [More…]
If that be a real or relevant consideration, it appears to me that neither the Bill nor any clause of it will make constitutional that which, as a matter of power, is unconstitutional. [More…]
He will be concerned as to whether the Corporation is acting within constitutional power, and on that question he will rely upon his lawyers and not upon what appears in the legislation. [More…]
The Standing Committee on Constitutional and Legal Affairs; [More…]
The Standing Committee on Constitutional and Legal Affairs; [More…]
Such Bills might be sent to 2 committees for consideration - the committee concerned with industry and the committee concerned with constitutional and legal matters. [More…]
Constitutional and Home Affairs; the Standing Committee on Health. [More…]
For example, a standing committee on constitutional and legal affairs has been proposed. [More…]
I would suggest that if Senator Murphy’s proposal for a wide ranging standing committee on constitutional and legal affairs were to be accepted- [More…]
This is another exemplar of the unsatisfactory condition which can emerge from day to day, month to month and year to year as the States set about their constitutional task and responsibility of developing the Commonwealth. [More…]
The matter of constitutional authority has also received attention and evidence submitted to the Committee tended to establish that the Commonwealth has, through a coalescence of powers in the fields of taxation, defence, external affairs and other areas, sufficient legislative competence to establish a national approach. [More…]
To put that forthrightly and without qualification would be to take a stand which ignored what are the plain constitutional provisions. [More…]
Professor Geoffrey Sawer, an acknowledged constitutional authority, said the problem could easily be overcome by the Commonwealth’s making a grant for this purpose, it being the chief moneyraising agent in Australia. [More…]
Constitutional issues have called for the proposal as such to be submitted to State governments and to receive their approval. [More…]
Such Bills might be sent to 2 committees for consideration - the committee concerned with industry and the committee concerned with constitutional and legal matters. [More…]
Accordingly, when the High Court decision in the Hamersley case cast doubts on the constitutional validity of the receipts duty legislation of the States in its application to certain types of receipts, the Prime Minister (Mr Gorton) indicated last September that the Commonwealth would see that the States did not lose revenue in 1969-70 in the event that this doubt was confirmed. [More…]
However, to long as I am a member of the Government I am bound by the constitutional principle that the Ministry acts as one unit for the purpose of strong government in putting before the Parliament its final decision. [More…]
When we turn to Senator Keeffe’s proposed amendment we should direct ourselves briefly to the point that is made in the second reading speech to the effect that in the division of constitutional responsibility the assessment, development and control of water resources in the States is primarily a matter for State governments. [More…]
I believe that the success of the Authority is not doubted, but it is doubtful whether, when it delved into further work, that work has been done under constitutional authority. [More…]
The whole trouble seems to be that the Labor Party d’oes not understand that the Slates have a constitutional responsibility. [More…]
But let us look at the constitutional basis on which this situation has arisen. [More…]
It was well recognised by the High Court in 1907 that the Governor of a State carrying out functions such as those which are conferred upon him by section 15 of the Constitution, acts as the constitutional head of the State and can act on the advice of his Ministers. [More…]
The duty therefore is one of the duties which the constitutional head of the State owes to the State, and in the case of the Governor but in a slightly different sense to the sovereign, its performance must be enforced in the manner appropriate to the case of such duties. [More…]
I sense that unless the State of New South Wales is prepared to exercise a power which it could exercise in 1 of 2 ways it should be a matter for consideration by this Senate as to what course it ought to take to ensure that these constitutional provisions are observed. [More…]
The alternative view is to ensure that the purposes of the Constitution are observed by proroguing a Parliament which is simply achieved by proclamation and a constitutional situation, if this be the interpretation which is relied upon, will then operate, lt should be noted that by a curious coincidence of events the current session of the New South Wales Parliament is a session which apparently began in August of last year ami is still continuing. [More…]
Another action might be - and I think again we could do this without any long debate - to refer the matter to one of the proposed new standing committees, perhaps the one that will be dealing with constitutional and legal questions. [More…]
I believe that the Senate’s point of view would be strengthened if it were to point out to the sovereign States that the Senate is a States’ House and part of its constitutional function is to look after the interests of the States. [More…]
I agree that there are different constitutional provisions, and there may be some different problems. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
The Bills are a device to overcome the constitutional stipulation that the States ought not to impose duties of excise, and the Commonwealth should not be lending itself to the imposition of such duties on behalf of the States. [More…]
We understand that the States requested the Commonwealth to levy this receipts tax because, following the Western Australian case that went to the High Court, it was found that the States did not have the constitutional authority to levy the tax. [More…]
My understanding of that proposition was that it was found that the States did not have sufficient constitutional authority to levy a petrol tax, so the Commonwealth took it over and levied it for them. [More…]
The third fact was that under the High Court’s judgment it was quite clear that the Commonwealth had the constitutional power to impose this taxation whereas the States had not. [More…]
If possible and if we are asked, we would be prepared to pass validating legislation to enable the States to continue to do what they have been doing in the way of taxation, if they wish to do it, though we do not know whether that validating legislation itself would in fact be constitutional and would stand up to a challenge. [More…]
Without exaggeration or embellishment it shows on one hand the States faced with the heavy financial obligation to caro’ out their constitutional responsibilities, carrying the whole burden of the national debt, and going further and further into debt while the Commonwealth not only gets out of the debt, but builds up vast interest earning investments, paying all the cost of Government monetary policy of rising interest rates . [More…]
I think I am quite correct when 1 say that the Government has no constitutional authority so to do. [More…]
The Government would be aiming to do something for which there is no constitutional authority. [More…]
I feel that with the present committees, the constitutional committees we have, and the involvement of senators now in the estimates committees and standing committees, senators who are not involved in official work of the Senate - such as Ministers, leaders of the Opposition Parties and the Whips - will not be moving to take part in the committee work. [More…]
It comes to the Committee which then passes it on to a legal adviser who is a constitutional lawyer of very high repute. [More…]
A constitutional issue would be involved in the gathering of the revenue. [More…]
As to the second part of the honourable senator’s question, 1 point out that what the States do in relation to price control is a matter within the constitutional responsibility of the States. [More…]
In this process there was one significant parliamentary and constitutional point that was advanced, maintained and sustained, and that was that the House should refer to its appropriate committee a full examination of the problem that apparently arose and caused the Standing Orders Committee of the House to sit and report. [More…]
Much as we might like to speak of the independence of the Senate, and it is an independent body in a constitutional sense, the actual work flow comes from the other place. [More…]
Partly because the validity of the Trade Practices Tribunal was under constitutional challenge - a challenge that proved to bc unsucessfu - for three-quarters of the year under review in the Commissioner’s third report, there have been no cases argued before the Trade Practices Tribunal so far. [More…]
I remember occasions when the Australian Labor Party in my home State has taken the firmest of stands on the constitutional issue of whether the lower House has not the power to control money matters. [More…]
As the voice of tradition, he strongly attacked the Labor Party’s decision to oppose in the Senate legislation which will give the States their $125m in revenue from the receipt duties tax; it was against constitutional practice and ALP tradition, Mr Calwell told Caucus last week, for an upper house to interfere with a money Bill. [More…]
Some time ago the States of Victoria and Western Australia essayed to secure additional revenue by the imposition of a tax which was subsequently held by the High Court to be beyond their constitutional power. [More…]
For constitutional reasons this tax had to be imposed uniformly in all States, even in those States which had not imposed the tax in that form or at that level. [More…]
In this deceptive, negative document the Government has announced that it is to spend S3 12m on a part of administration which it has no constitutional requirement to finance. [More…]
We have developing in Australia in our constitutional framework a situation which 1 think bodes ill for the nation unless action is taken to consider the stage that we have reached and the remedial action that should be taken. [More…]
I hope that arising from this Budget there will be some further consideration of the position of the States in the light of the Australian constitutional situation, and that sooner rather than later we can have some convention or, if not a convention, some investigation, some inquiry in depth, into whether the existing situation is satisfactory. [More…]
When the Lighthouses Act was first enacted, it relied in the main on the Commonwealth’s .constitutional power in relation to lighthouses, lightships, beacons and buoys. [More…]
The Committee at all times was conscious of the constitutional role of the States in regard to this question and that any attempt to solve the problem in the absence of total co-operation and participation by the States could be doomed to failure. [More…]
Therefore we closely examined what legislative and administrative steps the States were taking in order to handle, within the limits of their constitutional power and financial ability, the problem within the perimeter of the States concerned. [More…]
It can provide within constitutional power many services which will be available to the States not involving the exactions of legal discipline. [More…]
Those things may be done within constitutional power to provide services made available to the States. [More…]
In those other areas where complementary Commonwealth and State action may be required the Committee has visualised that type of approach rather than probing the limits of the constitution to call upon the Commonwealth to exact legal disciplines, perhaps against the will of the States, which may be subject to challenge under constitutional law. [More…]
This whole programme could be doomed to failure if it were to resolve into a constitutional battle between the Commonwealth and the States. [More…]
For Senator Keeffe’s benefit, since these questions were asked I sent for Dr Lane’s book ‘Australian Constitutional Law’ from the Parliamentary Library. [More…]
whether the constitutional conception underlying the legislation is consistent with the proper constitutional responsibilities of the Commonwealth and the States; [More…]
In the knowledge that it has received a considerable volume of evidence relating to the legal, constitutional and practical problems raised by the issue of where legislative authority lies in the Australian federation in respect of the off-shore waters and sea-bed adjacent to Australia, the Committee considers that a report on its first term of reference would assist parliamentary and public appreciation of that issue. [More…]
The Committee therefore has prepared and now presents an interim report on whether the consitutional conception underlying the petroleum submerged lands legislation is consistent wilh the proper constitutional responsibilities of the Commonwealth and the States. [More…]
And whereas the Governments of the Commonwealth and of the States have decided, in the national interest, that, ‘ without raising questions concerning, and without derogating ‘ from, their respective constitutional powers, they should cooperate for the purpose of ensuring the legal effectiveness of authorities to explore for or to exploit the petroleum resources of those submerged lands. [More…]
It cannot be said in the terms of the legal advice which was open to both the States and the Commonwealth in 1962 to 1964 that there was any derogation of the constitutional powers of the Commonwealth and the States in the course they followed. [More…]
The Committee does not accept that on the opinions and arguments available and canvassed from 1962 to 1964 the case for the Commonwealth being able to assert constitutional authority over the continental shelf was unquestionable; nor was the Commonwealth’s case for control over the territorial sea-bed one which it was entitled to assume would be judicially upheld. [More…]
The committee accepts that there was reasonable basis for the Commonwealth and the States to regard the legal uncertainty of their constitutional position as justifying their decision to leave the legal position unresolved. [More…]
The constitutional conception underlying the legislation is inconsistent with what should be the proper constitutional relationship between the Parliament and the executive. [More…]
In the context of broad constitutional responsibilities there is a challenge to the exercise of the functions of Parliament in the conception of uniform legislation drafted by the executive arms of seven Australian Governments being presented to the Parliaments as a fait accompli requiring formal legislative approval. [More…]
This cannot be regarded as strictly inconsistent with the proper constitutional responsibilities’ of the Commonwealth and the Slates as the power always lies with the Parliaments of the Commonwealth and the Slates to reject or amend the legislation. [More…]
The Committee does not regard the legisla tion as being inconsistent with the ‘proper responsibilities’ of the Commonwealth and the States because, as a result of the decision to avoid litigation which would have resolved the matter, it cannot say what is the measure of those proper constitutional responsibilities. [More…]
constitutional grounds, to pay pay-roll tax and also to examine the problems of ownership of coastal mineral and other deposits? [More…]
It will be apparent to honourable senators from my second reading speech that the Government is drawing to its side additional constitutional powers. [More…]
When we speak of international charges we know that companies are involved, but as 1 understand the situation when the constitutional provision speaks of people, although the provision does not specify companies as such, it nevertheless would apply to ail persons who might be engaged in that business. [More…]
The Leader of the Opposition (Senator Murphy) raised an interesting constitutional question. [More…]
As for the constitutional difficulty that may lie in the way of this amendment, I thought of this before proposing the amendment and took some advice upon it. [More…]
We have agreed to refer a consideration of the constitutional and legal position to the Attorney-General. [More…]
The Government sits behind the constitutional aspect of that matter. [More…]
The High Court of Australia has held that, as a matter of constitutional law, laws for the government of a territory can operate wherever territorially the authority of the Commonwealth runs. [More…]
This Agreement will come into force on the date on which the 2 countries notify each other that their respective constitutional and other requirements necessary to give effect to the Agreement have been complied with. [More…]
The principal Act touches on some extremely important aspects of the industry, matters of constitutional development as between the Commonwealth and the States and some other very important considerations of the application of the laws of this Commonwealth to citizens in such a way as to have differing applications in different States or territories. [More…]
There are constitutional limitations on any party seeking to engage in nationalisation. [More…]
The crux of the matter really is that the High Court of Australia has held that, as a matter of constitutional law, the laws for the government of the Territory can operate wherever territorially the authority of the Commonwealth runs. [More…]
The Government bad the Bill, but it said at the time that because of the constitutional doubts about the measure it was necessary for the State parliaments to pass complementary legislation; that is, it was necessary to have similar legislation by the States. [More…]
He would know even better than I that because of constitutional difficulties there is a need for complementary legislation to be passed by the States. [More…]
The classic or ideal time to impose price control was during the war years when the country was in a state of national emergency and the Commonwealth Government had far greater powers without legal and constitutional barriers to overcome. [More…]
The Federal Government has no constitutional power to impose price control. [More…]
Such a power has never been envisaged for the Commission and, in any event, the Commonwealth Government could not, for Constitutional reasons, confer it on the Commission without the approval of the States. [More…]
I do not know whether the constitutional lawyers would have a harvest on this but I invite honourable senators to look at 1 reference in the second reading speech of the Minister for Supply (Senator Sir Kenneth Anderson). [More…]
There is a constitutional reason why the matter has to be presented in that form. [More…]
The purpose of the clause is to put right at the forefront of the statute a statement of the objects of this Parliament so as to make the general Act and its objectives conform to the constitutional powers of this Parliament. [More…]
The purpose of clause 4 is to confine the objects of the Act to our constitutional power. [More…]
It is quite important that we should express our statutes so as to conform with the constitutional limitations. [More…]
Clause 4, therefore, is an expression introduced by the Draftsman as to the objects of the Act so as to ensure that the courts will not interpret the Act as an attempt to go beyond the proper constitutional powers that this Parliament has, those powers not enabling us in any way to regulate, prohibit or promote the manufacture of wool within Australia, but being limited to trade and commerce in wool among the Slates and overseas. [More…]
Therefore we limit the objects of the Act to that particular constitutional purpose but, of course, indicate under paragraph (g) that it is a function of the Commission, if it thinks it is advantageous to the trade and commerce of wool overseas, to process it in any form that makes it more advantageous to market. [More…]
The purpose of this Bill is to meetthe constitutional position disclosed by the decision of the High Court of Australia given last June in Worthing v. Rowell and Muston Pty Ltd and Others. [More…]
Some exceptions must be made for constitutional reasons to the application of State provisions as they stand. [More…]
The second was with a number of Australian and Territory lawyers during the recent Constitutional Seminar in Port Moresby. [More…]
The whole pattern of what has been happening in the area of constitutional development in the Territory this year has been to give to the House of Assembly and to the Administrator’s Executive Council an effective self-government. [More…]
The service required of national servicemen is as provided for in the relevant provisions of the Defence Act and the National Service Act; there are no constitutional difficulties. [More…]
I refer to the constitutional provisions which require action to be taken by the Government of New South Wales to replace a senator in the case of a casual vacancy occurring. [More…]
Thirdly, will he assure the Senate that the case concerning the validity of the Trade Practices Act which is going on appeal to the High Court of Australia will be pursued with all expedition by the Government and not left, as have some other constitutional cases concerning important interests, to linger on? [More…]
In each session the House of Assembly has appointed a Select Committee on Constitutional Development. [More…]
The Select Committee on Constitutional Development has been in operation since June 1969. [More…]
The House of Assembly has received an interim report from its Select Committee on Constitutional Development. [More…]
This House directs the Select Committee On Constitutional Development to tour the entire Territory again seeking the true consensus of opinion of people of the Territory on vital issues, especially that of self government, before it tables any further reports of constitutional development in this House, and further that this tour should be undertaken early in 1971, and further (hat any future transfers of power or constitutional changes, whether requiring amendments to the Papua and New Guinea Act or not, will be unacceptable to the House unless such changes have been agreed to by a majority of members of this House. [More…]
On his last trip to the Territory Mr Whitlam had a conference with members of the Select Committee on Constitutional Development. [More…]
- The Federal Opposition Leader (Mr Whitlam) told Papua-New Guinea’s select committee on constitutional development last night that a Labor Government would not necessarily accept its findings. [More…]
They have a .second opportunity of expressing their’ will through the Select Committee on Constitutional Development, which has been for many months visiting .every village and hamlet throughout the Territory of Papua and New Guinea to ascertain’ the wishes and will of the people. [More…]
Mr Whitlam is recorded as having said that a Labor government would not necessarily accept the findings of the Select Committee on Constitutional Development. [More…]
Mr Paulus Arek, who is Chairman of the Select Committee on Constitutional Development, apparently has some fears, and very rightly so. [More…]
Yet we hear the catch cry of old colonialism,imputing that we are not advancing the constitutional structure and the economic well-being of this area to the great advan.tage of the local inhabitants. [More…]
Indeed, the chairman of the Select Committee on Constitutional Development made a report to the Parliament of New Guinea a few months ago to the effect that in the opinion of the Committee the majority of the peoples of Papua and New Guinea did not wish them to accept independence. [More…]
Stalin accepted no constitutional or legal restraints, and had every instrument of despotism in his hands. [More…]
At the moment there are some constitutional problems,, but the Prime Minister has stated clearly that if the Commonwealth is found not to have the constitutional power he is prepared to seek that power. [More…]
But, on consideration of the President’s report, the Senate might well decide that the viability of that Committee should not receive thai type of priority but that the Standing Committee on Constitutional and Legal Affairs or some other committee should be the next to be established. [More…]
That is the constitutional provision. [More…]
In view of the cardinal importance to the community of a properly paid and efficient police force, will the Minister consult with the Victorian Government and perhaps consider action under section 96 or whatever may be the correct constitutional provision to enable the emergency to be met? [More…]
The Standing Committee on Constitutional and Legal Affairs; [More…]
I can see strong reasons why - apart from the two that have been suggested, which are important, and I do not detract in any way from their importance - we could do with a committee on constitutional and legal affairs. [More…]
If it is a legal matter, let us send h to the Standing Committee on Constitutional and Legal Affairs. [More…]
I suggest that it is a great falling down by the Senate in the performance of its plain duties and in the carrying out of its constitutional role if, at this time when all the States are clamouring that they are suffering injustice, there is no action by the Senate to inquire into that subject matter. [More…]
There is not much more I want to say, but I think I should refer to Senator Murphy’s comment on the establishment of the Standing Committee on Constitutional and Legal Affairs. [More…]
Therefore, honourable senators will find that if we were to establish a Constitutional and Legal Affairs Committee those who most appropriately would bc appointed lo it and would gravitate towards it are already extremely heavily are also on other committees? [More…]
Senator Murphy particularly developed an argument about the Constitutional and Legal Affairs Committee and he spoke about the lawyers attending it. [More…]
We recognise the constitutional necessity for a rearrangement of Ministerial positions. [More…]
Without canvassing whether it is because of a constitutional argument or point of view which apparently does not apply in all of the States, 1 point out that 1 have heard that the 2 Houses of the Parliament of the State of New South Wales, meeting tomorrow at some time after 4 o’clock - at 4.40 p.m. or something of that order - will appoint a replacement senator. [More…]
Adequate constitutional powers for such an effort are already available to the States and the Commonwealth. [More…]
We even went so far as to refer to the matter of constitutional authority, because in our view this was a very important issue. [More…]
Of the 7 committees in the system which we have proposed, the most appropriate might have been the Standing Committee on Social Environment or the Standing Committee on Constitutional and Legal Affairs. [More…]
Australia continues to regard Britain as exercising legal and constitutional responsibilities for the people of Southern Rhodesia. [More…]
Finally, unlike Rhodesia, South Africa is an internationally recognised sovereign State which achieved independence by constitutional means. [More…]
That is the Commonwealth’s view as well as the constitutional position. [More…]
The Attorney-General of South Australia gave Crown law opinion that there is a constitutional obligation for the States to carry out the punishment inflicted by a court for breaches of Federal law. [More…]
If there is a Commonwealth obligation I suggest that the responsibility should be thrown on to the Commonwealth Government to take legal action through the High Court for a writ compelling the South Australian Government to honour its constitutional obligation. [More…]
I think I should point out that the Australian Medical Association and the doctors who accept the advice of that Association have a legal and constitutional right if they choose to exercise it to assert whatever their fees will be. [More…]
Among other things, constitutional considerations would be involved in any move by the Commonwealth for such control. [More…]
The decision of that great constitutional authority was that the State law in respect to compensation did not run on Commonwealth territory. [More…]
But if the Government sincerely held this view it would have directed its attention to one of the most glaring gaps in our legal structure - namely, the absence of any constitutional guarantee of the right of freedom of speech of peaceful assembly. [More…]
is always assumed that we have these rights, but the fact is that there is no law and ho constitutional guarantee that we have a right of freedom of speech and a peaceful assembly. [More…]
It seems to me that the main theme of the speeches made by members of the Opposition has been the argument that there is a need for some constitutional guarantee of right of assembly and that in some way that right of assembly is being restricted or diminished by the Bill. [More…]
I ask, by way of rhetorical question: Why should there be any constitutional guarantee on the right of assembly? [More…]
Let us not take too much time considering whether there should be some constitutional guarantee. [More…]
But if we proceed from that basis, again I ask: Why do we need a Bill of rights; why do we need some constitutional guarantee; what are the existing problems which have to be overcome? [More…]
He said that the mere statement of constitutional guarantees is not necessarily successful. [More…]
I am not sure about the constitutional aspect. [More…]
The idea that a vote of a certain amount for an item of work or service imposes upon the Executive an obligation to spend that amount of money is unique in constitutional experience that has come to my knowledge, and I challenge any honourable senator to provide a precedent for it. [More…]
Then, at the time of the next Budget, if the Government is to be castigated on political grounds, not on constitutional or legal grounds, let us hear any arguments on whether there has been a default in duty on the part of the Government in not spending the whole $10m on the earthworks dam and reducing expenditure on it to $8m. [More…]
The idea that there is anything illegal or unconstitutional in underspending an appropriation is fantastic. [More…]
This is a clear statement by the Commonwealth Parliament that it is a coastal state which has constitutional rights over the area of the continental shelf. [More…]
They draw their financial resources from their own capacity to strike a rate and equally, because of responsibility under constitutional provisions, from State governments. [More…]
I invite the Minister’s attention to the fact that, if private legal practitioners are being consulted by this Department - I have no doubt that they are - the Depart* ment has been waiting for some considerable time for information from the crown law officers as to the constitutional ability of the Department to carry out certain functions. [More…]
I suggest that if an amount of $322,000- that will be $332,000 if this vote is passed - is to be expended on legal expenses, perhaps some outside people could be used to advise the Department on its constitutional problems and so have them settled, because some of the questions have been before the AttorneyGeneral’s Department for more than 2 years without an answer being supplied. [More…]
These Assistant Ministers - I use that term to describe all the persons I have just referred to - are not Ministers of State in the strict constitutional sense: the Queen’s Ministers of State are, under section 64 of the Constitution, only those members of the Executive Council who are appointed to administer Departments of State. [More…]
Because they are not Ministers of State in the constitutional sense, section 44 of the Constitution precludes the payment of any salary to Assistant Ministers in respect of their duties. [More…]
When those who aTe interested in the law look at the constitutional law in the great collection of United States law, the corpus juris secundum, it states: [More…]
But I repeat that the essential part of his judgment was the reference to the constitutional right to freedom of assembly. [More…]
Mr Deputy President, has Senator Wright some special constitutional or other privilege which enables him to go on in this fashion, distracting me while I am addressing the chamber? [More…]
As there is no provision in the States Grants Act 1970 to permit deductions to be made from the grants where a State, or its authorities, do not pay payroll tax, it is necessary to include such a provision in order to meet the possibility that the High Court will uphold the challenge by Victoria and South Australia to the constitutional validity of payroll tax in its application to State governments. [More…]
The purpose of this Bill is to give effect to certain recommendations made by the Papua New Guinea House of Assembly Select Committee on Constitutional Development and agreed to by that House. [More…]
The Minister indicated that the constitutional basis for the last Bill before the Senate was the interstate trade and commerce clause of the Constitution. [More…]
In the Senate he has served on the Committee of Disputed Returns and Qualifications, the Joint Committee on Constitutional Review and the House Committee. [More…]
Part of our report went to the very complex question of the dual responsibility of the Commonwealth and the States in this area of environmental control, that is, the administrative difficulties and more particularly the constitutional difficulties. [More…]
The head of a conservation authority - I think a voluntary body - pointed out that because of constitutional difficulties the control of the waters of the Darling flowing from one Slate to another was beyond the constitutional ability of either of the States involved and would require attention by some authority beyond the individual States. [More…]
If they wish to debate the parliamentary system in the House of Representatives they can do so, but it is a function and a responsibility of a senator standing in his place here, in the division of constitutional responsibilities which clearly exists between the Senate and the House of Representatives, as Senator Byrne has mentioned, to ensure that at least some expression of opinion about these Ministers of State should be adduced here in the Senate, and I propose to do so. [More…]
It is accepted in the United Kingdom because the Crown performs a positive role in the constitutional procedures in the United Kingdom. [More…]
It is not the Crown which is involved in constitutional government in Australia today, as it is historically understood in the United Kingdom at present. [More…]
We have an untramelled uncontrolled power in the House of Representatives which is not subject to any control except by electoral devices and, with some constitutional powers, it is able to control the electoral devices. [More…]
I have no objection to supporting this Bill because it is a Bill that originates in the House of Government and if this is the path upon which the House of Government, the House of Representatives, embarks and wishes to proceed, it is all the more important that the Senate which is, I believe, the repository of constitutional power in Australia, should make its views known. [More…]
I make my views known as a senator who understands that the constitutional proprietories of this country can only be maintained by the Senate since the House of Representatives has abdicated its responsibilities because it has not clearly discerned the path upon which it has embarked and has lent itself to the process by which it can achieve this marriage between the central bureaucracy and the Parliament. [More…]
Having said that, I shall conclude on what I believe to be an elementary lesson in constitutional propriety as to the function of government of Australia today, namely, that there is in reality no existence of the Crown as we have historically understood it. [More…]
I thank Senator Sir Magnus Cormack for his tremendous knowledge of the history of the constitutional position which he has been outlining to us. [More…]
I am no constitutional lawyer, as are distinguished members of the Government, but it is my belief, for what it is worth as a small suburban lawyer, that that clause is invalid because it is in breach of section 96 of the Constitution. [More…]
Whilst I still have the doubts which I expressed this afternoon in regard to the constitutional aspects of clause 5, it is my intention to support this clause and the Bill. [More…]
Also I think a statement in the ‘Sydney Morning Herald’ questioned whether this Committee is acting within its constitutional rights and whether the Commonwealth Parliament does have a control over the stock exchanges. [More…]
One of the problems which has beset it for 5 years has been the uncertainty as to the constitutional position, and we hope that a great deal of clarity will come into the constitutional field when the High Court delivers its pending judgment - we hope in the very near future. [More…]
Is there any constitutional impediment to the introduction of a Bill to make it compulsory that at least SO per cent to 90 per cent of every Ministry be elected by its parliamentary members? [More…]
Aborigines and the Arts the matters which have been raised by the honourable senator; but I will do so stating now for the information of the honourable senator that the executive role of the Commonwealth in this area is limited very much by its constitutional powers. [More…]
The developing practice of using industrial Trade Union organisations to effect purposes of a political character, not designed to or having the effect of improvingthe industrial conditions of the members of these organisations and not directly and immediately related to industrial issues but for the purpose of affecting political decisions, properly resting within the Constitutional power of the Commonwealth through its elected Parliament and its instrumentalities and thus usurping the functions of Government. [More…]
Clearly, then, political stoppages and bans of the kind I mentioned amount to trade unions and their officials attempting to ursurp or impede the constitutional powers of this Parliament. [More…]
Political disputes, disputes against the civil law, or disputes against international law are quite beyond the range of the constitutional power of this Parliament or the arbitration court and quite beyond the range of any purpose for which industrial organisations were set up. [More…]
The developing practice of using industrial Trade Union organisations to effect purposes of a political character, not designed to or having the effect of improving the industrial conditions of the members of these organisations and not directly and immediately related to industrial issues but for the purpose of effecting political decisions, properly resting within the Constitutional power of the Commonwealth through its elected Parliament and its instrumentalities and thus usurping the functions of Government. [More…]
There is no constitutional requirement for the Commonwealth Government to submit this matter to the Houses of Parliament by way of a Bill. [More…]
I cannot think of any obvious constitutional difficulty in appointing some of those persons to constitute a parole board for Commonwealth purposes. [More…]
The issue of whether Assistant Ministers should be appointed raises some important constitutional questions. [More…]
The then Speaker of the House of Representatives took the view that it was not proper - meaning that it was not constitutional - that Parliamentary UnderSecretaries be appointed. [More…]
Can you inform the House, Mr Speaker, of the authorities, constitutional or parliamentary, that you consulted to find support for the opinion stated by you in this House about the status of Under-Secretaries? [More…]
Apart altogether from the constitutional question as to whether such a position would conflict with the Constitution in the sense that a person who becomes an Assistant Minister would vacate his office, the Opposition disapproves of the appointment of Assistant Ministers. [More…]
I think that the appropriate course would be to have the constitutional question decided separately. [More…]
It will not accept it because in the view upon which the” Government has acted it is unnecessary to refer this constitutional question as posed by Senator Murphy for inquiry by any body. [More…]
I would have thought that where a senator’s constitutional right to sit in this chamber is conferred by the Constitution, the High Court is the appropriate body charged by the Constitution with the duties of interpretation. [More…]
Although he has posed the existence of a constitutional problem, I feel that it is a constitutional problem without any weight. [More…]
It has been posed by Senator Murphy without, I would suggest, due regard to what his leader said in the House of Representatives and in the face of overwhelming opinion that there is no constitutional problem with regard to the appointment of Assistant Ministers, parliamentary under-secretaries, parliamentary private secretaries - whatever they may be called - to whom no emoluments are paid. [More…]
The then Prime Minister, Sir Robert Menzies, subsequently made a ministerial statement - on 27th August 1952 - in which he made it quite clear that there was no problem in terms of constitutional propriety in regard to the appointment of Assistant Ministers. [More…]
My’ colleague, the Treasurer (Sir Arthur Fadden), has already stated to the House the view of the AttorneyGeneral (Senator Spicer), who has advised that in his clear opinion a parliamentary under-secretary does not in law hold an office at all, still less an office of profit under the Crown, and that his appointment is in all respects constitutional. [More…]
The then Attorney-General, Senator Spicer, and Sir Robert Menzies both expressed a clear view that there is no constitutional impropriety. [More…]
Therefore, why should there be any question of constitutional impropriety in the case of Assistant Ministers who receive no salary or emolument but simply receive only out-of-pocket expenses? [More…]
At page 440 of Hansard of the House of Representatives for last Friday Mr Hughes, the honourable member for Berowra and former Attorney-General, is reported to have said: there arises no doubt in my mind as to the perfect constitutional propriety of this proposal. [More…]
It is years since I looked at this matter on the Constitutional Review Committee. [More…]
Where then is this constitutional impropriety? [More…]
Mr Whitlam gave a positive indication that as far as the constitutional proprieties were concerned and the righteousness or otherwise of appointing Assistant Ministers, all that the members of the Labor Party were concerned to do was to get a little bit of assistance for themselves. [More…]
I do not wish to enter in great detail into the constitutional problems. [More…]
I am disturbed that there is a constitutional doubt and I would like to see it resolved, beyond any reasonable doubt. [More…]
The Attorney-General does not seem to think that there is any constitutional doubt. [More…]
I am not going to debate the constitutional validity of the appointment of Assistant Ministers. [More…]
The Committee may be able to clear up beyond all possible doubt the constitutional question. [More…]
It may satisfy the Senate that there is no constitutional doubt at all as to the validity of these appointments. [More…]
I leave the constitutional position on that basis. [More…]
I sum up by saying that I believe that what is proposed leaves room for a constitutional doubt. [More…]
On the one hand we have the constitutional aspects of the appointment of Assistant Ministers, and on the other hand we have the practical needs for the appointment of Assistant Ministers. [More…]
Both this afternoon and on Tuesday evening Senator Willesee referred to what he described as constitutional doubts in respect of the appointment of Assistant Ministers. [More…]
As far back as 1952 one of the most eminent constitutional lawyers of the land, Sir Robert Menzies, the then Prime Minister, backed by his eminent advisers of those days, said that there was no constitutional bar to the appointment of Assistant Ministers. [More…]
The Attorney-General (Senator Greenwood) said here on Tuesday that the need for a reference to any body or authority as to the constitutional propriety of establishing the office of Assistant Minister was non-existent. [More…]
So we have a wealth of eminent constitutional lawyers who say there is no doubt on this matter. [More…]
So from the point of view of constitutional correctness I have no doubt about the appointments. [More…]
The Opposition has raised constitutional aspects about the appointment of Assistant Ministers. [More…]
who has advised that in his clear opinion a Parliamentary Under-Secretary does not in law hold an office at all, still less an office of profit under the Crown, and that his appointment is in all respects constitutional.. With this opinion I entirely agree. [More…]
It has been said that there is no constitutional doubt about the ability of the Prime Minister to appoint Assistant Ministers. [More…]
In my view - and I think in the view of certain members on the Government side - there is a constitutional doubt as to whether he can appoint Assistant Ministers. [More…]
If the Government appoints Ministers and Assistant Ministers whenever it feels like doing so, without constitutional authority, it will be doing exactly what the editorial in today’s newspaper stated. [More…]
Speaking on the constitutional aspect of the amendment and as one who was here when Assistant Ministers were appointed quite some years ago - I rely on my memory - I feel that the constitutional aspect was adequately cleared up at that time. [More…]
To fill these gaps, and as an interim or holding measure, the Government proposes to introduce legislation to overcome the constitutional defects that were found to exist in the present Act. [More…]
This holding legislation will be substantially the same as the existing Trade Practices Act save for the amendments required by a consideration of the constitutional defects attributed to it by the High Court’s judgment and the availability of the corporations power contained in section 51 (xx) of the Constitution. [More…]
For far too long there has been this no-man’s land in the law, in relation to which it has been said that however important legislation of an economic and social character might be, or however desirable it is in the public interest, it was not possible for it to be enacted by this Commonwealth Parliament because of constitutional difficulties. [More…]
To a very great extent those constitutional difficulties have now been clarified and it is apparent that there is a great sphere for action by the Commonwealth Parliament. [More…]
The judgment has opened up tremendous constitutional vistas which no doubt will be exploited - certainly explored - in the years that are to come. [More…]
This is an historic judgment - because it sets out the principle which is to be followed by courts in opening these new constitutional horizons. [More…]
The method of constitutional interpretation is the same as that with which we have been long familiar with the common law. [More…]
But that is a very different thing from setting out to decide at one blow the full ambit of a constitutional power. [More…]
How that will be used is now only a matter of speculation, but I do think that the Senate can come to the conclusion that the judgment opens a new era in Australian consti tutional history, perhaps-in Australian constitutional relations - between the Commonwealth and the States, and as to the possibilities that now present themselves for the development of this nation. [More…]
But as we move further from the time of the actual setting down of the Constitution, and as there is a consistent and persistent refusal to re-look at the Constitution by way of referenda or constitutional amendment of some kind or another, more and more the area of power is moving from this Parliament into judicial tribunals, and it was left to the High Court to make this very big advance for Australia. [More…]
Therefore in my view this highlights the need for the Constitutional Review Committee to be reactivated and for the recommendations of that Committee to find at least discussion and perhaps acceptance in the Parliament of the Commonwealth. [More…]
I do not think it is a good thing that such powers should be left to reside in the High Court due to the failure of the other constitutional processes to operate and give viability to the Constitution. [More…]
The Concrete Pipes case is a landmark in legal and constitutional history, and I know that the lawyers will be fascinated to see how much more power the Commonwealth has. [More…]
That Parliament, in the time I served in it, had not come to terms in any way with the reforms that obviously 8 September 1971 are required in a parliament in this day and age in order to make it a meaningful institution and to enable it to perform the constitutional and historic role it has evolved. [More…]
I wish to refer to some of the events which have occurred in the last few days and which are a clear indication of where the Government has fallen down and of the inability of senior Ministers to uphold the constitutional rights of this country. [More…]
Can the Minister for Civil Aviation inform the Parliament whether it is a fact that the 2 major Australian airlines persist with parallel timetables because neither the Department of Civil Aviation nor the Government has constitutional or legal power to compel the airlines to alter their timetables? [More…]
We do not have the constitutional power for price fixing. [More…]
I would have thought that anybody seriously approaching the question of the recommendations made by the Senate Committee would be concerned to ascertain whether or not the Committee’s suggestions in relation to this matter* were valid under constitutional law. [More…]
ls that an opinion of the Commonwealth’s legal advisers or is that an assumption based upon some consideration which has not extended to the same sort of consideration as was given, for instance, by the Senate Committee which had evidence before it from top constitutional lawyers in Australia whose views were taken into account at the time those recommendations were made. [More…]
The Budget has a total expenditure of just under $9,000m, of which just under $3,000m is allocated to the States for the performance by them of their constitutional functions. [More…]
Notwithstanding the concern of the States at this developing situation the High Court, on the occasion on which resort has been made to it, has clearly indicated the constitutional validity of the Commonwealth’s superior position. [More…]
The issue which was litigated before the Supreme Court did not relate to Commonwealth constitutional power but to the powers of the Northern Territory Legislative Council. [More…]
1 received applications from a number of people; those applications were referred to the Governor-General, and the GovernorGeneral, acting in accordance with constitutional propriety, declined to order the release of the persons concerned. [More…]
I am sure that the honourable senator is aware of the constitutional position in this country, namely, that the decisions made by the Governor-General are made on the advice of his Ministers. [More…]
Further, has the Minister read Mr Dawson’s opinion that this is, for constitutional reasons, a problem which is probably more appropriately the responsibility of the Commonwealth than of the States? [More…]
Leave out all words after ‘That’, and insert: the Bill be referred to the Standing Committee on Legal and Constitutional Affairs for inquiry and report as soon as possible after the appointment of members of the Committee. [More…]
The significance of the transfer to the States is that they do have within their constitutional authority this growth tax which they may now levy. [More…]
I believe that there would be some constitutional problems in having a differential excise rate operating in Australia as between one State and another. [More…]
That the following legislative and general purpose standing committees appointed by the Senate on 11th June 1970, be fully establishedForeign Affairs and Defence; Constitutional and Legal Affairs; and Finance and Government Operations. [More…]
It is a difficult matter, because we are not only confronted with a novel situation but we are also in this whole area affected by the constitutional problems of divided control. [More…]
But this is the constitutional position. [More…]
I rise to say a few words on this subject, not so much because I wish to support Senator Cant in his application to the Attorney-General (Senator Greenwood) to have this matter removed into the High Court for a determination of the legal problem that it presents - I agree entirely that it does raise in a very real way some of the grave constitutional problems that are facing the Federal and State governments in relation to the control of the seabed and all that that entails - but because I believe that this matter raises another problem altogether. [More…]
I believe that a good deal of the neglect of this problem is because there have been doubts about the constitutional power of the State Government. [More…]
1 take this opportunity, as the matter has been raised tonight, to draw the Commonwealth Government’s attention to this problem, not only from the legal and constitutional point of view but also from the point of view of the need for adequate protection of these wrecks. [More…]
But the constitutional difficulties so bedevilled all those who worked in the field, and the mainland States showed insufficient interest to underpin an export scheme, that a little more than 3 or 4 years ago purposeful units of the Tasmanian industry waited upon the Department of Primary Industry and received great assistance from the then Secretary, Mr Maiden, whose contribution to the origin of this scheme I acknowledge tonight. [More…]
I acknowledge too the untiring work, over the years that have intervened, of the Tasmanian State Fruit Board; the members of the Australian Apple and Pear Board; the most earnest and skilful officers of the Department of Primary Industry and the untiring efforts of my colleagues, first, Sir John McEwen, then Mr Anthony and now Mr Sinclair, which have resulted in the stabilisation scheme now before us which has surmounted all the constitutional difficulties that bedevilled us for 15 years - the uniformity required by the Constitution for bounties; the non-discrimination between trade benefits required by the Constitution, and the offsetting of section 92 which in this case docs not really offer any obstacle when the exporting States are Tasmania and Western Australia. [More…]
That the Death Penalty Abolition Bill 1970 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible after the appointment of the members of the Committee. [More…]
Towards the conclusion of the lime allotted for the discussion of the Bill I sought leave to have it referred to the Standing Committee on Constitutional and Legal Affairs, which is one of the standing committees of the Senate, with a view to having that Committee inquire into the Bill and report to the Senate as soon as possible. [More…]
That the Death Penally Abolition Bill 1970 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible after the appointment of the members of the Committee. [More…]
I think it should also be indicated that in the intervening period the membership of the Standing Committee on Constitutional and Legal Affairs has been constituted and there is now a committee to which this measure could bc referred. [More…]
Tonight we heard the AttorneyGeneral saying that the Bill should be sent to the Standing Committee on Constitutional and Legal Affairs. [More…]
Since that time the remainder of these standing committees, including this one on constitutional and legal affairs, have been set up. [More…]
I suggest that, as with other Bills, this Bill ought to pass the second reading stage and then go to the Committee stage, whether it be dealt with by the Committee of the Whole or by the Standing Committee on Constitutional and Legal Affairs. [More…]
That the Death Penalty Abolition Bill 1970 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible. [More…]
Senator Murphy has moved an amendment to Senator Greenwood’s motion that the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The purpose of the Bill is to overcome the constitutional defects that were found to exist in the Trade Practices Act in that case. [More…]
In my statement of 7 th September I pointed out that the High Court had held that, due to the way in which the Trade Practices Act sought to use all the constitutional powers believed to be available to sustain the legislation, it was open to legal objection. [More…]
Apart from minor drafting changes, and the inclusion of some transitional provisions, the provisions of the Bill differ from the existing Act only to the extent that is necessary to remedy the constitutional defects. [More…]
The Bill accordingly authorises the Commissioner to retain documents he has obtained from other persons so long as the documents can be related to a relevant head of constitutional power. [More…]
It would not be appropriate for me to express a view on the constitutional power of the Commonwealth Parliament. [More…]
What is the constitutional position regarding votes taken in that body of countries failing to meet their membership obligations? [More…]
With regard to the constitutional position, while membership was retained a member whose subscriptions were in default would not be disqualified from voting. [More…]
While an answer to a question without notice is not the occasion on which to express an opinion on legal or constitutional issues, it does appear to me that the honourable senator’s suggestion of a lower rate of duty on aviation fuel used on flights to and from Tasmania would constitute discrimination between the States on a law relating to taxation, lt would therefore be beyond the Commonwealth’s powers. [More…]
I am also conscious of the constitutional limitations in Australia. [More…]
By passage of a motion to refer the Death Penalty Abolition Bill to the Standing Committee on Constitutional and Legal Affairs, the Government avoided an expression of opinion by the Senate on that matter. [More…]
Senator Greenwood said that this Bill is being introduced to meet the constitutional requirements following the High Court judgment in the concrete pipes cases. [More…]
On this matter, Mr Connor, my colleague in the other place, has Observed that the portion of the old Trade Practices Act of undoubted constitutional validity - perhaps 1 should not say ‘of undoubted constitutional validity’ in view of the remarks of one of the learned judges of the High Court; I might observe that they were of generally undoubted constitutional validity - related to overseas shipping conferences and their agreements with Australian exporters. [More…]
This Bill, as stated by the AttorneyGeneral (Senator Greenwood) and as has been adverted to by other honourable senators, is merely a holding measure made necessary by the application of the High Court to the previous Act in which the High Court discovered constitutional informalities which make the passage of this Bill necessary. [More…]
We regret that its predecessor was found vulnerable to constitutional legal challenge. [More…]
I think it would be agreed among them that the decision of the High Court was expected by lawyers throughout the community who had had anything to do with constitutional problems over the years. [More…]
We have had, of course, 2 constitutional challenges, and while those challenges were proceeding the work of the Commissioner was inhibited. [More…]
If what the Attorney-General says is so, my feeling is that we ought to delete the clause from the Bill because the High Court has said that the Australian Industries Preservation Act is a valid Act, that it is within the scope of the constitutional power and that it is an Act that contained wise provisons that, in later times, seemed to have given some promise of protection to the public against various restrictive practices. [More…]
It is within the constitutional power of the Commonwealth and it is directed right on this subject. [More…]
I do not think it is satisfactory that judges should be used for this task, irrespective of the strict constitutional position. [More…]
This is a subject which has been raised as a matter of strict constitutional propriety before the High Court of Australia. [More…]
This immediately raises a question as to whether or not there might not be some constitutional doubt as to its efficacy. [More…]
If as the Attorney-General has suggested, without touching the substance of dealing with monopolisation or predatory price fixing, some alteration of the verbiage would make him happier about conforming with any constitutional requirements, I am sure that the committee could attend to this before the conclusion of the matter or it could be dealt with elsewhere, now that the principle has been established. [More…]
That process has not been available in other company cases because of the limitations of constitutional power. [More…]
With the re-interpretation of the corporation power, as given by the High Court in the concrete pipes case decision, there is now possibly a vast constitutional field available to the Commonwealth Government which has not been explored. [More…]
But the matter would not remain there because it would become a major matter in the constitutional situation. [More…]
This raises a very great constitutional issue. [More…]
It is the constitutional issue - I use the word ‘constitutional’ in the broad sense - of whether the law should be applicable to every one, whether it should be able to be set in motion by everyone or whether it could be instituted and set in motion only by the Government. [More…]
I realise that this House of the Parliament cannot propose such an amendment because of the constitutional position, but it can make a request to the other House to amend the Bills accordingly. [More…]
What is now needed is a new code of family law created by a combined effort of the States and Commonwealth so that within the constitutional powers of the latter, a new divorce and marriage code may be created, drafted in the context of the new provisions on the subjects within the State sphere, which could be enacted as uniform legislation by the several States. [More…]
This has been a sensitive field in the operation of Commonwealth constitutional law in the conferring of power on other judicial bodies and it is one which has come under constant judicial scrutiny. [More…]
I think that is to observe the constitutional requirement. [More…]
The Minister (for External Territories) noted the views of the group and it was agreed that this was a matter for a select committee on constitutional development of the next House.’ [More…]
What is the constitutional position regarding votes taken in that body of countries failing to meet their membership obligations? [More…]
The Senate Standing Committee on Constitutional and Legal Affairs has before it a reference for the abolition of the death penalty. [More…]
The ANZUS Treaty, as honourable members will know, provides that in the event of an armed attack on any one of them or on their forces in the Pacific area, the United States, Australia and New Zealand would each act to meet the common danger in accordance with its constitutional processes. [More…]
Inherently the States themselves have the constitutional responsibility for local government. [More…]
Anybody in the Commonwealth field who suggested that the Slates should move away from their constitutional responsibilities for local government would not last very long in national politics. [More…]
This constitutional question has been raised in this community before and a lot of people have threatened to get legal advice. [More…]
If accepted, it would involve a complete alteration of the basis of Federal and State constitutional responsibilities, an important unit of which for the States is that they retain the predominant responsibility and therefore authority with regard to State universities. [More…]
Then I need not argue the proposition any longer because it is only because of that grudging agreement to the now express policy of the Australian Labor Party to give some financial support to independent schools that it occurred to Senator Wheeldon to waft in this fantastic feathery notion that any constitutional doubt is raised by reference to section 1 16 of the Constitution. [More…]
I remember the Constitutional Review Committee. [More…]
Has the Treasurer also read Mr Dawson’s opinion that this is, for constitutional reasons, a problem which is probably more appropriately the responsibility of the Commonwealth Government than of State Governments. [More…]
That there be referred to the Standing Committee on Constitutional and Legal Affairs the following matter - The law and administration of divorce, custody and family matters, with particular regard to oppressive costs, delays, indignities and other injustices. [More…]
The purpose of this Bill is to give effect to certain recommendations made by the Papua New Guinea House of Assembly Select Committee on Constitutional Development and agreed to by that House. [More…]
The Select Committee on Constitutional Development was set up by the Papua New Guinea House of Assembly on 24th June 1969. [More…]
Its task was to draft a set of constitutional proposals as a guide for future constitutional development in Papua New Guinea. [More…]
Both the final report, and the third interim report presented on 3rd September 1970, contained recommendations for constitutional change. [More…]
The purpose of the Bill, as I have indicated to honourable senators, is to give effect to the remaining recommendations of the House of Assembly Select Committee on Constitutional Development as approved by that House. [More…]
The amendments contained in this Bill give legislative effect to the request by the House of Assembly for changes in the constitutional framework for Papua New Guinea. [More…]
I think one must appreciate that this is u new Department, that Commonwealth responsibility with regard to the environment is a recently accepted responsibility and that the extent of that responsibility is hogtied by constitutional limitations :Ind ‘here is a very real .limit to the effective work which can be done. [More…]
Earlier statements by the Minister have indicated that there is a role of co-ordinating, cooperating and initiating wilh the States, and constitutionally it is very hard to see how any activity apart from that could be exercised by the Commonwealth in the light of the broad Government policy that it desires to co-operate with the Stales. [More…]
But obviously the States must be circumscribed by the constitutional limitations of their power. [More…]
It could have recommended the use of constitutional power to give ihe Commonwealth an overall disciplinary control of water pollution that would go, perhaps, to pollution of the environment generally. [More…]
I propose to have something to say in due course about the basis of the motion which has been proposed by Senator Douglas McClelland, but before doing so I would like to refer to the constitutional basis upon which the Commonwealth must determine how it is to act with regard to the broad question of the environment. [More…]
In starting may I say that, in terms of the environment as a subject matter of constitutional power, the Commonwealth has no direct legislative powers whatsoever. [More…]
He then went on to acknowledge that the constitutional limitations must be recognised. [More…]
I would say, taking what Senator Byrne has said as the very basis on which to make worthy comment, that if there is divided authority in the States as to the various bodies which have responsibility in this area it is much more difficult in the Commonwealth area where, lacking the constitutional power, it is necessary to look at the incidental work of other bodies. [More…]
In this area the Commonwealth : is painstakingly building up from grass roots a new department and it is doing so in the face of all the problems of constitutional limitations under which the Commonwealth labours in this area. [More…]
But there has been ample opportunity, notwithstanding anything which has been said by the AttorneyGeneral (Senator Greenwood), as Minister representing the Minister for the Environment, Aborigines and the Arts (Mr Howson), for this Government despite any constitutional problems which may exist to have taken action and to have shown an awareness of the problem and a keenness to take steps to overcome the problem. [More…]
The second aspect in relation to which the Commonwealth could take action, notwithstanding any limitations that there may be in relation to its constitutional power, is the techniques for abatement and control. [More…]
I listened this evening to the reference by the Attorney-General to the constitutional problem. [More…]
It has been a study of constitutional, legal, social and all the other environmental problems. [More…]
I refer to page 142 of the report of the Senate Select Committee on Water Pollution, which expressed its view on the constitutional position of the Commonwealth. [More…]
The Committee has been presented with problems and possible solutions necessarily involving consideration of the distribution of constitutional power. [More…]
If I suggest to them that they have given inadequate appreciation to the difficulties of a new department in’ a space of less than 6 months in taking the steps which have to be taken in a very difficult, constitutional area, where there is a multiplication of authorities which have to be resolved and accommodated in some way, it is noi to deny the fact that there is a need for a recognition of these problems. [More…]
Quite apart from that, I hope that the Senate and the nation generally will recognise that in areas of environmental control a very real problem is postulated by the Federal Constitution, The Government has twin policies, the first of which is that in these matters involving constitutional difficulties it shall seek co-operation through the States. [More…]
If honourable senators consider the matter they will appreciate that within the federal system, in most of the areas that have been talked about, the proper constitutional responsibility lies with the States. [More…]
Mr President, in September last year the Committee presented an interim report on its first term of reference, namely, ‘Whether the constitutional conception underlying the legislation is consistent with the proper constitutional responsibilities of the Commonwealth and the Slates’. [More…]
It is said to me by constitutional lawyers and economists that it would be comparatively simple to introduce a Bill to provide for a super tax on incomes over a certain level and that it would be comparatively easy to amend the Income Tax Act to put a limitation on the enormous expense allowances which are enjoyed by those in private industry. [More…]
It involves further analysis of legal and constitutional matters and existing regulations. [More…]
This body must have adequate power, in the constitutional sense. [More…]
With this 3-tier system of government I think we accept that it is terribly essential that the constitutional responsibilities which rest upon the various levels of government - Commonwealth, State and local government - should be adequately and properly discharged. [More…]
But this is part of the constitutional system in which we have 6 States which are independent bodies within the terms of the Commonwealth Constitution. [More…]
Whatever action we take in this matter is taken with the greatest regret, but the Parliament would involve itself in an exhibition of contradiction and inconsistency if it did not similarly apply within the area of constitutional ability the administrative responsibility available to it and if it did not apply the principle espoused within the last 24 hours in another area of its constitutional and administrative responsibility. [More…]
The Select Committee on Constitutional Development was set up way back in June 1969. [More…]
Its task was to draft a set of constitutional proposals as a guide for future constitutional development in Papua New Guinea. [More…]
It would be too great a departure from the present structure of the constitution that we have established for New Guinea following the inquiry by the constitutional committee in that country for us to alter the Bill in the way proposed by the Opposition, that is to say, effectuating the appointment of these 9 Ministers by making the appointment from the Council itself rather than by the Commonwealth Minister for External Territories making the appointment. [More…]
As Constitutional power to legislate for such an authority resides in the Stales, it is imperative that States be prepared to bring downthe appropriate legislation. [More…]
The Commonwealth has constitutional authority under its foreign affairs powers to control the movement of materials which are the basis of international agreements. [More…]
But now Customs officials want a right in an area where the Commonwealth has no constitutional right at present. [More…]
Constitutional Development, provide to the people of Papua New Guinea information concerning the nature of government and the systems prevailing throughout the world.It is aimed at helping them to come to their own conclusions as to the form of government they wish to choose for Papua New Guinea. [More…]
The establishment and management of national parks and reserves in the States is the constitutional responsibility of the State Governments. [More…]
I think that in answering the honourable senator’s question I should preface the general answer I give by indicating that the question of the area of Commonwealth constitutional responsibility in regard to matters of water pollution and air pollution is hedged with much doubt and many problems as to its extent. [More…]
What may have been done under wartime conditions has a different constitutional application, I say without developing the matter very much, from what we are confronted with now. [More…]
In the absence of such co-operation, it would be a matter beyond the constitutional power of any one authority to get co-ordination and co-operation. [More…]
That there bc referred to the Standing Committee on Constitutional and Legal Affairs the following matter - The Report of the Commonwealth Administrative Review Committee, dated August 1971. [More…]
It is for the reference to the Standing Committee on Constitutional and Legal Affairs of the report of the Commonwealth Administrative Review Committee. [More…]
Therefore to some extent, unless honourable senators wish at this stage to expatiate at length on the contents of this very valuable report, 1 do not see any reason why this motion should be laid aside, I suggest that the Senate should allow this report, by resolution, to go forward to the Standing Committee on Constitutional and Legal Affairs. [More…]
Although the discussion of this matter might be unexpected and might have taken the Senate by surprise and although very few honourable senators may feel themselves equipped to discuss the matter - more particularly the substantive report - with any particularity, I believe that the Senate could well resolve tonight, not in a casual way but in a brief manner, to refer this report to the Standing Committee on Constitutional and Legal Affairs, and let the Senate look forward to discussing the report when the Standing Committee’s report comes forward in due course. [More…]
That there be referred to the Standing Committee on Constitutional and Legal Affairs the following matter - The Report of the Commonwealth Administrative Review Committee, dated August 1.971. [More…]
Nevertheless, I do not think that is a justification for simply moving that the particular report be referred to the Standing Committee on Constitutional and Legal Affairs without looking at the substance of the motion. [More…]
Senator Withers is the Chairman of the Constitutional and Legal Affairs Committee. [More…]
If we were following the procedure adopted in the United States, Canada and in other countries we would say to the committee dealing with constitutional and legal affairs: ‘You will consider all matters of law and justice, bankruptcy, copyright, the Judiciary Act, administrative review matters and so on’, and then leave the committee to deal with the various aspects which were important. [More…]
That there be referred to the Standing Committee on Constitutional and Legal Affairs the following matter - The Report of the Commonwealth Administrative Review Committee, dated August 1971. [More…]
I remind the Senate of what the Leader of the Government (Senator Sir Kenneth Anderson) said, that this Constitutional and Legal Affairs Committee already has 2 quite substantial issues before it to be considered. [More…]
I can only say that the pressure of work under which the Constitutional Legal [More…]
The Commonwealth Government rejected our proposition on constitutional grounds and the States turned us down for various reasons. [More…]
is the only constitutional authority (apart from Federal Council when it is in session) to issue statements on behalf of the Association. [More…]
ls the AttorneyGeneral aware of the constitutional importance of a decision handed down this day in the High Court of Australia while sitting in Melbourne? [More…]
This decision opens up for the Commonwealth Parliament new vistas of control of these fringe banking institutions, and a future Labor government will not hesitate to use to the full all the constitutional powers at its disposal to bring these fringe banking institutions under the supervision which is necessary in the interests of Australia. [More…]
It could well be that where there has been a vacuum of constitutional power in the past, such vacuum might now be filled by the decision in the concrete pipes case where the High Court suggested that perhaps the Commonwealth’s corporations power under the Constitution has never been fully explored, much less exploited. [More…]
[ am a member of that Committee and I do not want to anticipate its investigations, but as part of its deliberations there could well be an examination of the possibility of legislative power and the exercise of that power within the constitutional power given under the head of corporations. [More…]
Senator James McClelland mentioned that the concrete pipes case was a notable landmark in the constitutional situation. [More…]
No doubt in due course the matter will be examined, but I am assured by my advisers from the Treasury that it is by no means clear to what extent the recent judgment of the High Court in the concrete pipes case has clarified Commonwealth constitutional powers to control financial corporations. [More…]
I suggest for the consideration of honourable senators, and of the Minister, that perhaps this might be an appropriate matter for consideration by the Standing Committee on Constitutional and Legal Affairs. [More…]
Outside the strict law, what we call the legal law, the social law, the municipal law, the constitutional law and the criminal law. [More…]
ALP leaders should understand that it is absurd for a party which is askingto be elected to constitutional power to involve itself in actions and statements which negate the whole basis of constitutional power itself. [More…]
Towards the end of last year, when the debate on that Bill was almost concluded, a motion was moved by the Attorney-General (Senator Greenwood) to refer this Bill, even before it had passed the second reading stage, to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I was a member of the Senate Standing Committee on Constitutional and Legal Affairs to which this matter was referred. [More…]
I think it is important for the Government Parlies to have the opportunity to consider the report of the Senate Standing Committee on Constitutional and Legal Affairs which has been submitted. [More…]
It has been said, firstly, that the Standing Committee on Constitutional and Legal Affairs has said that the Bil! [More…]
The unprecedented step was taken of interrupting the second reading debate when it had Deen almost concluded and sending the Bill eff to the Constitutional and Legal Affairs Committee. [More…]
For good measure Senator Greenwood gave notice that he would move for the bill to be referred to the Senate’s standing committee on legal and constitutional affairs - a tactic which can achieve nothing but renewed delay,. [More…]
This was followed by ‘The Constitutional Scope for Indirect State Taxes’, introduced by Professor Geoffrey Sawer of the Australian National University and Professor Castles of Adelaide whom, I must say, I thought was extremely good. [More…]
I am not impressed by the proposition - although I am prepared to admit that I could be totally wrong in due course - that this is likely to change very much in the short run of time by constitutional changes. [More…]
Attempts could well be made and, if they are, they might lead to a better understanding but the history of Australian referenda to which I shall refer later is not encouraging to those who seek to find a remedy by constitutional change. [More…]
I believe that one has to look for other methods of change in this matter and not take rigid positions or do nothing because one postulates that at some time in the future there will be a constitutional change. [More…]
We discussed the matter of constitutional, political and economic constraints affecting the evolution of an effective system of government. [More…]
I argued, just for myself, that one of the ways in which this problem could be handled would be to give the Commonwealth Grants Commission a higher status, to revive the Federal Co-ordinator of Public Works, to pick up the constitutional powers of the Inter-State Commission and to look at managing the situation better, in the resource allocation sense. [More…]
One of the best constitutional people in Australia in this day and age is Professor Lane of the University of Sydney. [More…]
Having been intimately involved in CommonwealthState financial relations - as honourable senators will understand, I have been part of it - I want to tell the Senate that the situation will be something like this: The centre will be concerned with expenditure (unctions, intergovernmental co-operation, taxation, grants and constitutional issues affecting financial relationships, lt will be detached. [More…]
It was introduced by him against a background of a great deal of topical troubles with Federal-State relationships which related particularly to constitutional arguments about the validity of turnover taxes, problems arising out of the Australian Loan Council and the massive interest and capital indebtedness of States and other matters which were then highly topical. [More…]
It seeks an investigation into the raising and distribution of revenue to ensure that the Commonwealth and States be able to discharge properly their constitutional functions. [More…]
Has the attention of the Minister for Health been drawn to a statement by the Secretary of the General Practitioners Society, Dr Arnold, that his Society has received legal advice that arbitration on general practitioner home visits and surgery consultations is not constitutional? [More…]
We believe that there are ample Constitutional powers which might be drawn upon and from which the Government under appropriate legislation could arm itself to deal with the adverse effects of inflation. [More…]
It is envisaged that this body would look at this matter within the limits of the Commonwealth’s Constitutional power. [More…]
We should be looking to see whether the constitutional powers enable us to set up proper machinery in order to deal wilh a real social problem which affects every person as a consumer, which affects every person as a ratepayer or taxpayer and which affects every person who has an interest in the efficiency and the prosperity of all industry and commerce. [More…]
The Opposition should describe what constitutional power it will draw to its side to do it. [More…]
Recently I have heard it said that that is an interesting view but is not supported by every lawyer constitutionally competent. [More…]
He said the State Permiers at their meeting wilh the Commonwealth on Monday should unanimously offer the Commonwealth the constitutional power to impose the freeze for this year and no longer’. [More…]
I do not know whether Senator Lillico directed his remarks to the constitutional propriety of the reference of the matter to the committee, but, despite what may have been said about the power conferred on Parliament by the decision of the High Court in the concrete pipes case, I refer him to what was said by Mr Hughes, a distinguished lawyer and a man who was considered by the Government to be sufficiently equipped to hold the position of Attorney-General. [More…]
One always speaks tentatively in the field of constitutional law, knowing that decisions in the High Court go sometimes <me way or another way on a very fine balance of numbers. [More…]
If they believe so it is about time that we heard from them.I suggest that these men are sufficiently versed in the law to know that this alibi has disappeared for them, that they can no longer shelter behind the plea of constitutional inadequacy and that there is constitutional power to refer the matter to the committee and for it to recommend, if it thought fit, legislation which would be within the constitutional power of the Parliament. [More…]
I suggest that we should let this Parliament, and especially the Senate, indicate to the people, that it is not merely wringing its hands about inflation but, within its constitutional powers, is examining the problem seriously in an attempt to find an answer. [More…]
It may be matter that could be referred in detail to the Legal and Constitutional Committee, where perhaps the lawyers of the Senate, sitting in the appropriate atmosphere, might examine it in conjunction with a consideration of State codes of evidence. [More…]
I think that if the Senate Standing Committee on Legal and Constitutional Affairs were able to bestir itself a lot of these matters could readily be referred to it. [More…]
As one member of the Senate Standing Committee on Legal and Constitutional Affairs, it would not be possible for me to attend next week. [More…]
Another important tribunal of a voluntary nature is meeting in Adelaide, the festival city of this country, next week to deal with matters of major national importance - some of a legal nature and some of what might be described as a constitutional nature. [More…]
The information available to the Standing Committee on Constitutional and Legal Affairs when it considered this matter was that 2 Bills of opposite intention have been introduced in regard to the matter. [More…]
I had thought that we might have had an examination of this matter by the Senate Standing Committee on Constitutional and Legal Affairs following the vogue of Senate committees inquiring into all sorts of matters. [More…]
I refer to page 2 of the letter which was sent to the Standing Committee on Constitutional and Legal Affairs by the Department of Defence on 9th November 1971. [More…]
That accusation is that the Attorney-General (Senator Greenwood) was deliberately scheming to keep this Bill from coming before this chamber to reach finality when he recommended and moved that it be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
1 simply wish to make it abundantly clear to this chamber and to anybody else, who is interested in this matter that it was not at the instigation of the Attorney-General that the matter was referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
in SenatorMurphy’s motion that perhaps he forgot that, the Standing Committee on Constitutional and Legal Affairs, which was charged with the consideration of this mat:ter, explicitly stated in its report: . [More…]
As to the substance of the amendment, it may be that what has been put before us by the Standing Committee on Constitutional and Legal Affairs has been examined by others in full. [More…]
The absence of facts and material to enable us to debate this aspect of the matter wilh greater particularity is a disappointing result of the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
At the same time, it needs to be recognised that there are constitutional limitations on the extent to which the Commonwealth is empowered to adopt policies which could be construed as discriminating in favour of particular States or parts of States. [More…]
At the same time, it needs to be recognised that there are constitutional limitations on the extent to which the Commonwealth is empowered to adopt policies which could be construed as discriminating in favour of particular States or parts of States. [More…]
If the aim were to balance country and city industries there would be some substantial constitutional difficulties. [More…]
While recognising the constitutional considerations implicit in the provisions of Standing Order 253, the Committee considers that the procedure could be improved, particularly having inmind the situation which arises when the closure is applied. [More…]
Perhaps part of the strength of the British constitutional system has lain in the vagueness of the constitution and the indefinite and unspecified rights which, in a crisis, in some way can be discovered and implemented. [More…]
The fact that only 5 per cent preferred gaol was, I am sure, in the light of the other alternatives which were posed and the imposition of which in many respects is not within the constitutional power of the Commonwealth. [More…]
The debate in Committee on that Bill has raised many issues of considerably complexity, and I think it is generally accepted by those senators who have interested themselves in the Bill that there would be benefit if those issues could be considered by the Standing Committee on Constitutional and Legal Affairs. [More…]
The proposal to refer the matter to the Standing Committee on Constitutional and Legal Affairs would suggest, as the Minister has stated, that further consideration of the provisions is required. [More…]
They welcomed the proposal which the Attorney has now placed before this chamber that the Bill should be referred to the Standing Committee on Constitutional and Legal Affairs. [More…]
I do not know how long this exclusive body, the Standing Committee on Constitutional and Legal Affairs, will take to consider the question, but with the greatest respect I ask whether it is necessary to extend the operation of the Act for 12 months to enable this consideration to be given. [More…]
That is to fix a date some time in the Budget session, which might be reasonable, in the expectation that the Standing Committee on Constitutional and Legal Affairs could work on this Bill in the future remaining weeks of this session plus the interval when the House and the Senate are not sitting. [More…]
If the policy of the Australian Labor Party is as was suggested in the minority report - its representatives on that committee not only opposed anything being given to the independent schools; they went further and advocated a constitutional challenge to the right of the Commonwealth to assist independent schools - I think one is justified in coming to the conclusion that its attitude on this matter is entirely opportunistic and is designed entirely for electoral purposes and that if it ever got power over the independent schools it would use that power to drain off their lifeblood and eventually eliminate them. [More…]
I submit that the motion does not come within the constitutional prohibition. [More…]
Unfortunately the Federal Council of Australian Apiarists Associations has been largely ineffective in recent years because of its constitutional requirement that all decisions on major matters must be unanimous. [More…]
Unfortunately the Federal Council of Australian Apiarists Associations has been largely ineffective in recent years because of its constitutional requirement that al] decisions on major matters must be unanimous. [More…]
The High Court had some strong words to say, as one sees if one reads the judgment, about the conferring of such jurisdiction upon the High Court, which has extremely high constitutional functions to carry out. [More…]
That the Evidence (Australian Capital Territory) Bill 1972 be referred to the Standing Committee on Constitutional and Legal Affairs, for inquiry and report. [More…]
In my second reading speech on the Evidence (Australian Capital Territory) Bill prior to the Easter recess I indicated that I had in mind moving a motion to the effect that that Bill be referred to the Standing Committee on Constitutional and Legal Affairs. [More…]
I thank Senator Murphy for his indication on behalf of the Opposition that it concurs in the Government’s proposal that this matter be referred to the Standing Committee on Constitutional and Legal Affairs for consideration and report. [More…]
It may be that after the Standing Committee on Constitutional and Legal Affairs has examined the matter there will be a different approach when the matter next comes back to the Senate. [More…]
The Standing Committee on Constitutional and Legal Affairs will find that its task will be of no mean proportions. [More…]
The Bill takes up that theme and reflects the general idea set out in the report and the general idea contained in the constitutional references. [More…]
I think the question should be asked to ensure that the Committee has the constitutional authority, or to strengthen the constitutional basis of the Committee, and it would be advisable for the Committee to be asked to make such recommendations. [More…]
I see that as the only basis of difference between us, and that is very far removed from the problem we are faced with, namely, what I regard as the constitutional division of responsibilities between this chamber and the executive. [More…]
The purpose of that qualification is to conform with constitutional requirements. [More…]
The simple fact is that the Commonwealth has no constitutional power at all in relation to advertising in the States, except in relation to television and radio. [More…]
On the constitutional problem it is well to remember that in this field the Commonwealth has no power in areas other than the Australian Capital Territory and the Northern Territory. [More…]
The Commonwealth does have constitutional power in that regard. [More…]
These events raise very important constitutional questions as to the proper relations between the Commonwealth Parliament and the State Parliaments. [More…]
Surely this position must suggest to any thinking person who is concerned for the welfare of the 3 levels of government in Australia that the time has arrived, if it has not passed, for a get-together of the 3 elements of government in Australia to attempt to arrive at a proper basis of judgment of the constitutional limitations of those 3 levels and the means which may be found to enable them adequately to discharge their functions in the community. [More…]
On a number of occasions in the intervening years since 1945 when that decision was made and implemented questions have been raised as to the constitutionality of that decision because of section 99 of the Constitution which concerns itself with the relative position of States and with not giving an advantage to one State over another. [More…]
Recently I was most interested and intrigued to receive an assurance from people who are concerned with constitutional law that where an Act speaks about States or part of States - I think that is the terminology used - in a serious judgment on constitutional grounds, this has been held not to refer to States or parts of States within the meaning of the Constitution. [More…]
That it is inconsistent with the constitutional relationship between Parliament and the Executive Government that the need or justification for the provision of any staff or other facilities for members of Parliament, necessary for the discharge of their parliamentary duties, should be determined by any agency of the Executive Government. [More…]
I draw particular attention to the words ‘in the national interest’ - that, without raising questions concerning, and without derogating from, their respective constitutional powers, they should co-operate for the purpose of ensuring the legal effectiveness of authorities to explore for or to exploit the petroleum resources of those submerged lands: [More…]
Until the Government resolves this constitutional question the position is uncertain. [More…]
This is the kind of situation that arises if the constitutional position is not resolved. [More…]
I urge the Commonwealth Government to settle the constitutional position as early as possible. [More…]
Nothing has been gained by setting aside the constitutional authorities of either the States or the Commonwealth. [More…]
I do not believe that the new amendment will cure all the ills because the Commonwealth cannot legislate beyond its constitutional powers. [More…]
I submit that this situation arises out of the dilemma in which the draftsman found himself when the parties to the agreement decided to set aside the constitutional provisions. [More…]
Will he make representations to the Senate Standing Committee on Constitutional and Legal Affairs to expedite its consideration of this matter as in many cases justice delayed is justice denied? [More…]
As to the other part of the honourable senator’s question, I am not sure that I am the best person to approach the Senate Standing Committee on Constitutional and Legal Affairs which has, as one of the many matters charged to it, the review of the whole question of divorce, family law and custody in this country. [More…]
The Bills to amend these 2 Acts will make possible the extension of the Commission’s jurisdiction in these 2 Territories to disputes involving persons in employment, whether or not they are in an industry, in the constitutional sense of that word. [More…]
The Committee’s recommendation gave rise to considerable constitutional and practical difficulties in the light of which the Standing Committee decided not to establish a commission of the kind proposed. [More…]
Its predecessor, the Australian Industries Preservation Act had proved ineffective partly because of difficulties of constitutional law, but also because the generality of the terms in which it was expressed had led to great uncertainty as to its application. [More…]
It was intended as legislation to overcome the constitutional defects disclosed in the concrete pipes case, and to hold the position until the strengthening legislation now proposed could be passed. [More…]
The Government’s consideration of the provisions to be included in this strengthening legislation has, of course, taken account of the Commonwealth’s constitutional powers as disclosed in the concrete pipes decision. [More…]
For example, provisions relating to mergers, which in 1965 would have been regarded as being of doubtful constitutional validity, are now possible and have been included. [More…]
There may well be some constitutional difficulties involved in incorporating in legislation some of the proposals that the Minister foreshadowed. [More…]
As we see the position, the Bill can be divided into 4 fields: Firstly, matters related to the constitutional position of unions concerning questions which could, in the case of a number of unions, go to their very existence; secondly, the rights of rank and file unionists within the unions; thirdly, amendments to the structure and procedure of the conciliation and arbitration system; fourthly, the question of sanctions and the responsibility of the Conciliation and Arbitration Commission. [More…]
However, to the extent that the Bill does promote measures to assist in preserving unions from the constitutional challenges of the Moore v. Doyle case, and to the extent that the Bill gives effect to a number of our views in preserving and promoting the rights of union members within their institutions, we consider that it should not be rejected. [More…]
The Government seeks to use legal, constitutional and intimidatory means to prevent the trade union movement carrying out its proper responsibility. [More…]
I think that all Australians would recognise that the health plan of the Labor Party would subordinate the doctors to a regimentation which may or may not have constitutional basis in a way that the Government’s plan does not. [More…]
I hope that those who are in the legal profession will start to do something to put their house in order before those complaints grow to a torrent Already we have had unanimously passed in mis Senate a motion referring to the Standing Committee on Constitutional and Legal Affairs matters of divorce dealing with oppressive costs. [More…]
The constitutional position is that South Australia, as any other State, is required to receive into its prisons all Commonwealth prisoners. [More…]
The amalgamation involves a change of the constitutional rules of the bodies concerned. [More…]
There may be some constitutional question in relation to the Northern Territory but none so far as the Australian Capital Territory is concerned. [More…]
Each of the words in the constitutional provision is a word of limitation. [More…]
I am sure the Standing Committee on Constitutional and Legal Affairs will find it of great assistance in its consideration of grounds of divorce in Australia. [More…]
Committees are examining our social services programme, our financial programme, our financial structures, our legal and constitutional relations, domestic law and matters of that character. [More…]
At times we have had trouble in policing areas which are within our constitutional jurisdiction. [More…]
His work as a member of the High Court over a period of some 35 years, for 12 of which he was Chief Justice, has left an indelible impact on the development of Australian constitutional law. [More…]
On the occasion when he was sworn in as Chief Justice he said that the function of the High Court in constitutional matters was to interpret a constitutional description of power or restraint upon power and to determine whether a given measure falls on one side of a line or on the other. [More…]
But I venture to say, Mr President, in the presence of my fellow senators that it was in application of these principles to our own specially important Constitution that the late Chief Justice made his most substantial mark and contributed to the building of a body of doctrine which, in my assessment, will stamp his as an era of exposition superior in importance to the great constitutional decisions of the Stuart period. [More…]
The last of the four great pillars, as 1 think of his decisions was in the boilermakers’ case in which he insisted that no other arm of government should encumber the judiciary by adding to it non-judicial power, and no other arm of government should detract from the judiciary by weakening or undermining its proper constitutional jurisdiction. [More…]
Is he in a position to say, in relation to the constitutional requirement for equality of opportunity and treatment for each of the 6 States, that when the level of freight costs reaches a point at which the trade and commerce of one of those States are involved and the economic progress and development of that State are threatened, this would amount to a contravention in 2 respects of the Commonwealth Constitution? [More…]
The Democratic Labor Party feels that the Commonwealth should lay down as a matter of principle, so far as it lies within its constitutional power to do so, that the use of land for pine plantations should wherever possible be in areas of this kind rather than in areas which would involve the displacement of the natural flora. [More…]
At end of motion add ‘and that the medical, social environmental, and legal aspects of the report and recommendations of the Committee be referred to the Standing Committees on Health and Welfare, Social Environment and Constitutional and Legal Affairs, respectively, and that these 3 Committees be authorised to undertake the continuing oversight of those aspects and to recommend from time to time what further measures might be taken to implement the recommendations or to overcome the problems revealed in the report’. [More…]
For example, the Standing Committee on Constitutional and Legal Affairs might say of any Bill which was in any way concerned with the matter, ‘If you are to implement the Committee’s recommendations, the appropriate course is to make various amendments to the legislation before the Senate.’ [More…]
The Government has consistently maintained that the initiative for constitutional develop ment should lie with the House of Assembly to which it looks to represent the wishes of the majority of the people. [More…]
Adequate constitutional powers for such an effort are already available to the States and the Commonwealth. [More…]
I also raised in the course of this dissent the suggestion that under section 116 of the Constitution it is highly questionable whether it is within the constitutional power of the Commonwealth Government to give financial assistance to the training of teachers who are specifically concerned not only with imparting neutral nonreligious knowledge to students but also with training them in being specifically Catholic, or Presbyterian, or Jewish teachers. [More…]
With respect, I think that the Commonwealth would probably be going beyond its constitutional power if it did attempt to allocate moneys to specifically religious training or to training which included the religious training of the teacher. [More…]
I recognise, however, that there is a substantial difference between the situation in which the Attorney-General is asked to grant his fiat to ensure that public duties are performed and, thereby, to overcome a deficiency when a private citizen has no locus standi because the duty is owed to the public, and the situation where the Attorney-General is, in effect, asked to lend his name to proceedings for the purpose of challenging the constitutional validity of Commonwealth legislation. [More…]
It is not appropriate, in my view, in the public interest, for the Attorney-General of the Commonwealth an grant his fiat in proceedings directed to establishing that Commonwealth Statutes are unconstitutional. [More…]
The recent case before the High Court of Australia made it clear that the constitutional provisions leave it in the hands of this Parliament to provide, for the 18-year- olds, if they are to be provided for. [More…]
The High Court held that even if the States gave their 18-year-old citizens the right to vote this did not automatically allow them to have a vote in Federal elections, because the constitutional guarantee of Federal voting Tights for those who bad State voting rights applied only to those whom the Constitution described as adult persons who, in the understanding of 1901, were persons of 21 years or more. [More…]
Mr President, it must be remembered that we are dealing with probably one of the greatest issues in the constitutional sense that has come before a parliament. [More…]
It is true that there is under the Australian Constitution no constitutional restriction on the power of the Federal Parliament to enact such a law. [More…]
When the Parliament deliberately and intentionally does that there is a very clear breach of some fundamental constitutional issues. [More…]
There is, of course, the overriding constitutional problem that the Commonwealth has no general criminal jurisdiction. [More…]
In relation to constitutional power it is clear that the Commonwealth has power over the interstate trade and commerce. [More…]
When one is dealing with the prospective energy requirements of a nation, of which natural gas will be a important part, I do not think it is useful to divert this argument into what the constitutional powers may be because this is a subject which is fundamental to this nation. [More…]
We feel that, because of our strange constitutional situation, the protection of the environment is not a matter that can be handled without the closest co-operation between the Commonwealth and the States. [More…]
The Committee then goes on to recommend the use of the constitutional machinery of an Interstate Commission which, it says, it might be desirable to set up with powers in this regard. [More…]
We know that under the present constitutional arrangements the States are very jealous of the powers they have in this regard. [More…]
In view of the suggestions that have been made about the matter, will the Minister, rather than leaving it at that stage, put before the Senate at the earliest opportunity some opinion from the appropriate Commonwealth constitutional or legal authorities, explaining precisely to the Senate whether any approval was given and, if so, what kind of approval and for what purposes? [More…]
When Senator McManus asked me a question I was remembering my halcyon days on the Senate Select Committee on Off-Shore Petroleum Resources when we directed a lot of our time to this problem of interstate trade and the consequential legal and constitutional responsibility. [More…]
What is the proper constitutional and legal position as understood by the Commonwealth? [More…]
Does it not seem, therefore, that Western Australia is entitled to have 10 members elected, as a constitutional right, at the forthcoming election? [More…]
If it has that constitutional right it may well be that the provisions of the Electoral Act, which do not conform with that view, will not prevail against the constitutional right. [More…]
1 suggest that one thing which emerges out of this as a matter of extreme urgency and importance is that the constitutional position should be put to rest as quickly as possible Certainly consideration ought to be given by this chamber, if not by the other place, to what should be done in the circumstances. [More…]
I submit that at least the opinion of the Solicitor-General on the proper constitutional course should be obtained and put before the Senate as rapidly as possible in light of the notification which has been placed before the Senate. [More…]
Subsequently, the Standing Committee was reported as having formed the opinion that legislation to effect a uniform reduction in the voting age would present no legal or constitutional problems, but that the question of a reduction in the voting age is ultimately a matter of government policy and not to be decided by committees of A Attorneys-General . [More…]
I am not prepared in any sense to argue this matter on what I might call the legal test or constitutional ground. [More…]
I think the Senate is entitled to know what is, in the opinion of the legal advisers of the Commonwealth, the constitutional position in relation to the representation of Western Australia and whether, in fact, one more representative should be elected at large from that State or whether some other method needs to be adopted in order that the requirements of the Constitution can be met in relation to this election. [More…]
Senator Webster spoke apparently about some incident which was aired about 6 weeks or 2 months ago on which there was a good deal of discussion and in relation to which finally I went on a national television programme and explained - I think to the entire satisfaction of all - that if the constitutional rights which are guaranteed to citizens were to be vindicated a certain course of action ought to be taken. [More…]
If Senator Webster wishes the subject matter of the constitutional rights of citizens and the freedom of religion to be debated properly in this chamber, I would suggest that he should raise it in a more substantial way than he has raised it this evening. [More…]
If so, what is the authority - constitutional, historical or traditional - for such procedures? [More…]
The honourable senator will realise that he has asked a long and complicated question involving deep constitutional issues. [More…]
I will not enlarge on that any more at this stage except to say that the matter is of deep constitutional importance, as the honourable senator has indicated by the scope of his question. [More…]
There are constitutional problems in this area. [More…]
I ask the AttorneyGeneral: What is the present constitutional position regarding zone allowances under the taxation system? [More…]
Has it not been quite definitely established that zone allowances introduced in 1945 have withstood a High Court test as to validity and has the constitutionality of such allowances been put beyond question? [More…]
In Commonwealth Territories we have complete constitutional power to see that in a wood chip industry reafforestation is carried out in accordance with all the good practices that this country wants to see. [More…]
The Commonwealth’s constitutional power in that matter relates to price control. [More…]
However, it is of great importance that as speedily as possible we should come to grips with a constitutional review which will include a good look at section 96 of the Constitution and at the shortcomings of the whole of our Constitution. [More…]
The constitutional convention which is contemplated at the instance of the States, in which the Commonwealth will participate and about which a steering committee has met already to plan the mode of approach for a review of the Constitution, undoubtedly will take into its ambit of consideration this vexed question of Commonwealth and State financial relations, and it is certainly time that that was done. [More…]
We can only hope that that will be one of the early matters considered by the constitutional convention because we must always remember that under the present concept of the Constitution the States are substantially the developing and construction authorities, that the Commonwealth has complete control over the major resources of revenue, and that the reconciliation of those 2 things can be accompanied only by the development and the projection of a proper financial formula. [More…]
We know that whatever our views may be on the principle of estate duty, constitutionally the most that we can do in this place is to direct our minds to the elimination of that duty insofar as it is imposed under Federal constitutional power. [More…]
All we can do is to go as far as we are entitled to do constitutionally. [More…]
Therefore, in our approach to it we would say that we wish to eliminate it as far as we can in the Federal sphere under constitutional powers. [More…]
We do feel that the Government giving these constitutional alleviations is now sensitive to the undesirability of the retention of this tax. [More…]
Of course it is competent for any State to make representations to the Commonwealth, under the guidelines which we all know about, for special grants or special aid if there are problems which the State considers go beyond its constitutional capabilities or perimeter. [More…]
Finally, I point out that clause 4 provides for the Act to draw upon constitutional powers in addition to the corporations power which at present is the source of constitutional power for the existing legislation. [More…]
The clause is to ensure that the Act applies to as large a proportion of all restrictive agreements and practices operating in Australia as the Commonwealth’s constitutional power may permit. [More…]
Whether the results of our deliberations would have consequences in the civil field has been the subject of considerable discussion, especially between ourselves and our 2 dissentient colleagues, who take the view that we have disregarded the wider constitutional and social consequences of reducing the age of capacity in the field of private civic law. [More…]
When ‘in accordance with constitutional customs’ (not, mind you, constitutional law) the petition was brought to your notice you took 6 weeks to inform His Excellency you had confidence in your minister. [More…]
With regard to Senator Byrne’s question, I reiterate that the Standing Orders Committee has presently under consideration the constitutional position of the Senate and its committees after a dissolution of the House of Representatives. [More…]
We must not repeat all the mistakes that were made by other countries on the pretext that private enterprise is involved and that this matter has nothing to do with the Commonwealth or that the Commonwealth has not constitutional powers. [More…]
One of the problems of recovering costs in this country from the users of a huge infrastructure system is the constitutional bar. [More…]
There are problems involved in getting them from the actual person who buys the ticket because of the constitutional barrier. [More…]
The steering committee which met in Adelaide in early October decided that the constitutional convention will commence in Sydney towards the end of May next year. [More…]
It is significant that in relation to the infamous Queensland Act the right honourable member for Higgins (Mr Gorton) who was then Prime Minister and the Minister for Social Services (Mr Wentworth) who was then in the Minister in charge of Aboriginal Affairs both said that if the Queensland Government did not toe the line the Commonwealth, with its constitutional power, would make it toe the line. [More…]
When the economic progress and development of one State is threatened by the high level of freight costs, could this be construed as a contravention of the constitutional guarantees of equality of opportunity and treatment of the States and of freedom of trade, commerce and intercourse among the States? [More…]
Mr Yuill’s paper has already been made available by my Department to the Senate Standing Committee on Constitutional and Legal Affairs to assist that Committee in its consideration of family law reform. [More…]
As the desirability and practicability of establishing family courts is a matter that is necessarily involved in the consideration the Senate Standing Committee on Constitutional and Legal Affairs is giving to family law reform, it would be inappropriate for me at this stage to make any recommendation to the Government as to whether or not a family court or family courts should be established. [More…]
It comes within the scope of a reference to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Finally, I refer to the constitutional foundation of the proposed legislation. [More…]
However clause 4 provides for the Act to draw on other available constitutional powers as well. [More…]
Next, there was a cloud in that the High Court had made a restrictive interpretation of the constitutional powers of this Parliament which had given rise to doubts as to whether effective action could be taken by the Parliament. [More…]
It is the belief of the Labor Party that within Australia such changes can be brought about by constitutional political action. [More…]
A prescribed flight is a flight which is within Australia, or between Australian territories, or from a territory to somewhere else in Australia: in other words it is a flight lying within the constitutional ambit of the Commonwealth. [More…]
In other words, it is within the constitutional ambit of power to which such offences may be attached. [More…]
To the extent of our constitutional power, we legislated to make it an offence to take certain action in aircraft which were flying in Australia, in respect of international aircraft which were on the last leg of their trip to Australia or the first leg of their trip out of Australia, and in respect of crimes committed on Commonwealth aircraft wherever those aircraft might be. [More…]
What Senator McLaren did not tell the Senate is that under its constitutional powers the Commonwealth cannot legislate alone to grant the power of compulsory acquisition to the Australian Wool Corporation. [More…]
He moved into his position at a time of developing complexity of legal situations, both constitutional and international. [More…]
In May 1971, at a time of great public interest in the subject, I requested the Attorney-General to prepare a paper on the parliamentary committee system which would give particular attention to the constitutional position and the provision of guidelines for the protection of witnesses. [More…]
Honourable senators will recall that as a result of questions that have been addressed to me from time to time over the last 3 weeks I havementioned to them that there appears to me to be a constitutional anomaly in relation to the dissolution of the House of Representatives. [More…]
This question raises matters of profound constitutional and parliamentary importance which require careful inquiry and deliberation. [More…]
without prejudice to any constitutional rights, that Senate committees be directed to refrain from meeting and transacting business after the forthcoming dissolution of the House of Representatives, except with the permission of the President. [More…]
Under the established constitutional division of responsibilities and financial arrangements between the Commonwealth and the States, it is for the Stale Governments to evaluate the needs of local authorities and to meet those needs from within their own resources. [More…]
After all, within the constitutional framework the States have immense responsibilities for the development of the States and the sustenance of their people. [More…]
1 ask: From where does the Government get the constitutional authority for the granting of moneys to child care centres? [More…]
I fail to see where there is any constitutional authority for the granting of moneys in this respect. [More…]
I should think that the Attorney-General would not move in this direction if there were no such constitutional authority. [More…]
I therefore request htm to inform me as to where the constitutional authority for such legislation by the Commonwealth lies. [More…]
He queried the constitutional basis for legislation of this character. [More…]
I want to mention 2 points in relation to the constitutional aspect. [More…]
I would have thought that a man holding the position of Attorney-General would have known the constitutional position. [More…]
The question could be raised of whether there is correctly a constitutional power, but the fact is that everyone is sympathetic to aged persons homes. [More…]
It would be unfortunate if the scheme came into operation, was contested and found to be unconstitutional. [More…]
I understand that there is doubt in the Department about whether constitutional power exists in relation to this question. [More…]
On the constitutional point which brought Senator James McClelland breathless into the chamber and has always attracted Senator Cavanagh’s interest, 1 do not have with me at the present time the legal opinions which were provided to the Department. [More…]
As far as 1 was concerned, there was no suggestion that the Opposition was challenging this measure because of its lack of constitutionality. [More…]
1 do not think Senator Gietzelt, who was the leading speaker for the Opposition during the second reading debate on this Bill, was suggesting that it should not be passed because of some lack of constitutional power. [More…]
Nor, I imagine, would the Labor Party as a Party be seeking to say that it should rely upon some legal technicality or legal doubt or lack of constitutional basis as a reason why this highly desirable legislation should not be enacted. [More…]
of the Constitution justifies this legislation, then one also would have to go to other sections of the Constitution to build up a constitutional case, if that is the way in which he would seek to approach the matter. [More…]
Nor do I query the constitutional authority for it. [More…]
I wanted to have it clear in my mind whether the Government had the constitutional power to legislate in this way or whether it should legislate as it does in relation to grants to schools under section 96 of the Constitution. [More…]
But do I take it from his reply that the advisers of his Department are of the opinion that constitutional power does exist for the introduction of this legislation which is before us at the present time? [More…]
As to sovereignty over territorial waters, if the Senate is to take an attitude on this most important constitutional and national question it should be done in a very definite way, perhaps by a specific resolution and after proper debate directed to that matter. [More…]
It is a very fine point - probably a fine constitutional point - as to whether the Senate has any right to continue to function in the absence of a viable House of Representatives. [More…]
Whether that is the constitutional position is a problem of very great import and of very great complexity. [More…]
That available constitutional means under the trade and commerce power be called upon to effect this purpose. [More…]
Standing Committee on Constitutional and Legal Affairs had before it a reference by the Senate concerning the law and administration of divorce, custody and family matters and was in the process of conducting an inquiry by taking evidence from the judiciary, the legal profession, academics and representative organisations; and thirdly, the fact that the Attorney-General himself sat on such committee and would be aware of the complexity, difficulty and variance of opinion on the subject of reviewing the field of matrimonial and family law, I ask: Will the Attorney-General suspend the operation of the amended rules, refer the suspended rules to the Standing Committee on Constitutional and Legal Affairs when that Committee is reconstituted and defer any further similar action until the Committee has presented a report to the Senate? [More…]
The answer to the other part of the question as to whether the rules ought to be considered by the Standing Committee on Constitutional and Legal Affairs is that I think that is a very good idea. [More…]
ls it also a fact that before the rules were brought into effect neither the office of the Parliamentary Counsel nor the officers of his Department were given an opportunity to comment on their constitutional validity or consistency with legislation passed by this Parliament? [More…]
If the honourable senator peruses the Hansard report of evidence given to the Standing Committee on Constitutional and Legal Affairs when it dealt with this matter of divorce law reform he will see that a great deal of advice was given by a number of persons as to what should be done about the drafting of the rules. [More…]
They are so represented for the purpose of enabling them to maintain and protect their constitutional rights against attempted invasions, and to give them every facility for the advocacy of their peculiar and special interests, as well as for the ventilation and consideration of their grievances. [More…]
If ever the Senate were called upon to take its stand in terms of its constitutional position and in terms of the very purpose for which it was created, it is now to step in and prevent this happening. [More…]
There is legal opinion - how strong it is, T do not know - that the matter is open to grave constitutional doubt and there may need to be no consultation whatsoever. [More…]
There is a position which opens the possibility, looking at the matter in the constitutional framework, that the Commonwealth Parliament with Her Majesty in Council - whether that would be Her Majesty in the Executive Council of Australia or in the Privy Council in England - could unilaterally and without consulting anybody whatsoever transfer these territories to Papua New Guinea. [More…]
The Prime Minister said that the Australian Government was willing in principle to negotiate the relocation of the border and indeed was keen to do so and would not allow any narrow considerations to obstruct a settlement, but the Government noted that there were constitutional considerations which had to be taken into account and which might delay the matter. [More…]
When we consider in the light of the constitutional recitation which I have given the Senate that the Commonwealth conceivably could proceed by unilateral action - or not inconceivably - then there is both the opportunity and the proclaimed intention It could well be that these islands would be transferred by Act of the Commonwealth [More…]
The might and the power of the Commonwealth may well be mustered without any constitutional inhibitions to sever these islands from the State of Queensland, to completely truncate part of a nation, a total ethnic group, and put it in another nation embracing a multitude of races with which it would be totally alien. [More…]
On the other hand it is clear that relations with other neighbours are clearly within the constitutional capacity of this Parliament. [More…]
The Prime Minister said that the Australian Government was willing in principle to negotiate the relocation of the border and indeed was keen to do so and would not allow any narrow considerations to obstruct a settlement, but the Government noted that there were constitutional considerations which had to be taken into account and which might delay the matter. [More…]
I ask him to take all constitutional means to have an investigation carried out as a matter of high priority by the Australian Hospital and Health Services Commission. [More…]
Senator Keeffe has suggested that all of the constitutional means available to the Commonwealth Government should be adopted by it to enable it to ask the proposed Australian hospitals and health services commission to give high priority to the investigation of the needs of the Queensland hospital system. [More…]
I ask this question in view of the inquiry by the Senate Standing Committee on Constitutional and Legal Affairs into the Matrimonial Causes Act and rules. [More…]
As the honourable senator will recall it was I who moved that there be referred to the Senate Standing Committee on Constitutional and Legal Affairs the law and administration of divorce, custody and family matters, with particular regard to oppressive costs, delays, indignities and other injustices. [More…]
If honourable senators want to debate the merits of this matter or, as was suggested by Senator Bynoe, think that this; should be considered by the Constitutional and Legal Affairs Committee, I would love to have that done, and as speedily as possible.. At the moment I consider that what has* been done has been properly done. [More…]
Is the Attorney-General awus that on 22nd February 1913 the then Acting Prime Minister stated that the Commonwealth Government had decided not to seek leave to intervene in the High Court case involving the question of the constitutional validity of the Tasmanian tobacco tax? [More…]
The Evidence (Australian Capital Territory) Bill 1972 was subsequently introduced, in terms substantially similar to those of the Ordinance, but was referred for consideration by the Standing Committee on Constitutional and Legal Affairs. [More…]
Following a request from the Western Australian executive that the Arbitration Act be amended to automatically provide a Preference to Unionists clause being inserted in all awards and determinations, an opinion on the constitutional power in this regard was sought from Dr Evatt. [More…]
That a select committee be appointed to inquire into -.mil report upon the desirability and feasibility of establishing a Securities and Exchange Commission by the Commonwealth either alone or in co-operation with the States and the powers and functions necessary for such a commission to enable it to act speedily and efficiently, against manipulation of prices, insider trading and such other improper or injurious practices as the committee finds have occurred or may occur in relation to shares and other securities of public companies, and to recommend generally in regard to the foregoing such legislative and administrative measures by the Commonwealth as will, having regard to the constitutional division of legislative power in Australia, enable the utmost protection of members of the public and the national interest. [More…]
I think the strict constitutional position is that the Government is not obliged to take notice of the reports of committees. [More…]
Indeed, as Attorney-General I took prompt note of the report made by the Senate Standing Committee on Constitutional ana Legal Affairs which recommended the abolition of discretion statements from the divorce rules. [More…]
Since the honourable senator has mentioned divorce I should point out that the rules made touching divorce will prove, once they are examined carefully, to have been drawn in such a way as to show that close attention has been paid to the weight of opinion put before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As far as I can gather, the unanimous view of those who gave evidence before the Senate Standing Committee on Constitutional and Legal Affairs and of those who have discussed this matter in any way publicly is that such discretion statements should be abolished; they are an abomination in the law and should not exist. [More…]
Is the Attorney-General aware that on 22nd February 1973 the then Acting Prime Minister stated that the Commonwealth Government had decided not to seek leave to intervene in the High Court case involving the question of the constitutional validity of the Tasmanian tobacco case. [More…]
full representation status at the forthcoming conversion on’ constitutional reform? [More…]
It has made its position clear that it considers that Ideal government is’ now, and perhaps tuts’, been for some time;’- so’ important to the conduct df our society that it ought to have a place in any constitutional convention and that it ought to have a greater role in the affairs of the nation, However, I cannot answer with any certainty the honourable senator’s question as to whetherlocal government will be represented. [More…]
Frankly, I do not know whether what Mr Barnard may have thought was the appropriate way in which these constitutional questions and their consequences ‘are to be dealt with is worth pursuing. [More…]
In the course of answering a number of questions which have been asked of him concerning the matrimonial causes rales, Senator Murphy has constantly referred to the evidence which has been received by the former Standing Committee on Constitutional and Legal Affairs. [More…]
1 will be anxious to take up the suggestion which was made a few days ago by either Senator Byrne or Senator McManus that I ought to go before the Senate Standing Committee on Constitutional and Legal Affairs and explain to it why the changes in the rules were made. [More…]
What 1 would prefer to do and what I was invited to do here about a week ago is to go before the Senate Standing Committee on Constitutional and Legal Affairs and put material before that Committee, and then let the public of Australia judge whether it was necessary for me to intervene and to reform the rules in order to remove some of these abuses. [More…]
On the one hand we have Senator Durack complaining that I have referred to evidence that has been given publicly and published in the Hansard record of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
In accordance with that, I moved in the Senate, after I had moved for the establishment of certain Senate standing committees, that there be referred to the Senate Standing Committee on Constitutional and Legal Affairs the matter of the law and its administration regarding divorce, custody and family matters, with particular regard to oppressive costs, delays, indignities and other injustices. [More…]
A great deal of evidence has been given before the Senate Standing Committee on Constitutional and Legal Affairs which, on examination, would appal one in that a series of Attorneys-General had allowed the law to continue in that state. [More…]
I refer particularly to the reported statement of the Minister for the Environment and Conservation that he is powerless to act in any matters of conservation and that the Federal Government had no constitutional power. [More…]
It has even been suggested that it is beyond constitutional power and that in no matter whatever might the Australian Parliament even intervene to prevent charging by practitioners in excess of what has been laid down in the rules. [More…]
The suggestion is made that this is beyond constitutional power and that those who were perpetrating these rackets could continue doing so and that it is beyond the power not only of the Australian Government but even of the Australian Parliament to deal with them. [More…]
I share the view of most members of the community and certainly the view of most of those who have reflected on and written about this subject or who have given evidence before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
If the Standing Committee on Constitutional and Legal Affairs proceeds with its inquiry into the question of divorce, I have no doubt that whatever submissions the body wants to make will come before that Committee. [More…]
It is dangerous to tell the people that a parliament will exceed its constitutional powers. [More…]
Because of the temporary electoral insanity of the 2 most populous Australian States, the Senate may well be called upon to protect the national interest by exercising its undoubted constitutional rights and powers. [More…]
This Government is breaking every rule of constitutional government. [More…]
Sir, I have already asked a question of you - to which I have not yet received an answer - in relation to Senator Murphy’s use of documents, which were submitted to the Senate Standing Committee on Constitutional and Legal Affairs, to answer a number of the questions that have been put to him over the last few days in relation to the matrimonial causes rules. [More…]
They made a very substantial submission to the Constitutional and Legal Affairs Committee. [More…]
Last July the signatories hereto on behalf of the Committee submitted detailed proposals to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The committee urged the Government to further the inquiry 0f the Senate Standing Committee on Constitutional and Legal Affairs into the basic principles of present divorce laws. [More…]
Next, may I refer to the document which Senator Durack referred to and which has been published - the Hansard report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
It is reasonable that one should turn to what was formally put before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That weighty evidence was put before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I do not think, in terms of the constitutional requirements against the establishment of religions, that such a provision should exist on the statute books. [More…]
I say again to the honourable senator that it appears to me that persons have constitutional rights whether we agree with them or not, and that after a thorough consideration of the issues before him a magistrate found that a certain organisation had come into being as a church - an incorporated church with a constitution. [More…]
But we have no constitutional power to intervene in the States’ control of land. [More…]
I am further given to understand that the advice forthcoming from the Attorney-General to the Minister for Immigration about this matter - the Attorney-General can correct me or indicate otherwise - was that a constitutional question was involved. [More…]
The decision reached by the Government was taken not only on policy grounds but on constitutional grounds as well. [More…]
I submit, Mr Deputy President, that all the constitutional precedents clearly establish that this is a debate which just cannot proceed. [More…]
There are, in addition to these matters, many technical objections to the rules, both from the legal and constitutional point of view. [More…]
But, Mr President, the constitutional position of ASIO goes further than that. [More…]
Here we have a unique inversion of the constitutional position, which Parliament has laid down in those unique terms, invaded by the Attorney-General, not on any basis of default, maladministration or distrust by ASIO, but in a case where the Organisation has never refused the Minister any information requested. [More…]
These facts show a dismal abuse of the unique constitutional position of the Australian Security Intelligence Organisation in Australia, and we al] ought to be obliged to Senator Greenwood for raising this subject on the first opportunity tonight that enabled us to raise it since it could not be fully explored at question time. [More…]
I would hesitate to give a constitutional opinion but it is probable that all members of ASIO who suffered this tort, instigated by the Attorney-General, would have a right of action against the Commonwealth for this interference with their rights. [More…]
These reforms stand well within the scope and intendment of the Act and within constitutional power. [More…]
The Chief Judge in Divorce of the Supreme Court of New South Wales, Mr Justice Selby, said in evidence before the Senate Standing Committee on Constitutional and Legal Affairs: [More…]
Some point may arise as to whether a select committee is also a standing committee within the terms of the legislative and general purpose standing committees of which the Senate Standing Committee on Constitutional and Legal Affairs is one. [More…]
I understand that the Constitutional and Legal Affairs Committee was appointed by resolution in 1970. [More…]
If this Committee has indicated that the documents which it has in its custody - the documents of the earlier Constitutional and Legal Affairs Committee - are not to be published except by order of this Committee, it would be wrong for any senator or any member of the public to refer directly or indirectly to the submissions which have been made. [More…]
An attempt was made to bypass the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As Senator Murphy has said, the people who have given evidence before the Senate Standing Committee on Constitutional and Legal Affairs, including the Chief Judge in Divorce in New South Wales, Mr Justice Selby, have said, amongst other things, that the discretion statement is such an abomination and such a blot on our law that it cannot disappear too soon. [More…]
1 do agree with one thing that Senator James McClelland said in the speech he has just concluded, that is, his statement that it would not have been sensible for the Government or any honourable senator to rush in with a new divorce law before the Senate Standing Committee on Constitutional and Legal Affairs had reported. [More…]
It is true that the discretion statement was the subject of a great deal of criticism before the Senate Standing Committee on Constitutional and Legal Affairs when it was conducting its inquiry last year. [More…]
Senator Durack said that although he does not think that the discretion statement should be removed by amendment of the rules, nonetheless he apparently, as a member of the Senate Constitutional and Legal Affairs Committee, was in favour of the abolition of the discretion statement. [More…]
and other lawyers oppose separate hearings for the principal relief and matters relating to custody, maintenance and matrimonial property, but there is no doubt that some of the strongest evidence which was given to the Constitutional and Legal Committee on this matter was given by Mr Justice Selby, the Chief Judge in Divorce of the Supreme Court of New South Wales. [More…]
That the Senate has been conscious of this need was demonstrated by the fact that a reference of the whole question of divorce was made to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I repeat that already there is a reference before the Senate Standing Committee on Constitutional and Legal Affairs as to the whole matter of divorce. [More…]
8 made under the Matrimonial Causes Act 1959-66 and disallowed by resolution of the Senate on 28th March 1973 be referred to the branding Committee on Constitutional and Legal Affairs. [More…]
In these circumstances I support the motion for disallowance of the rules and indicate to honourable senators that if the motion is carried, as I expect it will be carried, tomorrow I shall move in the terms of the motion I have stated, and the reference will be laid down to the Senate Standing Committee on Constitutional and Legal Affairs with a suggestion that the earliest possible consideration be given to an examination of this segment of the divorce situation so that the position can be remedied insofar as concepts which are embodied in these rules that are worth preserving be embodied in proper statutory form. [More…]
Under the heading ‘Legislative and General Purpose Standing Committees’ the first item is the Constitutional and Legal Affairs Committee. [More…]
I trust that in the interim period the Standing Committee on Constitutional and Legal Affairs will be able to complete its work and report to the Senate, and that a thorough review of both the Act and the rules appropriate to this day and age, 1973. will be adopted. [More…]
His speech consisted of a series of quotations from the evidence of witnesses and statements submitted mainly to the Senate Standing Committee on Constitutional and [More…]
It was then referred to the Senate Standing Committee on Constitutional and Legal Affairs, where it has reposed for the last 12 months, apparently without any action being taken by that Committee to report to the Senate as to whether the substantive provisions were or were not adequate. [More…]
Because the matter was referred to the Senate Standing Committee on Constitutional and Legal Affairs it was necessary to have some legislation to continue in force a body of law of evidence in the Australian Capital Territory. [More…]
This country depends upon the maintenance of the judiciary as a separate arm of the constitutional government of the country in a very special sense. [More…]
I think that the first thing we should be conscious of is that the Senate has certain constitutional limitations. [More…]
In fact, some of the constitutional treatises go so far as to say that the other powers and authorities of the individual back bencher have been so eroded that perhaps this is the only effective parliamentary exercise that is still left to the back bencher. [More…]
It is not in any degree a proposition to which I subscribe, but the fact that constitutional authorities go so far indicates the importance of erasing from the record the proposition that there is no obligation upon a Minister to answer questions. [More…]
I hear the interjections; ‘He cannot read’ and ‘The Tasmanian devil’ coming from the side whose leader has rested upon dignity to curtail our constitutional right to question, and the insulting suggestion is made that I take a sentence out of context and do not convey its substantial meaning, and I am asked to read the whole of the text. [More…]
I am a patient soul, a submissive soul, but very persistent in the pursuit of principle and the preservation of the constitutional rights of this chamber, and not only the preservation, the improvement of them. [More…]
I rise to say that if a Minister in this chamber is to be absolved from the obligation to answer questions according to ministerial responsibility, having regard to our other constitutional limitations, that constitutes an important deprivation of our fundamental constitutional rights. [More…]
I have dealt with the matter from the points of view of our constitutional position, questioning being a particular right of the Opposition with a corresponding obligation upon a Minister to answer. [More…]
We have heard an emotional speech from Senator Wright on the dignity, constitutional rights and ability of the Senate by force of numbers to take all day if need be to ask questions oh matters of national importance. [More…]
If the, Senate thinks it proper to do so, it may then refer the legislation for report - I hope urgent report - by the Constitutional and Legal Affairs Committee so that as soon as possible we can get some humane law which is simple, dignified and inexpensive. [More…]
Senator Cotton should remember that in the 23 years during which the Government of which he was a member for quite a considerable period of time had control of the Treasury benches nothing was done about the attempt by the former Labor government to obtain constitutional power to control prices. [More…]
The proposition that was put forward on Labor’s behalf at that time explained to the people of Australia exactly what would happen as a consequence of there not being sufficient constitutional power for the Commonwealth Government to control prices. [More…]
We have heard speakers say tonight: ‘Would it not have been better in post war years if the Australian people had given the government of the day constitutional power over prices?’ [More…]
My Party said when in government that no government needed constitutional power over prices. [More…]
Our government provided an average rate of inflation at the lower level of 2i per cent a year for something like three-quarters of the time that it was in office without that constitutional power. [More…]
This gives rise to the suspicion that he played the role of agent provocateur in the matter of the Warburton explosives cache and, in fact, possibly in relation to the constitutional documents of HIRO. [More…]
We believe that Senator Murphy is in breach of constitutional law. [More…]
Applying similar constitutional provisions, the United States Supreme Court has, for the last 9 years and more, declared any form of malapportionment within a State to be unconstitutional. [More…]
This is what the Joint Committee on Constitutional Review 1959 described as a form of gerrymandering. [More…]
Thus the 1965 amendments were completely contrary to the 1959 views of the Joint Committee on Constitutional Review. [More…]
Joint Committee on Constitutional Review in its recommendations endeavoured to safeguard the people against gerrymanders either by lapse of time or distortion of population. [More…]
The Supreme Court of the United States and the Constitutional Review Committee are just two that come to mind. [More…]
This Bill is a machinery measure which is necessary to meet legal and constitutional requirements associated with the Government’s end-of-year financial transactions. [More…]
Mr President felt, I think quite rightly, that he did not have the power under the constitutional practice and that he certainly did not have power vested in him by the Senate. [More…]
That a Select Committee be appointed to inquire into and report upon the desirability and feasibility of establishing a Securities and Exchange Commission by the Commonwealth either alone or in co-operation with the States and the powers and functions necessary -for such: a commission to enable it to act speedily and efficiently against manipulation of prices, insider trading and such other improper or injurious practices as the Committee finds have occurred or may occur in relation to shares and other securities of public companies, and to recommend generally in regard to the foregoing such legislative and administrative measures by the Commonwealth as will, having regard to the constitutional division of legislative power in Australia, enable the utmost protection of members of the public and the national interest [More…]
The 6 individual States cannot control prices successfully and effectively because of the system under which we live today and because of our constitutional rights in connection with trade. [More…]
What I am saying is that the abolitionists do not do their cause any justice by saying that the United States Supreme Court by a majority held that the death penalty was unconstitutional. [More…]
Basically they said that the Constitutional prohibition against cruel and unusual punishments could not be construed to bar the imposition of the punishment of death. [More…]
I direct a question to the Leader of the Government in the Senate in his capacity as Attorney-General and the principal constitutional law officer of the Commonwealth. [More…]
Certainly there is a widespread feeling that constitutional matters of great import ought, in the public interest, to be dealt with expeditiously. [More…]
Over the years in the United States there has been a complication in relation to federal offences, presumably because of constitutional power. [More…]
It is for that reason that the Opposition will move that the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs, with the request that the Committee return a report to the Senate on 1st May 1973. [More…]
I think the appropriate committee in this case would be the Constitutional and Legal Affairs Committee. [More…]
That at the end of the motion for the second reading be added the words ‘but in the opinion of the Senate this Bill should be referred to the Senate Standing Committee on Constitutional and Legal Affairs for consideration and report on 1st May 1973’. [More…]
I refer to the composition of the Senate Standing Committee on Constitutional and Legal [More…]
Out of those days which the Opposition seeks to allocate for tht Committee on Constitutional and Legal Affairs we on this side have committed the Chairman of the Committee and ourselves to 4 days of sitting. [More…]
I seek leave to make a statement in my capacity as Chairman of the Senate Standing Committee on Constitutional and Legal Affairs concerning the reference by the Senate to that Committee of the Compensation (Commonwealth Employees) Bill 1973. [More…]
That at the end of the motion for the second reading be added the words ‘but in the opinion of the Senate this Bill should be referred to the Senate Standing Committee on Constitutional and Legal Affair’s for consideration and report on 1st May 1973’. [More…]
That the time for presenting the report from the Senate Standing Committee on Constitutional and Legal Affairs on the Compensation (Commonwealth Employees) Bill 1973 be extended to Thursday, 10th May 1973. [More…]
That Bill in the Australian Parliament followed a discussion at a meeting in London in December 1952 on the Royal style and titles, having regard to the constitutional relationship then existing between the Prime Ministers and other representatives of Commonwealth countries. [More…]
Further it is our view that one of the ancient references - ‘Defender of the Faith’ - has no historical or constitutional relevance in Australia. [More…]
The Privy Council (Limitation of Appeals) Act 1968 abolished appeals from the High Court to the Privy Council in all constitutional, federal and territory matters. [More…]
This leaves aside questions as to the limits Inter se of the constitutional powers of the Commonwealth and the States. [More…]
In the great tradition of British constitutional monarchy, we march still from precedent to precedent - albeit with a (firmer, more, self-confident, more purposeful tread than ever before. [More…]
Such a committee should have as its main aim the advancement of political responsibility and constitutional reform for the Legislative Council of the Northern Territory. [More…]
After the words ‘subject to the following modifications’, insert ‘(aa) paragraph (1), after the words report on’ insert ‘the advancement of political responsibility and constitutional reform for the Legislative Council of the Northern Territory and’. [More…]
The aim of the previous Government was constitutional reform for the Northern Territory. [More…]
They will not, however, permit any State Government or State agency to frustrate the clear will of the Australian people recorded so overwhelmingly in the 1967 Referendum that the national Government should assume constitutional responsibility for Aborigines and Torres Strait islanders. [More…]
My advisers will not hesitate to use these full constitutional powers granted by the Australian people in asserting and establishing the national will on this matter. [More…]
If one looks at the constitutional situation I should imagine that one would say that the Queen is in a way part of the State Parliaments in the same way that she is part of this Parliament. [More…]
President Tito is reported to be planning to reduce this body to 6 members in the next round of constitutional amendments to increase its efficiency. [More…]
That Committee found that the constitutional concepts underlying the legislation were inconsistent with what should be the proper constitutional relationship between the Parliament and executive. [More…]
With the alleged dichotomy of constitutional powers, there is a lack of effective supervision and co-operation. [More…]
One was the rather complex constitutional position in Australia. [More…]
Mr President, I would like to present a statement on the constitutional development of Papua New Guinea. [More…]
Constitutional difficulties would necessarily arise in an attempt to discipline and control the pollution of such streams. [More…]
of the Bill has been inserted following the examination of the clauses of this measure which was conducted by the Senate Standing Committee on Constitutional and Legal Affairs when this matter was before the Senate in late 1971. [More…]
If the reference to Imperial Acts is removed, the situation which existed before the Standing Committee on Constitutional and Legal Affairs looked at this matter will be sustained, and that will have the effect that the various provisions of the Army Act of the United Kingdom and the Naval Discipline Act of the United Kingdom would not apply. [More…]
This was set out in the report of the Standing Committee on Constitutional and Legal Affairs in December 1971: [More…]
The Compensation (Commonwealth Employees) Bill was referred to the Senate Standing Committee on Constitutional and Legal Affairs, which is chaired by a Government senator. [More…]
It will drive the Government into a position where it will seek, by every constitutional means, to correct what is happening. [More…]
I am told that the constitutional position is that because newspapers which circulate in a State are registered under an Act of Parliament of that State the Commonwealth has no jurisdiction at all over newspapers or newspaper articles which might appear from time to time. [More…]
The Committee will report on the need for constitutional reform including the delineation of Federal and State jurisdiction in labour relations and the limitations of Commonwealth power. [More…]
Constitutional Limitations [More…]
No single legislative body, State or Federal, is capable of dealing with all the legal questions involved or of propounding a solution that will hold in every industrial jurisdiction, under present constitutional arrangements. [More…]
As I have said, it was the Liberal-Country Party coalition Government which proceeded with the gerrymander in 1965, despite the fact that the Parliament - I think in 1956 - had set up the Joint Committee on Constitutional Review with the express purpose of investigating electoral reform in this country. [More…]
So the amendments contained in this Bill are not the brain-child only of the Australian Labor Party; they are the brainchild of the Joint Committee on Constitutional Review which tabled its unanimous report on these 2 questions on 26th November 1959. [More…]
The Committee concluded that the absence of constitutional guarantees in the Commonwealth Constitution had not prevented the rule of law from characterising the Australian way of life. [More…]
Instead, the Committee considers it appropriate, at this stage of Federal history and having regard to recent and contemporary world events, to recommend a constitutional amendment to protect the position of the elector and the democratic processes essential to the proper functioning of the Federal Parliament. [More…]
Just as I wanted the record to be right about the Joint Committee on Constitutional Review, I would like for the benefit of future research to read into the Hansard report the Labor Party’s platform on electoral reform. [More…]
I have told the Senate about the report of the Joint Committee on Constitutional Review and I have told it about the Australian Labor Party point of view. [More…]
But once the class of voters is chosen and their qualifications specified, we see no constitutional way, in which equality of voting may be evaded. [More…]
I have referred to the Joint Committee on Constitutional Review, the philosophy of the Australian Labor Party, the expert and learned legal opinion of the High Court of Ireland and that of the Supreme Court of the United States of America. [More…]
I speak of the principles that have been recommended to the Parliament by the Joint Committee on Constitutional Review. [More…]
What this Government is asking the Senate to do tonight is exactly the same as was recommended by the Joint Committee on Constitutional Review in 1959. [More…]
The legislation before the Senate tonight affords a wonderful opportunity to carry out a recommendation of the Joint Committee on Constitutional Review which was unanimously supported by every person associated with that Committee. [More…]
So that if Senator Drake-Brockman and other honourable senators opposite find something outrageous or reprehensible about (he Tasmanian quotas, one would have expected that in the 23 years during which they sat on the Treasury bench they would have done something in the way of sponsoring constitutional reform. [More…]
We know that there is no suggestion in their criticism of the amendments that we are putting before the Senate that the cure for the Tasmanian question is that there should be constitutional reform. [More…]
I suppose that one would hope in vain to hear from Senator Wright - that doughty champion of the rights of Tasmania - any suggestion that the number of seats in Tasmania should be reduced by amendment, constitutional reform or any other method. [More…]
The recommendation that we of the Labor Party are putting forward is in line with a recommendation of the Joint Committee on Constitutional Review as long ago as 1959. [More…]
J state for the benefit of those honourable senators such as Senator James McClelland, who sneered and said that Senator DrakeBrockman did not know the Constitution, that there is no constitutional provision for the representation of the Northern Territory. [More…]
1 remember the Joint Committee on Constitutional Review of 1959. [More…]
As I reminded the Senate last night, the Joint Committee on Constitutional Review reported on this matter in 1959. [More…]
In his contribution to the debate last evening Senator Carrick painted a false picture when he endeavoured to create the impression that the evidence of one of the witnesses before the Joint Committee on Constitutional Review represented the view of that Committee. [More…]
One has only to look at the draft constitutional alterations suggested by that Committee to see that I am correct. [More…]
We have heard a tirade of abuse from Senator Carrick - a performance for which he is becoming notorious in recent times - suggesting that there is something ulterior about the Labor Government’s attempt to implement the all-Party recommendations of the Joint Committee on Constitutional Review. [More…]
But to suggest that the Labor Party is committed to a firm policy on this matter, that it is seeking to ignore the expressed will of the people and that it is seeking to bring about a situation where there will be elected a government that will not reflect the will of the people is quite contrary to the expressed views of the Leader of the Labor Party, of the platform of the Party and of the Joint Committee on Constitutional Review which found sufficient weight of evidence to make a unanimous recommendation to the Parliament in 1959. [More…]
Fourteen years have elapsed since the report of the Joint Committee on Constitutional Review was tabled in this place. [More…]
Indeed, despite what Senator Carrick of the Liberal Party had to say last night, a 10 per cent electoral tolerance was recommended by the all-Party Joint Committee on Constitutional Review, which was set up in 1956 and which reported to the Parliament in 1959. [More…]
I remember the Joint Committee on Constitutional Review of 1959. [More…]
The policy states that the recommendations of the Joint Committee on Constitutional Review will be implemented by a Labor Government. [More…]
The Parliamentary Joint Committee on Constitutional Review to which 1 have already referred was not particularly happy about that type of gerrymander. [More…]
The Committee concluded that the absence of constitutional guarantees in the Commonwealth Constitution had not prevented the rule of law from characterising the Australian way of life. [More…]
Instead, the Committee considers it appropriate, at this stage of Federal history and having regard to recent and contemporary world events, to recommend a constitutional amendment to protect the position of the elector and the democratic processes essential to the proper functioning of the Federal Parliament 329. [More…]
Why do not they agree with what was recommended by the independent authority in 1959, the Joint Committee on Constitutional Review set up by this Parliament? [More…]
On this occasion I am sorry that I cannot agree with the way in which he referred to the report of the Joint Committee on Constitutional Review. [More…]
Does it mean that the Prime Minister intends to provoke a constitutional crisis? [More…]
The Government has placed great emphasis on the fact that it has taken the terms of the Bill from the report of the Joint Committee on Constitutional Review. [More…]
The Minister for Services and Property in another place and his representative here, the Attorney-General (Senator Murphy), have rested their argument for this on what they call the recommendations of the Joint Committee Constitutional Review. [More…]
I return, to support the remarks I have just made, to the Joint Committee on Constitutional Review. [More…]
It was said that 1 was a member of the Joint Committee on Constitutional Review which reported in 1959 and that one of the recommendations of that Committee to which I subscribed was that the margin of difference from the quota should be one-tenth. [More…]
That gives support to the expert opinion which was given to the Joint Committee on Constitutional (Review. [More…]
Each of the agreements is subject to ratification in accordance with the constitutional requirements of each country and is to enter into force on the day on which the instalments of ratification are exchanged. [More…]
The Indonesian Government has in fact already taken the constitutional steps necessary for their ratification of both the 1971 and 1972 seabed agreements. [More…]
Where before in Australian constitutional history could a government rely on a pronouncement by the [More…]
So severe and so dramatic have those stresses been, and into so many areas do they intrude, that the States have called for a constitutional convention to take a completely new look at the Constitution to see whether some more equitable and more effective distribution of constitutional power cannot be achieved. [More…]
If this convention is to be held with the maximum goodwill and if it is to achieve a proper constitutional reconciliation and a proper constitutional division of powers, that can only be accomplished in an atmosphere of mutual goodwill. [More…]
Therefore it would relate to the constitutional position of marriage. [More…]
I would doubt whether in a Bill such as this we have the constitutional right to alter the legitimacy of children for the purpose of inheritance. [More…]
Then we have, the point, which lawyers can take up much better than I can, as to whether the Bill is subject to constitutional challenge and whether it might not be set aside under some particular Acts that might be dredged up. [More…]
That view was identical with the recommendation that was put forward by the Joint Committee on Constitutional Review as far back as 1959. [More…]
He spent half his time quoting from the report of a committee - I think it was the report of the Committee on Constitutional Review - about the need to integrate and co-ordinate transport in Australia. [More…]
Though the constitutional link has not yet been severed, we shall increasingly consider our policies towards Papua New Guinea not in any nostalgic colonial sense, but as though we were already dealing with a fully independent state. [More…]
To those of the Left or the Right who preach in Australia the doctrine of violence, I have only this to say: I shall use unremittingly and support without qualification my colleagues who join me in using the Constitutional and Institutional powers invested in my Government to end political violence in Australia.’ [More…]
Clearly the Commonwealth does have sovereignty in these areas under its constitutional powers relating to foreign affairs and defence. [More…]
It is a sensible attempt to have clarified a field of constitutional power around which some mists have gathered over the years. [More…]
One would have thought that all the issues concerned in this matter had been abundantly canvassed and considered by members and senators from both sides of the respective chambers and that everybody - constitutional authorities, academics, State Premiers and the public at large - had had ample opportunity to say what he thinks for and against this measure. [More…]
Therefore, the continental shelf is the product of an exercise by the Australian national Government of its constitutional powers in respect of external affairs, and it seems to me to be impossible to deny that this Parliament has power to legislate for what may be found - whether petroleum or minerals - within that continental shelf. [More…]
I believe that it would be readily conceded that, according to constitutional doctrine for the last 40 years, every State has had power to make laws of an extra-territorial operation in regard to anything that affects the peace, order and good government of a State, in most cases out as far as the continental shelf. [More…]
The only thing is that the States’ authority in that respect would always be subject to the overriding authority of the Commonwealth, if the 2 governments make laws within the authority of their own constitutional powers. [More…]
I believe that from the point of view of the exploitation of minerals and petroleum, there can be very little question as to the Australian Parliament having constitutional power to exploit the continental shelf. [More…]
If the Press would only look at the thing in perspective it would see that this Bill does not threaten the fundamental constitutional powers of the States. [More…]
It believes that the features of the constitutional conception underlying the Petroleum (Submerged Lands) legislation to which it has taken objection arise directly because the issue of contitutional authority has not been resolved. [More…]
It is not in the national interest ultimately for questions of constitutional authority where uncertainty exists to be put aside - in fact to the exclusion of the High Court which in the constitutional framework is charged wilh their determination and, in effect, as the Committee has indicated, to the exclusion of effective Parliamentary decision. [More…]
So that Committee, a most able Committee representative of all sections of the Senate, found that that type of legislation denies true ministerial responsibility and excludes from the Constitution the proper resolution of constitutional powers by the High Court of Australia. [More…]
Then, having the expressed will of the Parliament, let the States argue their contention before the constitutional tribunal, the High Court. [More…]
Therefore, on the motion of the Opposition, the matter was referred to the appropriate Senate Standing Committee - the Standing Committee on Constitutional and Legal Affairs. [More…]
The Liberal Party, in its consideration of the matter, has agreed that, in the light of the report of the Senate Standing Committee on Constitutional and Legal Affairs and the disclosure of the exact details of the quantum of some of the benefits conferred by this legislation, the Bill requires further examination because the provisions in it are enormously out of step with all other forms of compensation for death or injury which exist in Australia at the present time. [More…]
It is quite clear that the Commonwealth Parliament, in the exercise of its constitutional powers, enacted the Telephonic Communications (Interception) Act which was intended to cover and to state exhaustively the circumstances in which telephones could be tapped - to use the popular expression - by authority. [More…]
The Commission was established and for some reason it was found to be not constitutional. [More…]
The Commission was in conflict with the proper separation of power because it was given certain functions which would not stand up constitutionally. [More…]
I doubt very much whether this procedure is constitutional where it involves payments to the States. [More…]
Being an item of new policy it is required by our constitutional practice to be introduced in the amendable Bill. [More…]
In our constitutional situation that would require the Government to force the measure through here or go to the country. [More…]
In my submissions I referred only to constitutional principles that should govern the presentation of Appropriation Bills, particularly in regard to those that present new policy expenditure for the first time. [More…]
That is not in accordance with proper constitutional practice. [More…]
Are the States in an area such as housing, which it is their constitutional right to administer, to be dictated to in this way? [More…]
If the Labor Party wishes to talk about mandates let it take into account the other side of the coin which is that there is a clear mandate, at least as far as the Victorian Government is concerned in respect of its constitutional right to govern its own housing. [More…]
I suggest that the Bills are yet another example of the product of a government which is determined to take from the States the right to determine their future even in areas in which they have clear constitutional power to determine their future. [More…]
These constitutional developments were in accordance with section 122 of the Constitution which provides, in part: [More…]
The term provided for each of these Territorial senators is not 6 years, the constitutional period for State senators, except in the case of double dissolution. [More…]
The Government has adapted the method which was unanimously agreed to 15 years ago by the Constitutional Review Committee, upon which all parties in the House were represented. [More…]
The decision to bring the elections of Territory senators into line with those of the House of Representatives is in accordance with the Constitutional Review Committee’s findings. [More…]
The general aspect of SEATO is that each constituent state will take note of a situation and act within its own constitutional situation. [More…]
(Before we all get carried away with these wild accusations you of all people being a former Treasurer and Privy Councillor should realise that there are financial limitations besides other legal and constitutional provisions which would prevent such situations, and therefore your public acceptance of this nonsense astounds me. [More…]
Another point to which I referred when the matter was last before us was that we had referred this Bill to the Senate Standing Committee on Constitutional and Legal Affairs for report. [More…]
Some examples are given in the supplementary report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
May I refer to one or two things which appeared in the supplementary report of the Standing Committee on Constitutional and Legal Affairs on this Bill. [More…]
That amount is substantially less than the figure of $211,000 quoted in the report of the Standing Committee on Constitutional and Legal Affairs. [More…]
Some other related and more minor matters are raised in the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Mark this - in the light of the report of the Senate Standing Committee on Constitutional and Legal Affairs and the disclosure of the exact details of the quantum of some of the benefits conferred by this legislation, the Bill requires further examination because the provisions in it are enormously out of step with all other forms of compensation for death or injury which exist in Australia at the present time. [More…]
Are there not in the House of Representatives people who are capable of understanding the terms of this Bill without having them pointed out to them by the Senate Standing Committee on Constitutional and Legal Affairs? [More…]
The honourable senators who subscribed their names to the supplementary submissions appended to the Report on the Compensation (Commonwealth Employees) Bill, 1973 presented by the Senate Standing Committee on Constitutional and Legal Affairs stated - I take it with approval: [More…]
Standing Committee on Constitutional and Legal Affairs to which this matter was referred and I do not wish to canvass the matters which were canvassed by the Committee. [More…]
However, we do feel that the nature of the controversial provisions is such that they require further examination and that, in view of the close scrutiny which these provisions received in the Senate Standing Committee on Constitutional and Legal Affairs- [More…]
When this matter was being debated on 12 April and when, on the motion of the Opposition, the Bill was referred to the Senate Standing Committee on Constitutional and Legal Affairs for a report, I stated - my remarks appear at page 1080 of Hansard - that: [More…]
We favour the decision taken by the Senate some time ago that this matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That in substance has been the main objection of the Standing Committee on Constitutional and Legal Affairs. [More…]
One of the great problems which the Senate has found with this Bill is that when the Senate Standing Committee on Constitutional and Legal Affairs considered the Bill it became apparent that the Opposition would wish to move a large number of amendments. [More…]
Surprisingly, Senator Byrne, who was a member of the Senate Standing Committee on Constitutional and Legal Affairs which reported on this Bill, has now moved what amounts to another adjournment of the consideration of this Bill. [More…]
The terms ‘subject’ and ‘citizenship’ denote the same status when they are applied to countries which might be described as constitutional monarchies. [More…]
One thing that stands crystal clear is the constitutional aspect of the Queen and her Ministers. [More…]
Therefore, it is a clear cut area of responsibility between a government having a mandate and a constitutional monarch accepting that fact. [More…]
We all know the constitutional situation; it is quite clear. [More…]
We are now writing local government into a new place within the Australian Federation, not perhaps in any formal constitutional sense, but pragmatically as a situation which is accepted and which from now on will be acknowledged. [More…]
If it is wished to control such a waterway for the purpose of obviating pollution or controlling pollution there are grave constitutional difficulties and grave differences between various local government authorities. [More…]
Of course, although the States are sovereign in the constitutional sense, if they become applicants to the Grants Commission and recipients of special grants, their budgets also are subject to inspection and scrutiny by the Grants Commission. [More…]
I would have liked to see this matter thrashed out at the constitutional convention which will commence later this year rather than to have it start off on this basis. [More…]
The other disability is that there is no constitutional guarantee in the Northern Territory that just terms will be provided. [More…]
It is fervently to be hoped that the present Senate will not sign its own death warrant by passing this piece of constitutional chicanery. [More…]
The addition of 4 territorial senators would, I believe, upset the balance and the constitutional role of the Senate as a States House. [More…]
It is a chamber in which the States, considered as separate entities, are represented in such a way as to enable them to protect their constitutional rights against invasion and to advocate their peculiar and special interests. [More…]
The question of Territory representation in the Senate, and indeed in Parliament generally, was the subject of considerable debate at the constitutional convention and also in the United States of America, on the Senate of which country our Senate was so closely modelled. [More…]
There are some doubts as to the constitutional validity of this legislation. [More…]
It appears to me, one who is not a constitutional lawyer, and no doubt if this legislation is passed the constitutional lawyers will argue, that there is some conflict in the Constitution because, as already mentioned by Senator Jessop, section 7 of the Constitution says: [More…]
At one stage the Minister for Services and Property (Mr Daly) said that there were some legal and constitutional problems to be solved. [More…]
I think if we are to show clearly why we oppose this legislation we should have a look at the interpretation or the com mentary on the Convention debates by these very distinguished Australian constitutional lawyers and have a brief look, if time permits, at the report of the United States House of Representatives Committee on the Judiciary, particularly the 3 powerful minority reports which convinced Congress that territorial representation in the Senate should not be granted in the United States. [More…]
They are so represented for the purpose of enabling them to maintain and protect their constitutional rights against attempted invasions . [More…]
Equality of representation, it is argued, is a natural corollary of State representation, because the colonies were, prior to federation, politically equal; equal in constitutional power and status, although not necessarily equal in territory or population. [More…]
Here we have the view of these distinguished Australian constitutional lawyers. [More…]
So here we have quite clearly interpreted the intention of the constitutional founders of this country. [More…]
We can relate this to our own Senate - is an assembly of States and it is a deep concern of many of my colleagues that representation in the Senate by political entities other than States presents so fundamental a change of concept as to destroy the present constitutional character of that body. [More…]
We on this side of the House believe that these arguments are equally applicable to Australia and the Opposition holds strongly and firmly to the view that the representation in the Senate of the Australian Capital Territory and the Northern Territory would undermine the constitutional rights of the States. [More…]
The Founding Fathers ensured that the constitutional rights of the States were maintained and protected by providing in the Constitution equality of representation of the original States on the basis that the colonies prior to [More…]
There was no hesitation whatsoever by the Government in introducing the seas and submerged lands Bills, which have real constitutional significance to the States. [More…]
The Senate of the United States is an assembly of States and it is the deep concern of many of my colleagues that representation in the Senate by political entities other than States presents so fundamental a change of concept as to destroy the present constitutional character of that body. [More…]
We see that the Australian Government has joined with the States in having a constitutional convention to discuss the matters which affect the Government and the States and in order to balance the functions and the finances of the States, the Australian Government and local government. [More…]
We see also in regard to the third-tier of government the insistence by the present Government that local government be brought into the constitutional convention and that there be proper regard to its important role in the affairs of the Commonwealth. [More…]
The Prime Minister asked the Presiding Officers whether they could provide Hansard reporters to report the Constitutional Convention in Sydney next week. [More…]
It is intended that the work of the Centre will be especially concerned with intergovernmental financial relations - including the problems of local government - with special reference to expenditure functions, inter-governmental co-operation, taxation and loan finance, grants, and constitutional issues affecting financial relations. [More…]
Unlike the redistribution which the Government wishes to hold following changes to this Electoral Act, the 1977 redistribution would be a constitutional requirement similar to the present redistribution taking place in Western Australia. [More…]
It is they which, with Her Majesty, are able to express in form of law the appropriate description of the constitutional position of the Queen. [More…]
The omission of ‘Defender of the Faith’, as was said on an earlier occasion, has the purpose of removing a reference which has no historical or constitutional relevance for Australia. [More…]
What progress has the Government made in its endeavours to have local government officially represented at the Constitutional Convention to be held next week in Sydney? [More…]
I think it is proposed also that the representatives of local government would be able to speak on all matters of direct constitutional financial interest to local government and on any other matters on which the Convention resolved that they should speak. [More…]
Why does this Government not do the right thing and admit straight out that it does not have the constitutional power to control prices? [More…]
The Government should have the sense to admit that it does not have constitutional power to control prices. [More…]
We came up against constitutional problems as well as a reluctance on the part of New Zealanders, with some exceptions, to submit evidence. [More…]
After the words ‘subject to the following modifications - ‘, insert - “(aa) paragraph (1), after the words report on’, insert ‘the advancement of political responsibility and constitutional reform for the Legislative Council of the Northern Territory and’ “ [More…]
Such a committee should have as its main aim the advancement of political responsibility and constitutional reform for the Legislative Council of the Northern Territory. [More…]
Certainly, my Party emphasised at that time that the most important matter that the Committee should devote itself to was the ongoing constitutional reform for the Northern Territory. [More…]
The Minister for the Northern Territory, Mr Kep Enderby announced today that Cabins Had approved that he ask the Joint Committee on the Northern Territory, when formally constituted, to undertake a a matter of priority a comprehensive inquiry into the Territory’s constitutional development. [More…]
Mr Enderby said that there appeared to be support for the principle of having a Parliamentary Committee Report on the constitutional future of the Northern Territory. [More…]
The Opposition was moved to have an inquiry into Constitutional Reform for the Legislative Council included in the Senate Resolution for the Committee’s appointment’ he continued. [More…]
Perhaps it is as well that I have this document in my hand because it assures me that the Government will agree that the first reference to the Committee shall be a reference on constitutional development. [More…]
So I must take it that the Minister will be incorporating the statement which is headed: ‘Joint Committee on the Northern Territory - Draft Terms of Reference for Inquiry into the Constitutional Development of the Northern Territory’. [More…]
JOINT COMMITTEE ON THE NORTHERN TERRITORY- DRAFT TERMS OF REFERENCE FOR INQUIRY INTO THE CONSTITUTIONAL DEVELOPMENT OF THE NORTHERN TERRITORY [More…]
I can assure him that the people in the Northern Territory feel considerable concern about whether this supposed reference to inquire into constitutional development is really, in some manner or other, an attempt to tie down the Legislative Council. [More…]
I hope that with the establishment of the proposed joint committee, now that it has been prompted by action taken in the Senate a few months ago, it will investigate the constitutional development of the Territory. [More…]
I hope that before Senator Webster goes out of this place he will stand on his feet in this House and say that the Committee has done its work in the very way the Minister wants it done, that is, to give constitutional reform to the people of the Northern Territory, which was lacking for so many years under the Government which the honourable senator supported. [More…]
It is very difficult for me, of course, to give those undertakings, but I think it ought to be said that if we read the original amendment which Senator Webster moved and which he has now withdrawn, we will see that he speaks there of constitutional reform. [More…]
But as we see in the first paragraph of the amendment which I have moved the wording of the amendment is, I think, of such reasonableness as to include the constitutional reform included in the honourable senator’s amendment. [More…]
The word ‘constitutional’ does not, of course, appear, but I think that is a fair interpretation. [More…]
I refer to the decision made last week at the Constitutional Convention whereby, I gather, the Australian Government proposes to hold a referendum aimed at amending the Australian Constitution to enable powers to be referred by this Parliament to State Parliaments. [More…]
There was some mention by the Prime Minister at the Constitutional Convention of retail sales tax. [More…]
It is not at this stage committed to the adoption of its recommendations and will be continuing with its examination of it, including the constitutional issues which it raises. [More…]
If he swears allegiance to Australia it must be made clear that this sworn allegiance is legal, formal, constitutional and complete. [More…]
This question could be important because one could visualise a situation where, if matters are not done in constitutional form, perhaps at some time when some person is charged as was Sir Roger Casement, in order to establish his position he would go back to the treason laws applying in the reign of King Edward II. [More…]
Constitutional conventions have taken place since the enactment of the Statute of Westminster and they are referred to in the preamble to the Statute of Westminster, lt states: [More…]
The Crown is the symbol of the true association of the members of the British Commonwealth of Nations, and as they are united by a common allegiance to the Crown it would be in accord with the established constitutional position of all the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Royal Style and Title shall hereafter require the assent as well of the Parliament of all the Dominions as of the Parliament of the United Kingdom. [More…]
The constitutional convention was therefore recognised by the Statute of Westminster that all members of the British Commonwealth should agree to any of the changes made in respect of the Royal Style and Titles. [More…]
In the present stage of development of the British Commonwealth relationship, it would be in accord with the established constitutional position that each member country should use for its own purposes a form of the Royal Style and Titles which suits its own particular circumstances and retains a substantial element ‘which is common to all ‘. [More…]
Section 17 of the Acts Interpretation Act dennes constitutional terms including, inter alia, ‘the Commonwealth’ and ‘Australia’. [More…]
The implications of section 8 of the Statute of Westminster, read together with the preamble of the Act- that is the Constitution Act- and the covering clause 2 of that Act, raise the constitutional question whether it is possible for Australia in these circumstances to evolve an Act of succession. [More…]
The matter is not only a question of constitutional law; it is also a question of great historical significance. [More…]
The Prime Minister was quite correct in pointing out that, so far as Australia is concerned, in both constitutional practice and constitutional law in the strict sense, the succession is determined by the Succession to the Throne of the United Kingdom. [More…]
In other words, the oath that we take in this Parliament is an oath of personal allegiance to the Queen, and obviously it is in strict constitutional terms because, as I say, that is an oath to the Queen of Australia in the only terms in which constitutionally it may be taken or an affirmation may be made. [More…]
Therefore, I think that lightly to dismiss this matter as of some sentimental attraction without examining the constitutional implications of it is extraordinarily dangerous. [More…]
It is not competent for this Parliament to create a succession in the terms in which it must be adopted and proclaimed to make it constitutionally and legally viable in this Commonwealth. [More…]
Here again we get that firm proclamation of the only basis on which the sovereignty of the Queen in Australia can legally and constitutionally rest. [More…]
I know of this new insistence on the concept of Australian nationalism, which is so important and acceptable; nevertheless we cannot afford to disregard particularly the constitutional implications while we may be prepared- for the reasons which have been suggested- to lay aside the historical background. [More…]
Therefore when the Senate insists, as Senator Davidson proposes, on the amendment as originally proposed and rejected by the House of Representatives, I submit, on the authorities which I have quoted and on the recitation of the history of the constitutional position, that the amendment reflects the constitutional position in the personalisation of the Queen in her right and title as sovereign of the United Kingdom. [More…]
It meets the constitutional demand that we accept, that is, that Queen Elizabeth is Queen of Australia in her right and title as Queen of the United Kingdom. [More…]
For the reasons I and Senator Davidson have enunciated I think that the Senate must insist on the amendment as originally projected as fulfilling the constitutional and sentimental requirements of this nation. [More…]
I am now expounding the views of the Democratic Labor Party on the constitutional and legal position. [More…]
But it is the seriousness of the constitutional defects to which we draw attention. [More…]
When I speak of allegiance I refer to the formal and constitutional - [More…]
As I see it the allegiance which a prospective citizen of Australia accepts is the allegiance which is formal and constitutional and which, as a matter of law, he owes to the society of which he is conscientiously and deliberately becoming a citizen. [More…]
But in terms of formal constitutional relationships and the obligations which the law imposes, I think we should insist, as far as we are able, upon Australian citizenship. [More…]
I turn to the point raised bv Senator Byrne, which, he will be the first to admit, is a matter of constitutionality. [More…]
I am certainly not a constitutional lawyer. [More…]
I should have thought that he, among others, would have given consideration to the validity or otherwise of the Bill insofar as the constitutional position is concerned. [More…]
-Prior to the suspension of the sitting I had dealt with the point made by Senator Greenwood about dual citizenship, and I was dealing with the point made by Senator Byrne about the constitutional doubt on the validity of the proposed oath of allegiance. [More…]
I had pointed out that the Bill had been drafted by the Parliamentary Counsel and that, as far as I know, he did not question or call into question the constitutional doubt about the validity of the Bill. [More…]
-As I have said, I am not a constitutional lawyer. [More…]
What we query is the technical situation as to whether there is not some constitutional invalidity in the non-reference to the queen as ‘Queen Elizabeth the Second’. [More…]
The Prime Minister was quite correct in pointing out that so far as Australia is concerned in both constitutional practice and constitutional law in the strict sense the succession is determined by the succession to the throne of the United Kingdom. [More…]
The proposition which we originally proposed and which we now restate and to which we adhere, that the form should be ‘Queen Elizabeth the Second, Queen of Australia’, to my mind resolves the constitutional doubt and predicates the affirmation of Queen Elizabeth the Second as Queen of Australia and therefore satisfies the growing national concern for an Australian national image and stature. [More…]
Senator Byrne, speaking as a lawyer, says there may be some doubt about the constitutionality of that proposal. [More…]
The Government believes that there is no doubt about the constitutional validity of the situation and therefore we press the amendment. [More…]
It is a question of constitutional law and the constitutional situation. [More…]
A constitutional point could be raised that the form of allegiance was constitutionally unavailable. [More…]
Senator Byrne, I think in all sincerity, said that there is some doubt in his mind as to whether this is constitutional. [More…]
The question is whether we have legal constitutional power to do this. [More…]
But in the course of expressing that support I feel that it is appropriate to draw attention to some considerations which I think are highly pertinent both as to the constitutional implications of what has been done and also to the method by which this change has been achieved. [More…]
Whereas it was recited in the preamble to the Statute of Westminster, 1931 that it would be in accord with the established constitutional position of all the members of the British Commonwealth of Nations in relation to one another that any alteration in the law touching the Royal Style and Tides should, after the enactment of that Act, ‘require the assent as well of the Parliaments of all the Dominions as of the Parliament of the United Kingdom’: [More…]
And whereas it was concluded by the Prime Ministers and other representatives that, in the present stage of development of the British Commonwealth relationship, it would be in accord with the established constitutional position that each member country should use for its own purposes a form of the Royal Style and Titles which suits its own particular circumstances but retains a substantial element which is common to all: [More…]
The constitutional position cannot be changed. [More…]
The constitutional position is quite clear. [More…]
The purpose of a Royal Style and Titles Bill is to ensure that the way in which the monarch is referred to is consonant with the constitutional position, the legal position and the aspirations of the nation. [More…]
But we are now in the twentieth century and a great continent at the other end of the earth is considering its constitutional system and how we will face the challenges of our time. [More…]
In the legal and constitutional sense- in the Constitution as we are required to observe it- that does not happen, and that is the proposition we have propounded. [More…]
This is one of the reasons why, central to the considerations of the Constitutional Review Committee last week was the problem of enabling the national Parliament and Government to have adequate powers to manage the economy. [More…]
But of course the Government goes onto the public platform and says that it lacks the constitutional power. [More…]
I remind the Senate that it was the parliamentary Labor Party which is now the Government of the day that agitated to see that local governments would be represented at the historic Australian Constitutional Convention, the first session of which has just concluded. [More…]
I believe that despite the Australian Constitutional Convention we will continue to remain as one. [More…]
The Constitutional and Legal Affairs Committee of the Party certainly did so. [More…]
He said that the Australian Government could seek a constitutional change by referendum, but acknowledged that the process takes some months, the number of months depending upon the attitude taken by the Senate. [More…]
This was the basic approach taken by the Prime Minister at the Constitutional Convention in Sydney a fortnight ago. [More…]
These are constitutional matters in the strictest sense. [More…]
-The Liberal-Country Party Opposition talks about what it would do about inflation; but what will it do when it gets the opportunity to do something about the constitutional situation? [More…]
As I say, we have had a look at the constitutional position in relation to prices. [More…]
Just over 2 weeks ago the Prime Minister (Mr Whitlam) put the proposition to the State Premiers at the Australian Constitutional Convention to give the Commonwealth power to control prices. [More…]
He again raised it at the Australian Constitutional Convention. [More…]
But the gravamen of their objection to this Bill is that they oppose the Australian people being given the opportunity to express, by referendum, their opinion, as to whether or not the democratically elected Parliament of Australia should have constitutional power over prices. [More…]
Therefore they will fight any move to give the central Government further constitutional powers. [More…]
The Prime Minister took over- quite rightly, because he is the elected Prime Minister- being in charge of the arranging of the Constitutional Convention which had been mooted by State Premiers and the previous Government and which was held in Sydney early this month. [More…]
But, unfortunately, it would appear that the Constitutional Convention, which was a pipe opener for the needed consideration of required constitutional amendments, turned into a mini Premiers Conference. [More…]
But it is a fact that the master, who had said that there would be no more Premiers Conferences, turned the Constitutional Convention into a mini Premiers Conference and that nothing to dampen the fires of inflation resulted from that meeting. [More…]
A celebrated statesman of earlier years, when stating why constitutional amendments had a long history of defeat, said that it was obvious that they always would have because of the way the Constitution was set up. [More…]
Let me remind the Senate of what the Prime Minister told members in the other place and what Senate Murphy told us last night about what took place at the Australian Constitutional Convention. [More…]
We have said that the Australian Parliament should have the constitutional power to control prices. [More…]
But all honourable senators on the Government side know that without constitutional power the Prices Justification Tribunal, although very nice, is really worth very little. [More…]
Has the Minister’s attention been drawn to reports that the Chilean military junta is executing and torturing supporters of the late constitutional head of State, President Allende? [More…]
As these persons support social change by constitutional means, does not the persecution of” Chilean citizens offend democratic procedures? [More…]
The message which was forwarded with the Bill requests the Senate to concur in the view that the people should be asked to express an opinion promptly on a constitutional alteration. [More…]
Before I do so, I suppose that we ought to make up our minds whether we are to have a debate on this motion for the next 2 or 3 hours instead of getting on with the debate on the Constitutional Alteration (Prices) Bill. [More…]
Last Monday it was regarded as an important constitutional matter by the Government and it was forced through the House of Representatives in a couple of hours. [More…]
There is nothing more important than a constitutional decision in Australia and there is a time limit because of the Christmas period. [More…]
It is traditional that a constitutional alteration proceeds with great patience, forethought and preparation. [More…]
Ordinarily a prudent government would enter into consultation with elements of the Parliament to see what degree of support was forthcoming for a constitutional proposition, which should be above party politics. [More…]
I rise to protest against a Bill dealing with a constitutional alteration being shovelled through as if it were sand on a cart to be dealt with by the workmen of the Caucus. [More…]
It is a matter of high constitutional consideration for all elements of Parliament. [More…]
I wonder whether it includes Government charges for services, power, communications, postage and all those things which it is within the power of the Government to vary, I wonder whether prices of that sort are envisaged in the Government’s definition which would be affected by this constitutional alteration. [More…]
But even if this constitutional power was not there, the national Government has full and adequate powers of other kinds. [More…]
Firstly, this Senate, irrespective of the circumstances in which the matter arises for attention, has certain rights attaching to it as a second chamber with constitutional obligations which it should always be prepared to affirm and acknowledge. [More…]
In short, the Senate, in pursuance of its constitutional obligations and conscious of its role as a chamber which is concerned with the rights of the States, considered it proper that there should be consultation between the Australian Government and the States. [More…]
We do not accept the constitutional conclusions which the Government has drawn, but we recognise that ultimately in all of these matters the final determinant, and the very welcome determinant, is the voice of the people. [More…]
But reiterating that view, as I do, I also take this opportunity to put on the record the fact that in the judgment of the Opposition in this place the Senate has not failed to pass the Bills which were introduced on 22 May last and therefore that any constitutional advantage which may be sought by the introduction of these Bills may not avail the Government. [More…]
In effect, he said that he was prepared to use the rights of pensioners as a bludgeon to curtail debate upon the important matter of the constitutional referendum to give the power to the Commonwealth to control prices. [More…]
There were the 1913 Bills which included the Constitution Alteration (Trade and Commerce) 1913, the Constitutional Alteration (Industrial Matters) 1913, the Constitutional Alteration (Railway Disputes) 1913 and the Constitutional Alteration (Nationalisation of Monopolies) 1913. [More…]
Bill dealing with a constitutional alteration in regard to incomes, the Senate could deal with that also. [More…]
He went on to say- and I will not quote him in full- that in his view there was no doubt that the Commonwealth Government had power to do this, and he criticised the former Government for avoiding doing it because it said it lacked the constitutional power to do it. [More…]
-Senator BYRNE (Queensland) (9.48)-I intervene on behalf of the Australian Democratic Labor Party at this point to indicate the attitude of the Party to the Constitutional Alteration (Prices) Bill. [More…]
We want to indicate that what the Government is doing is putting the prospect of constitutional power before the people as an excuse or a substitute for a real policy. [More…]
It has to be suspended because the consideration which one would suppose a constitutional alteration requires has not been given to this proposal. [More…]
Nothing illustrates better this lack of consideration and haste than that the Senate is now asked to suspend a standing order, the sole purpose of which is to allow, that contemplation, that review, that time for consideration, which ought to be given to all constitutional measures. [More…]
It has been thoughtfully put into the Standing Orders because of the unique role that the Senate plays in all constitutional amendments. [More…]
This was put in for the purpose of requiring thoughtful processes to go into the preparation of constitutional amendments, just as the founding fathers in section 128 of the Constitution required that a Bill for the amendment of the Constitution, once passed its third reading stage, should not be impulsively and promptly pumped out to the public for debate tomorrow. [More…]
It is a Constitutional Alteration (Prices) Bill.Ihave indicated that ‘prices’ is a word which hasnot been defined. [More…]
In response to what has been put by Senator Greenwood I say that it seems reasonable for the short title of a- Bill which seeks to insert in section 5 1 of the Constitution the word ‘prices’ to be ‘.Constitutional Alteration (Prices) 1973’. [More…]
more and no less than would be comprehended in the Constitutional alteration. [More…]
It is not in the nature of a constitutional document to give that precision. [More…]
It was the view of the Joint Committee on Constitutional Review, which was set up by this Parliament, that an amendment to the Constitution ought to be made to cover television. [More…]
The important thing to remember all the way through is that what we are dealing with is a broad power, necessarily vague because it is a constitutional legislative power. [More…]
I understood the Attorney-General to say that he hoped, without expressing an opinion, that his interpretation would be that the price of that contract was within this constitutional proposal. [More…]
Is the money instalment payable under hire purchase a price within the terms of this proposed constitutional power? [More…]
This is the line the Prime Minister (Mr Whitlam) took at the Constitutional Convention earlier this month. [More…]
The constitutional power of the Australian Parliament to enact legislation such as that contained in the Bill was clarified by the very important decision of the High Court in what is known as the Concrete Pipes Case. [More…]
Secondly, the amending Bill in the main merely enacts in formal legislative form the de facto situation which has already come about with constitutional development in Papua New Guinea. [More…]
This accords with the normal constitutional position of Papua New Guinea as a selfgoverning territory of Australia. [More…]
The second stage which will culminate in May or June next year will be the consideration and adoption by the House of Assembly of a Constitution prepared by the Constitutional Planning Committee and the subsequent amendment by this Parliament of the Papua New Guinea Act to make the Act consistent with that Constitution. [More…]
The June 1 973 meeting of the United Nations Trusteeship Council endorsed the views of the Papua New Guinea and Australian Governments on the role of the House of Assembly in important constitutional decisions. [More…]
The Council noted the agreement between the Governments of Australia and Papua New Guinea that resolutions in the House of Assembly on important constitutional issues will be by a recorded vote and by a substantial majority representative of the nation as a whole. [More…]
All the Bills concern the constitutional development of another country which in the Government’s view is entitled to be given control over its own destiny. [More…]
Fifteen years ago the Constitutional Review Committee, upon which all parties were represented, recommended that there should be an election for half the senators every time there was a general election for the House of Representatives. [More…]
So it is completely within not only the constitutional power but also the legislative power and ministerial responsibility of that Minister to see that Australia ‘s position in the future is safeguarded. [More…]
Specifically in answer to the honourable senator’s question, after the Senate had carried that resolution I felt that I had a responsiblity to examine the constitutional proprieties and to decide whether the Senate could convey such a message by resolution. [More…]
I satisfied myself that it was constitutionally proper. [More…]
Although the constitutional provision is extremely technical in that it refers to industrial disputes extending beyond the limits of any one State, it is clear that in this case the effects of the industrial dispute are spreading beyond the borders of one State. [More…]
AH were concerned to work out some satisfactory resolution of what was, in essence, an industrial constitutional problem. [More…]
In my view some sort of constitutional change will ultimately have to be faced up to if we are to solve this vexed question raised in the Moore v Doyle situation. [More…]
It may be that without a grant of powers from the States or without a constitutional amendment that situation is insoluble. [More…]
If the agreement were some kind of fraudulent agreement if might be understandablebut are not honourable senators opposite trying to impose as many difficulties, as many troubles, as many technicalities and as much doubt as they can in a field which already has enough of them because of constitutional limitations. [More…]
Is it not a fact that the Senate has the authority to carry out its constitutional rights? [More…]
Again, I lay aside the rare provision of a constitutional change by referendum following the decision of one House alone. [More…]
This interference from Canberra is entirely without constitutional authority. [More…]
We accept that the Tasmanian Government has the sole responsibility for this matter because it has the constitutional powers. [More…]
In spite of the absence of constitutional power to enact the reforms as law, it is open to the federal legislature to authorise the formation of a body for inquiry into law reform. [More…]
So that there will not be duplication and so that the constitutional powers that the Commonwealth sought and received giving it jurisdication over the program of which this Bill is an integral part, this Government has seen fit now to introduce this Bill to provide for arrangements to be made with the States in respect of Aboriginal affairs. [More…]
We know that there are constitutional problems and that it requires legislation at both State and Federal level in order to put into operation the policy of the Labor Government. [More…]
It is a well known constitutional fact that the only areas in which the Commonwealth can legislate are the Australian Capital Territory and the Northern Territory. [More…]
The June 1973 meeting of the United Nations Trusteeship Council endorsed the views of the Papua New Guinea and Australian Governments on the role of the House of Assembly in important constitutional decisions. [More…]
The Papua New Guinea Select Committee on Constitutional Development which is already sitting and working in Papua New Guinea is, I believe, likely to come forward with some proposals in this regard. [More…]
The second Bill is of great constitutional significance and consequence. [More…]
It is unquestionably an important Bill and its constitutional significance should not be underrated. [More…]
In the absence of any decision by that authority which, under the Australian Constitution, has the exclusive right to determine vexing and disputed questions of constitutional law, namely the High Court, it was very difficult to determine which of the 2 authorities had the appropriate jurisdiction. [More…]
I say that it is unlikely that that type of scheme will ever again be presented in this country because the Committee which the Senate appointed, virtually as the condition upon which the legislation passed through the Senate, reported that there were some aspects of constitutional responsibilities in which the legislation was deficient. [More…]
I think the Senate is conscious of the constitutional responsibilities within the concept of ministerial responsibility, and I believe that it would regard that matter as a fundamental matter of importance if legislation of that character was brought forward again. [More…]
It is alleged that the provisions of section 51 placitum 31, which requires land to be acquired on just terms, do not apply to Territories under the control of the Commonwealth and that in respect of Territories such as the Australian Capital Territory or the Northern Territory the constitutional guarantees of section 51 do not apply. [More…]
Because in those 2 Territories the Commonwealth has a plenary power, the normal constitutional guarantees do not run to protect the residents of the Territories. [More…]
While we cannot give residents of the Territories a constitutional guarantee, we believe that there is an obligation on the Parliament to ensure that a Bill applying to Territories does not set out criteria which are not just terms. [More…]
For those reasons and because we think it is highly undesirable that one area of Australia, because it happens to come under Commonwealth jurisdiction and finds itself exempt from some other constitutional requirement, should be able to have a discriminatory administrative policy in this respect, the Australian Democratic Labor Party will oppose the legislation and vote against it. [More…]
If the legislation is rejected in this chamber, we hope that the Commonwealth will reconsider the matter and come to terms with those whose properties are already the subject of compensation discussions and those involved in the other matter and will negotiate on the proper terms in the light of what I would call the principles of equity that should prevail irrespective of the constitutional technicalities. [More…]
The Committee states in its report that it believed that the features of the constitutional conception underlying the Petroleum (Submerged Lands) legislation to which it had taken objection arose directly because the issue of constitutional authority had not been resolved. [More…]
The development of petroleum resources of the off-shore seabed is not the only matter in respect of which constitutional power is important. [More…]
At the present time, the source of authority for these provisions is unknown and will continue to be so until the constitutional question is resolved. [More…]
The first occasion on which the question of constitutional authority arose, namely, the immediate need to provide security of title in search for petroleum resources, was not taken as the opportunity to resolve the question. [More…]
This must remain the situation while the constitutional question is unresolved. [More…]
I leave aside questions relating to fisheries because they have an expressed constitutional backing. [More…]
A Constitutional referendum to enable the Federal Government to control both prices and incomes will be held in December and, within the past 10 months, the Federal Government has sought to restrain inflationary pressures through currency revaluation and across the board tariff cuts on imported goods. [More…]
Perhaps more importantly, the Committee considers that it should withhold further action on prices pending the outcome of the Constitutional referendum to be held later this year. [More…]
The constitutional responsibility for the provision of public education rests primarily with the States, as at present does the major financial commitment. [More…]
It would be hard not to do so because the constitutional realities in Australia, whether people like it or not, are that the States have been given the power by the Constitution in relation to education. [More…]
What has happened with the Schools Commission is a recognition that there is clearly a role to be played on a national basis but that the constitutional realities are that the day to day administration of education in the States is a State function carried out by the State departments of education, with the exception of the nongovernment sector which, again, is not a direct administrative responsibility of the Commonwealth. [More…]
It is the Senate’s right and its constitutional responsibility to review legislation. [More…]
Then there are to be 3 other members of whom one shall be appointed by the Episcopal Conference, which was adverted to by Senator Wheeldon and in respect of which there would be very grave constitutional doubt because, as he has pointed out, it has not been approved by Archbishop Cahill, I think it is, who is the man most qualified to speak in this area. [More…]
I have heard suggestions at different times that there would be a constitutional challenge to legislation of this character as it affected independent schools, and it would appear to me that one point which would be inquired into by people opposed to independent schools would be whether aid, if it is given to schools, might be challenged under the Constitution, whereas by giving aid to children it would not perhaps be so obviously open to challenge. [More…]
So it would not be a sitting in any constitutional or legislative sense. [More…]
It could be a fair ascertainment of the views of the people concerned, again, as I say, without any constitutional significance in the sense of an operative constitutional or legislative decision. [More…]
Can he advise the Senate whether the Government is prepared to introduce a Bill to give effect to its decision so that, if a disagreement arises between the 2 Houses of Parliament, the matter may be resolved in accordance with the proper constitutional procedures? [More…]
I do not want to get involved in what could be thought to be the constitutional arguments or the relationships between the 2 Houses, but I come down on the side of a Bill and against a joint meeting on this very simple proposition: I believe that is the simplest, cleanest and best way to resolve this problem. [More…]
Whereas previously we argued that there were some constitutional barriers to a joint meeting of the 2 Houses, Senator Murphy now says that there would be just an expression of opinion. [More…]
Senator Murphy has said that it would not be a constitutional meeting, just the determination of a consensus of opinion; that we would get together and vote. [More…]
If in any other case the 2 Houses wish to reconcile their point of view if they are in difference, we provided for it if it is a case outside section 57 and we provided for it in a way which preserves the integrity of our constitutional position. [More…]
If we want to get this matter solved in a constitutional way, if we want to get it solved effectively, and if we want to get the procedure that will give the Parliament the promptest decision, I urge the Senate to reject the proposal for a joint tete-a-tete meeting at which a vote would be taken without debate. [More…]
So for all these reasons- our constitutional position, promptness and effectiveness of decision and the appropriateness of discussion of the decision- I would urge that the Senate should not accept the resolution from the House below. [More…]
I think that far too much emphasis has been placed today on constitutional difficulties. [More…]
The meeting would have no constitutional base whatever and would, I believe, create a precedent for future embarrassment of the Senate in its role of a House of equal strength to the House of Representatives. [More…]
A meeting of the nature suggested would decide nothing constitutional or positive. [More…]
There would be no constitutional argument against such a leader doing so. [More…]
Do not let the matter go to the next saga where in another 15 or 20 years another set of grumpy old conservatives will want to defer a decision because of some technicality or some imagined constitutional difficulty. [More…]
I know about the constitutional precedents and historical associations which have been referred to by honourable senators who have advanced those sentiments. [More…]
There are certain constitutional factors to be taken into consideration. [More…]
I know that constitutionally there is only one situation in which a joint sitting of both Houses is provided for. [More…]
But this would not be a joint sitting in the constitutional sense. [More…]
The constitutional responsibility for the provision of public education rests primarily with the States, as at present does the major financial commitment. [More…]
And whereas the Governments of the Commonwealth and of the States have decided, in the national interest, that, without raising questions concerning, and without derogating from, their respective constitutional powers, they should co-operate for the purpose of ensuring the legal effeciveness of authorities to explore for or to exploit the petroleum resources of those submerged lands. [More…]
By that paragraph in the preamble the Australian Government set aside its constitutional powers and entered into arrangement with the States to administer the areas off-shore. [More…]
Before I read the conclusions to the Senate I would like to refer to the first term of reference which was: whether the constitutional conception underlying the legislation is consistent with the proper constitutional responsibilities of the Commonwealth and the States. [More…]
That the constitutional conception underlying the legislation is inconsistent with what should be the proper constitutional relationship between the Parliament and the executive. [More…]
That, in the context of broad constitutional responsibilities, there is a challenge to the exercise of the functions of Parliament in the conception of uniform legislation drafted by the executive arms of seven Australian Governments being presented to the Parliaments as a fait accompli requiring formal legislative approval. [More…]
This cannot be regarded as strictly inconsistent with the ‘proper constitutional responsibilities’ of the Commonwealth and the States as the power always lies with the Parliaments of the Commonwealth and the States to reject or amend the legislation. [More…]
It must be remembered that the purpose of the mirror legislation was to use all the constitutional powers of Australia, wherever they may lie. [More…]
That the Committee does not regard the legislation as being inconsistent with the ‘proper responsibilities’ of the Commonwealth and the States because, as a result of a decision to avoid litigation which would have resolved the matter, it cannot say what is the measure of those proper constitutional responsibilities. [More…]
It may also be of interest to the Honourable Senator to learn that this matter has been referred by the Australian Constitutional Convention to one of its Standing Committees for discussion. [More…]
I anticipate that such matters will comprise legal questions of all kinds arising incidentally to the Government’s legislative program, but will concentrate particularly on Constitutional questions. [More…]
Senators will be aware that Professor Howard is a distinguished authority on Australian Constitutional Law and has written widely on the subject, as well as on many other legal matters, particularly criminal law. [More…]
There are Bills such as the Seas and Submerged Lands Bill, which is a Bill of very great consequence because it purports to determine a very vexed constitutional position. [More…]
He was a member of the Joint Committee on Constitutional Review and in that report he recommended that the Territories have representation. [More…]
The honourable senator was good enough to refer to the fact that I was a contributor to the report of the Joint Committee on Constitutional Review in 1959. [More…]
At that time the Senate was in the position of striving to maintain the purpose of its constitutional existence as an independent expression of Australian thought, quite distinct from the House of Representatives. [More…]
Having revealed the primitive, immature, political device whereby Gough should have 2, 3 or 4 territorial accretions in this place to overcome the democratic majority which has been established in this place by an electoral vote, let us examine the reconciliation which can be made between this proposal and fundamental constitutional conceptions. [More…]
But in an attempt to excuse himself and those who oppose the legislation Senator Wright referred to the Joint Committee on Constitutional Review which sat in 1959. [More…]
The Joint Committee on Constitutional Review was first appointed by the two Houses of the twenty-second Parliament to review such aspects of the working of the Commonwealth Constitution as the Committee considered it could most profitably consider and to make recommendation for such amendment of the Constitution as the Committee thought necessary in the light of experience. [More…]
I think it is very important that we should remind the people of Australia who were the members of that Joint Committee on Constitutional Review. [More…]
On that occasion I used the opportunity to quote quite extensively from the constitutional discussions which ultimately resulted in the initiation of an Australian Parliament. [More…]
Senator Wright said that we should not be upsetting the fundamental constitutional concept. [More…]
Senator Wood took this a little further and said that the constitutional situation is that senators represent people in the States. [More…]
Tonight the Government is relying on the Constitution and is putting forward a perfectly constitutional situation to meet the times in which we live. [More…]
Everybody knows the constitutional position perfectly well. [More…]
A great deal of constitutional and other legal work is facing the Government at the moment. [More…]
Honourable senators will be aware that there are a number of referendum proposals and that the Australian Constitutional Convention is still continuing its work. [More…]
I make it quite plain that I will oppose any joint meeting of the Parliament to decide this matter or any matter other than a constitutional one. [More…]
I will do so for a number of reasons: It has no constitutional validity. [More…]
That is a constitutional situation. [More…]
But it does appear to me, firstly, that it does not import into this suggestion a type of meeting that is contemplated in the Constitution and only for a constitutional purpose. [More…]
No great constitutional crisis will come out of such a meeting. [More…]
Senator Byrne’s amendment because I think it eliminates the qualms that honourable senators may have had in relation to the constitutional position. [More…]
The constitutional power of the Australian Parliament to enact legislation such as that contained in the Bill was clarified by the very important decision of the High Court in what is known as the Concrete Pipes Case. [More…]
My question is directed to Senator James McClelland in his capacity as Chairman of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Also, it takes up the proposal foreshadowed by the Prime Minister (Mr Whitlam) at the recent Constitutional Convention in Sydney, and it takes up the recommendation, dating back as far as 1958, of the Joint Parliamentary Committee on Constitutional Review. [More…]
The other is a special provision for senators whose terms, as to half, commenced on 1 July 1971 and as to the other half will commence on 1 July 1 974, each of whom would in accordance with the existing constitutional provisions have a 6-year term. [More…]
It is proposed under the transitional arrangement that a currently sitting senator, whose term began in 1971 and would in accordance with present constitutional provision expire in 1977, will continue in office until the second House of Representatives election after the constitutional alteration comes into force, that is, until 1978 unless there is a double dissolution or early election for the House of Representatives. [More…]
This will mean, in normal circumstances and, of course, excluding any senators elected to fill casual vacancies, that the senators serving when the constitutional alteration becomes law could have a term of up to about seven and a half years. [More…]
They should be dealt with in such a way that if there were a rejection the constitutional processes could operate so that the Government could then bring them into the House of Representatives again in ample time before the Senate election. [More…]
At the Australian Constitutional Convention held in September this year in Sydney, the Prime Minister (Mr Whitlam) said on behalf of the Australian Government that we would propose to the Parliament, for decision by the people, an amendment of the Constitution which would write into it the principle of substantial equality of electoral divisions for all the Parliaments of Australia. [More…]
Applying similar constitutional provisions, the United States Supreme Court has, for the last 9 years and more, declared any form of malapportionment within a state to be unconstitutional. [More…]
At the more recent Constitutional Convention in Sydney he said: [More…]
At the recent Constitutional Convention the Prime Minister said perhaps the most important amendment that could be achieved for 1973 and beyond would be an amendment to do just thismake it possible for the Australian Government to borrow directly on behalf of local government bodies. [More…]
If in the normal development of the processes of constitutional democracy and the processes of parliamentary democracy the wishes of one chamber are not acceded to by the other chamber then the other chamber has its options as to what it does. [More…]
They are there because the Government in its wisdom wanted to hear the whole of the people from that part of the educational spectrum but it did not want to have its choice limited to the nominations of the Episcopal Conference, quite apart from any constitutional difficulties which might arise under section 1 16 of the Constitution. [More…]
It will be recalled that I adverted to this matter in the debate on the Constitutional Alteration (Prices) Bill on 26 September last. [More…]
I am not one of those who believe this justifies the absence in Australia of constitutional and statutory guarantees of those rights. [More…]
Ideally, in my view, a Bill of Rights should be written into the Australian Constitution and I proposed at the Constitutional Convention in Sydney that this be done. [More…]
But in the absence of a constitutionally entrenched Bill of Rights, it is proposed that those rights should be set out in legislation of this Parliament, so far as it is within the powers of the Parliament to do so. [More…]
In evidence before the Senate Standing Committee on Constitutional and Legal Affairs in August 1972, Professor Wootten, now Mr Justice Wootten, provided a forceful answer to this concept. [More…]
Nothing could be more in line with the constitutional situation of the Commonwealth Parliament and the States than the proposed preface. [More…]
I believe that it is quite important that the Senate should look to the Karmel Committee report and particularly to 2 sections of it which spell out quite clearly the recognition of a constitutional situation that education is and should remain a primary function of the States and also that there is an overriding virtue in decentralisation and devolution. [More…]
The Constitutional responsibility for the provision of public education rests primarily with the States, as at present does the major financial commitment. [More…]
If those quotations and many others from the Karmel Committee report are allied with the constitutional realities of the day we are describing precisely the amendment which the Opposition proposes. [More…]
In relation to this I would again draw upon the Karmel Committee report which in a great number of places relied on and gave great emphasis to the importance, as the Committee saw it, of the considerations of constitutional responsibility. [More…]
The constitutional responsibility for the provision of public education rests primarily with the States, as at present does the major financial commitment. [More…]
I do not agree with the suggestion just made by Senator James McClelland when he said that there is a clear constitutional power for the Government to do the things it wants to do and that this legislation would break down that power. [More…]
As I have pointed out the Minister himself repeatedly said in his second reading speech and the Karmel Committee said at page 132 of its report that the constitutional responsibility does lie primarily with the States as does the present commitment. [More…]
After exhaustive investigation, the Joint Committee on Constitutional Review in 1958, and again in 1959, recognised the vital interest of the people in proposed Constitutional alterations. [More…]
The Committee’s proposal would not disturb the Federal fabric of the Constitution, inherent in section 128, but its proposal would serve to lay more emphasis on Constitutional change by the democratic process of majority vote than there at present exists. [More…]
But the two-thirds majority is unreasonably high and, given that we have not gone beyond the original 6 States, means in the elegant words of the Constitution Review Committee that ‘for every State in which there is an adverse vote there must be a favourable vote in two states … a Constitutional change has to be supported not only by a majority of States but by two-thirds of the States. ‘ [More…]
I believe that this change will bring the constitutional provisions more into accord with the spirit of the founders in 1901; more into accord with today’s mood of national awareness; and more into accord with democratic principles and processes. [More…]
It is designed to remove the anomaly that Australian citizens in our mainland Territories have no voice or vote in constitutional referendums. [More…]
The electors of the Territories may be thought to have an added claim to voting in national referendums on constitutional matters. [More…]
The electors of the Territories may in this sense be able to contribute their informed judgment on many of the matters likely to be the subject of constitutional referendums. [More…]
These 4 proposals will be joined later by a further proposal foreshadowed by the Prime Minister in the House of Representatives on 8 November 1973 and also in the week immediately following the Constitutional Convention. [More…]
I am using constitutional terms. [More…]
That does not sound like the use of constitutional means, does it? [More…]
Of course that will rest upon the financial structure which will support the activities and the constitutional responsibilities of the States. [More…]
Great moves are operating in Australia today at the instance of the Federal Government for further control by it over areas of constitutional life. [More…]
Also the Australian Constitutional Convention has been convened at the instance of 2 State governments- certainly the Government of Victoria- and it will look at the whole question of control over finances by Commonwealth, State and local authorities. [More…]
I am looking forward to the results of the deliberations of the Constitutional Convention so that as Australia moves into the next 30 years we can have a completely new distribution of power, so that the States no longer will feel themselves to be mendicants at the table of the Commonwealth and so that the Commonwealth will know at any time in view of its new international responsibilities just where it is going, where its areas of power, clearly and undisputably will lie and the States will have not only the responsibility for certain things but will have the means at their disposal without having to resort to alternative sources of finance by way of annual agreements or special approaches to finance their duties within the Constitution. [More…]
I have always taken the view that that decision should be the decision of Parliament and not of the Executive Government and certainly not of an unconstitutional assembly of members of both Houses and not of a joint meeting of members of both Houses. [More…]
Except in the very exceptional case to solve deadlocks after an election in section 57, the Senate and House of Representatives operate separately in their constitutional functions of the Parliament. [More…]
One would think that such a statement would carry with it the Committees of the Parliament, although I think that the constitutional clause refers to committees. [More…]
Surely that provides the opportunity for the other House, where the Attorney-General’s view is assured of prevailing on a matter of constitutional law to bring before us such modifications when the Bill is returned to the Senate. [More…]
Clearly we have in the spirit and practice of co-operative federalism in many spheres of government learned in recent years how to overcome any constitutional difficulties that may arise in regard to these matters. [More…]
The fact is that it will probably take some years and some number of cases in the High Court fully to resolve the actual ambit of this legislation and decide the actual constitutional position. [More…]
In any other spheres of constitutional interpretation where new areas of power are being tested in the High Court, years and years of litigation have been involved. [More…]
If senators believe that by passing this Act and sending the matter to the High Court the problem can be solved in one case I believe that senators are flying in the face of all the constitutional legal experience that we have had over 70 years. [More…]
This is legislation which points up the extremely important and interesting aspect of both international and constitutional law and, further, the evaluation of the commercial interests which may rest in the community. [More…]
In fact, when referring to the constitutional conception underlying the proposed legislation the report states at page 7: [More…]
At that point the Committee was looking at a term of reference which related to the constitutional conception underlying the legislation to which we had given our attention. [More…]
The answer to this term of reference depends basically upon what is meant by the proper constitutional responsibilities of the Commonwealth and the States. [More…]
To approach the question in this way would be tacitly to treat as inevitable and not undesirable the very constitutional battles that it was the wish of the Commonwealth and the States to avoid. [More…]
He expressed his view on that constitutional concept. [More…]
If there is an argument based on a constitutional fight which may follow if this Bill is passed, I believe that one should look to the view expressed by Mr Good, Q.C., who was Solicitor-General of Western Australia. [More…]
I state, firstly, that I exclude any reference to bays and inlets because I think the Bill makes clear that it has nothing whatever to do with altering the constitutional power affecting them. [More…]
They just took a piece of legislation that had been devised by constitutional advisers of the States in conference and adopted it, and thought that they were legislating. [More…]
The chief purpose of this was to avoid a decision on where the constitutional authority to deal with the petroleum resources lay. [More…]
One the Committee itself identified in saying, when considering whether the legislation was consistent with the constitutional conceptions that underlay the responsibilities of the Commonwealth and the States, that in the legislation it was impossible to identify any Minister who, vis-a-vis this Parliament, had responsibility, and vis-a-vis the Victorian Parliament any Minister who in respect of the Western Australian off-shore oil had responsibility. [More…]
I think that for us to go meddling about with petroleum resources under a legislative outfit like that is primitive indeed and completely different from any constitutional conceptions that I have ever envisaged as being written into or implied in the Commonwealth Constitution. [More…]
If we proceed from the merely constitutional aspect to the practical I believe that more importantly the legislation arbitrarily divided the sea bed into segments by projecting State boundaries out into the sea bed. [More…]
1 think that it is not to our credit that following the 1967 legislation and the report of the Committee which was finally delivered in December 1971 the constitutional issues have not been resolved. [More…]
The provision that says that the sovereignty of the territorial sea is vested in and exercisable by the Crown in the right of the Commonwealth does not exclude consistent lawslaws of the State that are consistent with laws of the Commonwealth made in the course of exercising its constitutional powers. [More…]
It believes that the features of the constitutional conception underlying the Petroleum (Submerged Lands) legislation to which it has taken objection arise directly because the issue of constitutional authority has not been resolved. [More…]
It is not in the national interest ultimately for questions of constitutional authority where uncertainty exists to be put aside- in fact to the exclusion of effective Parliamentary decision. [More…]
For all the plea which is made, for all the acknowledgement which is inherent in the second reading of this Bill that this is an area where constitutional authority should be resolved, the practical requirements require a co-operative arrangement between the States and the Commonwealth. [More…]
Winter was the most competent constitutional and economic authority available to report to the Government on power over prices and incomes. [More…]
For various other reasons there is a fount of constitutional power. [More…]
In welcoming them he said that he was delighted to greet the representatives of a Parliament and of a nation which to him represented the ideal form of constitutional government- the ideal being that it was a nation with one Parliament and with one House of Parliament. [More…]
Then a constitutional government was established. [More…]
There was blatant dictatorship of centralist government and bureaucratic directive which are quickly destroying the constitutional fabric of the States’ sovereignty. [More…]
Some months ago I was cynical of the outcome of the constitutional convention. [More…]
We know that it is merely an accident- a fortuitous accident- that somebody suggested to Mr Whitlam that he go for a constitutional referendum on prices and incomes. [More…]
That is why in a debate upon the constitutional concentration of power in this country it is appropriate to call attention to it today. [More…]
When we consider the weight, seriousness and the sheer number of the Bills which the Senate is being asked to considerBills that affect the constitutional position in Australia, Bills that affect the social order in Australia, Bills that affect domestic relations in Australia, Bills that affect the national health scheme and things like that- and matters, such as the Trade Practices Bill, that concern the commercial life and the trade union life of Australia, it must be realised that these things are of such moment that to try to deal with them ad hoc in the quick rush towards the end of a session would be unthinkable and indefensible. [More…]
The constitutional implications of this legislation- I will deal with this in more detail later in my speech- are far-reaching. [More…]
I raise the question of the constitutional implications of this Bill. [More…]
There are other constitutional implications associated with the Bill that are extremely dangerous, and it seems appropriate that a more detailed examination of them should be made. [More…]
While referring to the constitutional implications of the Bill, I refer to the appointment of Professor Colin Howard as a legal counsel to the AttorneyGeneral recently. [More…]
As Constitutional adviser to Senator Murphy, Professor Howard can be expected to take a strong line on the need for the Government to fully exploit the Constitution when legislating. [More…]
The issues should in no way be obscured by putting considerations to the people as if this constitutional alteration depended upon specific legislative measures. [More…]
We do not know, of course, whether they would get through Parliament, but when the constitutional power is available to the national Parliament it ought to be given proper consideration. [More…]
I ask the Minister representing the Prime Minister: Is it not a fact that at the Constitutional Convention held in Sydney in the first week of September this year the Commonwealth Government agreed that numerous topics suggested as involving constitutional amendment should be referred to standing committees of the Convention for detailed consideration and report? [More…]
What future, therefore, does the Commonwealth Government see in constitutional conventions? [More…]
If I am not not mistaken the Australian Government made the position clear that by taking part in the Constitutional Convention it was not to be taken as entering on a course which would inhibit it from proposing constitutional changes or legislative measures of any kind. [More…]
If the Australian Parliament wishes to use its present constitutional power to propose matters for the consideration of the people by way of referendum it is entitled to do so. [More…]
If the price of going to a constitutional convention is that the Australian Government and the Australian Parliament are to be paralysed, the honourable senator would see that it would be very difficult for any government to agree to participate in such a convention. [More…]
Honourable senators will recollect that on Tuesday of this week I read to the Senate a letter that I received from the Speaker of the Parliament of Queensland and that I explained my reasons for doing so as being that the Senate had a constitutional responsibility to the States. [More…]
There is no need for a constitutional referendum to ensure that simultaneous elections are held. [More…]
There is no constitutional or legal reason why the Government should not take out the House of Representatives at that time. [More…]
I point out that it is possible for the Government to co-ordinate the election of both houses without a referendum and without constitutional change. [More…]
This committee was supposed to represent a formidable approach to the issue of constitutional review reform. [More…]
But undoubtedly the pre-occupation of the proponents of that constitutional review program was, in some way, to make the Senate conform. [More…]
As I stand here and remind myself of the arguments that persuaded me in 1959 to dissent from the views of the other eleven, it is not much wonder that I stood my ground because as I restate the arguments I am more than ever convinced that the Senate needs the constitutional stability and safeguards to which I have referred. [More…]
I rise briefly to expound a point of view which although not very much listened to in this place is, I am sure, appreciated by those who out of principle make constitutional study their preoccupation, that it is necessary that we remind ourselves from time to time of the reasons why these differences exist. [More…]
So I just pause for a little silent pity towards the author of this proposal; and the more so when I reflect on how he has masqueraded as a constitutional constructor. [More…]
A constitutional convention was in the wind when he came into office, and he said he would support it. [More…]
I just want to reinforce what he said by reference to the way the convolutions of Mr Whitlam ‘s constitutional mind go. [More…]
He has come forward out of Caucus, not with a proposal to control incomes as was agreed to about prices, but a constitutional proposal with respect to incomes. [More…]
That was the second contribution by Mr Whitlam to this process of constitutional study. [More…]
Mr Whitlam has made a couple of proposals and he says: ‘We might do a little more of this making constitutional proposals’. [More…]
I support the proposal that this Bill be subjected to the scrutiny of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
If one House declines to pass a referendum Bill which has been passed by the other House, after the constitutional interval the matter can be put directly to the people so that this kind of obstruction cannot prevail. [More…]
We want to shelve it, as we will no doubt shelve the other constitutional proposals. [More…]
The newly elected Government has pressed for and secured direct representation for local government on the Constitutional Covention which met for the first time in the middle of this year and which intends to consider various constitutional matters. [More…]
At the Constitutional Convention, the Prime Minister secured the agreement of the leaders of five of the State delegations that the Australian and State governments should come together to consider amending the financial agreement that is referred to in the Constitution. [More…]
The Prime Minister indicated that if this could not be agreed to he would seek the necessary constitutional amendment of section 105a. [More…]
The States have a separate interest to be protected with respect to constitutional change, and it is up to the Senate, composed of senators elected on a State-wide franchise, to ensure that the State interest is protected. [More…]
The proposal to alter the provision concerning the alteration of the Constitution to 3 States from the present constitutional requirement of four appears to me to be a denial of the concept of the banding together of a series of colonies and States into a federation. [More…]
It would mean that, if a majority of the people- we wish to extend that from a majority of the people in the States to a majority of the whole of the people of Australia, whether in the Territories or in the States- were in favour of a proposal and at least half of the States were to vote for the proposal, the constitutional referendum would be taken to be approved. [More…]
Whilst there are constitutional problems at the moment, I would hope that we can look to the day when we will have the one system of courts with the High Court as the apex and that there will be no Commonwealth system of courts existing alongside the State Supreme Courts. [More…]
The Commonwealth’s constitutional power to support education is probably limited to helping finance the inculcation of knowledge which is, in a religious sense, neutral. [More…]
More particularly, in view of the Constitutional Convention which has been convened, which has sat already and is continuing its deliberations, it would be inappropriate if the constitutional relations of the Commonwealth were allowed to be redetermined and redefined, as no doubt they will be in some areas if the recommendations of that Convention are adopted, and it would be inappropriate if at the same time the diversity of law were allowed to continue without interruption and the systems were allowed to continue to develop in their own way. [More…]
I think everyone would agree that a person who has publicly identified himself against a particular constitutional view would, from a commonsense point of view, hardly be likely to be the person selected to present a case on behalf of the Commonwealth in favour of that view of the Constitution. [More…]
Following debate on 12 April 1973 the Bill was referred, on the motion of Senator Rae, to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs reported and the debate resumed on 30 May 1973. [More…]
When this Bill was before the Senate previously, the Senate directed that it be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
by leave- The Government opposes the deferment of further consideration of this legislation because it believes that it has responded to the criticism by the Opposition and to the points which were made by the Senate Standing Committee on Constitutional and Legal Affairs in its report. [More…]
Of course, I am in good company in saying this because Senator Wright, in his dissenting report associated with the Joint Committee on Constitutional Review in 1959, said, when speaking of proposals to amend the constitution of the Senate: [More…]
-Does the Leader of the Government accept as a fundamental constitutional principle that there is in a government of our type a unity whereby the actions and speeches of any one member are speeches and actions on behalf of the Government? [More…]
The problem which arises is that the Commonwealth has no power other than the power it has in respect of people whom it has a constitutional right to look after. [More…]
Like Senator Davidson, I should like to know whether it is intended to direct- and, of course, the constitutional power of the Commonwealth to direct is somewhat hedged around in matters of this nature- incoming migrants to this Albury-Wodonga area. [More…]
Nevertheless, the original justification remains valid, notwithstanding that there may now be no particular burden of original jurisdiction, other than in constitutional matters. [More…]
The High Court will be left free to continue its great work as a constitutional and appeals court. [More…]
To continue those courts avoids any constitutional problem that might attend upon the abolition of a court created by the Parliament. [More…]
There are constitutional barriers which would prevent the Tribunal from making determinations relating to remuneration of judges and salaries of Ministers. [More…]
Honourable senators will recall that in November 1971 I moved a motion, which was carried by this Senate, that there be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry the matter of ‘the law and administration of divorce, custody and family matters, with particular regard to oppressive costs, delays, indignities and other injustices ‘. [More…]
For constitutional reasons already referred to, this cannot apply to persons ordered to pay maintenance under an affiliation order. [More…]
I assume that the Standing Committee on Constitutional and Legal Affairs will itself wish to examine the Bill in detail. [More…]
However, as the Senate Standing Committee on Constitutional and Legal Affairs has before it this other major investigation which it will conduct in the month of February so that it can report back to the Senate in March, it would not be altogether appropriate that this Bill similarly should go to that Committee. [More…]
That the actions of the present Labor Government in attempting to destroy the federal structure of Australia and replace it with a unitary and centralist structure is detrimental to the individual Australian and if continued will destroy the basis of the Australian constitutional way of government. [More…]
That available constitutional means under the trade and commerce powers be called upon to effect this purpose. [More…]
It will use its constitutional power resolutely to press its program to fulfilment. [More…]
Her Majesty said that we would introduce legislation to fill constitutional responsibilities with respect to banking, insurance and financial corporations. [More…]
With this in mind Liberal Party senators noted with pleasure the Queen’s statement for the Prime Minister that his Government intends to pursue its policies to the utmost by using its constitutional powers resolutely. [More…]
Political commentators would have us believe that this statement about using constitutional powers constituted a threat by the Prime Minister of a double dissolution. [More…]
The words would make more sense if directed by the Prime Minister to his Caucus, for I would imagine that if Caucus makes the Prime Minister back down on many more issues he just might use his constitutional powers to take them all back to the electorate, even if some of them would be left swinging. [More…]
He is now taking the tack of emphasising that his program for the next 6 months is directed towards constitutional reform. [More…]
Being conscious that he cannot achieve unification by direct constitutional means, he is setting out to achieve unification little by little, in the hope that he will disintegrate the State forces and will have substituted for them regional areas which will become dependent upon his direct largess. [More…]
Secondly, he is indulging in that constitutional process to avoid the obvious criticism which comes from not taking up a challenge of a double dissolution on matters of high priority. [More…]
Of course, this proposal came out of the deliberations of the Constitutional Review Committee in 1959 of which, I think, the Prime Minister (Mr Whitlam) and I are the only remaining members in the Parliament. [More…]
All that honourable senators on this side are suggesting is that the constitutional processes laid down be observed and that they should not be dented or perverted to suit the whim or the convenience of an impulsive government which, in another place this afternoon, was so unenthusiastic about another constitutional proposal that it could not whip up the required constitutional majority. [More…]
I hope that the Senate will insist upon constitutional methods, patient and objective reasoning, and will thoughtfully put these matters to the people. [More…]
If this proposal is adopted by the people that game will be over and the oversight of these constitutional alterations will be taken by the High Court. [More…]
On 4 December 1973 the Senate referred to the Senate Standing Committee on Constitutional and Legal Affairs, the Constitution Alteration (Simultaneous Elections) Bill; rejected the Constitution Alteration (Democratic Elections) Bill; rejected the Constitution Alteration (Local Government Bodies) Bill; amended the Constitution Alteration (Mode of Altering the Constitution) Bill, amendments which were rejected by the House of Representatives. [More…]
The Government is invoking the constitutional provisions. [More…]
It has sent the Bill to this chamber and the Government is going to take advantage of the constitutional provision which allows the Government, which has the majority in the House of Representatives, to see to it that such a measure gets to the people. [More…]
Let us send it off to a committee or do some trickery or use some device so that we can prevent the people having their say on these constitutional questions at the next Senate election. [More…]
As we insist on that, we insist on strict compliance with the constitutional Act. [More…]
I would suggest that it is not a very good day for democracy when the Opposition parties, after having so decisively rejected this measure, which was simply a measure to put the proposition to the people, now, again, in March- when the Government is proceeding as expeditiously as it can to fulfil the constitutional requirements- are pretending that they need time to make up their minds or to debate the issue. [More…]
This follows the procedure which the Opposition suggested and which the Senate acceded to on the occasion when the last Constitutional Alteration Bill was discussed. [More…]
All these referendum Bills deal with matters which properly should await the recommendations of committees established by the Constitutional Convention. [More…]
The Opposition thinks that in some way this action will sprag the Government’s program, because of the constitutional reference to the 2 months requirement with respect to this legislation. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information. [More…]
Today I saw a statement in the Canberra Times’ that the Government has had a good look at the matter and is satisfied and confident that the time factors will be just right and; that it has constitutional authority to assure it. [More…]
On 4 December the Senate referred the Bill to its Standing Committee on Constitutional and Legal Affairs. [More…]
Leave out all words after ‘That’, insert ‘in the opinion of this Senate, it would be a travesty of constitutional and parliamentary practice if this Bill, which so vitally affects the powers and independence of this Senate, were to be rushed through the parliamentary processes and submitted to the people without the most careful examination. [More…]
At the time of the Senate election, the Government proposes to intrude into that election a proposal for a constitutional alteration. [More…]
I listened to Senator Greenwood working himself up into a lather of indignation at the way in which we had treated the Senate committees by recommitting this proposal in the face of the fact that the Opposition had had the numbers to refer it to the Senate Standing Committee on Constitutional and Legal Affairs when it was last before the Senate. [More…]
Does anybody in the Senate seriously believe that the reason why the Opposition referred this matter to the Constitutional and Legal Affairs Committee was for it to get more serious consideration? [More…]
One imagines that it would have sat down and looked at the history of proposals for constitutional reform. [More…]
But the Opposition does not want to give the Australian people a say on this or other matters of constitutional reform. [More…]
He is prepared to let the people have a say on any matter which he thinks requires constitutional amendment. [More…]
I put this simple propositon to Senator Wriedt who is the senior Minister in the Senate chamber at the moment: If the argument is that merely because a Bill passes through the House of Representatives twice with a constitutional majority it has to go to the people because that is democracy, will he - [More…]
If the Government proposition is that merely because a Bill to alter the Constitution passes through the House of Representatives twice by a constitutional majority it can- it does not have to betherefore be submitted by the Governor-General to the electorate, and that that is democracy, will the Government give an unqualified undertaking that should the Senate twice, by an absolute majority, pass a Bill to alter the Constitution, even though that Bill should be rejected, laid aside or amended unacceptably in another place, the Prime Minister will advise the GovernorGeneral also to submit the proposition contained in that Bill to the people? [More…]
The amendment commences by stating that it would be a travesty of constitutional and parliamentary practice if this Bill, which so vitally affects the powers and independence of this Senate, were to be rushed through the proper parliamentary processes and submitted to the people without the most careful examination. [More…]
The Government feels that the present restrictive constitutional powers are not in the best interests of the good government of the country. [More…]
The Labor Party believes that the proposed constitutional alterations are necessary and in the best interests of the people. [More…]
As you know, because of my constitutional duties which relate to the United Kingdom, I must, after opening our Parliament here today, return immediately to London. [More…]
On 4 December 1973 the call of the Senate was dispensed with in respect of the 4 constitutional alteration Bills which were before the Senate. [More…]
The Government proposes that this Bill, along with several other proposals for constitutional amendments already submitted to this Parliament, will be put to the people by referendum at the time of the forthcoming Senate election. [More…]
-The Bdi is a Bill to amend the Constitution, but it requires the approval of the electors in accordance with the constitutional provisions. [More…]
Honourable senators will recall that, during the first meeting of the Constitutional Convention in September last year, heads of delegations agreed in principle that the Constitution should be altered to allow for interchanges of powers and to remove the existing doubts about the operation of the present power. [More…]
The Bill has been settled in consultation with the parliamentary counsel of the States as was foreshadowed at the Constitutional Convention. [More…]
The relevant standing committee of the Australian Constitutional Convention was also given the opportunity of commenting on a draft of the Bill. [More…]
I hope that these provisions will encourage the States to refer to this Parliament powers such as family law, defamation and shipping and navigation which, in this context, have been raised at the Constitutional Convention. [More…]
The matter was raised at the Constitutional Convention. [More…]
When a proposal in respect of some alteration of the Constitution is put up in this chamber honourable senators opposite say: ‘ It should be discussed at the Constitutional Convention’. [More…]
When we bring forward a proposal that has been discussed at the Constitutional Convention and in respect of which a great deal of consultation has been had with the parliamentary counsel of the States and so on, honourable senators opposite are not even prepared to proceed with the second reading of the matter. [More…]
It is a document wholly prepared and written by the Prime Minister (Mr Whitlam) and delivered, of constitutional necessity, by Her Majesty the Queen. [More…]
The Queen, as constitutional Head of State, has no responsibility whatsoever as to the content of the document and no capacity for discretionary veto. [More…]
The Queen has honoured us by conducting the opening ceremony as our constitutional monarch, even though she was forced by her advisers to deliver a speech of apalling twaddle. [More…]
She was forced by her constitutional advisers to deliver a speech of a highly party political nature, a speech written by Mr Freudenburg and approved by Mr Whitlam. [More…]
I wish to mention very briefly 3 matters which have been referred to in the amendment moved by the Leader of the Opposition (Senator Withers), namely the attack on the constitutional rights and the responsibilities of those rights by the present administration, the rural industries and, finally, defence policy. [More…]
As I understand it the present Australian Constitutional Convention is looking at these matters. [More…]
One would have thought that a wise government would withhold its attacks upon the States until such time as the Constitutional Convention reported. [More…]
I hope that the people of this country will consider these proposed constitutional alterations, which we understand will be presented at the next Senate election, and give them the same kind of treatment as was meted out to the prices and incomes referenda last December. [More…]
When Her Majesty opened this Second Session of the Twenty-eighth Parliament she said that she was particularly pleased to perform personally an important constitutional duty as Queen of Australia. [More…]
It was referred to the Senate Standing Committee on Constitutional and Legal Affairs on 4 December 1973 for report back to the Senate no later than the first day of sitting after 1 February 1974. [More…]
I claim that we were fulfilling our constitutional obligation and our obligation to the Australian people. [More…]
There is no need for a constitutional referendum to ensure that simultaneous elections are held. [More…]
There is no constitutional or legal reason why the Government should not take out the House of Representatives at that time. [More…]
The Government has the constitutional right to do so. [More…]
So I believe that the Prime Minister is moving step by step to remove first one, and then the other, constitutional objection hoping that the people will not see his real object until it is too late. [More…]
If an election is held in May this year the average citizen in Victoria, for example, will be asked to look at the names of fifteen or sixteen Senate candidates and at the same time cast a responsible vote on another five or six constitutional matters. [More…]
The proposition that Mr Whitlam whimsically puts forward in a display of his passion for constitutional alteration is that on each occasion when a casual dissolution takes place in the House of Representatives there is to be a dissolution of half of the Senate, and that half should go to election just so that the elections of the 2 chambers can be synchonised. [More…]
Mr Whitlam has the honour of being the only remaining member of the Parliamentary Joint Committee on Constitutional Review still in the Parliament other than myself. [More…]
What is being put forward here is that the Senate should become an echo of the House of Representatives by going to elections every time the House of Representatives finds it proper in accordance with constitutional practice- to which I have referred- to go to the people. [More…]
It states that Mr Whitlam during his parliamentary career played a major role in drawing up the report of the Joint Committee on Constitutional Review of which he was a member from 1956 and from 1959. [More…]
But from the point of view of constitutional values it weakens the Senate to a significant degree. [More…]
Not only does the Government put forward the proposition but also it is not content to put it forward in a constitutional way. [More…]
In 1959 the proposition had been examined by the Joint Committee on Constitutional Review to which I have referred. [More…]
A committee of the Senate was set up for the purpose of getting constitutional scholars, professors, students of political science and noted parliamentarians to deliver views of their experience and knowledge as to the value of the elements of the Senate which this Bill threatens to destroy. [More…]
This Bill is not in order from the point of view of ordinary constitutional processes, because the people who accepted the Constitution in 1900 laid down with great particularity and emphasis the means whereby the Constitution should be amended. [More…]
Senator Murphy asserts that when we referred this Bill to our Constitutional and Legal Affairs Committee in December, we failed to pass it. [More…]
Senator GREENWOOD (Victoria) .36)- This Bill proposes a referendum on a constitutional amendment. [More…]
I appreciate that only half the senators come out at any given time, but that will be the position irrespective of whether a referendum proposal, which requires that the synchronisation of elections should be a constitutional requirement, is carried or whether half the Senate comes out at the time that the House of Representatives election is held, which has been the general but not universal pattern of the elections which have been held since we have had a federation. [More…]
As Senator Wright indicated, the reasons why half the Senate would be called to an election would not be based upon the Senate’s performance or on any sound or established constitutional criteria, but simply as a reaction to, an inevitable result of, what was happening internally within the House of Representatives. [More…]
That again, I believe, is a tendency likely to flow from a constitutional requirement that the 2 Houses should be elected at the one time. [More…]
We in the Opposition challenge the right of the Prime Minister to ignore the constitutional provisions relating to putting questions by way of referendum in the way he is doing it. [More…]
It was resolved, contrary to the clear wishes of the Government as expressed by me, that the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs for inquiry and report to the Senate as soon as possible but not later than the first sitting day after 1 February 1974. [More…]
In my opinion the Senate’s action in sending the proposed law to the Senate Standing Committee on Constitutional and Legal Affairs on 4 December 1973, particularly when construed in the light of the failure of the Committee to meet to consider the matter, constituted a failure to pass the proposed law within the meaning of section 128 of the Constitution. [More…]
The Senate is within its constitutional province if it does any of those things. [More…]
The suggestion is made that an examination of the constitutional provisions shows that before it may be said that those provisions are invoked a breach of duty by the Senate must be found. [More…]
We need constitutional power to do it. [More…]
How can any constitutional change which seeks only to affect access to loan funds change the structure of local government bodies? [More…]
Secondly we have the situation where the Government has the constitutional power to say to any local government or, as they are now called regions, how it will spend that money. [More…]
An Australian Constitutional Convention has been operating and holding discussions for more than 12 months. [More…]
Secondly, I cannot accept the Government’s sincerity because the Australian Constitutional Convention has not, as yet, reached any conclusions on local government. [More…]
That is, the Liberals: believe it is essential that local government should be properly represented at next year’s Constitutional Review Convention. [More…]
One point was that local government should have representatives at the Australian Constitutional Convention. [More…]
I have here a list of the representatives of local government who attended the Australian Constitutional Convention in 1973. [More…]
AUSTRALIAN CONSTITUTIONAL CONVENTION 1973 [More…]
Was not all this laid out before the Australian Constitutional Convention of 1973? [More…]
The local government people had this to say in their submission to the Australian Constitutional Convention: [More…]
I read again from the local government submission to the Australian Constitutional Convention. [More…]
Senator Milliner’s remarks have emanated from the Australian Constitutional Convention. [More…]
The most important and forceful was made in 19S9 by the Joint Committee on Constitutional Review. [More…]
If we are to accept the argument put yesterday by the Government senators that we would be acting undemocratically in not allowing the proposal to go to the people then I ask this quesiton and I would like to hear the comments of Government senators on this proposition when they reply: If a Bill which would submit a proposal for an alteration of the Constitution to the people should pass through the Senate with a constitutional majority of 31 votes, go to the House of Representatives, and be rejected and then, after an interval of 3 months, again be passed by the Senate with a Constitutional majority of 3 1 votes, would the Government give an absolute undertaking that it would advise the Governor-General to submit that proposal to the people? [More…]
I think that it is good constitutional law that a proposal, from whichever side it comes, is submitted to the people as a result of advice tendered by the Executive Council to the Governor-General. [More…]
We have been asked to approve a series of constitutional alteration Bills which have been shown in debate to be unacceptable in that broadly they represent a plunder of State rights and an attempt to centralise power in Canberra. [More…]
There was a misconception in his mind as to the role the Senate is required to play in relation to a constitutional alteration. [More…]
That does not apply in respect of constitutional alterations. [More…]
In a sense you would be saying that if you took the constitutional provision set out in section 23 of the Constitution and applied it, the question would be carried because there was the simple majority. [More…]
That would give effect to the constitutional provisions. [More…]
I think the constitutional provisions ought to have been more closely observed when drafting the Standing Orders and I hope that we can clear them up. [More…]
The expression requires consideration so that the position of this House will be made clear to those who have responsibility for the subsequent constitutional processes so that they may know whether to act with or without reference to the High Court. [More…]
But then we come to standing order 242.I submit that the only construction that you can give to that, if you adhere to prevailing rulings as to the reconciliation between section 23 of the Constitution and the standing order which requires an absolute majority either to pass the third reading of a constitutional Bill or to suspend Standing Orders, is to disregard the second sentence of standing order 242.I say that if you continue to apply the rulings that have been given on the standing order on suspension of Standing Orders, because it has been held that on the passage of a simple majority, notwithstanding the standing order requirement of an absolute majority, the simple majority prevailed. [More…]
I put that to you, Mr President, because I can foresee that if the Government does not wish to take the opinion of the judicial structure, the Governor-General may request that that be done, such, I believe, is the complication on a constitutional matter in which the processes of today have involved us. [More…]
As the President of the Senate I cannot attempt, nor should I attempt, to predict what would be the constitutional opinion of others who are not within the Senate. [More…]
Later in his speech, while referring to the Joint Committee on Constitutional Review and the Supreme Court of the United States, he said: [More…]
In doing so I am not deterred in any way by the argument repeatedly advanced on behalf of the Government in this chamber, in the course of this debate and earlier debates on the constitutional alteration Bills, that somehow or other it is none of the business of the Senate, one of the 2 Houses of Parliament, to deter or impede the Government in putting its suggestions for alteration of the Constitution to the people. [More…]
It seeks a constitutional requirement that electorates in this country will be drawn up on the basis of that feature and not on the basis of the actual right to be an elector, namely, being an Australian citizen. [More…]
It was said that this measure is in a different category from the other constitutional alteration measures. [More…]
Therefore, it is in a different category from the other constitutional alteration measures. [More…]
I think that by reason of that omnibus resolution which has just been agreed to for the reconstitution of the Senate Standing Committee on Constitutional and Legal Affairs and the reference to that Committee in December 1973 of the Constitution Alteration (Simultaneous Elections) Bill which, by the said resolution, is now made a reference again to the Committee, we have a nice pot of porridge of a constitutional mixture similar to that which was discussed this afternoon. [More…]
Are Yes and No cases to be issued in the accustomed manner for the proposed referenda on constitutional alterations? [More…]
Constitutional and Legal Affairs [More…]
Leave out all words after ‘that’, insert ‘the Bill be deferred until after consideration has been given to its proposals by all State Governments and by the Australian Constitutional Convention ‘. [More…]
At the Constitutional Convention held in Sydney last September the Prime Minister (Mr Whitlam) indicated, following the question being raised by the New South Wales [More…]
The course of events since the Constitutional Convention last September was for the States and the Commonwealth to arrange for the parliamentary draftsmen of each of the governments to meet together to consider the terms of a proposed amendment. [More…]
This was promised at the Constitutional Convention 6 months ago so it would be a gross breach of faith if the Opposition parties in the Senate were to delay that Bill. [More…]
I would have thought that in this chamber the views of all senators ought to count and ought to be heard on a constitutional amendment of this character. [More…]
Together with my colleagues from the other States I agreed last year that the Services of our parliamentary draftsmen would be made available to assist in the preparation of a draft Bill relating to a constitutional amendment to provide for an interchange of powers between the Commonwealth and the States. [More…]
In those circumstances, unless something unusual occurs the general pattern which prevails at constitutional referenda will prevail on this occasion also. [More…]
If any proposal has the prospect of support by the Constitutional Convention, by all parties in Parliament, by State governments and State oppositions and by the people, I believe it should be divorced from the situation in which hotly contentious issues are submitted at a referendum. [More…]
The amendment which has been proposed is designed to defer this Bill until it has been considered by all State governments and by the Australian Constitutional Convention. [More…]
I think it is fair that the Constitutional Convention should have the opportunity of examining a proposal which, after all, emanated from the Constitutional Convention. [More…]
This proposal bids fair- if the text can be agreed upon by the various parties involved- to have the support of that Constitutional Convention. [More…]
This uncertainty, particularly in recent years, has given rise to a desire on the part of the States to have the matter clarified by some legislative constitutional change as is now envisaged. [More…]
There is ample reason why the Constitutional Convention ought to be given an opportunity to examine this matter so that if it is to have approval ultimately it will be aired in the best forum in which approval can be given. [More…]
I have moved the amendment which requests that the Bill be deferred until after consideration has been given to its proposals by all State governments and by the Australian Constitutional Convention. [More…]
To the motion for the second reading of the Bill the Senate Opposition has moved that all words after That’ be deleted and that the following words be inserted: the Bill be deferred until after consideration has been given to its proposals by all State governments and by the Australian Constitutional Convention. [More…]
The position appears to be that some support in principle for the idea of an interchange of powers was made at the Constitutional Convention, but no reference of this Bill with its specific content has been made to the individual States and no attempt has been made to get the States to agree or disagree with the substantive content of the proposed new sections 108a or 108b. [More…]
Therefore I support entirely the need for its deferment until the matter is looked at again by the Constitutional Convention and by the States. [More…]
He raised his views, and the views of the Government, on this matter very strongly and convincingly at the Constitutional Convention which was held in Sydney in September last. [More…]
Delegates from the States, from local government and from this National parliament expressed in one way or another a need for the Constitutional Convention or for a referendum to determine these matters. [More…]
I have to stress the fact that this Government has endeavoured to refer matters of constitutional change to the Australian people, not to make some back door arrangement, not to attempt to bypass public opinion, but rather to give the Australian people an opportunity to have a 1970 look at the Constitution, which people should know is now well over 70 years old. [More…]
The Prime Minister is seeking to extend it, and I think I have indicated that in his desire to do this he will be recognised not only by the Australian people but ultimately by historians as a person who was prepared to go to the full extent of the democratic procedures to convince the Australian electorate to change the constitutional provisions relating to powers between the Commonwealth and the States. [More…]
That was the view that was expressed at the Constitutional Convention by the Victorian Premier, Mr Hamer. [More…]
Is it any wonder that all the referendums that have been put to the people have been rejected by the people because they did not want any disturbance in any major way of the existing constitutional rights of the States and the Commonwealth? [More…]
It is quite natural that at the Constitutional Convention in Sydney the Premiers said to the Prime Minister: ‘That is a very good idea. [More…]
During the last week we have been engaged in discussing various proposals for constitutional reform which the Government wishes to put before the people. [More…]
The present constitutional arrangement, as provided by section 5 1 placitum (xxxvii) is that the parliaments of the States may refer powers to the [More…]
The purpose of this proposed constitutional amendment is to enable the Australian Government to do so. [More…]
Of course this is the way this offer was interpreted by the representatives of the States which were present at the Australian Constitutional Convention. [More…]
No matter what may be said by Senator Greenwood about alleged attempts by the Prime Minister to mislead the public about the attitude of the States to this offer, I refer him to the report of the proceedings before the Constitutional Convention, which I believe Senator Greenwood along with myself attended on the relevant day. [More…]
I am saying that at the Constitutional Convention the Prime Minister floated this idea and referred specifically to the instances which I have given and he evoked the responses from the representatives of the States to which I am about to refer. [More…]
After the Prime Minister at the Constitutional Conventionwhich as I say was attended by Senator Greenwood and myself- sat down, having said the things which I have just quoted, Sir Robert Askin, representing New South Wales said, among other things: [More…]
Anybody, including the most profound constitutional lawyer, who could tell me, after reading what Mr Bjelke-Petersen said, whether he agreed or disagreed, is a better man than I am. [More…]
After the Australian Constitutional Convention broke up it set up various committees one of which was designed specifically to consider the fine print and the detail of this proposition for mutual interchange of powers between the Australian Government and the States. [More…]
Are we asking the Parliament of Australia to make some drastic and permanent alteration to our constitutional arrangement? [More…]
It has been discussed by a committee of the Constitutional Convention. [More…]
We get an amendment which says that the Bill should be deferred until after consideration has been given to its proposals by all State governments and by the Australian Constitutional Convention. [More…]
The Bill has been settled in consultation with the parliamentary counsel of the States as was foreshadowed at the Constitutional Convention. [More…]
It was accepted in principle at the Constitutional Convention. [More…]
Now I shall read to the Senate from a statement made by the chairman of a committee of the Australian Constitutional Convention which examined the proposals in detail and expressed its reservations. [More…]
Why is the Government demanding that we race straight to the people after there has been a broad agreement of principle following the Constitutional Convention? [More…]
We do not want to see this issue marketed by the Government like soap powder, without reference to the States, because quite obviously the chairman of a committee of the Constitutional Convention, which was looking into this matter, does not agree and is recommending that it should be changed. [More…]
The genesis of this proposed amendment to the Constitution appears to have been a discussion which took place at a dinner during the Constitutional Convention last September. [More…]
In this very informal manner an alleged agreement was made between the Prime Minister and those Premiers that in principle they agreed to a constitutional amendment by which the interchange of powers between the Commonwealth and State parliaments would be facilitated. [More…]
As I have said, the occasion was the holding of the first sessions of the Constitutional Convention. [More…]
Government senators have said in this debate, as they have said over and over again when speaking on other constitutional alteration legislation, that somehow or other the Senate is not really entitled to consider independently or to oppose Bills which provide for the alteration of the Constitution. [More…]
How naive is the proposition which was put this afternoon by Senator James McClelland that we, with that responsibility on our shoulders, should simply say that, even though we may be opposed to a particular constitutional amendment, even though we may believe that this is a matter that should be given further consideration, and even though it is a matter which perhaps vitally affects the States and which the State governments and the State parliaments should be given the opportunity to discuss before it is put to the people, we should not give any consideration or weight to these things; we should simply pass this Bill through the Senate without exercising any of the responsibilities and judgment which, as I said, are placed upon our shoulders by the Constitution. [More…]
The proposal to amend the Constitution in this Bill is, in my view, a very minor question of constitutional amendment. [More…]
As I have said, it is a proposal which- I hesitate to say it- emanated from the Constitutional Convention, although that body has not properly considered it. [More…]
It may be in the process of considering it, but at this stage it is merely a proposal which emanated from the informal meeting which took place at the time of the Constitutional Convention between the Prime Minister and 5 of the 6 State Premiers. [More…]
It does leave one with an uneasy feeling as to why this Bill should now be rushed on by the Government ahead of all the other major questions for constitutional amendment which are being discussed by a committee of the Constitutional Convention. [More…]
So we are left with this measure, supported only in principle by the Premiers of 5 States- a principle which is still being considered by a Committee of the Constitutional Convention and which was, as I said, a relatively minor issue before that Convention by comparison with many other major constitutional changes which are under consideration. [More…]
But, I point to the absence of any such agreement, the absence of urgency in this matter and the fact that this measure is one of many being considered by the Constitutional Convention. [More…]
For those reasons I intend to support the amendment that the Bill be deferred until proper consideration has been given to it by all State governments and in particular by the Australian Constitutional Convention. [More…]
Here I am prepared to consider having a constitutional amendment which will give some power from the Commonwealth Parliament to State Parliaments. ‘ [More…]
Therefore I believe it is again trying to hoodwink some of the State Premiers or State Opposition leaders into believing that under this proposed constitutional alteration the States will gain some benefit. [More…]
It is not really in a meaningful way to provide for a 2-way process as the Government represents in the hope of getting support from the States and in the hope of softening them up for many other major constitutional changes designed to transfer more and more power from the States to the Commonwealth Parliament. [More…]
In other words, this Parliament is given a very definitive place and role in the presentation and passage of a proposed constitutional alteration Bill. [More…]
Yet the Constitution contemplates that this chamber could pass a Bill for a proposed constitutional amendment and it could go to the other place. [More…]
If the Senate had insisted on the Bill and passed it again, it would have been within the ability of this chamber to present its proposed constitutional amendment to the Governor-General for presentation to the people. [More…]
Therefore, it is important that the people should know that this chamber, approaching this matter as it does, has discharged a high constitutional obligation. [More…]
I would say that any honourable senator who thinks otherwise in relation to the passage of this Bill completely misconceives his individual duty and completely misconceives the role that the Senate, the House of Representatives and the Parliament at large must play in the presentation and passage of constitutional amendments. [More…]
Let the people realise that as we consider this Bill and other constitutional bills in depth and at leisure and examine them in this prior way before they go to the people we are discharging our constitutional obligations. [More…]
I believe that there is an obligation on all senators not merely to use a political ploy which would have the effect of destroying the effective participation, constitutionally contemplated, of this chamber in the passage of referenda proposals. [More…]
After discussions with the States and at a major conference in Sydney, the Government has decided that the Commonwealth should have power to give back to the States certain matters that come within the constitutional power of the Commonwealth Government at present. [More…]
All honourable senators know that the States have the power to refer to the Commonwealth certain constitutional rights that we now have but did not enjoy at the time of Federation. [More…]
We are giving the States and the people a chance to stand on their feet and say that this is a constitutional alteration they desire. [More…]
The Labor Party is constitutional in that it believes that its objectives must be attained by the constitutional utilisation of Federal, State and local governments; [More…]
On 12 September last year the Prime Minister wrote to the Premiers following the September meeting of the Constitutional Convention, advising that the Attorney-General would be in touch with State Attorneys as to arrangements for draftsmen to consider the Bill. [More…]
I think the Prime Minister gave a very good example- this was touched upon by Senator James McClelland in the very good contribution that he made to this debate- during the course of the Constitutional Convention when he said in instancing these powers: [More…]
The fact is that the Australian Government has been seeking to bring in this legislation, I might say, on the original suggestion of the New South Wales delegation to the Australian Constitutional Convention. [More…]
In the last week that same type of gimmick has been evident in the title of each of the Bills which propose that constitutional alteration questions be put to the people. [More…]
That has been evident in so many matters, even those relating to constitutional questions that we see put forward. [More…]
The Senate has certain constitutional rights. [More…]
I appreciate and I accept that, as he says, where there are matters in which the Senate is constitutionally involved the Senate ought to be consulted. [More…]
In this case the Senate has deliberately taken itself out of the constitutional process. [More…]
The Leader of the Government has pleaded for consideration from the Opposition on the ground that for constitutional and other reasons he may have to fit in with time schedules. [More…]
Indeed, in the unitary system in a country of British origins the judicial system is of very great importance, but in a federal system it is of unique importance inasmuch as there is entrusted to the judicial courts a determination of Constitutional powers as between Federal and State parliaments and instrumentalities, and citizens’ rights dependent upon different laws have to be adjudicated upon. [More…]
The kinds of litigation are defined by reference to factors which for the most part relate either to the character of the litigants or to the question of law arising; e.g., that the litigants are residents of different States, or that the Commonwealth is a party, or that a resident of one State sues another State, that the litigation raises a constitutional question, or that it arises under a law of the Commonwealth. [More…]
These provisions in truth sacrifice the interests of the litigant to the desire of the framers of the Constitution to preserve to the High Court the power of giving constitutional rulings and making constitutional precedents. [More…]
His Honour cited various difficulties that arose and at page 101 showed how, by raising matters within the description of sections 75 and 76- the same description as is applied in clause 19 of the Bill - your adversary can delay you and can raise a new point of a constitutional nature. [More…]
Many lawyers of very considerable repute believe that the establishment of a superior court would create constitutional difficulties of the greatest magnitude and that endless litigation would result. [More…]
I repeat that it would create a duplicated system involving enormous complexities and enormous constitutional challenges. [More…]
It is clear that if the jurisdiction is vested in the Superior Court the High Court will be relieved to a very great extent of the burden of jurisdiction which it has and it will be able to address itself to the more important aspects of jurisdiction- the cases which have a considerable constitutional content. [More…]
Our relationship with the trade union movement is an open constitutional relationship and the decisions which are made by the Australian Labor Party, in association with the trade union movement, are publicly known arrangements made at conferences which are open to the Press and the public. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information, and whereas our existing Australian flag and our national anthem, ‘God Save The Queen’ are perpetual reminders of these hard-won freedoms and of the wise British principle of the division of power, so well reflected in our own Australian Constitution with its careful separation of powers as between the Crown and Commonwealth Parliament, the Senate, the State parliaments, the Government-General and State Governors, and the independent courts of justice, and whereas all such rights, liberties, heritage, advancement and prosperity, etc., are of no avail if our armed forces are unprepared or incapable of repelling invasion of our shores or withstanding other military threats, so therefore must all these things be accorded the highest national concern and priority. [More…]
I also indicate to him that I do not accept his analysis of the legal or constitutional position. [More…]
If what the honourable senator says is the constitutional position then I think that if anybody is going to sue Senator Gair for the 100 I am pretty sure from which corner it will come; it will come from the Democratic Labor Party. [More…]
The evidence put before the Standing Committee on Constitutional and Legal Affairs fortified me in the view that the grounds of divorce based on the principle of matrimonial fault should be removed and replaced by a single ground of divorce- breakdown of marriage. [More…]
The clause in the previous Bill dealing with proceedings with respect to property- clause 57- has been split into two distinct sections, partly for constitutional reasons. [More…]
Standing Committee on Constitutional and Legal Affairs will wish to examine this new Bill. [More…]
I indicated, I think, earlier that I hoped that the Senate Standing Committee on Constitutional and Legal Affairs would look at the Bill. [More…]
It was also an important vehicle for the development of constitutional law in this field and beyond it. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information, [More…]
The questions raised by Mr Vincent Gair’s letter to the President are questions of constitutional law. [More…]
I would have thought that where a Senator’s constitutional right to sit in this chamber is conferred by the Constitution, the High Court is the appropriate body charged by the Constitution with the duties of interpretation, lt would be an unreal situation if this Parliament or any one House of the Parliament were to decide whether or not a senator had the qualifications to remain in this chamber. [More…]
The position has been put that the constitutional provisions under which this question has been put forward enable the chamber to refer this question to the Court of Disputed Returns, but that and the other provision made by the Act of Parliament in relation to questions respecting a vacancy have been viewed as exhausting the power which the Senate previously had to determine such questions. [More…]
Two constitutional questions arise. [More…]
Kerry O’Brien said that Professor Patrick Lane of Sydney University is an expert in constitutional law. [More…]
I would have thought that where a senator’s constitutional right to sit in this chamber is conferred by the Constitution, the High Court is the appropriate body charged by the Constitution with the duties of interpretation. [More…]
I feel, in view of the imminence of certain events, that it is appropriate that this Bill should be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
However, I should say this: It had been the intention of the previous Government that it should await the report of the Senate Standing Committee on Constitutional and Legal Affairs after its consideration of the terms of reference dealing with divorce, custody and family law before presenting any Bill relating to matrimonial causes. [More…]
I think that it is worth repeating the attitude of Senator Greenwood, as stated on 24 August 1971, when he was Attorney-General: 1 would have thought that where a Senator’s constitutional right to sit in this chamber is conferred by the Constitution, the High Court is the appropriate body charged by the Constitution with the duties of interpretation. [More…]
The records show that he voted in 9 divisions, some of them very important divisions; that he spoke on a constitutional matter; and that he voted in this chamber at approximately 10 p.m. on 2 April when you, Mr President were in the chair and were freely available to him should he have desired to convey to you a message of resignation. [More…]
Conclusively, by all the actions of Senator Gair he was a senator discharging and being permitted to discharge all his functions and, incidentally, taking part in divisions on 2 matters regarding constitutional alterations. [More…]
Surely the responsibility rested either with the senator who should have understood what were the constitutional requirements or certainly with the President of this place. [More…]
The constitutional consequence is that if the seat were vacated before the election in Queensland there should be. [More…]
It believes that it can override all the constitutional procedures and the Standing Orders of the Senate. [More…]
There is no constitutional or legal reason why the Government should not take out the House of Representatives at that time. [More…]
The history of this matter then takes us to the rejection of the Bills- the clear, constitutional and democratic rejection of that proposed legislation. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
If those 10 Bills were categorised it would be seen that three of them were electoral Bills, two were constitution alteration Bills- legislation which in any event should have awaited consideration by the Constitutional Convention- and two were two health Bills. [More…]
In reality if one wants independence in these spheres, the judges are more protected by the constitutional provisions than is a Governor-General. [More…]
Just look at the 4 constitutional Bills which were trotted up and which one assumes will be part of the next election. [More…]
We disregard the contention of some speakers on the Government side that there is some constitutional reason, some traditional reason, why an Upper House should not vote against Supply. [More…]
Yesterday, with full knowledge of what the decision meant, the Opposition Parties in this Senate rejected for the second time within 3 months the health Bills and thereby gave unchallengeable constitutional grounds for the Government to seek its double dissolution. [More…]
Although I feel supremely confident that as a result of this constitutional turmoil we will get a government which will have not only a majority in the House of Representatives but also in the Senate, we will also have a simplification and a cleansing of Australian politics by the disappearance of this Party which I believe has for so long been a blot on Australian politics. [More…]
We have the undoubted authority of Senator Murphy, who must be ranked as one of the great constitutional lawyers of our day and one of the most erudite gentlemen to act as Leader of the Government in this chamber; and in his opinion it is utterly right that an Opposition which has the numbers in this chamber to do so, should reject taxation measures or money Bills. [More…]
No one will argue with the constitutional provisions, and I will come back to them later. [More…]
I am simply here to try to fulfill what the proceedings of the Parliament this evening have initiated- a dissolution of Parliament on the terms authorised by the constitutional authority which has authority to decree a dissolution. [More…]
To the Honourable the President and members of the Senate in Parliament assembled: That whereas our National Anthem, ‘God Save The Queen’, is a perpetual reminder of the Monarchy as a major feature of our Constitutional heritage; [More…]
The second stage of the phasing out of cigarette and cigarette tobacco advertising on radio and television- newspapers not being within the constitutional purview of the Australian Government- will begin on 1 September next. [More…]
In 1959 the Constitutional Review Committee referred to the enormous costs involved in High Court litigation arising from problems associated with sections of the Constitution which were considered appropriate in 1 90 1 but which are no longer appropriate in 1974. [More…]
If we are not able to adopt a flexible framework of government, if we are not able to approach constitutional issues on the basis of assessing questions as matters of national importance and with mutual goodwill, then we will be in grave difficulty in preserving the parliamentary institutions in Australia. [More…]
If one looked at the recommendations of the Constitutional Review Committee of 1959 and acted honestly I am certain that the results of referendums in Australia would be very much different. [More…]
In the 24^ years that I have been in this place I have seen a fascinating course of development of Constitutional experience. [More…]
There are some who would say that the course of action which the Senate took was against constitutional convention. [More…]
That is to say, the true constitutional exponents recognise that this procedure is one whereby the Senate takes its risk to its members in the exercise of what it feels is a public duty. [More…]
I do not go on to refer to the subsequent constitutional provisions which yet have to develop in a fascinating experience over, perhaps, the next days, weeks or months. [More…]
Does that not pose a challenge to this Senate in accordance with its constitutional powers which we must keep in mind as the Government unfolds its program in the next week or two? [More…]
One could find his name as a member of the committees that were considering constitutional reforms, the Standing Orders or any of the other more serious subjects that were debated in this chamber. [More…]
Yet although he was a signatory to a lot of these decisions and conclusions including, notably, the recommendation of the Constitutional Review Committee on electoral reform, when the Bill implementing the recommendation came before the House he repudiated his signature. [More…]
I might also remind honourable senators that a one-tenth variation from the quota was recommended by the Joint Committee of Constitutional Review in 1959. [More…]
The constitutional position with regard to the power vested in this Parliament to provide representation for the 2 Territories as proposed by this Bill is clear. [More…]
With regard to term of office proposed by the Bill for Territory senators I would remind honourable senators that 16 years ago the Constitutional Review Committee, upon which all parties were represented, recommended that there should be an election for half the senators every time there was a general election for the House of Representatives. [More…]
It is presented for a third time to meet the constitutional requirements for it to become law following the recent double dissolution of Parliament. [More…]
Honourable senators who wish to ask questions are precluded from the opportunity of doing so when they have a constitutional and democratic right to do just that. [More…]
Somebody mentioned constitutional democracy. [More…]
So do not start talking to me about constitutional democracy, Senator Greenwood, because quite seriously you are politically fraudulent. [More…]
Getting back to what we were talking about before Senator Greenwood was foolish enough to talk about constitutional democracy - [More…]
Yet you have the temerity to stand up and talk about constitutional democracy. [More…]
It means one thing and you, as a constitutional lawyer, a Q.C., who was previously the first law officer of this country, ought to understand what that means. [More…]
The Prime Minister (Mr Whitlam) has not been hesitant in his requests for constitutional alterations nor in his instigation of costly and meaningless referenda. [More…]
‘the problem of preventing the Senate from inhibiting and frustrating government can be solved’ by 2 constitutional changes: ‘Fust, deprive the Senate of the power to reject Supply, for if it is to defeat a Government it should do so on a specific measure, not on general grounds of dislike. [More…]
In 1959 the Joint Committee on Constitutional Review also dealt with this question and made recommendations which were designed to alter the Constitution in order to overcome the type of attitude which is now prevalent in this chamber. [More…]
The Labor Party rejected the scheme because is was able to deny a constitutional majority in the South Australian House of Assembly at that time. [More…]
Reference was made earlier by a senator to a report of the Joint Committee on Constitutional Review which gave great attention to these matters. [More…]
The Joint Committee on Constitutional Review was formed on 24 May 1956 and was composed of some of the most distinguished members of both Houses of Parliament. [More…]
It made an in-depth study of electoral and other constitutional matters affecting the Commonwealth. [More…]
It continued: and once the class of voters is chosen and their qualifications specified, we see no constitutional way by which equality of voting may be evaded. [More…]
lt is not only a suggestion that has been advanced by the Australian Labor Party in government but also is the thinking, and the intelligent thinking, of the members who comprise the joint Committee on Constitutional Review. [More…]
They are not just imaginative measures introduced by the Australian Labor Party; they are measures that have been advocated by the Joint Committee on Constitutional Review and are supported by judicial opinion throughout other lands. [More…]
The Labour Party attempted in the Constitutional Alteration (Democratic Elections) Bill to mislead the people by suggesting that the referendum proposal to which it referred provided some ability for it to pass through the Parliament the type of legislation that we have in the Commonwealth Electoral Bill (No. [More…]
Let us not forget also that when the Joint Committee on Constitutional Review delivered its report in 1959, irrespective of the 10 per cent variation recommendation which members of that Committee gave at that time, the advice of those disinterested distribution commissioners- those who had experience in recommending and drawing up boundaries and managing the electoral system- was that there should be a 20 per cent tolerance. [More…]
Senator McAuliffe in particular referred to the unanimous recommendation of the Joint Committee on Constitutional Review to incorporate into the Constitution a provision for electoral law with a limit of 10 per cent variation in the quota. [More…]
If the Opposition, as I have said, is going to vote against it I think that the sooner we have a vote the sooner we can carry out the rest of the constitutional processes to resolve this after our masters, the people, have spoken. [More…]
The first matter to which I refer is whether this measure, if carried, will be constitutional. [More…]
I appreciate that the general purport of the Constitution is to confer upon the High Court of Australia the power to make decisions as to whether or not laws passed by this Parliament are or are not constitutionally valid. [More…]
The second objective is to work for the restitution of constitutional government in Cyprus. [More…]
I do not think that there is any doubt that Archbishop Makarios is still the constitutionally elected President. [More…]
We in the Opposition oppose this legislation on other grounds besides those that I mentioned last night, they being mainly constitutional grounds concerning section 7 of the Constitution which states that the Senate shall be composed of senators for each State. [More…]
It would appear that Opposition senators have not learned any lessons from the last 2 Federal elections and have not listened to the advice of the very many voices that have been raised within their own Party and on the periphery of their Party about approaching important Government legislation and constitutional matters in a fashion different from that which was followed in the previous Parliament. [More…]
The learned constitutional authorities Quick and Garran made the point that section 128 does not have application to section 122. [More…]
It surely would be incumbent on any responsible government to seek the advice and the opinion of the Attorneys-General and the Solicitors-General of the States and to work out whether this Bill is acceptable constitutionally. [More…]
I think it is valid to raise constitutional matters in this debate. [More…]
Indeed, within the last 12 months an important constitutional matter was raised there and perhaps Senate representation would assist. [More…]
The criticism has been made that the Government is accelerating the development of constitutional changes. [More…]
Because of the size of the Territory, Mr Calder needs other assistance from what I might call mobile watchmen or senators, as they are called in strict constitutional terminology. [More…]
I leave aside the question of whether the Representation Bill is constitutional. [More…]
I, as a poor lawyer, have the gravest doubts that it is constitutional. [More…]
Quite clearly the constitutional authorities, Sir Robert Garran and Sir John Quick, were saying: This was the intention. [More…]
Those of us who have looked at the debates of the convention in 1 897 and thereabouts and who have sought to find what was in the minds of our constitutional fathers have quite a clear view- we must have, from reading the debates of those years- that there was never any thought that there would be introduced into this chamber senators from the Territories who would have full voting rights and who would upset the formula of an equality of numbers from each State. [More…]
I wonder why the Government of the day, when seeking to alter the structure of the Commonwealth Parliament, did not take this issue as a major issue to the Australian Constitutional Convention of last year and say to the States and to representatives of the Territories: ‘Let us have a massive discussion on how in future the various areas which are not States at this moment shall grow and shall be represented in the Commonwealth Parliament’. [More…]
The Labor Party brought a host of trivia but nothing of fundamental importance to the Constitutional Convention. [More…]
I suggest that the primary function of the Constitutional Convention should be the initiation of a thorough discussion on this matter. [More…]
What I have said is that I regret very much that the Commonwealth Government in bringing this measure to the Parliament has done nothing to bring to the constitutional convention of the States and the Territories a debate upon the long range future of the 2 Territories. [More…]
I did so to show that it seemed to be assumed that there was no real doubt about the constitutional position. [More…]
These choices are within its constitutional powers. [More…]
I rise to speak in this debate with no spirit of tendentiousness and certainly with no purpose other than to defend a cause of substantial import on a constitutional basis. [More…]
So with the Whitlam Labor Government having been defeated in the Senate election following the double dissolution, having gained 29 seats only out of 60, and with the people being entitled to expect the other 3 1 senators to defend the cause of senatorial constitutional integrity, we are bound, when this Bill is presented to us after the dissolution, to give it the best of our consideration. [More…]
The founding fathers ensured that the constitutional rights of the States were maintained and protected by providing in the Constitution equality of representation of the original States on the basis that the colonies prior to Federation were equal constitutionally and politically. [More…]
In fact, concern was expressed at the constitutional discussions that the provision did not preclude such representatives having the right to vote. [More…]
Giants in those constitutional discussions such as Deakin, Brown, Barton and Braddon are recorded in convention debates which indicate that thinking. [More…]
That constitutional provision also gives power to the Parliament to provide how the number of members shall be chosen from each State. [More…]
That is why I say that for the Government now to seek to remove the nexus in the way in which the Representation Bill suggests is to act contrary to a fairly clearly expressed decision of the people, even though the nexus which is sought to be removed is not the total nexus which has constitutional sanction. [More…]
We believe that the way in which the Government has treated this Bill, the way it has treated the Senate and the way it proposes to treat the Senate in relation to this Bill, raises matters of the highest constitutional importance. [More…]
In order to put on record the views of the Opposition in regard to these matters of great constitutional importance I move the following amendment to the motion for the second reading: [More…]
I said that the circumstances set out in our amendment raised questions of the highest constitutional importance. [More…]
The Government still fails, or refuses for reasons best known to itself, to table this advice despite the fact that we are considering matters of grave constitutional importance which are the subject of lively debate not only here but also in the community and in the Press and we have the prospect of a joint sitting taking place in the near future. [More…]
I shall quote a high constitutional authority in relation to this matter with which I am sure the Government will not disagree. [More…]
The question of when section 57 of the Constitution comes into operation, whether for a double dissolution or for a joint sitting, or for both, is of the highest constitutional importance. [More…]
We believe it is perfectly proper that we should express, in the form of a resolution of the Senate, a view which we hold because this matter is of such constitutional importance. [More…]
If that is the interpretation of section 57, if that is the constitutional law of this nation, it is inimical to the role of the Senate as a house of review- indeed, to the role of the Senate in any way whatsoever. [More…]
If this is accepted as the permissible interpretation of section 57, if it is accepted as the constitutional law of this country, the Senate can no longer effectively carry out its high responsibilities and duties in any shape or form, and certainly cannot act as a House reviewing legislation. [More…]
It is one of very considerable importance, for the constitutional reasons that I have discussed. [More…]
There may be certain constitutional arguments regarding off-shore areas. [More…]
It is very doubtful on constitutional grounds because of the time that failed to pass in the circumstances of this measure. [More…]
Mr President, Senator Durack ‘s amendment raises the question whether it would be in accordance with proper constitutional practice for the Senate to express its opinion to His Excellency, the Governor-General, as proposed in his amendment. [More…]
This is an issue of fundamental constitutional importance. [More…]
Plainly, it would not be constitutionally proper for the Senate to pursue the course of action proposed in the amendment. [More…]
In the constitutional instrument issued for that purpose, His Excellency noted that the conditions upon which he was empowered by section 57 of the Constitution to dissolve the Senate and the House of Representatives simultaneously had been fulfilled in respect of six proposed laws, including the Bill for the Petroleum and Minerals Authority Act 1973. [More…]
Mr President, those who are familiar with constitutional practice and parliamentary procedure will perceive in the amendment moved by Senator Durack a resemblance to happenings in the Senate on at least three previous occasions. [More…]
The Senate sent an Address to the Governor-General requesting His Excellency to exercise his constitutional powers to submit the proposed amendments of the Constitution to the electors. [More…]
Mr President, we have here a concise and correct statement, by the GovernorGeneral of the day, of the constitutional principle raised by the motion now before the Senate. [More…]
Sir Ronald Ferguson again made the constitutional position quite plain in the following passages: 1 am advised further that to accede to the request contained in your Address would imply a recognition of a right in the Senate to make the Ministers of State for the Commonwealth directly responsible to that Chamber for advice tendered to the Governor-General in relation to the exercise of an Executive power vested in him by the terms of the Constitution, and that such a recognition would not be in accordance with the accepted principles of responsible government. [More…]
Without, however, conceding the existence of any Constitutional obligation to reply to the request contained in your Address, 1 desire to add for your information, and with the concurrence of my Ministers, that the grounds on which I decided to dissolve both Houses of Parliament simultaneously appear from the communication already made by the Prime Minister, with my permission and by my authority, to the House of Representatives. [More…]
I am indebted to the authors of the work ‘Australian Constitutional Law’, Mr J. I. Fajgenbaum and Mr Peter Hanks of Monash University, for the description of the incident that I now mention to honourable senators. [More…]
He was a most eminent constitutional lawyer. [More…]
As to the constitutional propriety of my approval to such a regulation as is postulated by the address, it cannot be doubted that normally by constitutional practice, confirmed and perhaps strengthened, by the pronouncement of the Imperial Conference of 1926. [More…]
My plain duty in such circumstances, as it appears to me, acting, not as the representative of His Majesty the King as a constituent part of the Commonwealth Parliament, but as the designated executant of a statutory power created and conferred by the whole Parliament, is simply to adhere to the normal principles of responsible government by following the advice of the Ministers who are constitutionally assigned to me for the time being as my advisers, and who must take the responsibility of that advice. [More…]
If, as you request me to do, I should reject their advice, supported as it is by the considered opinion of the House of Representatives, and should act upon the equally considered contrary opinion of the Senate, my conduct would, 1 fear, even on ordinary constitutional grounds, amount to an open personal preference of one House against the other- in other words, an act of partisanship. [More…]
But there is another reason- and that is that the constitutional processes of section 57 of the Constitution have not yet run their course. [More…]
In the Government’s view, it would not be constitutionally proper to table the legal opinions before the joint sitting is held. [More…]
Irrespective of what might be the option in this chamber, the constitutional provisions will enable the weight of numbers of the House of Representatives to ensure that that Bill becomes law. [More…]
In the case of this Bill, surely it is important for us to know and to be satisfied that the situation of deadlock- the constitutional provisions of deadlock- have been reached. [More…]
So we in this chamber have introduced an amendment which sets out the chronology, which sets out the events and which demonstrates that the constitutional provisions have not been satisfied. [More…]
We suggest that when these facts are set out there is one interpretation which stands out, and that is the prima facie interpretation that the constitutional provisions have not been satisfied. [More…]
The Government ought to recognise that the rights which the Constitution confers are rights which all parties, whether they are in government or in opposition, ought to protect because they are in due course the only protections in our constitutional democracy which we can rely upon. [More…]
He suggests that what the Senate is doing is not constitutionally proper. [More…]
He suggests that it is constitutionally inappropriate for the Senate to concern itself with these matters. [More…]
He suggests that it is constitutionally futile. [More…]
This situation, as the Governor-General indicated, represented the proprieties of constitutional government- the proprieties of responsible government- and one does not doubt that in a unitary system that is the situation which ought to prevail. [More…]
It is open to the Governor-General to obtain advice on the constitutional question from other quarters- perhaps from the Chief Justice, the Attorney-General or eminent counseland then a solemn responsibility rests on him to make a judgment on whether a dissolution is needed to serve the purposes of good Government by giving to the electorate the duty of resolving a situation which Parliament cannot resolve for itself. [More…]
The facts relate a story which I think quite clearly indicates that the constitutional requirements have not been complied with. [More…]
In response to the amendment, the AttorneyGeneral, Senator Murphy, made a speech to the Senate during the course of which he raised matters of principle which go far beyond the importance or the significance of this Bill and which go right to the heart of the constitutional monarchy, the concept of the constitutional Head of State and therefore to the democratic institution in this country. [More…]
These matters should be examined as such because, if Senator Murphy’s statement tonight is to prevail, the concept of the GovernorGeneral as constitutional Head of State will become a much narrower and much more delimited function and a function which, without any offence, would be that of a puppet response to government. [More…]
He was very careful never to say that it was constitutionally illegal for the Senate to proceed in terms of the amendment. [More…]
We were told that it would be constitutionally improper and constitutionally futile to take such action. [More…]
I submit that quite clearly the Attorney-General tonight by his silence on the question of constitutionality made it clear that Senator Durack ‘s amendment is entirely constitutional. [More…]
The Opposition is saying that it has a duty, a responsibility and a clear right to make known to every person in this country- to His Excellency the Governor-General, to the Prime Minister (Mr Whitlam) and his Cabinet, to the Government and to the people of Australiawhat the Opposition regards as the constitutional position under this Bill. [More…]
To conceive the idea that a Governor-General should be so isolated from the community that he should not be able to respond to events in the community and that he should not be capable of perusing and being influenced by the debates in this or any other chamber is to deny the fundamental duty of the constitutional Head of State over the centuries. [More…]
It is the primary duty of the constitutional Head of State, whether monarch or Governor-General, to brief himself or herself fully on the happenings of the day and the happenings in the life and public affairs of the community, so that when a decision is to be taken the constitutional Head is fully aware of the events and can bring down an independent judgment. [More…]
I felt that Senator Murphy’s speech tonight was the socialist Left view of the constitutional Head who must, under a socialist view, simply be there in a puppet fashion to do the will of the Ministers. [More…]
Quite clearly, no one denies the competence of the constitutional Head to seek that advice. [More…]
The constitutional monarchs of England over the centuries regarded this duty as their primary duty. [More…]
Tonight the Attorney-General said, in effect, that there is no individual discretion in the constitutional Head of State. [More…]
It would be wrong and it would be grave, because within the powers of the constitutional Head of State the discretions are vital and important. [More…]
Therefore, the Senate has not been asked by the Attorney-General to put aside the amendment because it is unconstitutional. [More…]
It was interesting tonight that there was no opinion, hastily secured, from the Solicitor-General or from the AttorneyGeneral’s Department- no legal opinion about the constitutional rights of the Opposition to move this amendment. [More…]
All that has been said is that it is constitutionally improper and constitutionally futile. [More…]
It was contemplated that the Parliament would meet in mid-February of this year, but the Prime Minister (Mr Whitlam) decided that he would seek a formal opening of the Parliament by Her Majesty the Queen, the constitutional Head of State, and in order to do so it was necessary to prorogue the Parliament. [More…]
If there is some dissension as to whether the Bill is constitutional, I hope that the High Court will fix up that dispute. [More…]
No further progress can be made in this matter until this very difficult legal and constitutional question is resolved by the High Court of Australiathe question which we facilitated, by vote in the Senate last year, being put to the High Court. [More…]
The Opposition believes that although it is appropriate for the question of the Commonwealth’s sovereignty over the off-shore areas to be resolved, although we support the claim to sovereignty and although we support in principle the idea that the Commonwealth Government should have a broad legal and constitutional sovereignty over these areas, when all is said and done we are even at the present time engaged in an international conference at which we are asserting very broad claims over the continental shelf extending seawards 200 miles or more. [More…]
It was in the light of that report and the facts relating to the constitutional right of either the States or the Commonwealth to have control over the off-shore submerged lands around this great continent that the original Bill- the Seas and Submerged Lands Bill- was given first and second readings by the Senate. [More…]
The question of whether the Commonwealth or the States has the responsibility within the Australian constitutional framework for the exercise of rights arising or the performance of obligations accepted under the International Convention on the Continental Shelf and under the Convention on the Territorial Sea and Contiguous Zone is undecided. [More…]
Having regard to what Justices of the High Court have saidand all witnesses who gave evidence on this aspect generally concurred- it would appear that the Commonwealth has the constitutional power to legislate under its external affairs power to give effect to international obligations. [More…]
If they do so, it would mean that in significant and, possibly, expanding areas the Commonwealth heads of power would become more extensive than the constitutional provisions expressly contemplate- and, consequentially, reduce the exclusive area of State authority. [More…]
Despite the invitation of the Deputy Leader of the Opposition (Senator Greenwood), I do not want to get into any of the constitutional niceties or difficulties. [More…]
You are the superior wage-fixing tribunal in this country, and within the ambit of your jurisdiction you are not limited, as the Arbitration Commission is limited, by constitutional limitations and definitions of disputes. [More…]
That is because of our constitutional position with the State and Federal set-up, as well as the specialist agencies that have been established. [More…]
Regrettably Opposition senators refused to debate that Bill and constitutional considerations relating to double dissolutions of Parliament then led to a similar Bill being introduced in another place. [More…]
The constitutional power of the Australian Parliament to enact legislation such as that contained in the Bill was clarified by the very important decision of the High Court in what is known as the Concrete Pipes Case. [More…]
The Parliament has no constitutional responsibility for State courts and cannot, under the Constitution, intervene in the organisation of these courts. [More…]
There is no tradition, as has been suggested, that the Senate will not use its constitutional powers, whenever it considers it necessary or desirable to do so, in the public interest. [More…]
There are no limitations on the Senate in the use of its constitutional powers . [More…]
There are no limitations on the Senate in the use of its constitutional powers except the limits self-imposed by discretion and reason. [More…]
As I have been reminded, he was not deterred then by any constitutional inhibitions on the activities of this chamber. [More…]
The measure represents a major step forward in the constitutional development of the Northern Territory in conformity with Labor policy announced prior to the 1972 elections. [More…]
The measure represents a major step forward in the constitutional development of the Northern Territory in conformity with Labor policy announced prior to the 1 972 elections. [More…]
There was some argument in earlier days in which I was involved that something might be done by way of amendment to the Banking Act, but that came under the same constitutional test. [More…]
The Government, handicapped as it is by lack of adequate constitutional powers to combat inflation, is nevertheless determined to continue the fight with all vigour, with the aid of the instruments at its disposal. [More…]
That an organisation within or under an authority of the Interstate Commission is the appropriate body with constitutional power ( binding both State and Federal authorities) to administer all Federal laws affecting Tasmania’s interstate and foreign shipping, with power to fix freights, wages, hours, schedules, port dues, and recommend financial assistance for ship construction and operation to ensure reliable and efficient shipping services; and [More…]
They should be discussed after the constitutional procedures that the Government is using in order to get around the frustration caused by the Senate have been exhausted. [More…]
That is not a dry constitutional, legalistic approach. [More…]
We ought to know sufficient of our constitutional immunity to know that we are not liable for rates or State taxes. [More…]
I am addressing myself to an important constitutional proposition. [More…]
It behoves the whole Senate to insist that moneys that we collect from our people are appropriated only to Federal constitutional purposes, and this is not one of them. [More…]
On this occasion I assert that constitutional law coincides with commonsense to require that this project should be considered as beyond our powers and, on the evidence submitted to us, not justified from either the point of view of economics or social improvement. [More…]
What we are now proposing- this reduction in the permissible variation between electorateswas first proposed 15 years ago by the Joint Committee on Constitutional Review established by Sir Robert Menzies in 1 956. [More…]
That Committee- that all party Committee on Constitutional Reviewunanimously recommended exactly the measure that we are now putting forward, briefly at the end of 1958, and with full reasons at the end of 1959. [More…]
This is the objective of the legislation now before this Parliament- to implement by law a proposal endorsed by the distinguished Committee of both Houses and all parties as a constitutional amendment 15 years ago. [More…]
We are resolved not to let legislation go through the House of Representatives and the Senate which we believe is bad in principle and which would detract from the constitutional principles of parliamentary democracy. [More…]
The Labor Party put forward a constitutional proposal which would have torpedoed any consideration of the principle of one vote one value. [More…]
The Constitutional Review Committee has been referred to. [More…]
The fact is that the Constitutional Review Committee ignored all professional advice. [More…]
The Prime Minister (Mr Whitlam) lays great emphasis on the recommendations of the Joint Committee on Constitutional Review. [More…]
Not to do so would be to deny constitutional representative government in Australia and to set up a dictatorship in a House which is not based on that form of representation. [More…]
That is what the Joint Committee on Constitutional Review has described as a gerrymander. [More…]
The Joint Committee on Constitutional Review, the Supreme Court of the United States and the Federal Council of the Liberal Party of Australia, though that is not exactly a good recommendation, support equality of representation as well. [More…]
The Prime Minister quoted a section from the 1959 report of the Joint Committee on Constitutional Review but I believe that it needs to be said again. [More…]
So it was assumed that, consistent with the constitutional requirement, there would be equality of value of votes cast in elections for this Parliament. [More…]
Professional advice to the Joint Committee on Constitutional Review was that we need 20 per cent variation. [More…]
He would wish to be able to denigrate the Senate in carrying out its constitutional function which has just been reinforced by the people of Australia in a fully democratic vote. [More…]
In the Report of the Joint Committee on Constitutional Review he is reported in this way: [More…]
The measure which was debated earlier today by this Joint Sitting began in the minds of the Joint Committee on Constitutional Review, which was established by Prime Minister Menzies as long ago as 1958. [More…]
He is now turning to a device which will increase the number of honourable senators so that he will not have to rely on the normal constitutional process which has been with us since 1901, and although the number of honourable senators has been increased relying on section 7 of the Constitution and on the concept of the Senate as a States House, the Government has seen fit to enlarge the Senate not for the purpose of giving greater voice to the Territories of the Commonwealth but rather to give itself perpetual control of that place. [More…]
For instance, in 1957 the Select Committee on Constitutional Reform appointed by the Northern Territory Legislative Council included in its report a recommendation for Senate representation. [More…]
I recall that when the Senate debated this matter our Party in that place moved an amendment to have it referred to a committee for examination, particularly as to its constitutional standing and legality. [More…]
Either Government supporters are interested in the constitutional standing of their Government’s legislation or they are interested only in their own rhetoric. [More…]
These Bills therefore not only are called into question on constitutional grounds but also are substantially against the will of the people as expressed at 2 referenda. [More…]
Furthermore, on constitutional grounds the Senate was created on the basis of equality, originally with 6 senators for each of the States and then the number was lifted to ten. [More…]
Since when has a mere Act of this Parliament sought to put asunder and to disturb the entire constitutional structure of this country? [More…]
If the law of this country is to deteriorate into such a state that the entire constitutional structure can be broken down- chiselled here, modified here- by a mere wilful Act of Parliament, then the people of Australia will find themselves in a very sorry, desperate state of affairs. [More…]
In no way do I under-estimate the needs of constitutional advancement in the Northern Territory and in the Australian Capital Territory. [More…]
I am fully aware of the efforts that my friend and colleague, the honourable member for the Northern Territory (Mr Calder) has made to achieve constitutional advancement for the Northern Territory and Senate representation for that Territory. [More…]
It was largely due to the pressures applied by the honourable member for the Northern Territory and the elected members of the Northern Territory Legislative Council that the former Liberal Party-Country Party Government made a firm offer to the Northern Territory towards constitutional advancement and executive power. [More…]
In other words, it washed its hands of those proposals and has given that Joint Committee a charter to investigate a form of constitutional advancement for the Northern Territory. [More…]
It has pre-empted the constitutional review which is currently going on and in which both the Australian Capital Territory and the Northern Territory are involved. [More…]
It is purely a political stunt that could well slow down the constitutional advancement of both the Northern Territory and the Australian Capital Territory. [More…]
Other speakers have pointed out that it makes a complete mockery of the Senate as a States House and there are all sorts of doubts as to its constitutional validity. [More…]
As the honourable member for Moreton (Mr Killen) said it shatters the constitutional framework of this country. [More…]
Some are: The Bill is not constitutional; it is doubtful whether the founding fathers intended that the people of the Territories should have representation; and the Territories are already over-represented. [More…]
There, in plain language, is the constitutional legitimacy for this measure. [More…]
We should seek to erect a constitutional edifice which shall be a guarantee of liberty and union for all time to come to the whole people of this continent and the adjacent islands. [More…]
I think it is for us, as members of Parliament, to remind ourselves that we are passing a day or two in resolving constitutional conflicts while outside in the nation those who are working are doing so under great tribulation. [More…]
While the Senate has constitutional authority and I have power to persuade in the country, I wil use my vote in the Senate to establish the right of the people who voted for me. [More…]
But so far from contenting himself with a basis upon which to hold by-elections, which is the appropriate constitutional provision for the Senate, he provides also that every time the resignation of a Territorial senator is procured a by-election shall be held. [More…]
What sort of arguments have we heard today from some of the constitutional sages from the other side of the Parliament? [More…]
I thought the Government went to the people to seek a mandate for a constitutional reform at the last election to bring the House of Representatives and Senate elections always together compulsorily. [More…]
It must know that there are grave doubts as to the constitutionality of these Territorial representatives. [More…]
On the contrary I believe that the right course for this Government and this Parliament to follow is to take this matter to the Constitutional Conventions between the Commonwealth, the States and local government, to invite Territorial representatives to those conventions, and to have protracted discussion on the future nature and structure of the Territories, their movement into full statehood and their representation in this Parliament. [More…]
The Senate itself is performing its constitutional function. [More…]
I urge that these measures be put aside, that they be taken to the Constitutional Convention, that second thoughts be given to them so that we can move these Territories into full Statehood and real and proper recognition. [More…]
I could be marginally out in these figures, but I believe that at the 2 Constitutional Conventions the Labor movement had one representative out of 135. [More…]
That government introduced the Bill before it found out whether it was constitutionally possible. [More…]
We had the charade of having to have a constitutional amendment after we had actually enacted the Bill. [More…]
There was found to be no constitutional validity for the Pharmaceutical Benefits Acts of 1944 and 1945 of the Labor Government. [More…]
In 1 947 we had a constitutional amendment. [More…]
It was one of the few constitutional amendments carried by the Australian people. [More…]
It was carried because it was put by both sides of the Australian Parliament to the people, as has any constitutional amendment which has been successful. [More…]
I wonder at the constitutional opportunities in the future for our High Court to deal with the implementation of the scheme as we are seeing it unfolding in this place. [More…]
The legislation in relation to the States onshore minerals stands on the basic constitutional powers of the Australian Parliament to regulate overseas trade and interstate trade, and also, at appropriate times, the general powers for the defence of Australia. [More…]
The Prime Minister (Mr Whitlam) promised several weeks ago to table the advice that he and his Attorney-General (Senator Murphy) gave to the Governor-General that this Bill had failed to pass the Senate or had been rejected by it within the constitutional provisions. [More…]
As I have said in this Parliament and will keep repeating for as long as that assertion about the Government having a mandate to do certain things is made: There is not one constitutional authority to which the Government can point- the Prime Minister (Mr Whitlam) is a Queen’s Counsel- who will maintain the mandate doctrine in our system of government. [More…]
I believe analysis shows, even if it should be that this Bill proves to be constitutional- that is a matter for the courts to decide, not for anyone to say what he thinks will happen- that it gives practically uncontrolled power to the proposed Authority and to the Minister and the Government and provides for practically no parliamentary oversight. [More…]
I think it is admitted by you all through another body engaged in this exercise that there is some doubt about the constitutional base. [More…]
Legal advice indicates that constitutional authority exists to support Australian Government construction of many, if not most, of the roads to be included in this scheme. [More…]
Equally, I was concerned that the claim that the 2 Bills were joined together on a constitutional basis was not satisfactorily proven to me; nor, I think, to anybody else at the time the work ceased. [More…]
It was also an important vehicle for the development of constitutional law in this field and beyond it. [More…]
By the time the year opened on I July 1973 the current legislator* had secured obvious and broad constitutional validity. [More…]
Of course, it had taken some 3 or 4 years to overcome the constitutional problems which had inhibited the introduction of this legislation until the early 1960s. [More…]
He states that from the position of constitutional strength which the legislation obtained it was possible to take quicker and firmer action against price agreements and continue actions against retail price maintenance. [More…]
I expect that the debate on this Bill will be a classic illustration of the conclusion which the Constitutional Review Committee reached in 1959 with regard to the role of the Senate. [More…]
But at least until the Committee stage 1 have time to deal only with one of them, that is, the suggestion which was made in another place that the Bill will lead to constitutional legal wrangles on a large scale. [More…]
The fact is that this measure has been carefully framed to ensure that it falls within the limits of the constitutional power of the Australian Parliament. [More…]
But 1 want to emphasise that there is no reason whatsoever, if the State governments are sincere in their professed desire to protect consumers, why there should not be a referral of power so that firms and individuals can be embraced within that part of the legislation and also to set at rest any constitutional doubts there may be in respect of its validity. [More…]
If they did so they would at least be seen to be sincere and it would be apparent that there were at least some areas in which they were prepared to take a national approach and the criticism based on any alleged constitutional invalidity would completely disappear. [More…]
If the consumer sues under State law the trader will have a constitutional defence- the very defence about which I am talking. [More…]
This Bill, if it is enacted, will deprive the consumers of that opportunity to have claims referred, because under section 109, the Commonwealth Constitutional position is such that this would no longer be possible. [More…]
It is also an important vehicle for the development of constitutional law in this field and beyond it. [More…]
That the Senate affirms the decision taken by resolution of the Senate on 31 May 1973 that the Australian Parliament join with the Parliaments of the States in the Constitutional Convention to be convened to review the Australian Constitution in September of that year, and at such subsequent times as the Convention from time to time determined, and agrees: [More…]
He went on to detail the constitutional difficulties and the absence in the Bill of a provision for the establishment of consumer claim tribunals. [More…]
There will also be doubt as to its constitutional operation. [More…]
There has been an endeavour, certainly in clause 75 of the Bill, to overcome the constitutional difficulty that may arise whereby all the effectiveness of the State laws may be wiped out by the overriding effect of the Commonwealth provisions. [More…]
A brewery within the confines of Tasmania was alleged to be monopolising trade against Carlton and United Breweries Ltd. Of course, due to the comparative lack of purposeful matters to be considered, that was a test case in order to have constitutional questions determined in the High Court. [More…]
I do not propose to go into that constitutional argument, except to say that it is not appreciated by many people outside this chamber that in fact that may well be the result. [More…]
If the view we have expressed is correct and constitutionally the State legislation in respect of these tribunals will be wiped out as far as an individual dealing with a corporation is concerned, there will be a great loss to the consumers and to consumer organisations; they will be unable to deal in that area in the future. [More…]
The position therefore is that, as has been said time and again, the inclusion of this Part in the legislation at the moment will lead to confusion, constitutional doubt and probably a denial of some rights which consumers have at present. [More…]
I leave that question as to which law operates somewhat open because I think that there are some constitutional problems which one day a company which is challenged will take to the court and the court will have make its decision. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information, [More…]
I turn to clause 55 which applies, because of the constitutional power of the Australian Parliament, to persons as well as to corporations. [More…]
Thirdly, the advantage of a reference of powers would be to obviate any legal constitutional difficulties which, as has been indicated, may arise. [More…]
It is the Constitution which says that and nothing in an Act of Parliament which enacts an inconsistent law can continue the life of State law against that constitutional invalidity provision. [More…]
Immediately this comes up against a Sale of Goods Act a constitutional question arises and for as long as the long pocket of Coles will last in the taking of appeals to the High Court it will be able to litigate such a fellow out of any access to justice. [More…]
Furthermore, this legislation is a blatant attempt to ignore the constitutional responsibility of the different governments, be they State or local government authorities, and to place even minor administrative decisions on all road matters in the hands of Canberra politicians and the Canberra public servants. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information, [More…]
In the past the Turkish minority on the island has been denied its constitutional rights in many respects. [More…]
Moreover, the TurkishCypriot minority is entitled, as indeed is the Greek-Cypriot majority, to guarantees of security, safety and constitutional rights. [More…]
For the Turkish Foreign Minister to issue an ultimatum that such a complex and far-reaching matter as the future constitutional arrangements for Cyprus should in effect be determined without appropriate consideration by the Greek or Cyprus governments is quite unreasonable. [More…]
1 ) That notwithstanding anything contained in the Standing Orders, the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs be empowered on its re-appointment to consider the clauses of the Family Law Bill 1974 during its consideration of the matter previously referred to it. [More…]
That Pensioners transport be made free within the Federation where the Government has constitutional powers. [More…]
The Opposition members of the Standing Committee on Constitutional and Legal Affairs have informed me that it is a sensible proposal. [More…]
I should like to speak briefly on this motion and to make a suggestion which probably would have to be considered by the Standing Committee on Constitutional and Legal Affairs, of which I am a member. [More…]
In my capacity as Chairman of the Standing Committee on Constitutional and Legal Affairs, I immediately set in train the preparation of an interim report from the Committee on what has happened in respect of the general reference. [More…]
I propose to put before the Standing Committee on Constitutional and Legal Affairs some clauses which would achieve that objective so that it may also advise the Senate on that matter. [More…]
That the Standing Committee on Constitutional and Legal Affairs be empowered up till the time of presenting its final report to table all of the evidence or documents presented to any of the Standing Committees on Constitutional and Legal Affairs. [More…]
I have to inform the Senate that on 22 August I received letters from the Leader of the Government in the Senate (Senator Murphy) and the Leader of the Opposition (Senator Withers) nominating the following senators for membership on the Senate Standing Committee on Constitutional and Legal Affairs: Senator Button, Senator Chaney, Senator Durack, Senator Everett, Senator James McClelland and Senator Missen. [More…]
It was a clear intimidatory threat to the Senate in an endeavour to prevent us from exercising our proper constitutional responsibility and our duty to scrutinise legislation with a view to moving proper amendments. [More…]
In other words, we have seen the 2 Houses of Parliament acting in accordance with their proper constitutional functions. [More…]
I believe that this has been a good example of the way our constitutional bicameral system works, and that it has been a good example of the proper and important role of the Senate under our Constitution. [More…]
Nevertheless, the High Court will presumably keep the Minister in line if he transgresses the constitutional powers of the Commonwealth in these matters. [More…]
The Legislative and General Purpose Standing Committees appointed last Session (other than the Standing Committee on Constitutional and Legal Affairs, which was re-appointed on 16 August 1974) be re-appointed and be known, unless otherwise ordered, as the Standing Committees on- [More…]
One committee, the Senate Standing Committee on Constitutional and Legal Affairs, is chaired by Senator James McClelland and is examining divorce law reform. [More…]
The Senate was created to have constitutional functions. [More…]
One of the constitutional functions that it was given was the capacity to review. [More…]
Therefore, I beseech honourable senators, irrespective of Party, who have any belief in the constitutional proprieties, to carry the amendment and let the Senate get on with its job. [More…]
that Pensioners transport be made free within the Federation where the Government has constitutional powers. [More…]
The other thing which was so important so far as fixing up inflation was concerned was the appointment of some senators to the Constitutional Convention. [More…]
I present an interim report and transcript of evidence from the Standing Committee on Constitutional and Legal Affairs on its inquiry into the law and administration of divorce and related matters and the Family Law Bill 1974.I move: [More…]
The Senate is well aware that some 2 years ago as a result of certain discussions between the then Commonwealth Government and the various States a Constitutional Convention was called into being. [More…]
Those senators and members were duly appointed from both Houses and the Constitutional Convention met last year. [More…]
Yet when we come to the Constitutional Convention the principle of equality is not carried through. [More…]
It is a distressing fact of political life, as revealed by the contribution we have just heard from the Leader of the Opposition (Senator Withers), that the Opposition appears to be so bankrupt of any constructive contribution to the government of this country that all it can debate on a motion relating to the Constitutional Convention is the question of representation inter partes. [More…]
The fact is that the second session of the Constitutional Convention, set down for the first week in November, will be a landmark for the Australian nation. [More…]
For the past 12 months scores of persons throughout Australia, including members of Parliament of all political persuasions, have been engaged on the task of endeavouring to get before that second session of the Constitutional Convention proper proposals for the amendment of the Constitution. [More…]
It would deny Senator Hall, who represents a party which has representation not only in this chamber but also in another chamber, representation at the Constitutional Convention; yet on the other hand it would, with complete inconsistency, harbour within its own ranks a person whom I have no hesitation in describing tonight as a complete imposter. [More…]
I link this matter with that which is being debated by the Senate on the basis that the Opposition, whilst maintaining an attitude of hostility towards Senator Hall, reflected in its opposition to his being a representative of this chamber at the Constitutional Convention, nevertheless seeks to embrace within its own ranks a person who has masqueraded for far too long as an Independent. [More…]
I ask you, Mr Acting Deputy President: What relevance has Senator Townley ‘s conduct in 1970, before a constitutional convention was ever thought of, to the motions which are before the chamber at the present time? [More…]
The subject matter of the question under discussion is the Constitutional Convention, who shall attend it, what may be done at it and what are its purposes, hopes and aspirations. [More…]
The subject matter is tremendously wide, but I say that Senator Townley ‘s history is not part of the subject matter comprehended by the expression Constitutional Convention ‘ or the matters raised in the motion. [More…]
Despite what the Opposition said, it was obviously endeavouring to exclude Senator Hall as a representative of this Senate at the Constitutional Convention. [More…]
The Government has presented the same formula for the appointment of Senate representation to the Constitutional Convention as it presented earlier this year. [More…]
Senator Gair of the Democratic Labor Party was a delegate to the last Constitutional Convention that was held in Sydney. [More…]
I take issue with Senator Withers about the emphasis that he placed on the question of numbers at the Constitutional Convention. [More…]
It is quite clear that he wants to transform the Constitutional Convention into another senatorial chamber, because no votes are taken at the Convention. [More…]
That is not the way in which the Constitutional Convention operates. [More…]
It seeks areas in which the States and the Commonwealth agree on the presentation of a constitutional amendment to the Australian people. [More…]
In that respect whom one represents in this place or the House of Representatives is quite irrelevant at the Constitutional Convention. [More…]
There is no reason for the matter to be determined on that basis because the Constitutional Convention seeks to find things upon which we can agree, not the things upon which we disagree. [More…]
It is quite clear that Senator Withers has not had experience on the Constitutional Convention. [More…]
On many occasions during the last Constitutional Convention meetings agreement was reached with all the States, with the exception of Queensland. [More…]
It has regard to the position in the Senate and to the fact that at the Constitutional Convention argument will take place about the philosophies of the relationships between the Commonwealth and the States. [More…]
The Constitutional Convention does not endeavour to determine these matters on the basis of who one is or whom one represents or on the numerical strength of the political persuasions of the delegates to the Constitutinal Convention. [More…]
And whereas the Senate is not only an independent House of Review elected democratically by the people with its own mandate to protect their heritage and constitutional rights, but is the States’ House by which all Australians in their own sovereign states formed long before Federation can bring together ideas and plans and resources of their mutual benefit and advancement, [More…]
There is no constitutional obstruction to abandoning the Panel at the present time. [More…]
Senator JAMES McCLELLANDHonourable senators will recall that yesterday in my capacity as Chairman of the Senate Standing Committee on Constitutional and Legal Affairs I tabled an interim report on the law and administration of divorce and related matters and the Family Law Bill 1974. [More…]
You cannot say that seriously of the Vernon report or the report on constitutional review, which were pigeonholed in your term of office and on which dust was allowed to settle. [More…]
I am sure that all honourable senators reject non constitutional solutions to our problems. [More…]
At least they are prepared publicly to state their commitment to the destruction of the economy on the one hand and constitutional government on the other hand. [More…]
The need for five separate Acts arises from a constitutional requirement that laws imposing taxes should deal with one subject of taxation only. [More…]
Various areas of investigation have been set up for standing committees, select committees and constitutional committees in which we take part. [More…]
Representatives has chosen not to fulfil the function to which it has a constitutional responsibility, in the interests of the Australian taxpayer and of all members of Parliament, I think the pursuit of the compilation of the Estimates has to be maintained by the Senate. [More…]
If the reason is legitimate and the purpose sound and in accordance with proper parliamentary usage we are all the better informed, but if something is being attempted which lacks statutory approval or is contrary to constitutional proprieties, likewise we are better informed. [More…]
Is it solely a mimic, a reproduction, of the House of Representatives or is it intended to be under the Constitution and by constitutional practice a different House? [More…]
The Government is setting up the Australian Housing Corporation, a new body to start all those housing functions that the Australian Government has constitutional power to implement. [More…]
Mr President, I present the report of the Standing Committee on Constitutional and Legal Affairs on the law and administration of divorce and related matters and the Family Law BUI 1974. [More…]
I only hope that the Chairman of the Standing Committee on Constitutional and Legal Affairs, or you, Mr President, if it is a matter for the Department of the Senate, or the Minister for the Media (Senator Douglas McLelland) in his capacity as Minister in charge of the Australian Government Publishing Service, will ensure that an appropriate number of copies of this report is made available for the interested public. [More…]
That notwithstanding anything contained in Standing Orders, the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs be empowered on its reappointment to consider the clauses of the Family Law Bill 1 974 during its consideration of the matter previously referred to it, namely the Law and Administration of Divorce, Custody and Family Matters. [More…]
There is no constitutional obstacle to the Tribunal having power to determine salaries for these people but it is desirable for the sake of consistency that they should be considered by the Tribunal in conjunction with judges. [More…]
I raise this matter because it involves a question of constitutional priority. [More…]
The constitutional priority involved in this situation is that the Constitution of Australia states that the [More…]
What is involved is the constitutional proprieties of the Senate versus the House of Representatives. [More…]
I wish to know by what right a Vice-Regal notice can be sent to the newspapers of Australia putting below the Speaker of the House of Representatives the President of the the Senate, who traditionally for 70 years has been acknowledged constitutionally and without qualification as being senior to the Speaker of the House of Representatives on these ceremonial occasions. [More…]
A constitutional matter is involved in this. [More…]
It is the propriety of subverting the constitutional system of administrative processes. [More…]
It was raised this morning when the report of the Senate Standing Committee on Constitutional and Legal Affairs was put down in the Senate and when a motion was moved that the Senate take note of the report. [More…]
Senator Missen spoke on the subject of the presentation of the report by my colleague, Senator James McClelland, from the Senate Standing Committee on Constitutional and Legal Affairs relating to its consideration and its recommendations after its deliberations on the Family Law Bill. [More…]
full and proper consideration can be given by senators and all other interested persons to the Report of the Standing Committee on Constitutional and Legal Affairs, tabled in the Senate on 1 S October; and [More…]
My question is directed to Senator James McClelland as Chairman of the Standing Committee on Constitutional and Legal Affairs and it relates to a report of that Committee. [More…]
Webster, that the Bill which we are now considering and which was considered by the Standing Committee on Constitutional and Legal Affairs is identical in the matters to which exception is taken to a Bill which was introduced in this Senate on 13 December 1973. [More…]
The honourable senator will recall that it was in 1971, I think, that I moved for the reference of this whole question to the Standing Committee on Constitutional and Legal Affairs. [More…]
Honourable senators may recall that at the Constitutional Convention one of the broad propositions put forward by the Australian Government was that the Constitution should be altered so that the Federal Parliament would be able to arm the Government with the broad powers of economic management which are held by governments of other countries. [More…]
It is quite absurd that the Government does not have clear powers to manage the economy and that honourable senators opposite should take up their present stand when they will recall that they bitterly opposed the constitutional referendum to enable this Parliament to have powers over incomes and prices. [More…]
This is basic to the management of the economy, yet they took the stand that not even the Federal Parliament was to be entrusted with those constitutional powers. [More…]
The Opposition has nothing to congratulate itself on in its repeated obstruction of the Government’s endeavours, even with its limited constitutional powers, to act on behalf of the people. [More…]
It then came to the Senate where it was referred to the Senate Standing Committee on Legal and Constitutional Affairs- of which I must confess I was a member at that time- and it was still before that Committee when the Parliament was prorogued. [More…]
-Has the Attorney-General had an opportunity to study the amendments to the Family Law Bill proposed by the Senate Standing Committee on Constitutional and Legal Affairs and, in particular, the amendments which would defer the right to commence proceedings for dissolution of marriage until after a period of 12 months separation has actually occurred? [More…]
It would have to be questioned whether some of the matters referred to in the Tariff Board report could be undertaken by the Australian Government for constitutional reasons. [More…]
Greenwood’s ability to put a very large spoke in the wheel of the Constitutional Convention because of the views he holds for political reasons. [More…]
I present the transcript of the in camera evidence from the Senate Standing Committee on Constitutional and Legal Affairs on its inquiry into the law and administration of divorce and matters related to the Family Law Bill 1974. [More…]
It may be that in 2 years’ time Senator Greenwood can come back to this chamber and say: ‘Look, that legislation has now been to the High Court and the doubt which I expressed in the debate on the legislation as to its constitutional validity has now been resolved against the position adopted by the Labor Party’. [More…]
I am sure that he will do this if he is really concerned about the constitutional validity of the legislation. [More…]
I do not believe- and maybe I am pessimistic in my approach- that there will be co-operation between the various groupings to resolve the constitutional problems which the Moore v. Doyle case has thrown up. [More…]
I believe that the ultimate solution must be an amendment of the Constitution, and I hope that the parties involved could use the difficulties found in the Moore v. Doyle case to reach the stage where a constitutional amendment, couched not in extravagant terms but in language which has the ability to command support from both wings of the political movements in Australia, and from employer organisations and unions, might be devised. [More…]
It is an interesting sidelight possibly on the attitudes which parties take that the desire to use the processes of the Constitutional Convention for the promotion of a further referendum on this subject of widening the industrial power of the Commonwealth was expressed as part of the Opposition Parties’ platform at the last election. [More…]
The Constitutional Convention is currently constituted and is about to come into its second session, with or without Commonwealth representation. [More…]
The point I emphasise is that if this legislation is rejected and delayed, as Senator Greenwood would like, the trade unions which expected constitutional changes via the national Parliament will find that the unions will have to slug it out, as it were, in a campaign to get members. [More…]
Let us talk to the employers, the unions and the States and let us see whether we can get a constitutional amendment’. [More…]
Yet, he goes on to express what in the light of recent history we can only regard as the most purblind optimism when he suggests that we can have a constitutional amendment passed. [More…]
As Senator Button points out, this is not something about which we can twiddle our thumbs while we wait for a constitutional amendment and say that it is only of interest to the lawyers and does not really matter. [More…]
I do not believe that we can afford the luxury of waiting for constitutional change, which is Senator Greenwood ‘s solution to this tangled problem. [More…]
As a matter of fact I received a little gentle mauling myself for expressing opinions based on misinformation, I must confess, at the constitutional convention held in Sydney in September last year. [More…]
I found myself in a constitutional gathering with the Attorneys-General and the Ministers for Labour and Industry of the various States present. [More…]
We think that, rather than wait for that or for some mythical consensus between the major parties which will promote the possibility of a constitutional reform going through, it is about time we did something about the problem. [More…]
But there is a genuine doubt as to whether a Commonwealth legislative enactment is the most efficacious way of proceeding and whether accession to the Convention and the provision of the abilities which this Convention grants will be provided on a sure constitutional basis. [More…]
I would be interested to know the way in which the AttorneyGeneral (Senator Murphy) views the constitutional base upon which the legislation is framed, because it does appear that the opportunity to enforce arbitration agreements or to rely upon awards made in foreign arbitrations is a right which citizens have in the conduct of their litigation within Australia. [More…]
In that sense there is a domestic matter which may have application so as to raise the question whether or not there is a constitutional base for the Commonwealth legislation. [More…]
Leaving aside some of the constitutional questions which may arise with regard to that, it obviously is a facility which is of great advantage if that award can readily be produced in the courts. [More…]
The principal question he raised is one of the constitutional bases of the legislation. [More…]
Are we to assume from this arrangement that Senator Greenwood was prepared to accept a representative of the DLP as being entitled to be in attendance at the Constitutional Convention but is not prepared to give like representation to Senator Hall, who is a selfprofessed Liberal? [More…]
But regardless of the petty attitude of the Opposition in this chamber, which is prepared to wreck the Constitutional Convention rather than have Senator Hall attend in the place of the former Australian Democratic Labor Party representatives who mercifully are no longer represented here, it appears that the Convention could not be held in any event. [More…]
So it appears that between them the Liberal and Country Parties have succeeded in wrecking the Constitutional Convention. [More…]
In this Bill, and particularly in the amendments which the Senate Standing Committee on Constitutional and Legal Affairs proposes, there are suggestions that the Commonwealth should go further in exercising its powers over marriage, divorce and matrimonial affairs. [More…]
Mr W. W. Hartin, the Deputy Director of the Cairnmillar Institute of Melbourne, made a submission to the Senate Standing Committee on Constitutional and Legal Affairs on this question of blame, guilt and fault. [More…]
I turn to the work of the Senate Standing Committee on Constitutional and Legal Affairs which has presented 2 reports to the Senate on this subject. [More…]
Others have suggested, as indeed a couple of the members of the Senate Standing Committee on Constitutional and Legal Affairs has suggested, that 12 months is too short and that we should opt for 2 years. [More…]
-There are some constitutional difficulties there. [More…]
The Bill which we are considering will have offered to it a number of amendments which are contained in the large report from the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I am grateful to Senator Missen and to Senator James McClelland for the way in which they have explained the views of the Senate Standing Committee on Constitutional and Legal Affairs and the purposes of the Bill. [More…]
In one of the paragraphs of the report of the Senate Standing Committee on Constitutional and Legal Affairs it was suggested that there could be another ground for dissolution, and that is the ground of intolerable conduct. [More…]
Before I deal with some matters of detail I wish to place on record 2 facts; firstly that I was a member of the Senate Standing Committee on Constitutional and Legal Affairs which examined the detailed provisions of this Bill and, secondly, that over a long period I practised professionally in this jurisdiction in the State of Tasmania both at supreme court and lower court levels. [More…]
I believe that out of its consideration of the effect of this legislation will ultimately come, together with some constitutional amendments- if they are possible- the ideal measure which Senator Baume has in mind. [More…]
I, like previous speakers, have had the privilege of serving on the Senate Standing Committee on Constitutional and Legal Affairs which examined a great deal of material on this matter. [More…]
They are basically the reasons which have led me, both as a legal practitioner and as a member of the Senate Committee on Constitutional and Legal Affairs, to reject entirely the present fault grounds for dissolution of marriage. [More…]
I refer to just 4 matters which have been dealt with in great detail by my colleagues on the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I wish that all honourable senators had had the opportunity to hear the views of the witnesses who gave evidence to the Senate Standing Committee on Constitutional and Legal Affairs and particularly the evidence of Judge Burnett of the South Australian Family Court. [More…]
Clause 9 1 of the Bill provides for the establishment of a Family Law Advisory Committee in respect of which a new draft section has been suggested in the report of the Constitutional and Legal Affairs Committee. [More…]
I pay tribute to the Senate Standing Committee on Constitutional and Legal Affairs for having done in a very short time a terrific amount of work on this highly important legislation. [More…]
I was very pleased to hear the comments of Senator Laucke when he paid tribute to the members of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I suppose that is not to be wondered at because members of the legal profession comprised the majority of the membership of the Constitutional and Legal Affairs Committee. [More…]
The points which were made in the 2 reports of the Senate Standing Committee on Constitutional and Legal Affairs- the interim report and latterly the substantial report- representing the judgment of the Committee on the Bill, have been of tremendous guidance to us. [More…]
-When the debate was interrupted this evening I had gone so far as to pay a well-deserved tribute to the Senate Standing Committee on Constitutional and Legal Affairs for the very valuable work which that Committee carried out in analysing submissions, approaching 120 in number, which were made to it and which enabled it to produce for the benefit of the Senate, firstly, an interim report and, subsequently, a substantive report based upon the Committee’s analysis and judgment of those submissions. [More…]
Many of the variations are prompted by the report of the Senate Standing Committee on Constitutional and Legal Affairs which was presented this month. [More…]
It has been suggested that it would be better if the period were 2 years, and I find that that extra period was suggested in the minority report that accompanied the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
And whereas the Senate is not only an independent House of Review elected democratically by the people with its own mandate to protect their heritage and constitutional rights, but is the States ‘ House by which all Australians in their own sovereign States formed long before Federation can bring together ideas and plans and resources for their mutual benefit and advancement, [More…]
-Has the AttorneyGeneral seen a report in today’s ‘Australian’ accusing the Senate Opposition of causing ‘a childish impasse’ over the Australian Parliament’s delegation to the Constitutional Convention by its insistence that Senator Steele Hall should be excluded from that delegation? [More…]
Does the Minister recall that during the referenda associated with the 18 May election Opposition senators campaigned against the referenda on the basis that the proposed constitutional changes should be considered by the sessions of the Constitutional Convention which have now been abandoned? [More…]
Does the Minister have any views on the desirability of continuing the Convention and the likelihood of its producing any solutions to Australia’s present constitutional difficulties in these circumstances? [More…]
I recall the statements of Opposition senators in the pre-election campaign that various referenda ought not to be carried because matters ought to be considered at the Constitutional Convention. [More…]
During the course of the debate the legislation was referred to the Senate Standing Committee on Constitutional and Legal Affairs for examination and report. [More…]
At that time I was a member of the Senate Standing Committee on Constitutional and Legal Affairs to which the Bill was referred although, as it happened, the time of the Parliament ran out before that Committee had completed its inquiries into the Bill. [More…]
It is reasonable to point out that even at this time there are many amendments which have been proposed by the Senate Standing Committee on Constitutional and Legal Affairs, which had this Bill referred to it for consideration and which did such an excellent job. [More…]
The report of the Senate Standing Committee on Constitutional and Legal Affairs stated: [More…]
Indeed the many recommendations which have come forward as a result of the excellent work done by those associated with the Standing Committee on Constitutional and Legal Affairs suggest that a great deal of variation is required to the Family Law Bill which is before the Senate. [More…]
I think that the definition of the Senate Standing Committee on Constitutional and Legal Affairs should be noted. [More…]
But broadly, having been a member of the Senate Standing Committee on Constitutional and Legal Affairs for many months, indeed years, I will be supporting the recommended amendments of that Committee. [More…]
That notwithstanding anything contained in the Standing Orders, the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs be empowered to consider the clauses of the National Compensation Bill 1974; and [More…]
I speak to the motion for referral of the National Compensation Bill to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The legislation was referred to the Senate Standing Committee on Constitutional and Legal Affairs for examination and then the Senate debated the matter further. [More…]
He has referred this legislation to the Constitutional and Legal Affairs Committee. [More…]
First of all, it was a proposal from the Government- an honourable senator on the Government side- which we agreed to quite some time ago before the debate took place in the other place, that this National Compensation Bill should be referred to the Senate Standing Committee on Constitutional and Legal Affairs for further investigation. [More…]
Credit should be given to the Senate Standing Committee on Constitutional and Legal Affairs which worked so hard and helped all of us so much to understand and to improve the Bill. [More…]
There are other provisions in the Bill that I find completely unacceptable and these urgently need further examination, examination beyond the limited examination that was made of them by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I would support strongly suggestion to defer consideration of Family Law Bill for 6 months to enable interested people to examine report of Senate Standing Committee on Legal and Constitutional Affairs presented 2 weeks ago. [More…]
full and proper consideration can be given by senators and all other interested persons to the report of the Standing Committee on Constitutional and Legal Affairs, tabled in the Senate on15 October; and [More…]
However we must, in good conscience, speak out against the radical changes proposed in the new Family Law Bill 1974, and ask for six months’ delay in any further debate on it, so that the clauses of the Bill and the extensive amendments proposed by the Standing Committee on Constitutional and Legal Affairs, can be properly and responsibly assessed. [More…]
The letter goes on: the Interim Report of the Standing Committee on Constitutional and Legal Affairs appears to give a false impression of the Hon. [More…]
In the short time that we have had to deal with this Bill and look at the report of the Constitutional and Legal Affairs Committee, there are people who are saying: ‘Please defer it; let us take a little bit more time ‘. [More…]
As a member of the Senate Standing Committee on Constitutional and Legal Affairs which considered the Bill, I think it is fair to say to the Senate that when I started my consideration of the Bill I had deep misgivings about what the Bill might achieve. [More…]
Clearly, on the evidence which was before the Senate Standing Committee on Constitutional and Legal Affairs, it can be insofar as dissolution of marriage is concerned. [More…]
In addressing myself to the second reading debate on this Bill, I express my gratitude to all senators, in particular those members of the Senate Standing Committee on Constitutional and Legal Affairs who have given searching and deliberate consideration to this Bill. [More…]
I would not on this ground support a hasty move on the Bill but I think the report we have received from the Senate Standing Committee on Constitutional and Legal Affairs is excellent. [More…]
I rise on the motion for the adjournment of the Senate to say that it is a matter for regret that the Constitutional Convention scheduled to be held in Adelaide next week has been postponed. [More…]
The postponement need not have happened, but the fact that it has happened dashes the hopes of those who saw in this Convention a real hope for an impetus to desirable constitutional reform. [More…]
Constitutional Convention had not taken place because of the action of the Opposition. [More…]
The editorial in this morning’s ‘Australian’ newspaper likewise sought to place the entire blame for the fact that the Constitutional Convention was not being held upon the Opposition. [More…]
Another point which is made in the editorial and which has been made on other occasions is that last year’s representation at the Constitutional Convention included the Demoratic Labor Party. [More…]
Another point which was made in the editorial in this morning’s Press to which I have referred was the credibility of the Opposition’s commitment to constitutional reform which must, it said, be seriously questioned. [More…]
Its policy documents have emphasised the reliance it places upon the Constitutional Convention as the forum in which a consensus can be developed from which constitutional changes can be developed. [More…]
These are matters of record and they are matters which indicate the Opposition’s commitment to the purposes of the Constitutional Convention. [More…]
Notwithstanding that it has right from the outset agreed with the Opposition parties that it would participate in the Convention, the Government has shown by its conduct that it regards the Convention as a less than satisfactory medium for securing support for constitutional changes. [More…]
Since this Government came into power we have had 6 referenda, not one of which has been carried and not one of which was submitted to the Constitutional Convention beforehand in an effort to obtain support from the representatives of the States as a means of achieving that sort of consensus which experience ought to have demonstrated was necessary for the carrying of referenda in this country. [More…]
One further proposal was suggested by the Government at the Constitutional Convention last September. [More…]
The Senate rejected it because it had not the support of the States and because it seemed proper that the matter ought to go back to the Constitutional Convention from which it had originally emanated. [More…]
This failure to support the Constitutional Convention as a forum where the referendum proposals could have been considered does suggest that the Government did not see any value in the Constitutional Convention as a place where support might be obtained. [More…]
The present Government appears to have regarded the defeat of the referenda as matters of pride and in petulance it has decided not to proceed further with the Constitutional Convention. [More…]
There was a meeting of the Executive Committee of the Constitutional Convention which was held in Melbourne in June of this year. [More…]
At the Constitutional Convention there was every opportunity for the proposition which prevailed in regard to all the other State delegations to prevail in the case of the Commonwealth delegation, that is, that there was a representation from each House of the Parliament and that there was equality of representation between the parties represented in the Parliament. [More…]
The South Australian Parliament has given to his Liberal Movement a representative at the Constitutional Convention. [More…]
I believe that for reasons best known to Mr Whitlam he decided that the Commonwealth should retire from the Constitutional Convention with what grace it was able to muster. [More…]
He was reading from a prepared statement and obviously was under some Party discipline to explain to the Senate why he had led the fight to wreck the Constitutional Convention. [More…]
While I have regarded him as a fairly authoritarian person, I really did not realise he harboured the dictatorial attitude that he revealed tonight, in his statement that he believed that the Liberal Movement could be represented on the Constitutional Convention only if his Party said so. [More…]
Therefore, it should not have a seat as part of the Senate at the Constitutional Convention because Senator Greenwood has not said so. [More…]
But as he ended, any regard that I had for his position evaporated as he attributed to the Government less than noble sentiments and said that it had set out to wreck the Constitutional Convention by including me as one of the delegates. [More…]
What proof has the noble lawyer to substantiate the charge he has made that the Government has deliberately wrecked the Constitutional Convention? [More…]
The honourable senator has attacked the Press for interpreting his obstruction to the Constitutional Convention. [More…]
The honourable senator said that only his Party should say, by agreement with others, who can be a member of the Constitutional Convention. [More…]
So this great democrat who bemoans the failure of the Constitutional Convention because his view as an Opposition member was not acceptable to the rest of the Senate and who has helped increase instability in Australian politics for years to come, is now trying to find an excuse. [More…]
His excuse is that the Government has deliberately set out to include me as a delegate to wreck the Constitutional Convention. [More…]
South Australians are rather amused and yet bewildered to find that their own members of the Senate on the Liberal side have voted in this chamber to deny a Liberal senator from South Australia a place on the Constitutional Convention at a meeting held in South Australia. [More…]
The proposition has been put forward that the Government set out deliberately to destroy the Constitutional Convention by proposing an additional Government member in place of the one of the 3 senators to whom the Opposition was entitled and that that Government member apparently was Senator Hall. [More…]
Regarding the matter of the Constitutional Convention I think it is right that if the Opposition is: to have? [More…]
There is no question that the recognised principle is that the Opposition has the right to select who represents it at such things as this Constitutional Convention. [More…]
As I indicated, that proposal was recommended by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
If the cost of hospital care of Pensioners is a Commonwealth responsibility, will the Minister undertake an urgent review of the present situation, so that the Commonwealth, by increasing its contribution in this area to the States can fulfil its Constitutional obligations. [More…]
Referenda were held in December 1973 on the questions of vesting in the Australian Parliament full constitutional powers to control incomes and prices. [More…]
That the amendment to the bill recommended by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interests of the children. [More…]
That the amendment to the bill recommended by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interests of the children. [More…]
But there is no doubt that in this and a number of other important constitutional cases it is quite disturbing that in the ordinary course decisions may not be given to resolve matters until a very considerable time passes. [More…]
If there exists in the mind of any Minister of the Crown, either now or in the future, the view that Parliament will be deprived of the right of knowing how its money will be spent and that that information will be withheld by the abolition of a method now available to Parliament for the first time perhaps in 60 years, then we will have reached a constitutional crisis. [More…]
That the matter of the interpretation of the 1965 compact insofar as it relates to new policies should be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
2) I should seek leave of the Senate to move a motion which, if passed, would refer the interpretation of new policies to the Constitutional and Legal Affairs Committee. [More…]
That the Senate refrains from the determination of its constitutional rights in respect of the proposed change in the contents of the annual Appropriation Bills and resolves to consider such Bills. [More…]
Therefore, I think that in terms of constitutional and parliamentary propriety the attention of the Treasury should be drawn to this matter. [More…]
Although the matters were small they served to remind the Committee that no action had been taken on the recommendation that it had made in November of last year in respect of referring this matter for consideration by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
These are matters of profound constitutional importance affecting, as they do, the powers of the Senate, and as such I believe that they merit the consideration of all honourable senators. [More…]
At the appropriate time I shall move for reference of this matter to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As I have already said, I note that the Estimates Committee in presenting a report to the Committee of the Whole has now re-affirmed the recommendation that was made to the Committee of the Whole in November 1973 by Estimates Committee C. The recommendation was that the matter of the interpretation of the 1965 compact insofar as it relates to new policies should be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Bearing in mind the letter that he read from my colleague the Treasurer (Mr Crean) that was tendered to the 1973 Estimates Committee, and without necessarily committing the Government at this stage, I personally can see no reason why the Senate as a whole, and indeed the Government, should object to the matter being referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That the amendment to the bill recommended by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interest of children [More…]
We are opposed to such action on the grounds that there has been ample time to discuss the bill with the community, and we are informed and.believe that many submissions have been considered by the Constitutional and Legal Affairs Committee and the report of that committee is substantially in accord with the Family Law Bill. [More…]
We are opposed to such action on the grounds that there has been ample time to discuss the bill with the community, and we are informed and believe that many submissions have been considered by the Constitutional and Legal Affairs Committee and the report of that committee is substantially in accord with the Family Law Bill. [More…]
We are opposed to such action on the grounds that there has been ample time to discuss the bill with the community, and we are informed and believe that many submissions have been considered by the Constitutional and Legal Affairs Committee and the report of that committee is substantially in accord with the Family Law Bill. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech movement and the communication of knowledge and information, [More…]
I refer to the answer he gave to a question I asked yesterday concerning the delay which seems to be occurring in the High Court of Australia, particularly in its consideration of the Seas and Submerged Lands Act and other major constitutional Acts that are being challenged in that Court. [More…]
We are opposed to such action on the grounds that there has been ample time to discuss the bill with the community, and we are informed and believe that many submissions have been considered by the Constitutional and Legal Affairs Committee and the report of that committee is substantially in accord with the Family Law Bill. [More…]
That the amendment to the bill recommend by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interest of children. [More…]
That the inclusion in Sub-section 54(2) of the Family Law Bill of the Clause recommended in paragraph 67(f) (2) of the Report of the Senate Standing Committee on Constitutional and Legal Affairs, which will allow ‘any fact or circumstance’ to be taken into account when considering maintenance, completely alters the whole concept of specific guidelines, as now set out in Section 54, and we oppose it. [More…]
That the inclusion in sub-section 54(2) of the Family Law Bill of the clause recommended in paragraph 67(f) (2) of the report of the Senate Standing Committee on Constitutional and Legal Affairs, which will allow ‘any fact or circumstance ‘ to be taken into account when considering maintenance, completely alters the whole concept of specific guidelines, as now set out in section 54, and we oppose it. [More…]
That whereas our constitutional parliamentary democracy was clearly developed as a Federation to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement and the communication of knowledge and information. [More…]
Mr Dawson said he believed the ALAO had a staff of solicitors who offered advice to people with problems relating to Federal law, including matrimonial and constitutional problems. [More…]
It originated as a matter of constitutional importance in 1963 when Senator Murphy sat somewhere near where I sit at the present moment. [More…]
Notwithstanding that I am talking of a constitutional issue, the facts are that during the time that I have had the responsibility of asking the Department of the Treasury for money I have never had any difficulty on behalf of the Senate in obtaining the money required. [More…]
The problem is that the Senate at the present moment is constitutionally pinioned by putting all the appropriations of Parliament into the ordinary annual services of the Government. [More…]
We are also involved in three other elements of the Constitution because, constitutionally, applications can be changed by the judicial judgment of the High Court of Australia. [More…]
There is a fourth method by which constitutional practice can be altered. [More…]
-Mr Acting Deputy President, I seek leave to move the motion which I foreshadowed in the debate last Tuesday, 12 November, relating to the report of Estimates Committee C, to refer a matter to the Standing Committee on Constitutional and Legal Affairs. [More…]
That the following matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs: [More…]
And that the Committee consider and report to the Senate upon the means by which the constitutional right of the Senate to amend proposed laws appropriating revenue or moneys for expenditure on matters other than the ordinary annual services of the Government may be preserved. [More…]
Another important point is that if ever there were a Bill before the Senate for rejection on constitutional grounds it should be this Bill. [More…]
We are opposed to such action on the grounds that there has been ample time to discuss the bill with the community, and we are informed and believe that many submissions have been considered by Constitutional and Legal Affairs Committee and the report of that Committee is substantially in accord with the Family Law Bill. [More…]
I listened with great respect to my learned friend, Senator Sir Magnus Cormack, who says by interjection that there is a matter of constitutional propriety involved in this. [More…]
I should like the Minister to state quite clearly and unequivocally to the Committee why there has been this departure from parliamentary propriety and parliamentary practice, and also why the constitutional responsibilities have been eroded by the executive government when Parliament seeks money. [More…]
In concluding on this point I want to emphasise another point raised in the report of the Senate Standing Committee on Constitutional and Legal Affairs- a matter which, again, was raised by Senator Missen in his speech to the Senate on 29 October 1974. [More…]
The history of this Bill is that it came into this Senate in August this year and was referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
It is a Bill which was drawn up by lawyers, which has been adjudicated on entirely by lawyers because the Senate Standing Committee on Constitutional and Legal Affairs is, I think, comprised entirely of lawyers, and which, if it becomes law, will then be interpreted by judges and lawyers. [More…]
It is a great pity that this Senate and the Senate Committee on Constitutional and Legal Affairs have not sought to put the situation right, because for whatever reason the Committee’s report presented a part of Mr Justice Selby ‘s evidence in such a way that he at least feels that he has been misrepresented. [More…]
In evidence before the Senate Standing Committee on Constitutional and Legal Affairs, Mr Justice Selby is quoted as saying: [More…]
Since the measure has been put down we have had the benefit of a report from the Standing Committee on Constitutional and Legal Affairs. [More…]
It is interesting to note that in 1971 Senator Murphy was able to persuade the Senate to refer to the Standing Committee on Constitutional and Legal Affairs the following matter: The law and administration of divorce, custody and family matters with particular regard to oppressive delays, costs, indignities and other injustices. [More…]
The Senate decided to refer to the Standing Committee on Constitutional and Legal Affairs this matter. [More…]
It is interesting to note that it was on the initiative of Senator Murphy that this Bill was referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I wonder whether those senators who have spoken in the debate, particularly those who have spoken today, have read the report so ably placed before the Parliament by the Constitutional and Legal Affairs Committee. [More…]
I am assured by members of the Standing Committee that Senator Murphy has acceded substantially to the overwhelming majority of recommendations of the Constitutional and Legal Affairs Committee. [More…]
We know this is not so, and the abundant evidence which was placed before the Senate Standing Committee on Constitutional and Legal Affairs by reputable people, people engaged in this jurisdiction, people who have spent a great portion of their working lives in this area, shows clearly and concisely that this Bill simply changes the concept of divorce. [More…]
I am struck by the words and the views of people like Judge Butnett of South Australia who drew the attention of the Senate Standing Committee on Constitutional and Legal Affairs to facts which I had not considered previously. [More…]
There were many witnesses to the Constitutional and Legal Affairs Committee from a wide variety of organisations including the Law Council of Australia and groups from Western Australia associated with the legal fraternity. [More…]
I trust that it will adopt the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I commend the Standing Committee on Constitutional and Legal Affairs for its report and for many of the recommendations and comments by the Committee on the proposed legislation. [More…]
Many of them are certainly the result of the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs following its examination of this matter. [More…]
It has already been referred to the Senate Standing Committee on Constitutional and Legal Affairs, as I have said, but many more amendments have since been proposed. [More…]
Senate procedures, at some stage after 16 August the names of the members of that committee were communicated to the President and the Committee- the Senate Standing Committee on Constitutional and Legal Affairs- was formally constituted. [More…]
The reports of the Senate Standing Committee on Constitutional and Legal Affairs ought to be considered and the views ought to be able to be taken into account by those who are interested in the ultimate form which this legislation will take. [More…]
To really understand that you have to go to the report of the Standing Committee on Constitutional and Legal Affairs, which is a time consuming task as I can assure anyone who wants to undertake it. [More…]
I stop there in my reading simply to say that I would have thought that there is considerable doubt as to whether, in regard to that proposed jurisdiction, there is constitutional authority for such a court to be established. [More…]
I do not know how this problem can be resolved if the Senate is of the opinion that such a court should be established, but I urge the Attorney-General (Senator Murphy) to consider the problems with which the Commonwealth Government was faced after the High Court decisions of Knight v. Knight and Kotzis v. Kotzis in 1970, because the result of those High Court decisions was that awards of maintenance and awards of custody made by commissioners of Supreme Courts who had been unconstitutionally invested with a jurisdiction which the High Court declared they did not have, were orders and awards without any valid operation. [More…]
If in some way this issue as to whether there is constitutional power can be raised for consideration before it is acted upon- supposing that the clauses go through- I think that a lot of the problems in the future can be resolved, because it would be absolutely disastrous to have a family court established as a Commonwealth court of record in which the decisions made by that court were not sustained by the High Court. [More…]
We do not have the same constitutional framework as America has but we ought to recognise that there are different types of family court structures. [More…]
We ought to have one in Australia which is consonant with our constitutional obligations and divisions of power as determined by the High Court. [More…]
If, as I read elsewhere in this report, the family court is to be a superior court of record, there is no question of in general judges being appointed for life; it is a matter of law and constitutional requirement that every judge of a Federal Court should be appointed for life. [More…]
It is fraught with constitutional problems. [More…]
Embarrassments upon embarrassments will be caused if constitutionally the situation cannot be sustained and in terms of appointments, structures, staff and court buildings it will add an enormous expense in an area where there is no occasion for those enormous problems to be encountered. [More…]
That the amendment to the Bill recommended by the Constitutional and Legal Affairs Committee will ensure that the rights of women who play the traditional role in society will be protected, as will the interests of the children. [More…]
Is it saying that the State Government should not dare to challenge the constitutional claims that have been embodied in this legislation which this Government has passed? [More…]
That whereas our constitutional parliamentary democracy was developed on the Rights of Magna Carta to preserve for all time to the Australian people their cherished right to live as free men and women, enjoying complete liberty of worship, assembly, speech, movement, the communication of knowledge and information. [More…]
Has he read anything in the report of the Senate Standing Committee on Constitutional and Legal Affairs about counselling? [More…]
In other words, the long title simply recites the 2 constitutional heads of power pursuant to which this legislation is placed before the Parliament. [More…]
In relation to Senator James McClelland ‘s attitude and his reference to the Festival of Light, this was a very poor exhibition by no less a person than the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I regret to have to say this to the Chairman of the Constitutional and Legal Affairs Committee but I repeat that this Committee took evidence only in relation to this Bill. [More…]
It is true that a good deal of the Bill deals with marriage dissolution but the constitutional power extends further than that. [More…]
Senator Everett referred to the constitutional provisions. [More…]
I think this Bill has some constitutional aspects which ought not to be overlooked. [More…]
To that extent I think the name of the Bill goes beyond what could be regarded and ought properly to be regarded as constitutional power. [More…]
In doing so I should perhaps point out to Senator Sir Kenneth Anderson that I think Senator Everett referred to the long title of the Bill in the context of saying that that really reflected the use of the constitutional power. [More…]
I suppose in the Senate chamber where we are not concerned fundamentally with where constitutional power ultimately lies one cannot speak in terms other than the risk of what is being done. [More…]
Maybe all will go well until at some late stage a person will rely upon a constitutional point and the edifice will come tumbling down. [More…]
I would say that the Constitutional provision is quite clear. [More…]
These words are words of caution and if we are to embark, as this legislation proposes, upon giving to the Commonwealth a wide power and to give to all the instrumentalities to be established by this Bill power to make decrees and orders on applications of that character and subsequently they should be found to be invalid as beyond constitutional power, it is fair to say that people will be denied what they believed they had received and were entitled to. [More…]
-The amendment which Senator Greenwood has moved goes to the very heart of this Bill and certainly to the very heart of the report of the Senate Standing Committee on Constitutional and Legal Affairs because, if it succeeds and if these amendments are made to the definition of matrimonial cause’, we may be sure that practically all that is sought of substance in the Bill will be defeated. [More…]
A very valuable work on this precise subject- the constitutional power of the Commonwealth to regulate family relations- by Professor Sackville, who is known to all honourable senators, and by Professor Howard, who is the General Counsel to the Attorney-General, is reported in the 1974 Federal Law Review at page 30. [More…]
One thing is clear: lt is not suggested that this approach ought not to be taken if it can constitutionally be taken. [More…]
As I understand it, no argument is raised against the desirability of the definition, if that can be done constitutionally. [More…]
I would ask the Senate not to alter the definition because to do so would really take away the features of this legislation which I think have been generally applauded as very great advances and if they are constitutional they are eminently in the public interest. [More…]
I think Sir Garfield Barwick and the Parliament in 1959 looked at the constitutional power and they sought, consistently with earlier definitions, to limit the operation of the Act to that constitutional power. [More…]
But I invite him to consider that if in this area constitutional power is lacking legislation will not rectify the position because there is no Commonwealth power to rectify it. [More…]
I do not know how the Standing Committee on Constitutional and Legal Affairs adverted to these matters. [More…]
One is that I do not advocate this because of some hope or desire alone that this is within constitutional power. [More…]
Therefore I suggest that all these powers should be put within the ambit of matrimonial cause and should be transferred, in my opinion and the opinion of some members of the Senate Standing Committee on Constitutional and Legal Affairs, in many cases to the State courts, which are to be known as family courts. [More…]
This is not the proper forum to try to analyse the width of the constitutional power. [More…]
Certainly the view that the Commonwealth has not exhausted its constitutional power in this area finds support from the High Court. [More…]
After careful attention, careful consideration and careful draftsmanship, it is considered that this fits within the constitutional power. [More…]
I am satisfied that we should proceed and not be deterred by what is suggested by Senator Greenwood about possible lack of constitutional power. [More…]
Once again I urge Senator Greenwood to study the document which emerged from the deliberations of the Senate Constitutional and Legal Affairs Committee. [More…]
In regard to this matter the Senate Standing Committee on Constitutional and Legal Affairs recommended: [More…]
Most of the amendments proposed by the Senate Select Committee on Constitutional and Legal Affairs were adopted by the Attorney-General (Senator Murphy) and that is why he has been moving them. [More…]
I notice- I think I am correct in saying this-that the Senate Standing Committee on Constitutional and Legal Affairs did not make any recommendation with regard to this question. [More…]
I have been talking to the Chairman of the Senate Constitutional and Legal Affairs Committee and he and I both have a distinct recollection that when this matter was discussed by that Committee the feeling was that the whole of the words proposed in the AttorneyGeneral ‘s original amendment No. [More…]
-Senator Greenwood will be pleased to hear that, as a member of the Senate Standing Committee on Constitutional and Legal Affairs, I agree with the observations he makes with respect to clause 14 (6) (a) regarding the words ‘an opportunity to consider’. [More…]
May I say that this is one of the recommendations of the Standing Committee on Constitutional and Legal Affairs. [More…]
The second point I make is that the Committee considered that amendment was desirable in order to increase the constitutional strength of the power contained in the proposed new clause 14a- in other words, that the availability of the counselling facilities should be pursuant to a formal filing of a document invoking those facilities in the Family Court. [More…]
One other argument prevailed strongly on the Senate Standing Committee on Constitutional and Legal Affairs when making its recommendation to change ‘notice of marriage breakdown’ to notice’ so that a person can seek the counselling facilities of the court. [More…]
I think that the Senate Standing Committee on Constitutional and Legal Affairs took the matter as far as that in its considerations. [More…]
It is desired by the members of the Senate Standing Committee on Constitutional and Legal Affairs to extend that so that people do not necessarily have to institute divorce proceedings to secure a settlement of property. [More…]
So it will probably have greater constitutional validity than if the proposed clause were not there. [More…]
I appreciate what Senator Baume is putting, but the ever present concern is that which was mentioned earlier this evening, that is, the question of constitutionality. [More…]
If you give assistance to a person as a person you might be getting into something that is not quite as related to marriage or to the other constitutional heads of power. [More…]
I do not suppose that anybody will greatly challenge it, but some attention has been paid to the available heads of constitutional power even in that. [More…]
Thirdly, whilst I fully appreciate and can see the points which the Attorney-General makes about the need to have regard to the head of constitutional power, this is a facilitatory area in which one would not believe that constitutional questions are likely to cause concern. [More…]
I would have thought, without harking back to an earlier debate, that there is more problem about heads of constitutional power in other areas than in this area. [More…]
This is based on the recommendation contained in paragraph 30 of the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs recommended that there should be a Family Court of Australia which was to be a superior court of record, and that the jurisdiction ought to be vested in it. [More…]
The first purpose is to take full advantage of the constitutional powers of the Australian Government in relation to exchange control regulation of the financial aspects of overseas transactions. [More…]
I propose to say a few words on this matter because undoubtedly the creation of the Family Court, whether it be Federal entirely or State and Federal, is of great interest to the members of the Senate Standing Committee on Constitutional and Legal Affairs, lt was, of course, a major part of the recommendations that that Committee put forward- that there certainly should be a family court taking up all the jurisdictions which were otherwise spread in a great mass of courts, in different ways, and which were a constant cause of jumping from jurisdiction to jurisdiction and the cause likewise of cost and of frustration for litigants. [More…]
I hope that this Senate will see the wisdom of adding to that the State concept which the Constitutional and Legal Affairs Committee recommended and mentioned in its report. [More…]
During the second reading debate I. made a comment about the place of family courts and Senator James McClelland indicated by way of interjection that some of the things I was hoping family courts could achieve probably had no constitutional head of power. [More…]
If there is a constitutional limit to what can be done by the Commonwealth I think we have a pretty strong argument for inviting the States to be involved in the setting up and operation of family courts. [More…]
I have read and re-read what the Senate Standing Committee on Constitutional and Legal Affairs said about this matter of a family court. [More…]
Then there is a recognition that because of the constitutional limitation that judges must be appointed for life, there are problems which the Committee wants to overcome. [More…]
The Commonwealth has no constitutional power to appoint officers to State courts. [More…]
Not only will the probable division of labour between the Superior Court and courts of summary jurisdiction be in inverse relationship to the intricacy of the respective subject matters with which they will be dealing, but important areas of family law will, for constitutional reasons remain outside the scheme. [More…]
Drawing support from what Professor Finlay has said I emphasise that he recognised this constitutional limitation upon this concept of family law which the Bill is not prepared to recognise. [More…]
I believe that all of these factors are indications of some limitation upon the efficacy of a Commonwealth Family Court on a constitutional basis and in the area of jurisdiction. [More…]
The Constitutional and Legal Affairs Committee is entirely in agreement with the idea that you cannot reform the summary courts and get them sufficiently into the position where they can deal properly with these matters. [More…]
Three members of the Constitutional and Legal Affairs Committee advocate State courts and this is contained in the report as a suggestion. [More…]
I would have thought it would have struck him right at the outset as having constitutional problems which he would not have thought would have been so easily passed over as, in fact, they have been passed over. [More…]
I agreed, as a member of the Senate Standing Committee on Constitutional and Legal Affairs, to amendment No. [More…]
They owe allegiance to the Crown as do members of Parliament and all other officers who are charged with responsibilities which are part of our constitutional frame. [More…]
Before we put the remainder of the clause that deals with the Family Court I wonder if the Attorney-General (Senator Murphy) or the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs would inform me whether the proposed amendments with regard to the establishment of the Family Court have embraced some of the comments that were made in the Senate Committee’s report with regard to the functions and activities which we would hope would be envisaged in the service that this Court would give. [More…]
This is an amendment which the Liberal members of the Senate Standing Committee on Constitutional and Legal Affairs at least, consider of great importance to the operation of this Bill. [More…]
Yet because of constitutional limitations and other limitations which flow from the very provisions of this Bill, the State Family Courts must be inferior, they must be second class compared with the Federal Family Court. [More…]
A fourth point is that judges of State family courts could not, because of constitutional limitations, exercise the jurisdiction which would be conferred on the Federal Family Court under proposed sections 17m(1), 17m(2), 17ma and 17n because those proposed sections deal with a jurisdiction which flows from the Marriage Act and that could not, except by the leave of this Parliament, be conferred on State courts. [More…]
As a member of the Senate Standing Committee on Constitutional and Legal Affairs, it seems to me that this section departs from the whole notion of a family court as that Committee saw it. [More…]
But in this piece of legislation- subject to the argument which has gone on before in which Senator Greenwood and Senator Everett have perhaps been the main protagonists- we have to see this matter at this stage of the Committee debate as a proper exercise of the constitutional power of the Commonwealth. [More…]
It is not the sort of exercise of the constitutional power of the Commonwealth which detracts in any way from the powers of the States. [More…]
I am perfectly confident, as is Senator Everett, that a constitutional amendment on this issue could be carried, it there was the will to do so, as a way of resolving this problem. [More…]
Members of the Senate Standing Committee on Constitutional and Legal Affairs will recollect that it was a judge of that court- Judge Burnettwho I think probably persuaded the Committee more than any other witness, of the value and importance of a Family Court exercising jurisdiction under this type of legislation. [More…]
I find it extraordinary, in view of the record of constitutional amendments- defeat after defeat- that anybody in this chamber would believe it is a simple solution to have the Constitution amended. [More…]
Moreover, we would avoid all the incipient constitutional problems that I can foresee. [More…]
In the interests of having the Bill passed, I am agreeable to altering this in accordance with the wish of the Senate Standing Committee on Constitutional and Legal Affairs, that is, to propose that the 12 months must elapse before the filing of the application for dissolution. [More…]
-This amendment stems from an unanimous recommendation of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I have had the opportunity, as have all honourable senators, to read the reports of the Senate Standing Committee on Constitutional and Legal Affairs and also to read the transcripts of evidence which were made available to us. [More…]
On page 25 of the report of the Standing Committee on Constitutional and Legal Affairs appears the following statement: [More…]
I found the proceedings of the Constitutional and Legal Affairs Committee of considerable help when I was examining this question of where we stand with regard to matrimonial fault and trying to make up my mind. [More…]
It is obviously a matter which gave the Constitutional and Legal Affairs Committee considerable concern and which exercised it for a considerable time. [More…]
So I looked further into the evidence presented to the Constitutional and Legal Affairs Committee. [More…]
The Constitutional and Legal Affairs Committee went as far as looking at a provisional draft for a possible second ground. [More…]
The Constitutional and Legal Affairs Committee was sufficiently concerned and uncertain about this matter to go into it in great depth and detail to examine just what place matrimonial fault had. [More…]
Mr Acting Deputy President, I bring up the report of the Joint Committee on the Northern Territory relating to constitutional developments in the Northern Territory, together with the minutes of evidence. [More…]
I have pleasure in presenting to the Parliament the report by the Joint Committee on the Northern Territory on ‘Constitutional Development in the Northern Territory’. [More…]
The first words of evidence given to the Committee were ‘the constitutional development of the Northern Territory represents a complex and unique problem’. [More…]
Constitutional development is a step by step forward movement and the next step in this process in the Territory is the granting of some executive responsibility to the Legislative Assembly. [More…]
The Victorian Government’s authority is being challenged, not by constitutional processes, not through the courts, not in the Parliament and not in the ballot box, but by extraconstitutional means. [More…]
That whereas our constitutional parliamentary democracy was developed on the Rights ofthe Magna Carta to preserve for all time to the Australian people their cherished right to live as free nien and women, enjoying complete liberty of worship, assembly, speech, movement, the communication of knowledge and information. [More…]
B) The prevention of any attempt of similar action by all Constitutional and legal means. [More…]
-Is the Leader of the Government in the Senate aware that the Government of the State of Victoria recently invited certain Victorian senators to a Cabinet meeting to discuss so-called State rights constitutional matters? [More…]
I present an interim report from the Standing Committee on Constitutional and Legal Affairs on its inquiry into the clauses of the National Compensation Bill 1 974. [More…]
Thai the date for presenting the report of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs on the clauses ofthe National Compensation Bill 1974 bc extended until 30 April 1975. [More…]
Honourable senators will be aware of paragraph 55 of the report ofthe Senate Standing Committee on Constitutional and Legal Affairs in which the Committee recognised that there may well be differences of views regarding the appropriate period of separation in proving irretrievable breakdown. [More…]
Having studied the Bill and the report ‘of the Senate Standing Committee on Constitutional and Legal Affairs, he said that he has some doubts about the one year separation. [More…]
Mr Chairman, the 12 months period is favoured by the majority of the Standing Committee on Constitutional and Legal Affairs and the relative committee of the Law Council of Australia. [More…]
In a sense my judgment has been determined by the report of the Senate Standing Committee on Constitutional and Legal Affairs of which I was a member. [More…]
I intervene at this stage to seek some clarification from the Attorney-General or from some member of the Committee on Constitutional and Legal Affairs. [More…]
-I am prompted to speak very briefly in this debate because earlier today Senator Baume referred to some questions which as a member of the Senate Standing Committee on Constitutional and Legal Affairs I had asked during the course of the Committee’s investigation of this matter. [More…]
Further- this is the result of the recommendation of the Senate Standing Committee on Constitutional and Legal Affairs -if the court is in doubt as to whether proper arrangments have been made in relation to the children, it may adjourn the proceedings until a report regarding those arrangements has been obtained from a welfare officer. [More…]
When he gave evidence -some time ago now- Mr Justice Selby, who was the first witness to appear before the Senate Standing Committee on Constitutional and Legal Affairs, stressed the point that people really must be encouraged to work at their marriages. [More…]
With respect to Senator James McClelland, that is not what the law is, and I am surprised at the cursory treatment that was given to this matter by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The clauses of the Bill were referred to a Committee of the Senate- the Standing Committee on Constitutional and Legal Affairs. [More…]
It is in line with the recommendation of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs was of the opinion that it was not necessary to impose a standard that the child had to establish was necessary for him. [More…]
I saw what the Constitutional and Legal Affairs Committee said. [More…]
This will probably have greater constitutional validity because there already will be proceedings in the court. [More…]
The sort of situation which the Standing Committee on Constitutional and Legal Affairs had in mind was one where a man of some means- I am not talking about a man who won the lottery or about a millionaire; I am talking about a man of some means- obtained a divorce after one year’s separation from a wife who may have been entirely unwilling to agree to the divorce but who, because of this law, has been divorced and she was clearly entitled to maintenance, and substantial maintenance, for herself and the children of the marriage and obtained such an order. [More…]
What is desired by the 6 members of the Committee on Constitutional and Legal Affairs is to insert at the commencement of that clause the amendment I have just moved so that it would then begin with the words: ‘Subject to the provisions of Section 55 (3)’. [More…]
What is desired by the Committee on Constitutional and Legal Affairs is that clause 55 (3) should be read with sub-clause (4a), otherwise they would appear to be inconsistent. [More…]
The Committee on Constitutional and Legal Affairs considered that the words which I seek to add at the end of subclause ( 1 ) were desirable; in other words, that irrespective of intention, if the making of the instrument or disposition had the effect of defeating claims then it was liable to be set aside by the court. [More…]
I remind the Senate that in my participation in the second reading debate I urged delay because I thought the report of the Senate Standing Committee on Constitutional and Legal Affairs should have been circulated and understood by the public and that public opinion should have become vocal. [More…]
I also would like to associate myself with the remarks just made by Senator Wood and I think I can do so on behalf of my colleagues on the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
-Very briefly, as the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs to which this matter was referred for examination in some detail, I would like to associate myself with the remarks of Senator Durack. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs which examined this measure presented 2 reports, and those reports were not available to the public until the day on which the debate in this Parliament commenced. [More…]
I also thank the Chairman and members of the Standing Committee on Constitutional and Legal Affairs. [More…]
It is one thing to consider a high constitutional position but the point is whether this principle should be extended to a whole range of citizens, the permanent and temporary employees of the Australian Government. [More…]
The first is to take full advantage of the constitutional powers of the Australian Government, particularly in relation to exchange control regulations where they have regard to financial transactions overseas. [More…]
This Bill is a machinery measure designed to meet legal and constitutional requirements associated with the Government’s financial transactions and accounting arrangements. [More…]
There is an urgent need for the Commonwealth Government to recognise our traditional constitutional responsibilities and act accordingly to ensure that the resource of people and material is not wasted as at present. [More…]
Thirdly, the requirement will be extended to encompass proposals which involve the constitutional power of the Australian Government. [More…]
These extensions merely use Australian Government constitutional powers which, because of the indifference of earlier government to environmental issues, were never applied. [More…]
I take the view- I go back to the constitutional basis of this Senate- that we have the right to review legislation and to amend or reject it. [More…]
This Senate has constitutional rights. [More…]
Australia has consistently supported the British Government’s Five Principles as the basis for a constitutional settlement in Rhodesia, especially the fifth principle that any basis proposed for independence must be acceptable to the black majority of Rhodesia. [More…]
I remind the Senate, as I said in my speech on the second reading of this Bill, that with this sort of power being extended by Bill after Bill passed by this House, the States are rapidly becoming constitutional skeletons and ultimately will become unnecessary in the system of Australian Government. [More…]
That, to me, is the final insult to the States, which are already rapidly becoming constitutional skeletons within the so-called Australian federation. [More…]
I predict that if this sort of legislation continues to pass through this House in numerous forms on various subjects but with a similarity of control the States will rapidly, as I have said, become constitutional skeletons. [More…]
-I rise to second the amendment moved by Senator Durack and to speak on this matter as a layman and also as a member of the Joint Committee on the Northern Territory, which inquired into constitutional reform of the Northern Territory. [More…]
It must be remembered that it was not this Parliament, not the Opposition, not any element of the Parliament other than the Government which moved in August 1973 that the Parliament should set up a joint committee which had as its special reference the responsibility of reporting on the constitutional development of self government in the Northern Territory. [More…]
On the second objective of the Government the Minister has moved quickly to give effect to the first stage of constitutional reform for the Northern Territory, namely, a fully elected Assembly. [More…]
The matter of referral of State powers was raised by the Prime Minister at the Constitutional Convention in September 1973 and has been pursued subsequently with the States but with no results, so far as the non-Labor States are concerned. [More…]
Some of the amendments tend to delimit the constitutional assumptions which are made by the Bills. [More…]
If we are exceeding our constitutional power in the Bill it would seem that there is another place where that can be dealt with rather than here in the Senate. [More…]
I am no lawyer, but there might be some argument about the application of constitutional power. [More…]
The simple answer to that is that the effect of the Bill and therefore the application of the administrative procedures cannot transcend the constitutional power of the Australian Government. [More…]
It does not apply to any matters which are outside the constitutional powers of the Australian Government. [More…]
One can only hope that one day by constitutional referendum the powers of the Australian Parliament will be increased so that this measure can be a much more embracing one. [More…]
This Bill provides for the establishment of the Australian Housing Corporation which is being created to strengthen the Australian Government machinery to perform those housing functions for which the Australian Government has constitutional power. [More…]
Within the limitations necessarily imposed by the overall demand on its financial resources the Government will from time to time make housing loans available to families and to those other specific categories of home seekers within the Australian Government’s constitutional responsibilities. [More…]
The Government sees this Corporation as the instrument to assist many groups of people who fall within its constitutional responsibility but who do not have ready access to the forms of housing assistance at present available. [More…]
Corporations and Securities Industry Bill 1 974 -yet to be considered by House of Representatives National Compensation Bill 1974 -report on Clauses by Standing Committee on Constitutional and Legal Affairs due 30 April 1 975 [More…]
It is clear also that the Opposition would be no more able to exercise effective controls over wages and salaries than is the Government at the present time because of the lack of constitutional power, but at least this Government has taken the initiative to support the proposal for the indexation of wages now before the Arbitration Commission. [More…]
As Senator Drake-Brockman has acknowledged, the Bill is before the Senate Standing Committee on Legal and Constitutional Affairs, on the motion of an Australian Labor Party senator, my distinguished colleague Senator Everett, Q.C., who moved that there be a further inquiry into the matter by the Senate Standing Committee. [More…]
I am not aware that Senator Murphy, as he then was, gave any opinion to the Government on the constitutionality of the Bill in question. [More…]
It was not relevant for him to pass on the constitutionality or otherwise of the Bill because the Government was proceeding always on the basis that it did have the constitutional basis to present this Bill to the Parliament. [More…]
One of the constitutional conventionsthe manner of filling casual vacancies in the Senate- is threatened. [More…]
The precedent was followed 6 times in the next 6 years, and in 1958 the Joint Committee on Constitutional Review reported on the question. [More…]
As the Committee had already reported to the Parliament it sought a constitutional formula to require the Parliament or Governor of a State in making an appointment to fill a casual vacancy arising in the Senate, to choose some one who was a member of the same political party as the senator whose place had become vacant. [More…]
At this juncture, the Committee merely reiterates its view, expressed in the first report, that all members who sat on the Committee thought the principle should continue to be observed without exception so that the matter may become the subject of a constitutional convention or understanding which political parties will always observe. [More…]
This proposed constitutional vandalism demands that all democrats stand up and be counted. [More…]
Could he permit a lifetime of dedicated and passionate support for constitutional conventions to be compromised by running for cover when faced with a question of prinicple? [More…]
Then there was the Joint Committee on Constitutional Review, of which Senator Wright was a member, which brought down a report in 1959. [More…]
The Committee desired to recommend a constitutional amendment whereby, if the senator for a State whose place has become vacant was a member of a political party, the Parliament of the State or the Governor of the State should be required, in filling the vacancy, to choose a person who was a member of the same political party as the vacating senator. [More…]
In that circumstance, particularly from the point of view of the State governments in this country, surely the Senate is the only braking force that those governments have in the constitutional set up. [More…]
Is there a constitutional backing for that sort of thing or is this just the changing of a practice? [More…]
We will find that he has taken constitutional advice and, much against his will, he has decided, even though it would have been better for the people pf Australia if he had proceeded to put somebody from his party or the Country Party into the Senate, all things considered that he will not go ahead with his proposal. [More…]
We are an elected house of Parliament and we have constitutional rights and responsibilities. [More…]
Because we have been elected we are able to function and accept the constitutional responsibilities. [More…]
I remind them that the election last May did return a number of senators who in a particular sense are capable of exercising constitutional responsibility. [More…]
We accept that there is a constitutional requirement in regard to the filling of a casual vacancy. [More…]
I am suggesting that the present situation is evidence of the reaction of a State Government when it has an opportunity to use its Constitutional power under section 15 of the Constitution to show its displeasure. [More…]
the Joint Committee on Constitutional Review in 1958 about the filling of vacancies. [More…]
I also support it with a feeling of sadness in that I look across at the Opposition benches and I see a number of honourable senators who, over a long period of years, have proclaimed their insistence on the observance of the Constitution and constitutional conventions; yet on this issue and in this context, purely to give some protective ointment to the Premier of New South Wales they retreat from those convictions that they have professed so strongly over such a long period. [More…]
Last Monday, when the Premier of New South Wales first made the threat that is the subject of this debate, was a black day for parliamentary integrity; it was a black day for respect for constitutional convention throughout this nation. [More…]
At least until after the Premiers Conference tomorrow Mr Lewis has given himself a let-out because he has appointed a sub-committee to consider the legal and constitutional implications of his threat. [More…]
As Senator Wright has interjected, I remind him that he was a member of the Joint Committee on Constitutional Review which reported in 1959. [More…]
That is what the Joint Committee on Constitutional Review said in 1959. [More…]
It is a jack booted deprivation of their constitutional rights. [More…]
The article by an academic in the ‘Australian’ today to which I have referred suggests, as I have said, the next counter move in this constitutional game of chess. [More…]
This is what happens once people start to tinker with constitutional convention and constitutional practice. [More…]
I hope I never see the day- I would have thought that the professed upholders of the Constitution would never want to see the day- when matters of this nature will be the subject of chess moves of a constitutional character in order to gain political advantage. [More…]
To my mind that argument ignores the fact that the courts are interpreting matters, so far as the High Court is concerned, of extreme constitutional and social concern. [More…]
It would be quite wrong to describe his practice as confined to industrial or constitutional law. [More…]
In addition the Joint Committee on Constitutional Review in 1959 recommended in paragraph 59 and 60 of its report as follows: [More…]
The Committee desired to recommend a constitutional amendment whereby, if the senator for a Sta”; whose place has become vacant was a member of a political party, the Parliament of the State or the Governor of the State should be required, in filling the vacancy, to choose a person who was a member of the same political party as the vacating senator. [More…]
This is probably one of the reasons why in the past the Joint Committee on Constitutional Review found difficulty in phrasing an amendment. [More…]
My re-reading of the debate satisfies me that Senator Withers was making the important point that the way in which the Federal Government of this country has in recent months and years treated the States, the actions by the Government both in regard to the Gair affair and in regard to the interference by constitutional amendment with the States’ rights in regard to the Senate by introducing non-State representatives and also the attacks that have constantly been made on States and the infringement of their powers have left many State leaders in a position where they considerably fear the intentions of this Government, and I think justifiably so. [More…]
If the Liberal Party as the great upholder of constitutional tradition in this country and the great upholder of the position of the Senate does not view this possible departure from that convention with the greatest concern and if it attempts to substitute that view of greatest concern with one of commendation, it will be a somewhat meek and mealy-mouthed form of the tradition which has prevailed. [More…]
It is sad that the Party of Sir Robert Menzies which in 1 95 1 , defeated on the Communist Party Dissolution Bill by the decision of the High Court, took appropriate steps constitutionallysteps which a Party in that position should take- and sought a referendum to obtain power in connection with that issue. [More…]
My second purpose is mainly to take advantage of this occasion to put on record the ramshackle situation that is left in the constitutional provisions with regard to casual vacancies in this place which I have lived to learn has become much more important even in my time. [More…]
But if I go further and say that it would be fair in political discussion for people to be anxious as to the purpose of the appointment- that the Attorney-General who promoted certain constitutional claims which are being contested by the States should be translated from the AttorneyGeneralship to the High Court for the purpose of giving weight in the adjudication o.” [More…]
But the third point about it is that these disciples of elevated constitutional integrity- I notice that Senator Everett is out of the chamber at the moment, and I wish expressly to bring him within the aura of the phrase- ought to give credit to the Opposition in the Senate when it does maintain the Constitution and established conventions, and when the Opposition goes further and commends to the parliaments of the States the practice that has been observed in this regard they might become a little generous in their understanding. [More…]
In addition to constitutional provisions and conventions the Opposition commends the acceptance of and compliance with the practices that have been observed in regard to section 15. [More…]
Let us proceed to a constitutional discussion. [More…]
Without a constitutional amendment to section 15 of the Constitution, the Parliament could not go on and fulfil completely in the provisions of the Commonwealth Electoral Act the only method by which proportionalrepresentation could be completely applied. [More…]
I am discussing this matter constitutionally. [More…]
They may take the view that having that constitutional responsibility they are bound to take into consideration all sorts of matters affecting the public interest of this Commonwealth and their State as well as the practice that has been developed in connection with filling casual vacancies since 1949. [More…]
Because of the added importance of casual vacancies as a result of proportional representation ensuring fairly evenly divided Senates, it was recommended that the constitutional provision for the rilling of casual vacancies should be reviewed. [More…]
That was understood by the Joint Committee on Constitutional Review, of which I was a member, as was the Prime Minister (Mr Whitlam). [More…]
The Joint Committee on Constitutional Review considered providing the review that the double dissolution committee had recommended. [More…]
As reported in the Constitutional Review Committee’s report the Committee found it impossible to devise a provision which would allow for the transmission of votes according to party nomination. [More…]
I think we might reflect that there were the greatest difficulties before the Constitutional Review Committee in writing in a specific provision that would become constitutional law requiring that the successor on a casual vacancy should be a member of the same party as the vacating senator. [More…]
One need only state these points to see that it is quite inappropriate, as the Joint Committee on Constitutional Review decided, to write a rigid formula of words into the Constitution to give effect to this practice. [More…]
If an appointment to the High Court is for the purpose of giving strength to a judicial position by the participation of an Attorney-General who has already advised on highly important constitutional matters- I do not say that is the position, I previously referred to it by way of explanationif the nominee of a political party was on other than political grounds completely unacceptable to the big majority of the members of the State Houses, if a member of a political party had changed his political allegiance during his membership of the Senate or if he were a sole independent person in the Senate who had no right to have any political succession attributed to him, the practice is ill defined and demands the judgment of those responsible for its application. [More…]
If the States concede their constitutional power to fill a casual vacancy they could refer that power to the Parliament of the Commonwealth and enable the Commonwealth, having got rid of section 15, to go on and add to the present truncated proportional representation provisions, those provisions that would enable casual vacancies to be filled in accordance with those principles by a transfer and a recount of votes. [More…]
Am I to be attacked as subverting the Constitution when I point out that in accordance with its provisions the practice might be translated into a convention or even into a constitutional power? [More…]
I would have thought in a highly contentious political arena such as this that it would be questionable whether a convention has been established in the full meaning of a constitutional convention. [More…]
Having established incontrovertibly that, in accordance with the constitutional law, the sole responsibility for filling this vacancy rests with the Houses of Parliament of the State, and commending a practice that has been established in the last 25 years, I suggest that in that respect I am seeking to uphold the Constitution scrupulously. [More…]
I think they are as capable of assessing the constitutional and political repercussions as are members of this chamber. [More…]
Senator Withers simply said that the States are being challenged and their rights are being encroached upon by many Acts of this Parliament, including a number of Acts whose constitutional validity will come before the tribunal to which the ex-senator has been appointed. [More…]
The purpose of our amendment was to make 2 statements- a statement as to who actually has the legal right to make the appointment, which cannot be quibbled at because it is a legal and constitutional right, and a second statement on the procedure we believed States should follow when there is a casual vacancy in the Senate. [More…]
I inform the Senate that today I received a letter from the Leader of the Government in the Senate nominating Senator Grimes to be a member of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs. [More…]
It gives effect to the principle recommended by the all party Joint Parliamentary Committees on Constitutional Review in 1958 and 1959 that the terms of senators should be changed from fixed terms of 6 years, to 2 terms of the House of Representatives so that the elections for both Houses of our Parliament would take place simultaneously. [More…]
That was the view of all but one member of the Joint Committees on Constitutional Review. [More…]
The constitutional amendment now proposed will give senators a term of service equal to 2 terms of the House of Representatives. [More…]
The Government would hope that on this occasion the Opposition will treat this Bill with the objectivity that marked the consideration of this difficult problem in the Joint Committees on Constitutional Review during the 1950s. [More…]
Before the Constitutional Review Committees recommended this reform there had only been 3 occasions on which an election had been held for one house alone- for the House of Representatives in 1929 and 1954 and for the Senate in 1953. [More…]
There is only one way in which simultaneous elections of the Senate and the House of Representatives can be assured at all times and that is by the constitutional amendment that is proposed in this Bill. [More…]
Appeals from the High Court in constitutional and other federal matters have been abolished. [More…]
Appeals from all State Courts in constitutional and federal matters have been abolished. [More…]
The High Court was not confined, as is the Supreme Court of the United States of America, to federal or constitutional cases. [More…]
The Prime Minister has since had discussions with the United Kingdom Prime Minister and it has been decided that the best course to resolve these issues is to reintroduce the Bill, and to give every opportunity for questions as to its validity to be raised in the High Court of Australia, in accordance with proper constitutional processes. [More…]
There is little support for any fundamental change in the existing constitutional system or for the overthrow of existing democratic institutions. [More…]
Each has a particular function, and each is based upon a constitutional program. [More…]
It was no accident that the lengthiest and most detailed section of that document dealt directly with cities, centres, regions, and local government and the social, financial and constitutional questions associated with them. [More…]
For instance, we cannot say that we have a constitutional responsibility in certain areas of government. [More…]
It is also clear that it will continue to deny him that possibility and that it will deny him access to the scalpel of constitutional amendment whereas he still has access to what I would call the bludgeon of section 96 of the Constitution. [More…]
In part IV of that platform, on the first page, we find a series of constitutional matters for which the Labor Party stands. [More…]
What I would like to talk to the Senate about is the fact that the Labor Party has seen a second way of doing this, an indirect way which perhaps has got around the need for the constitutional amendments that it claims in its platform that it wants. [More…]
If honourable senators look at the published documents of the Labor Party, and in particular to some of the addresses of its present leader and the present Prime Minister of Australia, Mr Whitlam, they will find a fairly clear indication of why the Labor Party finds the present constitutional arrangements in Australia quite unsatisfactory. [More…]
In the speech which I have just quoted he canvassed a number of ways in which Labor could tackle constitutional reform either through ordinary amendment or by using different devices such as State governments referring powers to the Commonwealth. [More…]
In a reference to the Constitution, after stressing the constitutional difficulties in the way of a Labor Government, he said: [More…]
Although it has not put forward constitutional amendments which would achieve all the objectives which are set out in the platform, it has certainly put forward a series of amendments which go some of the way and which achieve some of those aims. [More…]
I think it is a little strange that it took the ALP as long as it did to get on to the idea that section 96 could be used to solve the real problem that it has, namely, that the Australian people do not want it to change the constitutional structure of Australia. [More…]
I merely say at this stage that if I obtain leave to continue my remarks later I propose to deal with the actual figures which have been thrown up in the last 2 years’ Budget Papers and which indicate that the use of section 96 has expanded enormously under this Government and has reduced the ability of State governments to carry out in any true fashion their constitutional responsibilities. [More…]
While noting that other motions considered at the meeting calling for stringent action are still the subject of a postal ballot, I ask: ( 1 ) Is the Minister aware of the strong objections of most Victorian solicitors to the development of a Government service under no statutory authority, operating beyond the constitutional powers of the Commonwealth and under no agreement or arrangement with other legal aid services which have operated effectively in this area for many years? [More…]
If the House of Representatives is brought to an election in a period shorter than the period of 3 years for which it was elected, of what concern is that to the Senate, the constitutional chamber of this Parliament of Australia? [More…]
Was it to change the constitutional relationship between the 2 Houses of Parliament? [More…]
No democracy can survive if it has not a responsible and recognisable brake within its constitutional set-up. [More…]
Senator Scott also has to explain, as does Senator Wood, why such sinister interpretations were not placed upon a proposal such as we are advancing when the matter was considered back in 1958 and 1959 by the Joint Committee on Constitutional Review. [More…]
Surely it is not suggested that the Joint Committee on Constitutional Review was some sort of subversive bolshevist organisation. [More…]
But even if the external affairs power were exclusive, and there is nothing in the Commonwealth Constitution to make it- so, relations between the United Kingdom and the States on matters that form pan of the constitutional structure of the States, such as the position of a State Governor or appeals to Her Majesty in Council, are clearly not external affairs. [More…]
It would be to deny history and the very essence of State constitutional institutions to describe constitutional relationships with the United Kingdom as an external affair. [More…]
This constitutional principle was affirmed in 1935 by the Report by the Joint Committee of the House of Lords and the House of Commons appointed to consider the Petition of the State of Western Australia. [More…]
We are told that it should be done, first of all, by means of the Constitutional Convention which in fact was aborted in its activities by action taken by the Opposition in the Senate only a few months ago. [More…]
No, but we have heard so much about the Constitutional Convention. [More…]
In the course of all the referendum campaigns we have been told that these matters should be left to the Constitutional Convention. [More…]
When this legislation comes before the Senate we are told that this matter should be left to the Constitutional Convention. [More…]
When this legislation comes before the Senate we are told that this matter should be left to the Constitutional Convention. [More…]
What is lacking in an approach to the Constitutional Convention is any enthusiasm to get on with it and to get on with any of thes issues. [More…]
The Constitutional Convention has become a large filing tray in which the Opposition can insert anything it does not want to deal with at this stage. [More…]
According to the Opposition, it will all be left until the Constitutional Convention is held. [More…]
The Constitutional Convention may be asked at some stage to consider this matter; but, if the Opposition thinks it is right now that appeals to the Privy Council should be abolished, now is the time to do it. [More…]
I do not think that all arguments in relation to constitutional law should be confined to those who have been trained to argue legal cases and who, in political terms, move into the area of sophistry and do not acknowledge that nations are built to a large degree on an emotional content. [More…]
I would have thought that if the Opposition was sincere in saying that appeals to the Privy Council ought to be abolished, that the High Court ought to be the final court of appeal within Australia, then it would have supported this Bill albeit expressing whatever reservations it might have as to its constitutional validity. [More…]
When Senator Greenwood used that as an argument he was using it in the context of a division of constitutional and legal authority. [More…]
As I have said before, if this legislation transcends constitutional power it will be struck down by the High Court in the proper and normal way. [More…]
If it does not transcend constitutional and legal power, then it achieves a purpose that the Opposition says it wishes to see achieved. [More…]
The first was that there should be no appeal from a decision of the High Court on a matter involving the limits inter se of the constitutional powers of the Commonwealth, and those of any State or States without the certificate of the High Court. [More…]
I do not take the view that it is proper to debate the constitutional legality of measures at any length. [More…]
It is clear that although contrary views have been taken by others over recent years the Government has been advised that it is constitutionally proper for it to submit this legislation to the Parliament. [More…]
I would have thought that the Opposition would have shown its sincerity in its expressed desire to abolish appeals to the Privy Council if it had put its opposition to this measure more on the basis of constitutional legal power if it wanted to oppose, or if it had taken the alternative course of saying: ‘We support this Bill because it achieves the result which we wish to be achieved. [More…]
I rise with some hesitation to respond to him because I fear the man who commences his argument on a purely constitutional legal matter, parading sincerity and finishing on sincerity, putting forward an argument which was hopelessly inadequate in the Labor conference in Launceston and expecting it to be effective here in the Senate; that is especially so when that exponent of sincerity went to London as a member of the 6-State delegation to argue the proposition that the Commonwealth was incompetent to request this legislation and that it was the prerogative of the States to say whether or not an appeal from the States’ common law jurisdiction should be abolished. [More…]
-I will return to the Deputy Premier and Attorney-General of Tasmania, who used the unique, unprecedented constitutional occasion of unanimity on the part of the 6 States to impress London with the argument that it was the States and the States alone who had the authority under the Statute of Westminster to request an amendment to the right of citizens of the States to appeal to the Privy Council. [More…]
The first argument that sincere people should advance is one that is governed by self discipline and one to which, by all the proprieties of lifeconstitutional ones not accepted- and the decencies of citizens’ rights, they feel bound to abide by. [More…]
When one comes into a Federal Parliament one has other parameters, but they are equally definite and they are denned by one’s constitutional rights. [More…]
With those guidelines, sincere people desiring to expose but not to expand the true constitutional limits would say: ‘When Federation was established we established a High Court and a federal judiciary’, which in relation to the next Bill to be debated by the Senate I shall try to demonstrate that the Government is seeking to confuse and condemn the country by exploitation ‘but in the State sphere we maintained the Supreme Courts, the State judiciaries, the State Constitutions, the State powers and the State laws’. [More…]
The only question for sincere people to consider on this occasion is whether we have guiding ourselves a sense of self discipline or an expansionist idea, as Dr Cairns had on ‘ Monday Conference ‘ last night, to fly by the seat of the pants on the last impulsive notion that comes to us on the basis that we are a self established constitutional authority. [More…]
One would have thought that a stern admirer of consistency such as Senator Wright would have raised his voice in support of the principle which he enunciated as long ago as 1959 as a member of the Joint Committee on Constitutional Review when he went along with this proposition: [More…]
-Senator Wright is a man who manages to be vocal on matters of some triviality and I would have thought on this most important constitutional matter of the day we would have heard from him. [More…]
If there is some doubt as to the constitutional power of the Australian Parliament to pass this legislation and if Senator Greenwood holds the High Court in such reverence, why is he so reluctant to allow the High Court to decide this matter? [More…]
Only this afternoon when we were discussing the question of a referendum to decide another matter we found a lot of approbium poured on the idea that the Australian Parliament should be called upon to decide matters of constitutional importance. [More…]
During the debate on the report the Senate resolved that the Standing Committees on Health and Welfare, Social Environment and Constitutional and Legal Affairs should continually oversight the report and recommend from time to time the further measures which might be taken to implement the recommendation or overcome the problems revealed in the report. [More…]
Some of these areas would be more appropriately dealt with by the Standing Committee on Social Environment and the Standing Committee on Constitutional and Legal Affairs. [More…]
We suggested that the living environment and legislation could be more appropriately dealt with by the Standing Committee on Social Environment and the Standing Committee on Constitutional and Legal Affairs respectively. [More…]
We in the Opposition are pleased that the Senate rejected that Bill and left the way open, if the Government will only utilise the course, of consulting with the States and involving the constitutional convention in the resolution of this problem. [More…]
Secondly, there are the inter se questions as to the constitutional powers of the Commonwealth and the States which the High Court may certify as properly appealable to the Privy Council. [More…]
The text illustrates by various doctrines of finding in the Federal courts a constitutional issue, the doctrine of pre-emption which, as I understand it, means much the same as our occupying the same field for the purpose of a test under section 109 of the Constitution, by the references to constitutional causes and now the underwriting of criminal cases by human rights and, I might say, the undermining of the enforcement of criminal cases by this doctrine, the utter weakness and danger of the system. [More…]
I endeavoured to have that argument established in the report of the Constitutional Review Committee of which I was a member from 1956 to 1959. [More…]
lt would also add complexity to our legal system, and the 2 systems would be explicable only by an expert on constitutional law. [More…]
It must also be seen in the light of the growing significance of Commonwealth legislation and constitutional power whether apparent under Liberal or Labor governments. [More…]
I appreciate Senator Wright’s chronic addiction to a constitutional view which springs from horse and buggy days. [More…]
The result of that growth has been that, unless the number of High Court justices is increased, there is a serious risk that the volume of work in the original jurisdiction of the High Court will inhibit the Court’s capacity to fulfil its principal role as an arbiter of constitutional questions and as the nation’s ultimate appellate court. [More…]
After careful consideration of the Bill, the Association is convinced the apparent theoretical advantages which have been suggested by the Government for the Superior Court are far out-weighed by other serious, practical and constitutional problems. [More…]
It is a fact, as Senator Everett mentioned, that in the middle 1 960s the Law Council of Australia and some of the constitutional legal bodies saw merit in the proposal for a Superior Court. [More…]
I hope we will see a system under which there is one hierarchy of courts, in which the role of the Commonwealth and the States can, by constitutional process, be so geared that the problems which occasionally arise, the delays, the duplication and even the disputes about appointments, can be overcome. [More…]
Here is a case in industrial law in Australia where there is a long standing, crying evil due to the fact that we have an equivalent of the American system, that is, 2 different competing systems of law based on different constitutional powers being exercised by State courts and by Federal courts. [More…]
The concept of a family court which the Senate Standing Committee on Constitutional and Legal Affairs came up with I believed should be decided upon before we proceed with the Superior Court Bill. [More…]
The question of whether the Commonwealth or the States has the responsibility within the Australian constitutional framework for the exercise of rights arising or the performance of obligations accepted under the International Convention on the Continental Shelf and under the Convention on the Territorial Sea and Contiguous Zone is undecided. [More…]
Having regard to what Justices of the High Court have saidand all witnesses who gave evidence on this aspect generally concurred- it would appear that the Commonwealth has the constitutional power to legislate under its external affairs power to give effect to international obligations. [More…]
If they do so, it would mean that in significant and, possibly, expanding areas the Commonwealth heads of power would become more extensive than the constitutional provisions expressly contemplate- and, consequentially, reduce the exclusive area of State authority. [More…]
We assented some months ago to the first part of this Bill, which claimed for the Commonwealth sovereignty over this area in respect of minerals, whether oils or others, and we assented to that for the express purpose of enabling that intensely contentious constitutional question to be decided by the only appropriate tribunal- the High Court. [More…]
So, having given to the Government the right to test its constitutional authority to mine for minerals in the off-shore zone, we are unwilling to apply to that off-shore zone- whereas to oil there is a co-operative arrangement with the States, each State administering its own designated area- an administrative patchwork, for other minerals in the same area, that has its origin in the genius of Connor to give directions on any subject notwithstanding the laws of the Australian Capital Territory purported to be applied to it and with the Minister having the right to delegate any of his powers to any officer of the Public Service. [More…]
Unless we have some machinery available to us and unless we have the constitutional power in this area, obviously there is little we can do. [More…]
Acting as paymaster and feesetter, the Government will effectively have nationalised the medical profession even without the constitutional power to do so. [More…]
I must express here- I am entitled to do so- my doubts about the necessity for these 2 measures to be joined together on a constitutional basis. [More…]
It follows from the Constitutional position, as we understand it, that it is rather for the national Government to retain powers unto itself than to prescribe a series of functions to be transferred to local control. [More…]
Equally, there is some question whether the Government has the constitutional powers to go as far as it has gone in the Bill. [More…]
If, when the matter is being considered again- I anticipate that this will be in the very near future- he believes that the problem is of such complexity that it should be referred, for example, to the Senate Standing Committee on Constitutional and Legal Affairs, it would be quite open to him or to any other honourable senator so to recommend. [More…]
The Australian Government does not have complete constitutional power to perform all housing functions, but it does have substantial powers. [More…]
In addition, so far as it can within its resources, the Corporation will make housing loans available to families, using the family allowance provisions in the Australian Consitution, and it will also make loans to those other specific categories of home-seekers for whom the Australian Government has a constitutional responsibility. [More…]
In spite of the minor nature of the error the Government considers that, in view of the constitutional significance of the Bill, it is important that it should express exactly the intention of the Government. [More…]
1 should like to have the benefit of his advice and the advice of Senator Wright on this matter which to me is extraordinarily important in the Australian constitutional scene. [More…]
Let us make this clear: It is no argument to say that the Commonwealth Government cannot do these things directly because of lack of constitutional power. [More…]
Finally, at least some of the proposed powers are of very dubious constitutional validity. [More…]
In rejection of that reply I make the point that of course there are constitutional limitations in relation to the direct intervention of the Commonwealth Government for those specific purposes. [More…]
But if there are constitutional limitations covering all of the Australian people, why is the Commonwealth-State Housing Agreement not ultra vires the Constitution? [More…]
The Australian Government does not have complete constitutional power to perform all housing functions, but it does have substantial powers. [More…]
That is one of the constitutional powers that we have. [More…]
Immediately we say that we are without constitutional power to carry out the provision. [More…]
All in all this is only a means of the Commonwealth exercising a power it has to overcome the many problems we have experienced in housing construction, particularly under the previous Government which made necessary such things as the undesirable homes savings grants, to overcome speculation in building which puts the price of land beyond the reach of home owners, and to bring about a situation where we have some orderly organisation in these fields over which the Australian Government has constitutional power. [More…]
whether there may be any area of company activity and operation outside the ambit of Commonwealth constitutional power and whether there are appropriate courses e.g. [More…]
The third matter is whether there may be any areas of company activity and operation outside the ambit of Commonwealth constitutional power. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs has a very full program for the rest of this year. [More…]
If the honourable senator wants all the things that he has dredged up, including the constitutional power question, to be considered by a select committee of this chamber, whose members will have primary and fundamental duties to this Senate and will have only the recess between the end of this autumn session and the commencement of the Budget session in which to hear mountains of evidence that will surely be a repetition of what has been said in the past, I suggest he is not genuine in his desire to see this legislation translated into law. [More…]
-We referred it to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
For the proposed regulation of foreign corporations, financial corporations and trading corporations, the Commonwealth would appear to need an additional constitutional power which it does not yet have. [More…]
Just as the last leader of the Liberal Party refused to assert his authority over Mr Lewis in New South Wales when he flouted a constitutional convention, so the present Leader of the Liberal Opposition has refused to exert his authority in an area which is properly the field of Commonwealth legislation without any interference from the interest of the States in legislative form. [More…]
There are additional matters of great importance which such a committee should consider, namely, the constitutional powers which may justify this Bill. [More…]
Does this Bill in fact exceed the constitutional powers of the Parliament? [More…]
I hope that the honourable senator would not expect any of the unfortunate members of the Senate Standing Committee on Legal and Constitutional Affairs, who are already busily traversing the length and breadth of this great continent to inquire into the National Compensation Bill, having recently completed their Herculean labours on the Family Law Bill, should be required now to set their minds to repeating the exercise at which so many of us laboured for so long and for so many years. [More…]
If we could arrange to fill in the constitutional gaps where the Federal power is deficient I would much prefer a uniform companies law throughout Australia. [More…]
I have referred to possible constitutional deficiencies. [More…]
The question of licensing stock brokers in that fragmented field and the rules relating to prospectus and the rules relating to market securities in that fragmented State field surely would impel anybody to try to get together with the States to see whether or not by some constitutional process an effective Bill, as far as possible beyond the range of foreseeable constitutional challenge, should not be brought into Parliament for both the efficacy of the industry and its integrity. [More…]
I can remember that from 1956 to 1959 the Joint Committee on Constitutional Review made recommendations in relation to company law. [More…]
This body must have adequate power, in the constitutional sense. [More…]
Am certain such an agreement would be more effective more quickly than if present incomplete Bill passes into law due to undoubted constitutional challenges which will arise. [More…]
The Senate should consider the questions I have raised, perhaps by reference to a committee where argument could be heard from those versed in constitutional law. [More…]
We would be remiss in our own obligations and responsibilities to the Senate and to the Australian public that we serve if we allowed the serious constitutional questions that have been raised to remain the subject of contention and unresolved. [More…]
In doing so we must have proper regard to our constitutional responsibilities and to the requirements of due process since the allegation of failure to obey a specific constitional requirement is a serious matter. [More…]
It is not my intention to enter into a long debate on the constitutionality of this matter. [More…]
It is a curious fact that whenever changes are proposed- a number of constitutional amendments have been proposed by the present Government- they always seem to be met with the stiffest opposition from the other side of the chamber. [More…]
They are not elected in the constitutional sense as members of a political party. [More…]
It may well be a good reference to send to the Constitutional and Legal Affairs Committee to take evidence in the 6 States concerning the various Constitution and Electoral Acts and perhaps report back to the Senate as to a proper method of overcoming what I think is an injustice to members of State parliaments. [More…]
But I quite agree with Senator Poyser that there needs to be a very careful look at this from the legal, constitutional and Electoral Act angles. [More…]
If the Opposition thinks that in 2 weeks we will clear up this constitutional position which has never been challenged- there are also the other problems that we have at the present time- it is being highly optimistic. [More…]
Secondly, the Opposition is asking us to deal with the constitutional aspect of this problem in a very short time. [More…]
I do not think I could hold out any great hope to the Opposition that in the period of one, two or three weeks before the Bill is returned to the Senate we will be able to deal with a constitutional position about which nobody has ever been able to make up his mind. [More…]
State government insurance offices which engage in the life assurance business are not subject to the requirements which Senator Drake-Brockman mentioned, for constitutional reasons and be>cause the life policies of the State government insurance offices are guaranteed by the respective States. [More…]
I do not believe there is any doubt about the intention of the constitutional provision now being debated. [More…]
Anyone who has read the constitutional debates will have seen what its framers desired. [More…]
This inquiry could take evidence from legal and constitutional experts. [More…]
If so, the advice should not be confined to the Government because this is not a political matter; it is a constitutional and parliamentary matter. [More…]
I ask the Minister for Manufacturing Industry, who represents the Attorney-General, whether he is able to confirm that there are currently at least 10 cases before the High Court of Australia in which Commonwealth legislation or its administrative procedures are under constitutional challenge. [More…]
Is he able to confirm the report published today that the constitutionality of sections of the Trade Practices Act also are to be challenged before the High Court? [More…]
Will he obtain from the AttorneyGeneral information as to the constitutional challenges pending in the High Court and the stage which the challenges have reached, and place that information before the Senate? [More…]
Is he also able to inform the Senate whether the Government acts in accordance with legal advice tendered to it as to the constitutionality of its measures before it adopts them? [More…]
How then, and under what constitutional warrant, has this Commonwealth Government assumed the title, ‘Australian Government’, and imposed a series of ancillary titles denying the correct constitutional Commonwealth title and status in the Australian federation? [More…]
However, I suggest that it is primarily a matter of preference and not a matter on which any great constitutional matters turn. [More…]
I now remind the House of the constitutional situation. [More…]
I suppose ‘remind’ is the wrong word because most honourable members have never come into contact with this sort of thing in their time, and perhaps I should say that I shall explain the constitutional situation. [More…]
I simply say that in the haste of some honourable senators to ensnare their political opponents and their wives in a net of constitutional breach they demean the Senate and themselves. [More…]
It was that reading which convinced me in the final analysis of the need to accept the consensus which exists in the Senate and that this matter should be taken out of the area of disputation amongst honourable senators and sent into an area where the Senate could be informed by the Court of Disputed Returns, the High Court of Australia, whether there exists the case in which Senator Webster had- and I believe unwittinglybreached the constitutional requirements of section 44 and section 45. [More…]
To abolish proceedings completely would be to deprive members of the public of the opportunity of taking action to enforce the constitutional requirements of pecuniary interests. [More…]
The scheme could bring with it constitutional problems and certainly will bring industrial problems as the laws of the 2 States are so different. [More…]
The Constitutional Convention has not yet progressed to a stage of any formal recommendations and the States have not been receptive to the suggestion that local government bodies be represented on the Loan Council and the referendum to amend the Constitution has failed, chiefly I suppose, because its effect was misunderstood. [More…]
I think you meant that we resolved upon a course whereby a judicial committee should be set up to inquire into circumstances relating to the constitutional provisions for disqualification. [More…]
That the time for presentation of the report of the Standing Committee on Constitutional and Legal Affairs on the clauses of the National Compensation Bill 1974 be extended till 30 June 1975; [More…]
The matter of the clauses of the National Compensation Bill 1974 was referred to the Senate Standing Committee on Constitutional and Legal Affairs on 30 October 1974. [More…]
-Senator Greenwood would be wise to listen because he is on very bad constitutional ground. [More…]
The constitutional basis of this grant is section 8 1 of the Constitution. [More…]
Is it because the Attorney-General apprehends that if the High Court was able to pass judgment upon the way in which the scheme has been developing it would say that the scheme has been developed by the Commonwealth without constitutional power? [More…]
This is not the only area of Commonwealth expenditure which is subject to constitutional doubt. [More…]
On what constitutional basis are these grants made? [More…]
Has the Department and the Minister taken legal advice as to whether the Commonwealth is entitled to make these grants, or may it be said that they lack all constitutional basis? [More…]
Not for that reason but for constitutional reasons the State Government insurance offices are not covered by the Insurance Acts or the Life Insurance Act and no one so far, to the best of my knowledge, has claimed that this gives them an unfair advantage. [More…]
The function of Parliament constitutionally is to see that performance is carried out in accordance with constitutional practice. [More…]
This is a method of nibbling away at the constitutional practice of the past. [More…]
So the point is that the Government would be able to spend any part of this amount, which I have said is running at the rate of almost $600m, on any objective that the Government chooses, and it would not have to ask the Parliament for its approval or have parliamentary authority for it, nor would it have to have constitutional authority for it. [More…]
The first relates to the constitutional justification which might have been offered for this legislation; the second is to consider whether laws of this character can be expected to have the overall beneficial effects which can be claimed for legislation which deals with racial discrimination; and the third is to specify a little more precisely why the Opposition will propose its type of enforcement in preference to that which the Government has suggested. [More…]
States which had the constitutional power to enact laws in these areas. [More…]
Subsequently Professor Wootten as he then was, now Mr Justice Wootten, gave evidence before the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
He cast some doubts on the constitutional validity of some of the clauses of the Bill. [More…]
The Government therefore fully supports the current moves by concerned African states towards a constitutional conference between the African National Council and the Smith regime to achieve such a settlement. [More…]
I quote again from the report of the Committee of 1954 which very thoughtfully expressed the constitutional principle. [More…]
Nevertheless, the Treasury stated that it observed generally the traditional constitutional principle of prior parliamentary approval. [More…]
I would be seeking some further detail in this context so that we may proceed in more detail with the examination of the statement that has been provided; but I felt that as an introduction to this discussion today we should put into context the constitutional principle, which has been upheld, of prior parliamentary approval for expenditure by government. [More…]
The procedures which have been followed this year are no different from those which have been followed in the past, and I was glad to hear that principle corroborated by 2 members of the Opposition, one of whom was Senator Guilfoyle, who agreed when questioned in an interjection by Senator McAuliffe that the Government had not broken any legal or constitutional provisions, although she said that it had broken the spirit of them. [More…]
I point out that on 9 April 1968, when the then Leader of the Opposition, the Prime Minister (Mr Whitlam), delivered a paper titled ‘Political and Constitutional Problems in National Transport Planning’ for the Special Lectures in [More…]
This would allow an expression of views from those people in the community who wish to express their interpretation of the legislation, from the people who have to work within the legislation and from the State governments which find great threats to the constitutional powers which they wish to exercise in matters relating to transport within their own States. [More…]
A Federal Labor Government will promptly restore the machinery the Constitution intended and vest it with the Commonwealth ‘s full constitutional powers to plan and provide modern means of communications between the States. [More…]
It was realised that in addition there should be created a constitutional body, partly administrative and partly judicial. [More…]
More particularly, perhaps, did the founding fathers look to the American institution, the Federal Inter-State Commission, which has operated with expanding authority in the Federation which was our parent so far as constitutional structure is concerned, namely, the United States of America from then to now. [More…]
So, in our Constitution section 102 provided that there shall be an Inter-State Commission with such powers of adjudication and administration as the Parliament deems necessary for the execution and maintenance of the constitutional provisions and laws of trade and commerce. [More…]
As I can recall it, the Constitutional Review Committee, representing the 3 major Parties in the Parliament at the time, unanimously recommended the reconstitution of this Inter-State Commission, first for the purpose that I have mentioned. [More…]
But, secondly at that time we followed a terrific era of constitutional contention in the High Court when, for a long time, the view prevailed that transport legislation in some way escaped the prohibition of section 92 and that it was not required to provide free transport among the States. [More…]
Taking the constitutional principles as a guide, one would find that only one of those cases in a thousand would ever need to go before the courts if one adopted an administrative approach. [More…]
It seems to me that anyone who asserts that they are a constitutional exercise of power pursuant to section 10 1 of the Constitution or pursuant to any other head of power is simply using the vehicle of this Inter-State Commission to pursue a campaign against unions for party political propaganda purposes. [More…]
We ought to realise that in Australia we suffer from the grave disability that the central government, the Federal government- call it what you like- has completely inadequate economic powers, so much so that in December of 1973 it went to the people to obtain a constitutional change to give it power with respect to incomes and prices. [More…]
It is also a matter of history that subsequent efforts to reconstitute the Commission failed, despite the recommendations of the royal commission of the late 1920s and the recommendations of the Joint Committee on Constitutional Review of the late 1950s. [More…]
I would assert to the Senate that it is perfectly clear that the InterState Commission was intended by the founders to be essential- I emphasise the word ‘essential’ to the constitutional machinery and to the federal structure of the Commonwealth. [More…]
As the Commission has been, in practice and in effect, a dead body for some 60 years- since 1950 it has been completely legally dead- as the Joint Select Committee on Constitutional Review which met from 1957 to 1959 reported that there should be an Inter-State Commission, and after all the references, including the report of the Senate Select Committee on Off-shore Petroleum resources which some years ago contained a similar recommendation, surely the Opposition is able to crystallise its thinking by tonight or tomorrow as to what the powers of the Commission should be. [More…]
Senator Wriedt wanted to bring before the Senate the record of Opposition senators who at times have expressed support for the Inter-State Commission and he sought to rely for support on the Joint Committee on Constitutional Review in 1959 which recommended the re-establishment of an InterState Commission. [More…]
It is a Bill designed to put into effect a constitutional provision and this puts it in a special category. [More…]
There is to my mind no doubt that the members of the Joint Committee on Constitutional Review have a right to be heard in this matter, and they have not been heard so far. [More…]
I concede that there are some grounds for the adoption of a Bill to implement the constitutional provisions. [More…]
Court of Australia had declared its most significant and purposeful function to be unconstitutional. [More…]
There was a royal commission in Western Australia in 1925, a royal commission in South Australia at about the same time, and a Constitutional Review Committee in 1928, all of which recommended the reconstitution of the Inter-State Commission. [More…]
Then in 1 958-59 we had the report of the Constitutional Review Committee, which was a joint committee of this Parliament. [More…]
We were told by the Minister when he introduced this legislation that it was the Government’s intention at this time for the Inter-State Commission to operate under the constitutional provisions by which it was empowered to be constituted, only in the field of transport. [More…]
Obviously the Commission, because of the limited nature of its constitutional powers, will not go as far as that. [More…]
-Last night Senator Wright took some pride in saying that he and the Prime Minister (Mr Whitiam) were the only 2 remaining members of the Constitutional Review Committee. [More…]
It has been said that if we do this we shall disturb the present State organisations which are advisory bodies, and that there are changed circumstances today as between the time when the Constitutional Review Committee was established or the time when the Constitution was set down. [More…]
He should know that the general powers of the Conciliation and Arbitration Commission rely upon the very special constitutional basis provided for in section 51 (xxxv) of the Constitution, and he will also know that this is not a provision of the Constitution relating to trade and commerce. [More…]
The honourable senator will have every chance to argue the constitutional views. [More…]
It is my view that it is a pity that following the execution of that document legislation was not enacted at a State level, where there is less constitutional uncertainty, to deal with the question of racial discrimination. [More…]
There is at present a related question under constitutional challenge in the High Court involving the legislation by the Australian Parliament providing for grants to the States for schools conducted by churches and other religious organisations. [More…]
It is worth noting, particularly in the light of the Bill introduced by the Government and which is before the Senate now, that in a similar measure the United States of America reserved the right not to implement sections of the Convention which, as the Americans put it, contradicted America’s own constitutional provision for the freedom of speech. [More…]
One should not have to refer to the sheer duplication and waste by the Commonwealth in covering areas of administration already constitutionally the prerogative of the States and the difficulties involved in working under arrangements such as have been outlined in the Bill with which we are dealing at the moment. [More…]
The Bill should be more concisely drawn in relation to the way in which it will operate in order to ensure that the Commission operates only within the Commonwealth’s constitutional powers. [More…]
The style of this Bill places some doubt in the minds of the State Government about its constitutionality. [More…]
That means that the constitutional limitations, the general juristic limitations, on our power to deal with racial discrimination in this country will be considered by that Committee in considering as a result of complaints whether we have complied with the terms of the Convention. [More…]
-Will the Minister representing the Attorney-General inform the Senate when we can expect an announcement of the appointment of the judicial committee to inquire into breach of constitutional qualifications by members of Parliament which the Senate more than 5 weeks ago resolved would be established? [More…]
-I bring up the report from the Joint Committee on the Northern Territory on Constitutional Development in the Northern Territory, together with the minutes of evidence. [More…]
Senator Missen, Senator Chaney, Senator Durack, Senator Everett, Senator Button and I gave lengthy consideration to the clauses of this Bill in the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
When the Bill was debated here I referred to the meetings of the Senate Standing Committee on Constitutional and Legal Affairs dealing with this Bill. [More…]
As one who is in favour of the Bill, 1 want to say that 1 am disturbed to know that our Constitutional and Legal Affairs Committee comprised of legal men mostly, I understand, should come to the chamber today and admit that this particularly important aspect was not noticed. [More…]
but those decisions, in my humble judgment, or rather- for it is in nearly all the instances only so- these expressions of opinion by the way, have signified not alone an encroachment upon and suppression of private right, but the gradual invasion and undermining of constitutional security. [More…]
To remit the maintenance of constitutional right to the region of judicial discretion is to shift the foundations of freedom from the rock to the sand. [More…]
In order to show that I am not referring to considerations of antiquity and to remind the Committee of what Lord Shaw said about judges certainly not being permitted to invade this constitutional right, I shall refer to what Lord Shaw said: He said: [More…]
Having regard to the high constitutional principles involved here, I submit that this Committee ought not to trespass again upon the constitutional right which is, as the House of Lords pertinently reminded us, the fundamental guarantee of freedom that judicial proceedings in some measure should be the subject of publicity. [More…]
I can say this to you, Mr Temporary Chairman, because you would know that I intend no offence at all: Unless you are to usurp my senatorial right of freedom to propose an amendment and to speak to it- I remind you that Lord Shaw said that the judges below had usurped an important constitutional right- you surely will not rule that an amendment which does not introduce a single word but seeks the omission of words that the House of Representatives has used in its amendment is not relevant. [More…]
I feel that to nominate the Director of the Australian Legal Aid Office is to give legislative endorsement to an administrative creation of dubious constitutional validity which has no accepted position in any legislation which has been brought before this Parliament. [More…]
Before I sit down I would also like to pay a tribute to the work of the Senate Standing Committee on Constitutional and Legal Affairs which, in its deliberations helped to make this a better Bill than it was when it was introduced into the Parliament. [More…]
I say to the Minister that the members of the Senate Standing Committee on Constitutional and Legal Affairs greatly appreciate the fine work which he did. [More…]
Although the disturbances that resulted in the shooting apparently were touched off by disagreement between rival nationalist groups, the illegal Smith regime by its intransigence and attitudes towards constitutional negotiations which should lead to majority rule must bear a primary responsibility for creating the situation underlying the tragedy. [More…]
Indeed, before the Joint Parliamentary Committee on Constitutional Review recommended this particular reform in 1958 and again in 1959- with only one member dissenting- there had been only 3 occasions on which an election had been held to elect members of one House only- those for the House of Representatives in 1929 and 1954 and that for the Senate in 1 953. [More…]
All I say is that on the occasion when the junta in Chile took over and at the occasion of the swearing-in ceremony of the new government, the military leaders pledged to return the country to constitutional rule as soon as circumstances permitted. [More…]
I believe that the ultimate return to constitutional rule will be delayed if clandestine, subversive movements are seeking to overthrow the existing government. [More…]
If the Government of President Allende backs military and guerrilla groups and arms them with a view to establishing the authority of a government which is acting unconstitutionally, there is bound to be a reaction. [More…]
What has been carefully overlooked, with the lawyer’s skill of Senator James McClelland, is that there is a constitutional provision- by word, by clause, by specification- in the Republic of Chile making the armed forces responsible for the preservation of the Chilean Constitution. [More…]
He claims to be a lawyer, but he did not understand even the constitutional provisions of that Republic. [More…]
I should like to remind honourable senators, if it is possible to get under the veneer of their sterile anti-communism, that the Socialist International is an organisation of social democratic parties whose objective is to bring about social change through constitutional means. [More…]
That does not mean, however, that we condone their seizure of power, nor does it mean that we will not be related to those elements that seek to have a constitutional rearrangement in Chile in order that that country can proceed along the path of emancipation for its people. [More…]
It is no accident that the Christian Democratic Party, which one could generally describe as being of a conservative nature, having its counterparts in the governments of Italy and many other parts of Europe, has now officially dissociated itself from the military junta and has called for the return of constitutional government in Chile. [More…]
As an example, I can mention Mrs Bachelet whose husband was a general in the Chilean air force, who was regarded in Chile as being a constitutionalist, and who pledged himself to constitutional change in that country. [More…]
He was in charge of food supplies and as a result of his adherence to the constitutional practices of the Chilean Government, led by the late President Allende, he was put in gaol and suffered violence, torture and subsequently death. [More…]
It is to the disadvantage of those of us who want to see social change brought about by constitutional means that people like Senator Greenwood try to suggest that the forces for social change by constitutional and democratic means are acting against the best interests of the people. [More…]
Is it wrong for the President who holds the political and constitutional power to have arms within the Presidential Palace when it was common knowledge within the country that there were members of the armed forces who were seeking to overthrow the constitutional government? [More…]
We had reached a position in England about a century ago when Maitland, the famous legal and constitutional historian, was able to write in 1888: [More…]
That constitutional right rests with the State governments, not with the Federal Government. [More…]
It is certainly outside the constitutional power of the Federal Government to take any action of that nature unless there was some agreed quota arrangement with the State concerned. [More…]
The Parliament has no constitutional responsibility for State courts and cannot, under the Constitution, intervene in the organisation of these courts. [More…]
That the time for presentation of the report of the Standing Committee on Constitutional and Legal Affairs on the clauses of the National Compensation Bill 1974 be extended until 2 1 July 1975. [More…]
It is likewise of the view that the advantages suggested by the Government for the Superior Court are far outweighed by other serious practical and constitutional problems. [More…]
The 2 systems would be explicable only by an expert in constitutional law. [More…]
The biggest single disadvantage of the proposed Superior Court is that constitutional questions of jurisdiction will necessarily loom large in the Court’s deliberations, resulting in considerable uncertainty and expense to litigants, unproductive use of the Court’s time, and consequent damage to the quality of justice. [More…]
Let us not get too carried away by the proposition put by such distinguished constitutional lawyers as Senator Sheil that this Bill is in some way a retrograde step. [More…]
That the Senate affirms the decision taken by resolution of the Senate on 31 May 1973 that the Australian Parliament join with the Parliaments of the States in the Constitutional Convention to be convened to review the Australian Constitution in September of that year, and at such subsequent times as the Convention from time to time determined, and agrees: [More…]
That the Senate affirms the decision taken by resolution of the Senate on 31 May 1973 that the Australian Parliament join with the Parliaments of the States in the Constitutional Convention to be convened to review the Australian Constitution in September of that year, and at such subsequent times as the Convention from time to time determined, and agrees: [More…]
On 1 August 1974 the House of Representatives affirmed the decision taken by that House on 31 May 1973 that the Australian Parliament join with the parliaments of the States in the Constitutional Convention that has been established to review the Australian Constitution. [More…]
Yesterday the Prime Minister (Mr Whitlam), together with the Attorney-General (Mr Enderby) and the Honourable Ian Sinclair, attended a meeting of the executive committee of the Australian Constitutional Convention that had been called to consider an agenda for the next full meeting of the Convention and to establish a date and place for the holding of that meeting. [More…]
This is to include a constitutional amendment for the interchange of powers between the Australian and State parliaments- a much needed constitutional amendment; consideration of the constitutional position of local government; several important references of power to the Australian Parliament, and a number of matters of importance to the Territories. [More…]
We must look at the whole history of this Constitutional Convention. [More…]
It is well known- nobody is under any illusion- that the Prime Minister would not care if the Constitutional Convention died and disappeared. [More…]
Then the Prime Minister would be able to say to the Premiers Conference next week: ‘I wanted to go to the Constitutional Convention but those old dinosaurs in the Senate who are supposed to represent the States prevented the national Parliament from being represented ‘. [More…]
After all, I thought this was supposed to be a parliamentary delegation to the Constitutional Convention. [More…]
Senator Withers is now looking to use brute force in this House to alter the position dramatically in his Party’s favour, in fact to double- to put up by 100 per cent- the representation of his Party from this Senate at the Constitutional Convention. [More…]
If Senator Withers’ view prevails there will be a significant independent and small party viewpoint which will be unrepresented at the Constitutional Convention. [More…]
So as far as the Federal Parliament is concerned the Constitutional Convention will be a big party machine deal. [More…]
I hope they have not made any changes in South Australia because my colleague and State leader, Mr Robin Millhouse, is recognised as a very keen and able constitutional student and lawyer who applies himself well to matters relating to the Federal Constitution. [More…]
Without in any way arguing this in a personal way, I think it is wrong for Senator Withers to try to use brute force to double his party’s involvement from the Senate at the Constitutional Convention and to exclude all federal non-major party representation at that Convention. [More…]
in replyThe proposition which is now before the Senate on behalf of the Government is simply to ensure that what can be fairly described as a new political party, namely, the Liberal Movement, should be represented at the Constitutional Convention. [More…]
It is suggested that the Prime Minister (Mr Whitlam) has not been greatly interested in the Constitutional Convention, but it is interesting to note that only this week he attended the meeting of the Executive Committee of that Convention which I think was held in Brisbane. [More…]
So it is quite clear that the exercise of powers under this Bill raises and will raise a vast number of very difficult questions not only of Australian constitutional law but also of international law. [More…]
The basic charge that we make against the Government is that it is the Prime Minister who has ignored constitutional requirements. [More…]
We are to some extent involved, as my colleague Senator Sir Magnus Cormack mentioned earlier, in a constitutional crisis. [More…]
Did Mr Justice Murphy, as Attorney-General, also promise at the Standing Committee’s meeting on 3 July 1 973 to let the States have an outline of the type and scope of the powers which he felt would be necessary to enable the Commonwealth to legislate in a competent manner removed from any constitutional doubt. [More…]
What I have just said reflects a time-honoured constitutional principle of the greatest importance. [More…]
The point of my mentioning this is but to indicate that I stand in a constitutional relationship to the Crown in which under the Constitution the Executive power of the Commonwealth alone is vested. [More…]
It is a well recognised constitutional principle that the deliberations of the Crown are secret. [More…]
As one of its Law Officers, I may not consistently with my constitutional duty intentionally act in opposition to its claim. [More…]
Naturally, 1 shall attend the Senate in answer to the summons issued by it as one of the constitutional organs of government. [More…]
We are engaged in an exercise of high constitutional import. [More…]
Against my own Party I voted for the production of Government files, which was the proper constitutional course. [More…]
It puts down quite properly in the constitutional, legal and parliamentary sense the way in which the Senate ought to operate. [More…]
Mr Byers; It is because the Crown has made the claim in constitutional terms. [More…]
Mr Byers; I should have thought that there were the most central principles of constitutional law involved. [More…]
It seems to me, as I think Senator Greenwood said earlier today, that this raises a central constitutional point, and the point is: May I in conscience answer a question which, in conscience, I believe I should not merely because one of the chambers of the legislature says that in its view the Crown ‘s claim to privilege is unfounded? [More…]
What I am endeavouring to do, to the best of my ability, is to act consistently with my constitutional duty to the Crown in not revealing its confidences whatever the result may be. [More…]
I think Senator Greenwood, if I may say so with respect, raised it quite clearly this morning when he said that this was a constitutional issue. [More…]
-Is not the ground which you disclosed to the President in your letter of 15 July based upon the ‘well recognised constitutional principle that the deliberations of the Crown are secret’? [More…]
As one of its Law Officers, I may not consistently with my constitutional duty intentionally act in opposition to its claim. [More…]
Mr Byers; Again with respect, I do not understand those as but specific examples of the central constitutional notion. [More…]
The central constitutional notion is the secrecy of the deliberations. [More…]
That is the central constitutional notion. [More…]
Just speaking intellectually, my approach is rather to ask: What is the central constitutional notion which finds specific illustrations in various circumstances? [More…]
I have thought that the central constitutional notion is the notion of secrecy. [More…]
On 2 occasions that voice from the past has spoken in vain- a voice of essential principle and genuine liberalism on these constitutional issues- both in 1974 and again in relation to the question now before the Senate. [More…]
Instead of that essential grandeur, that voice of true democratic liberalism and the view of a great constitutional lawyer, we get the sort of remarks which were made by Senator Greenwood in this chamber and on television about conspiracies, criminality and all the things of that kind which exist in the mind of that senator. [More…]
The desirability and feasibility of establishing a securities and exchange commission by the Commonwealth either alone or in co-operation with the States and the powers and functions necessary for such a commission to enable it to act speedily and efficiently against manipulation of prices, insider trading and such other improper or injurious practices as the Committee finds have occurred or may occur in relation to shares and other securities of public companies, and to recommend generally in regard to the foregoing such legislative and administrative measures by the Commonwealth as will, having regard to the constitutional division of legislative power in Australia, enable the utmost protection of members of the public and the national interest. [More…]
The Constitution itself provides by section 74 that no appeal shall be permitted to the Privy Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the constitutional powers of the Commonwealth and those of any State or States or as to the limits inter se of the constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by the Privy Council. [More…]
We are threatened with the possibility of what is called a constitutional crisis. [More…]
A constitutional crisis is when the Lords threaten the use of legal powers bestowed on them by the legislation which ultimately trimmed their wings. [More…]
I simply state facts and for particularity I refer to a lot of the evidence that was given publicly to the Senate Standing Committee on Constitutional and Legal Affairs in relation to the National Compensation Bill. [More…]
Those figures would be very much in line with the figures recently given publicly to the Senate Standing Committee on Constitutional and Legal Affairs to which I referred earlier. [More…]
That is rather an amusing side to a serious subject because the legal advice given to me is that for constitutional reasons the powers of the Tribunal in this respect are limited to companies and cannot be directed to individual people. [More…]
The Tribunal’s jurisdiction extends only to companies, for constitutional reasons, and its powers are limited to this type of business organisation. [More…]
Honourable senators will remember that when it was proposed to bring in an Australian law to cover drugs, under the constitutional power of the Australian Government in relation to international agreements, it was the States, including Queensland, which opposed the Australian Government having that power. [More…]
So there is no constitutional barrier, as we found with the Trade Practices Act, to the completely comprehensive application of the provisions of this Bill. [More…]
We got far more effective legislation because of the fact that the Family Law Bill was considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I can remember that early in its life this Government attempted to implement a prices and incomes policy and it sought additional constitutional powers. [More…]
Is there a proper constitutional base for this proposal. [More…]
In paragraph 9 I have asked quite seriously whether there is a proper constitutional base for this form of activity which, it is freely admitted, was engaged in by governments of our political persuasion as well as by this Government. [More…]
The report of the Senate Standing Committee on Constitutional and Legal Affairs established that the Bill was rotten to the core and basically was wrongly established. [More…]
First, it said that the whole question of command was in complete doubt, that there was a grave constitutional question involved, and that it needed to be clarified, perhaps even to the point of a referendum, before the question of command in Australia could be put beyond doubt. [More…]
Now, those who read this report, as no doubt Senator Poyser has, will know that it was concluded from the evidence that it is quite impossible in the present constitutional circumstances for the Governor-General to vest his authority in anyone else at all. [More…]
During the Constitutional Convention debates in Melbourne in 1 898 an amendment was proposed that command in chief should only be exercised on the advice of the Executive Council. [More…]
The Committee recommends that the Government establish an eminent group of people to study the complex legal and constitutional issues which are raised in the above paragraph. [More…]
The proposed new section 8 defines the present constitutional power of the Minister and provides that, as always has been the case, the authority exercised by the senior Service Chiefs will be subject to the directions of the Minister. [More…]
The commandinchief of the naval and military forces of the Commonwealth is, in accordance with constitutional usage, vested in the Governor-General as the Queen’s Representative. [More…]
This is one of the oldest and most honoured prerogatives of the Crown, but it is now exercised in a constitutional manner. [More…]
1 in the House of Representatives, it being the constitutional prerogative of that House to initiate appropriation Bills. [More…]
Is there a proper constitutional base for this proposal? [More…]
The basic constitutional requirement of Parliamentary authority for the expenditure of the moneys borrowed would be satisfied by clause 4 of the Bill. [More…]
As soon as I am in receipt of the name of this nominee,I shall advise you accordingly and, at the same time, the necessary constitutional procedures for the filling of this casual senate vacancy brought about by Dame Annabelle ‘s resignation will be set in train. [More…]
I think that resolution expressed a recognition of the constitutional position. [More…]
My remarks were not based upon the constitutional situation but upon information from Jewish sources about the relative degree of freedom from persecution afforded by the authorities in the three Baltic States in that period. [More…]
I think the third resolution, in 1970, was that questions relating to changes in the Papua New Guinea Act or changes in the constitutional structure of Papua New Guinea were for the members of the House of Assembly to determine. [More…]
I think the Leader of the Government should acknowledge this and should at least inform this Senate, which has constitutional responsibility in respect of the Consolidated Revenue Fund, what is involved in what appears now to be an open ended Bill. [More…]
They will arise inevitably because no country can develop without problems in such a short space of time from a comparatively primitive society in the parliamentary and constitutional sense. [More…]
There is no precedent that I can refer to for a situation such as this, and it is obvious that I could not give a decision on such an important constitutional matter. [More…]
Yet the Press of this country talks about whether the Senate has the constitutional power or authority to pass a Budget- poor little scribblers who take their information from yesterday’s newspaper. [More…]
If the Budget is not a proper occasion to get the Government to the country, for my part- the Senate having the inalienable constitutional authority and therefore the responsibility to reject every Bill that we think is contrary to proper responsibility- the Government should go to the country, and the sooner the better, not for us but for the relief of the people of Australia. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
I do not know that the Australian Government would have the constitutional power to exercise any control over such an activity except possibly through the Prices Justification Tribunal. [More…]
We also face the constitutional problem of whether the Commonwealth has the right to establish an inquiry into the behaviour of State police. [More…]
By his statement the Minister has signified that the Government recognises- I think this is very important- that the Cocos (Keeling) Islands are sovereign territories of the Australian people and are a sovereign part of the Australian mainland in exactly the same way, I suggest- whatever is the constitutional difference between Queensland and the Australian Government- as islands in the Torres Strait are an integral part of the Australian mainland. [More…]
He comes here laying down propositions on constitutional and parliamentary practice with the air, urgency and assertion that we should take notice. [More…]
What constitutional authority is there, other than yesterday’s newspapers or the newspapers that repeat themselves and grow within themselves, as does Senator Hall, on constitutional matters, for an idea that a parliament elected by the people is entitled to run its term? [More…]
I suppose that Senator Hall, if he were to remind himself calmly and simply that there has been constitutional practice in this country even within his memory and a little before his short experience beganbut no doubt he has had the opportunity to acquaint himself with it- would know that Prime Ministers have regarded themselves as entitled to advise the Crown to dissolve a parliament of which they may have a control by majority. [More…]
I was about to say when I was interrupted that apparently the new expert would give the right to a fragment of a party in the lower House, by withdrawing 4 or 5 votes to a junta or a party, to cross the benches today and to establish a new party and so constitutionally cause the Government to go to the people. [More…]
It has been suggested that a fragmentation of the government party in the lower House is constitutional justification for destroying a government but that this House is denied the right to reject any measure such as I have described. [More…]
He can take the challenge to go to the country and has been given the opportunity by the Senate to do so a dozen times by proper constitutional means. [More…]
He is never conscious of any fundamental constitutional knowledge. [More…]
I rise only because I am tired and impatient at the ignorance that is paraded uncontradicted too often that this House has not the constitutional authority to reject any Bill. [More…]
I am just testing the absolute flimsiness and putting into perspective the inalienable constitutional position of this chamber. [More…]
Much has been said concerning the constitutional position. [More…]
There has been some progress in recent weeks in regard to negotiations for a constitutional settlement in Southern Rhodesia. [More…]
The meeting between Mr Smith and members of the African National Council failed to reach agreement on the holding of further detailed constitutional negotiations in Salisbury. [More…]
Which, if any, of the participants at the Constitutional Convention in the 1890s were octogenarians? [More…]
In CANBERRA today, the Deputy Leader of the Opposition, Mr Lynch, charged the Prime Minister, Mr Whitlam, with trying to ‘create circumstances for constitutional anarchy’. [More…]
Of course, we all know who is creating circumstances for constitutional anarchy. [More…]
In my speech on that occasion I indicated that the Opposition would support the Bill as it was the constitutional right of any State to request the Federal Government to take over its railway system or any part thereof. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
The constitutional power of the [More…]
The Australian Government is keen to reach agreement with Papua New Guinea and has every expectation of progress towards the resolution of this issue as soon as the constitutional problems are overcome. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
In the light of the report of the Senate Standing Committee on Constitutional and Legal Affairs the Government is at present considering the re-introduction of a Bill to provide for a national no-fault compensation scheme. [More…]
The Government, during the past several weeks, as a matter of electoral panic has mounted a campaign in which it has attempted to deride and criticise the Opposition for not staying within what the Government is pleased to call the constitutional conventions and practices. [More…]
Those professors talk about constitutional practice and constitutional convention. [More…]
If it wants to stay totally with the law it cannot attempt to criticise the Senate for exercising its undoubted legal and constitutional right to force an election for the other place. [More…]
As one reads the constitutional debates of the 1890s, section 57 was inserted for quite a simple reason. [More…]
But what a government did not do was just insist upon its legalistic constitutional rights and build up a storehouse. [More…]
But there is no law compelling the Government to do such a thing, and the Government is quite within its legal rights and its constitutional rights not to proceed under the Electoral Act and resubmit the matters to the Electoral [More…]
I think it would do no harm at this stage to indicate that one of the very first questions which was raised by Senator Cotton was: ‘Is there a proper constitutional base for this proposal? [More…]
The basic constitutional requirement of Parliamentary authority for the expenditure of the moneys borrowed would be satisfied by clause 4 of the Bill. [More…]
Certainly, the matters to which Mr Hamer and the Leader of the National Country Party in Victoria have referred are matters which are the subject of the Woodhouse-Meares report, they were dealt with by the National Compensation Bill which is still on the notice paper in the Senate and was considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Earlier, when the United States of America was involved in ethnic problems with the vast waves of migrants entering the United States of America, it made it quite clear that when a migrant came to the United States of America, applied for citizenship and was granted that citizenship by swearing to uphold the Constitution of the United States of America, he had fulfilled the constitutional requirements of the United States of America to become an American citizen. [More…]
I recall that many years ago- in 1922, as a matter of fact- 2 justices of the High Court, Chief Justice Knox and Mr Justice Starke, sat to determine the constitutionality issue in the actual case in which they had previously appeared as counsel. [More…]
In the famous constitutional case of Marbury v. Madison, Chief Justice Marshall presided over the United States Supreme Court and ruled on the validity of events in which he had participated as Secretary of State [More…]
It is absurd to suggest that Justice Murphy should not rule on whether, apart from the method of its passing, the Act was constitutional. [More…]
In that respect, the case was no different from the one concerning the constitutionality of any one of the hundreds of Acts which were passed during the period of each of the former advisers to the government who now sit on the High Court. [More…]
Secondly, it ought to be recalled, in the light of what he said, that Mr Justice Murphy had declined to sit upon the first constitutional case which the High Court heard after his appointment. [More…]
It is usual for the Bench on hearing a constitutional case to be composed of all Justices available to participate in the decision. [More…]
That initial attitude which was expressed by Mr Justice Murphy was not carried through to subsequent cases of constitutional import on which he has sat, one alone of which has so far reached the point of judgment. [More…]
The Minister’s reference to Sir Adrian Knox and Mr Justice Starke I think completely misrepresents the actual statement which those judges made in which they explained why, having regard to a provision that there should be at least 3 justices concurring in any constitutional case, they had to sit. [More…]
But during its discussion before the Full Court, some questions affecting the constitutional powers of the Commonwealth arose, and it was doubtful if a decision of the case could be arrived at unless those questions were determined. [More…]
provide: ‘A Full Court consisting of less than all the Justices shall not give a decision on a question affecting the constitutional powers of the Commonwealth, unless at least three Justices concur in the decision’. [More…]
-The significant aspect of that passage is that the 2 judges involved did not consider that to participate in a debate on the constitutional aspect of the matter was in any way in breach of their duty. [More…]
-But they adjudicated on the constitutional aspects, which is exactly what Mr Justice Murphy has been doing in this case, and I think that the tortuous casuistic attempts which Senator Greenwood has made to justify his original totally unjustified slur of Mr Justice Murphy simply will not hold water. [More…]
But it is a constitutional body that is not beholden to either the Commonwealth Government or the State Government and is therefore the only body in the Constitution of an executive nature that has a power to override divisions between a State and the Commonwealth. [More…]
It was part of a continuing campaign being conducted by the Opposition and master-minded by the present Leader of the Opposition to scratch around with their fingernails in an attempt to find what he calls reprehensible circumstances’ to justify rejecting the Appropriation Bills and plunging this country into a constitutional crisis. [More…]
But I dare say that neither the facts, the rules of arithmetic, nor the parliamentary conventions which have governed Australia or which have regulated the political system in Australia for the last 70 years will deter the Opposition from circulating untrue statements, from attempting to establish what they call the reprehensible grounds which they are searching desperately to find to plunge this country into a constitutional crisis. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
-As the honourable senator will know the Prices Justification Tribunal, for constitutional reasons, is empowered to inquire into and report upon prices that are charged only by foreign trading or financial corporations that are incorporated under a State or Territory law. [More…]
Has the Minister seen a copy of the letter which Sir Robert Menzies sent to Sir Philip Game in 1 932 commenting on the circumstances in which the late Mr Lang was dismissed from office and giving Sir Robert’s opinion on certain constitutional matters which are again being aired today. [More…]
What is the substance of the letter and does it illuminate current constitutional issues? [More…]
Following the dismissal of Mr Lang in 1932, various interested parties including constitutional lawyers wrote letters to Sir Philip Game. [More…]
Briefly, the newspaper demand that you should dismiss a Premier on the ground that there was some reason for believing that he no longer enjoyed the confidence of the electors always seemed to me to be based upon an absolute misconception of the constitutional position of a modern Governor. [More…]
The constitutional authority of a Premier rests almost entirely upon his success at a general election, and upon his continued authority in the popularly elected House, and not upon irresponsible speculations as to whether he would have lost his majority if the Constitution had provided for annual and not triennial elections. [More…]
Australia today faces a constitutional crisis. [More…]
Those on the other side of the chamber who say ‘hear, hear’ show to the Australian people the horrible alternative that faces them in the event of the Opposition bringing about the constitutional crisis which it is seeking to bring about in this country. [More…]
The Government was willing to distort the constitutional processes in order to obtain money by getting an oral opinion from the then Attorney-General at an Executive Council meeting at which I believe neither the Governor-General nor the Vice-President of the Executive Council were present. [More…]
How could any Opposition, having undergone the traumatic experience of seeing the constitutional processes distorted for one reason or another, approach the problem of the defence Loan Bill? [More…]
We are merely adopting the constitutional method of giving the people a choice. [More…]
Mr Whitlam made clear his understanding of the constitutional situation at that time. [More…]
There is no tradition, as has been suggested, that the Senate will not use its constitutional powers whenever it considers it necessary or desirable to do so in the public interest. [More…]
There are no limitations on the Senate in the use of its constitutional powers except the limits self-imposed by discretion and reason. [More…]
Mr Malcolm Fraser, the Leader of the Opposition, in explaining his accusation against Mr Whitlam, said that the matter was an illegal conspiracy, and he produced the professional opinion of Mr William Deane, Q.C., a leading constitutional lawyer of the Sydney Bar, which said: [More…]
This gentleman, who will try to cling to office despite the constitutional challenge that the Senate makes to him to go to the people, came to light this morning and equipped himself with the letter of Mr R. G. Menzies written 40 years ago. [More…]
Not only has a constitutional crisis arisen, but the decision plays into the hands of subversive elements. [More…]
Secondly, it would be a serious departure from established constitutional practice if we refuse Supply. [More…]
There are no limitations on the Senate in the use of its constitutional powers . [More…]
Thirdly, is this yet another example of constitutional practice being flouted in the interests of the political advantage of one political Party which has twice been rejected by the electors of Australia within less than 3 years? [More…]
A Government which can send a pathetic puppet like Senator Field to Canberra in defiance of constitutional practice and tradition could be expected to have a Governor with no regard for constitutional propriety. [More…]
In the Bill, these terms are given the same meaning as in the Seas and Submerged Lands Act, and the provisions of the Bill relating to the off-shore industry are therefore placed on the same constitutional basis as the Seas and Submerged Lands Act. [More…]
deplore in the strongest terms the intended action of the Senate to reject or delay Supply stop We believe Constitution empowers the House of Representatives and only the House of Representatives the right to make or bring down governments stop We urge you not to be a party to any action that would precipitate constitutional chaos and prejudice future constitutional government in Australia stop [More…]
No government can continue under our constitutional system without Supply. [More…]
The Library gave me Howard’s Australian Federal Constitutional Law. [More…]
On page 6 of that volume we find reference to the difference between the interpretation of common law and constitutional interpretation. [More…]
On common law and constitutional interpretation he states: [More…]
The most interesting and important characteristic of Australian constitutional law is the continuing tension it displays between common law and federal attitudes. [More…]
Nevertheless, as applied to constitutional questions the theory of impartial legalism can be argued to nave the serious defect of being an abdication rather than an assumption of responsibility. [More…]
It is said that we are in a constitutional crisis. [More…]
If there is a constitutional crisis, it is one which the Prime Minister is making. [More…]
There is a constitutional, legitimate course open for this Government. [More…]
If it chooses, although senators will not take their seats in the Senate until next July, it is constitutionally empowered to have an election for half the Senate at the same time. [More…]
That was what Mr Fraser has always said and those who know him know that it is a view which he holds fervently as a sound and important principle of our constitutional practice, a principle which he declared as one on which he places very great weight. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
Until a constitutional amendment like the Parliament Act is enacted in some form in Australia the English analogy just is not applicable. [More…]
For example, it has happened in Chile which, despite some of the humorous remarks that have been made about that country by people sitting opposite, is not a banana republic but a country with a long constitutional democratic history. [More…]
Minister (Mr Whitlam) to take constitutional means to avoid the breakdown in government which may happen if he finds himself still in office at the end of November without Supply. [More…]
I wonder how constitutional it is that these 3 bureaucrats should have the power to fix prices when government price fixing is not included in the Constitution and was rejected at the last referendum. [More…]
The House of Representatives claims that what the Senate did is not contemplated within the terms of the Constitution and was contrary to established constitutional convention. [More…]
I do not look at any one person in particular, because I believe that there are persons on Bills- I Opposition benches who are capable of acquiring principles for the purpose of assisting the nation to be extricated from this constitutional crisis into which it has been plunged by the blatant and premature grab for power by power-hungry members of the National Country Party- I put them first, Senator Webster- and the Liberals in the Senate. [More…]
It is therefore difficult to predict with certainty which payments could be delayed and those that could cease almost immediately because of the Constitutional crisis and political impasse. [More…]
In conclusion, I can only say I hope that the Constitutional crisis in Canberra will not be allowed to become the threat it could pose to the stability of State government. [More…]
It is that the Premier of Tasmania completely misunderstands the constitutional processes of this Government. [More…]
In response to that which has been advanced by Senator Everett through the document that we gave him leave to incorporate in Hansard, it betrays on the part of the Premier of Tasmania a complete misunderstanding of the constitutional processes that should govern the methods and procedures of this Government. [More…]
There would be those on the other side- the Cavanaghs- who would prevent my delivering the response here now because of this pusillanimous, contemptible channelling by Senator Everett into the records of this chamber to cow the senators of Tasmania to a complete acceptance of the unconstitutional arrogance - [More…]
He is just pointing out what it means for Tasmania if we cannot resolve this constitutional crisis in Canberra. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
I have not seen the report in the Australian Financial Review, but since the Senate Select Committee on Constitutional and Legal Affairs brought down its report on the previous National Compensation Bill discussions have been going on constantly within the Cabinet and within the Parliamentary Labor Party on the Bill. [More…]
2) 1975-76 for the reasons given in the Senate resolution is not contemplated within the terms of the Constitution and is contrary to established constitutional convention, and therefore requests the Senate to re-consider and pass the Bills without delay. [More…]
That there is no convention and never has been any convention that the Senate shall not exercise its constitutional powers. [More…]
That the Senate affirms that it has the constitutional right to act as it did and now that there is a disagreement between the Houses of the Parliament and a position may arise where the normal operations of Government cannot continue, a remedy is presently available to the Government under section 57 of the Constitution to resolve the deadlock. [More…]
The Prime Minister is currently trying to establish an atmosphere of great constitutional crisis because of the deadlock between the 2 Houses. [More…]
It has adopted the proper democratic constitutional form which will allow this to be achieved. [More…]
When previous governments were deadlocked the situation was resolved properly and constitutionally by a double dissolution. [More…]
Despite all Mr Whitlam ‘s bluff and humbug, the plain constitutional fact is that the Prime Minister no longer controls the Parliament. [More…]
We believe that the proper constitutional machinery- a double dissolution- is the only way of resolving the deadlock. [More…]
We believe that this deadlock must be resolved in the proper legal constitutional manner- the holding of a general election. [More…]
They were not decent examinations of the political, economic or constitutional issues- at least they have not been up to now. [More…]
I want to raise some 5 claims that are being peddled around the community and being misunderstood by the community I want to examine those claims, because we recognise that this is a great constitutional issue and the people of Australia deserve a full understanding of those 5 points. [More…]
The first assertion- it is a wrong one, because each of the 5 claims is wrong- is that a government elected to office constitutionally should be permitted to remain in office for the whole of its term. [More…]
Those who as lawyers look to constitutional matters should go back to the Constitutional debates and they will understand that the constitutional fathers deliberately pondered upon upper houses overseas and their limited powers and constructed an upper House here with powers specifically given to it, including this power which is now being used. [More…]
It has been referred to as a constitutional crisis. [More…]
It is a situation which, in constitutional terms, has already been foreseen. [More…]
There is a clear duty on the Prime Minister not to create a crisis but to use the constitutional process and to advise the Governor-General that the Prime Minister no longer can govern this country and that he must take his Government to the people for their verdict. [More…]
It is for all these reasons that having had many messages from people whom I respect and who are concerned at this time- and I have had many more messages from people who are obviously supporters of the Government in relation to dealing with this situation- I insist, as an elected senator for Australia, that the constitutional provisions to deal with the deadlock between the 2 Houses of Parliament should immediately be put into operation by the Prime Minister. [More…]
It is not about political convention or constitutional democracy. [More…]
We have heard the phrase used many times that this democratic constitutional activity that we are involved in at the moment is a political innovation. [More…]
We heard the comments of members of the Opposition about constitutional convention at the time of Premier Lewis’s actions in New South Wales on the appointment of Senator Bunton. [More…]
Over the last few weeks there have been some views- I must admit that these views are still relatively few- emanating mainly from academic cocoons and other ivory towers to the effect that the Senate Opposition in the Parliament of this country is acting in a manner which is anti-constitutional and which is not related to the conventions under which we operate. [More…]
There is no tradition, as has been suggested, that the Senate will not use its constitutional powers, whenever it considers it necessary or desirable to do so, in the public interest. [More…]
There are no limitations on the Senate in the use of its constitutional powers except the limits selfimposed by discretion and reason. [More…]
It is the performance of the Government that is causing instability in this country and it is the performance of the Government of which the Senate Opposition must take heed today and on which it must act in a responsible manner within the constitutional powers of review that so rightly and properly rest with it. [More…]
The Committee called on Opposition senators to cease obstruction and to exercise their constitutional responsibility to pass the Budget. [More…]
If honourable senators on the other side of the chamber are serious in not wishing to see fear and confusion reign supreme in this country they will do that which is honourable and that which is required according to constitutional practice. [More…]
The real constitutional crisis arises from the Prime Minister’s determination to follow the lead of Mrs Ghandi in India- a country which had a Constitution to protect it from absolute power. [More…]
Sir Robert Menzies is well known as a leading constitutional lawyer in Australia. [More…]
For, quite simply, I think more nonsense is being talked about the constitutional position of the Senate than I can comfortably listen to, or read. [More…]
It was designed to evade the constitutional obligations of the Commonwealth. [More…]
The constitutional authority of a Premier rests almost entirely upon his success at a general election, and upon his continued authority in the popularly elected House, and not upon irresponsible speculations as to whether he would have lost his majority if the Constitution had provided for annual and not triennial elections. [More…]
Opposition senators, particularly elderly Opposition senators who have some sense of history, do not want it to be indelibly recorded in Hansard that they personally voted to reject Appropriation Bills for the first time in 75 years of Federation, thereby jeopardising or endangering the survival of constitutional government. [More…]
Since Senator Rae or someone else has mentioned the constitutional conventions I suggest that he look at the record of the constitutional conventions of the 1890s and see where Deakin realised right from the beginning- in fact from before the beginning- that the Senate would operate as a party House and not as a States House. [More…]
The motion that was moved and passed in the House of Representatives yesterday expressed the sentiment that the reasons given in the Senate resolution- that was our resolution of last week- first, were not contemplated within the terms of the Constitution and, second, were contrary to established constitutional convention. [More…]
We have also had quite a bit of comment about constitutional conventions. [More…]
He rejected the idea that it was any sort of constitutional affront. [More…]
He, the Labor Party Leader in the Senate, rejected the argument that the Senate did not have the constitutional power and said quite clearly that it is a matter ‘of political judgment at the time that the decision is taken’. [More…]
For, quite simply, I think more nonsense is being talked about the constitutional position ofthe Senate than I can comfortably listen to, or read. [More…]
It was designed to evade the constitutional obligations of the Commonwealth. [More…]
In fact, of course, this great debate is really not a constitutional one because it was conceded long ago, and it was conceded specifically today in the Senate by the Leader of the Government in the Senate that the real debate is on a political situation. [More…]
That there is no convention and never has been any convention that the Senate shall not exercise its constitutional powers. [More…]
That the Senate affirms that it has the constitutional right to act as it did and now that there is a disagreement between the Houses of the Parliament and a position may arise where the normal operations of Government cannot continue, a remedy is presently available to the Government under section 57 of the Constitution to resolve the deadlock. [More…]
In the moment of silence which we sometimes get from Senator McLaren- it does not happen often- I say that I do not think we ought to regard Senator McLaren, the poultry farmer from South Australia, as a constitutional expert alongside Sir Robert Menzies. [More…]
It was designed to evade the constitutional obligations of the Commonwealth. [More…]
The constitutional authority of a Premier rests almost entirely upon his success at a general election, and upon his continued authority in the popularly elected House, and not upon irresponsible speculations as to whether he would have lost his majority if the Constitution had provided for annual and not triennial elections. [More…]
the problem of preventing the Senate from inhibiting and frustrating government can be solved (by Constitutional amendment) . [More…]
I want to quote now from a statement by the Right Honourable Sir Robert Menzies, who is a man for whom I have the greatest admiration, who is one of the greatest statesmen we have ever known in Australia and who is today one of the most competent gentlemen in the field of constitutional matters in Australia. [More…]
It was designed to evade the constitutional obligations of the Commonwealth. [More…]
For instance, it has been suggested on the one hand that the Governor-General may be the centre of a constitutional storm involving an Appropriation Bill which could be presented to him without passage through the Senate. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Will the Minister assure the Senate that in the event of a continuing constitutional and financial crisis, caused by the Senate refusing supply, action will be taken to reduce excesses of” this” nature by the Leader of the Opposition who is known to be financially well endowed? [More…]
Why did the Prime Minister in 1974, at just a threat from the Senate to stop supply, rush to a double dissolution election, yet under almost identical circumstances this time, with the actual delaying of Supply, the Prime Minister finds the excuse of a very great constitutional question to prevent his going to an election on this occasion? [More…]
They include constitutional issues such as the way the country should be governed, by what sort of people, their morality, their capacity and their principles. [More…]
There is a great deal of apprehension throughout the land at the continued attitude of the Opposition parties, attitudes which indicate clearly that they are endeavouring to create not only a constitutional crisis, a political crisis, but also a financial crisis from which the Australian community may well suffer considerably more damage than from the indecision that has characterised the attitude of the Opposition since the Labor Government came into power in 1972. [More…]
There are those who work endlessly to break down the constitutional mechanism of change by bypassing it, by advocating courses without the law. [More…]
It is very interesting to note that at this very moment in England the Conservatives, or the peers as they are called, in the British House of Lords are considering whether to force a constitutional crisis in respect of government legislation- not Supply Bills, because the House of Lords has surrendered that right. [More…]
The House of Lords has taken the view that it should not have the right to throw out of office a constitutionally elected government. [More…]
The problem of preventing the Senate from inhibiting and frustrating government can be solved by constitutional amendment, firstly, to deprive the Senate of the power to reject Supply for if it is to defeat a government it should do so on specific measures, not on general grounds of dislike. [More…]
It is denying a right of government which has been written about by all of the legal and constitutional writers and all of the defenders of democracy. [More…]
Sir Isaac Isaacs and other eminent constitutional lawyers have constantly placed before the Australian people the need to see the Senate as a House of review and not as a House bent to bring down the elected government. [More…]
There are some observers (including some Senators) who tend to exaggerate the constitutional authority of the Australian Senate. [More…]
This is the complete opposite of our Constitutional provision, which- in section 64- lays it down that ‘ no minister of state shall hold office for a longer period than three months unless he is or becomes a senator or a member of the House of Representatives ‘. [More…]
The strict Australian Constitutional position is that, except as to ‘money Bills,’ that is those which impose or reduce taxes or appropriate moneys, the Senate has equal power with that of the House of Representatives, in respect of all proposed laws. [More…]
There are clear Constitutional provisions about money Bills. [More…]
What seemed to be regarded by most people at the time as a fairly normal matter may turn out to be a quite remarkable and crucial event in our constitutional history. [More…]
again asserts that the action of the Senate in delaying the passage of the two Appropriation Bills is contrary to established constitutional convention; [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That we arc fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
I refer to a letter which was recently published in the newspapers and signed by 4 law professors who claimed that for the Senate to reject an Appropriation Bill would be a constitutional impropriety. [More…]
It makes the assertion that the delaying of the passage of these Bills, of itself, is contrary to the established constitutional convention. [More…]
the legal power of the Senate to refuse Supply, and the absence of any convention that it shall not do so, are quite clear from the debates of the constitutional conventions . [More…]
Constitutional convention requires the Prime Minister in these circumstances, to resign and face the electors. [More…]
The Prime Minister and his party and trade union followers have decided however to defy convention and to tough it out’ (as they put it) with the avowed intention of smashing the power of the Senate forever, thus destroying the Federal compact, centralising all power in Canberra and effectively robbing us of one of the chiefest safeguards of our constitutional system. [More…]
-Senator Mulvihill is another constitutional lawyer. [More…]
That seems to be a better constitutional position than that which has been given to us by the Government. [More…]
The longer that this constitutional crisis persists the deeper and more permanent will be the wounds that it inflicts on the fragile system of parliamentary democracy. [More…]
As any lawyer will tell the honourable senator, Mr Gruzman is noted more as counsel for the financial desperado Alexander Barton than for any performance in the field of constitutional law. [More…]
He took it upon himself to issue gratuitous advice to the Governor-General which was out of tune with anything I have read from any constitutional lawyer and which does not stand up to examination in the light of the sections of the Constitution which he was attempting to construe. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
That is not a constitutional crisis; it is a political crisis. [More…]
In this matter I have considered the writing of Sir Richard Eggleston, whom I regard as something of an authority in certain areas of law, although certainly not on constitutional matters. [More…]
We say to the people that our action has been constitutional. [More…]
That there is no convention and never has been any convention that the Senate shall not exercise its constitutional powers. [More…]
That the Senate affirms that it has the constitutional right to act as it did and now that there is a disagreement between the Houses of the Parliament and a position may arise where the normal operations of government cannot continue, a remedy is presently available to the Government under section 57 of the Constitution to resolve the deadlock. [More…]
Reliance on the constitutional power to reject Supply misses the point. [More…]
The continuation of democracy requires political parties to do more than exact their constitutional pound of flesh. [More…]
It is well to remember that most of what was done by Hitler was done within constitutional power. [More…]
There is, and has been, much said and much written concerning a constitutional crisis. [More…]
Allow me to raise my voice alongside that of my Leader, Malcolm Fraser, when I state categorically that there is no constitutional crisis. [More…]
So let us have done with that humbug and hypocrisy that we are having a constitutional crisis at the moment; we are not. [More…]
So let us have no more of this humbug and mischief that is going on at the moment about a constitutional crisis. [More…]
There is no constitutional crisis. [More…]
All I say in conclusion is that there is no constitutional crisis. [More…]
I cannot stress that enough, and I want the people of Australia to know that we are not facing a constitutional crisis. [More…]
Whether it be a constitutional crisis or a political crisis is little to the point. [More…]
It is not a constitutional crisis; it is a crisis that has been brought about because this Government will not face up to its responsibilities. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
When the Prime Minister was challenged in the House of Representatives on the attitude he would take towards the Senate in the context of the Appropriation Bills, he put down that tremendous constitutional and legal advice that it was the duty of the Government to resign, but when questioned again on the same matter the other week in the other place it was found that he had changed his mind. [More…]
Eventually that culminated in an attempt by the Senate to bring before the Bar of the Senate some public servants in order to throw some light, through them, upon this murky constitutional process that had taken place. [More…]
We are not in a great constitutional crisis in the sense that has been advocated and argued by Government senators or by Government supporters in another place, but we are in a crisis where the authority of the Parliament is being directly challenged by the Prime Minister who refuses to disclose to the Australian people the elements of corruption which involve him or some of his Ministers, whom he has acknowledged were involved in it in the last 12 months- since December 1973. [More…]
What has been activated and motivated at the present time is the Senate which, for the first time in 75 years, has had to reach for the constitutional power that is given to it to deal with matters of the high and scandalous nature with which we are involved. [More…]
Jealous guardianship of unwritten constitutional conventions, based on precedent, is the firmest guarantee of liberty and order in any country. [More…]
That condition came about on 2 December 1 972 when the new criterion of reprehensible circumstances had not been invented in Australian constitutional law. [More…]
The real task is to persuade the Australian people of that as a political exercise, quite apart from the constitutional problems which you have, quite apart from questions of political morality and quite apart from departure from the fine sounding statements which their new Leader of principle has espoused over the last few months and from which he has so consistently departed in practice. [More…]
It seems certain that future constitutional arrangements will be discussed also. [More…]
The Minister is firmly of the view that this very necessary need can only be achieved effectively if all its aspects are brought together under one authority which has the constitutional power to set and enforce these standards. [More…]
It may have been able to obviate the money problems that it has at the moment or the one that it will have from 30 November until next April and so obviate the constitutional situation and stay in government at all costs. [More…]
The Opposition has established quite clearly that there is no constitutional argument at all about this. [More…]
If there has been one surprise in this whole affair it has been that ordinary people have understood this constitutional crisis- no matter how much the Opposition tells us it is not a constitutional crisis, it is- and have taken the matter to heart. [More…]
Leading constitutional lawyers in Australia have come out and said that the conventions that go with the Constitution should be observed. [More…]
This is the traditional constitutional practice in order to bring about an election. [More…]
If the Government believes, as the honourable senator has said, that nobody is against the Whitlam Government- she went on and on about this - let the Government take its courage in its hands, as is the constitutional practice, and go to the people. [More…]
It is trying now in the present constitutional confrontation to put itself above the law. [More…]
The only people who are breaking the Constitution at this moment are those who are breaking the clear constitutional practice that when Supply cannot be established a government resigns. [More…]
I ask through you, Mr Deputy President: Is that the constitutional practice? [More…]
I call as witness the Prime Minister of Australia and the documents relating to the double dissolution which were tabled in the Senate yesterday Honourable senators will find by persuasive reading that it is said repeatedly that because the Senate has declined to grant Supply the constitutional practice is that the Prime Minister must go to the Governor-General and seek a double dissolution. [More…]
The Prime Minister is on written record, by letters to the GovernorGeneral, saying that it is the constitutional duty of a government denied Supply to go to the Governor-General and get an election. [More…]
Let me move on to the constitutional question. [More…]
A number of lawyers, academics and ordinary members of the public have expressed their views on the constitutional legality and/or propriety of what the Opposition is doing. [More…]
The view that I want to put to the Senate- it is a view that I expressed publicly in Queensland recently- is that the constitutional fabric which clothes Australian society does not consist solely of the written Constitution. [More…]
It consists also of the body of rules, precedents and practices which have been built up over a period of three-quarters of a century and which, in line with the development of the constitutions of other countries where those constitutions are not written, comprise just as important a part of our constitutional fabric as does the written Constitution. [More…]
That is only half of the constitutional position that has to be met by an Opposition which will be judged in history as to whether it is acting with constitutional propriety. [More…]
If that view is correct, then there can be no doubt whatsoever that the Opposition is behaving unconstitutionally in this situation. [More…]
I do not say ‘illegally’ in the sense that court action could be taken against the Opposition or that in some way a judgment of a court could be obtained to the effect that what it is doing is constitutionally illegal. [More…]
But if 50 per cent of our constitutional fabric is the written Constitution and the other 50 per cent is that body of rules, practice and conventions that I assert it is, then the Opposition, on its own stance, stands convicted of having acted unconstitutionally in this matter and of persisting in acting unconstitutionally in this matter. [More…]
The second constitutional matter to which I wish to refer is the assertion that was made by Senator Rae last week and repeated, although without detailed argument, by Senator Carrick this afternoon. [More…]
In fact, when one looks at the message which was sent to the House of Representatives by the Senate and which is referred to in the amendment moved by the Opposition yesterday, one finds that the whole area of the powers of the Senate, the constitutional issue and so on are canvassed. [More…]
It is all very well for words of abuse to be hurled at Opposition senators who are carrying out their constitutional responsibility in this place. [More…]
We have sat in the middle of what has been described as a constitutional crisis. [More…]
I reject the concept of a constitutional crisis. [More…]
I believe we are simply acting out the proper constitutional processes under our Constitution. [More…]
But that crisis is not constitutional. [More…]
They say that this is an undemocratic House which is not properly representative and it ought, therefore, to be frightened of carrying out the constitutional responsibilities vested in it. [More…]
The United States Senate has great constitutional powers, as does this Senate. [More…]
The specific constitutional provision in Australia is that we have 2 chambers. [More…]
It is true that there are differences of opinions among quite senior and distinguished lawyers as to the precise constitutional position. [More…]
I quote from what Sir Norman Cowper said in the Sydney Morning Herald yesterday because I think it represents the most dispassionate assessment of the so-called constitutional crisis I have seen over the past fortnight. [More…]
His judgment is slightly different from mine but as an analysis of the constitutional position I think it is the clearest and least argumentative that I have seen. [More…]
I know that this has been said before but is it not the final proof that this argument is about politics, and to dress it up in whole lot of constitutional finery is simply a clever and so far fairly successful attempt to divert attention from the real political arguments on to a specious constitutional issue? [More…]
The other Committee that received the lash of the Prime Minister’s tongue was the Senate Standing Committee on Constitutional and Legal Affairs on which I served under 2 consecutive Labor Chairmen- Senator James McClelland and subsequently Senator Everett. [More…]
J hope that Government senators will not join in the witch hunt against the Senate that has been indulged in by the Prime Minister and that they will not try to use the exercising of the constitutional powers of this chamber as a smokescreen to divert the debate from the real questions of politics that are affecting Australia. [More…]
I believe that we are doing no more than our constitutional duty as senators. [More…]
He has denied that a constitutional crisis exists, and he has endeavoured to draw upon the experiences of previous Oppositions and governments in the post-war years. [More…]
I think he must accept that there is a constitutional crisis with us; there is a polarisation between the 2 Houses of Parliament. [More…]
So we are arguing that the Senate does not have the traditional or constitutional right to take the course of action which it has taken on this occasion. [More…]
We will win the minds and the support of the Australian people in this constitutional-cum-political crisis which has been engineered by the Opposition. [More…]
The Prime Minister, with a constitutional understanding, realised that the parliamentary system has to work and, as it was impossible for the Leader of the Opposition in the Senate to work with the then Leader of the Government in the Senate, introduced a new intermediary into the procedures of the Senate, namely the Manager of Government Business in the Senate. [More…]
Without provision for executive authority this was a very limited constitutional advance. [More…]
The major parties in government and opposition have espoused the cause of constitutional development for the Northern Territory in recent years. [More…]
As the honourable senator knows, the Government is now in the process of preparing a new National Rehabilitation and Compensation Bill to deal with the proposals for a national compensation scheme which will take into account most if not all of the recommendations which were made by the Senate Standing Committee on Legal and Constitutional Affairs. [More…]
If the Government can govern without the Budget being passed by the Parliament, what is the constitutional crisis about which the Prime Minister keeps talking? [More…]
The constitutional crisis is quite obvious. [More…]
How can the Minister say, as he did in answer to a question asked by Senator Chaney this morning, that the Opposition’s action in this chamber, in relation to the current appropriation Bills, is unprecendented and constitutes a constitutional crisis? [More…]
I know that the matter of the powers of the Senate to reject money Bills and the constitutional propriety of the Senate’s present action has been dealt with ad nauseam. [More…]
When a government, as in this case, exceeds its powers and its authority then these powers of the Senate are and were meant by the constitutional fathers to be a safeguard. [More…]
If one reads the reports of the constitutional convention one sees that 20 per cent or so of the time of the proceedings of the convention was taken up with a discussion of the powers of the Senate. [More…]
The Senate is exercising its powers properly and constitutionally. [More…]
When the Prime Minister and Senator Gietzelt talk of constitutional powers and of tradition, it is important to remember that the Prime Minister is recorded as having said: [More…]
Senator James McClelland, in his attitude of righteous indignation the other day, quoted some constitutional authorities. [More…]
But the views of the former Senator Murphy, whose standards of constitutional law are so high that the Prime Minister saw fit to elevate him to the High Court, were made quite clear. [More…]
What utter nonsense it is for the Government and Senator Gietzelt to talk about breaking the Constitution when the High Court- the highest constitutional authority in the land- has upheld the Senate’s powers. [More…]
I do not need to refer to other constitutional authorities such as Professor Lane and others who have upheld the powers of the Senate. [More…]
I have listened to a variety of constitutional lawyers and politicians on this matter. [More…]
I am not quite certain whether there is the constitutional power for the Senate to reject a money Bill. [More…]
Opposition senators that there is such constitutional power; that there is no constitutional crisis as such, that it is a political crisis. [More…]
I wonder whether constitutional lawyers and some of our constitutional experts opposite could put their minds to this proposition: If it is not possible for the Senate to amend money Bills, if it is not possible for the Senate to amend 99 per cent of a money Bill and to leave one per cent unamended- I take it that that is not possiblethen surely it must be accepted that it is not possible to reject the Bill in toto. [More…]
Parliament should be able to ask whether a matter is constitutional before the legislation is passed. [More…]
As to the constitutional power to deny Supply, as I said before, having listened to all the constitutional lawyers and having become aware of their divisions and variety of opinions, 1 am not certain of this power. [More…]
As to the constitutional power of what the Senate is doing. [More…]
Certainly four of the judges said that we have the total and absolute constitutional power to do what we are doing. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That the Senate’s delay of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That the Senate’s delay of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on cur democratic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island; and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
-Will the Leader of the Government in the Senate explain to the Senate and the people of Australia what are the claimed legal and constitutional means by which this Government proposes to hang on to power without the passage of Appropriation Bills? [More…]
The Australian people have repudiated them in the same way as they repudiated them last year when they forced this country to a double dissolution and in the same way as ultimately they will repudiate them when in good time, in accordance with proper constitutional conventions, this Government does go to the people. [More…]
But I did notice that the Loan Council was not standing by, and it seems to me somewhat amazing, from a government that is so concerned with the constitutional issues of the day, that the Loan Council, which the Government obviously was circumventing on the strange assumption that 20 years was a temporary period, was not standing by in this crucial moment. [More…]
The crisis has not just become what it has been intimated to be- a constitutional or conventional crisis. [More…]
I believe that we should not be led astray, we should not be led off the track, by assuming that the solution lies purely in the area of Mr Khemlani or in the area of a constitutional or conventional issue. [More…]
It is because the Prime Minister finds that the Senate seeks, through the constitutional powers that it possesses, to refer the performance of this Government to its masters, the people, that his reaction now is quite different to his reaction only 18 months ago, quite different to the action that he advocated in this Parliament for many years. [More…]
Besides the views of Mr Justice Murphy, Sir Robert Menzies and Mr Whitlam, we have the view of Quick and Garran, the interpreters of the Constitution, the view of Mr Odgers in his book Australian Senate Practice, and the views of a number of professors of law, of prominent Queen’s counsel and of many other people interested in the constitutional circumstances of this country. [More…]
We can forget in some measure about constitutional issues which are virtually settled and agreed to by all sides. [More…]
The next major breach of a constitutional convention was the decision made by the Opposition on 16 October to defer consideration of those Bills which make up the totality of the Budget until such time as the Government submitted itself to the people. [More…]
A Senate rejection of supply would place at risk the maintenance of constitutional government in this country. [More…]
The sorry fac;s are that the Senate, through its threatened refusal to pass Supply last year, went a long way towards creating a precedent that threatens Australia ‘s long-term stability, and that its success in forcing the Government to the polls this year, or early in 1 976, would make that precedent a regular element in Australia’s constitutional system. [More…]
There are no limitations on the Senate in the use of its constitutional powers, except the limitations imposed by discretion and reason. [More…]
Now in 1975 a similar situation has arisen but it turns out to be a great constitutional crisis. [More…]
The Prime Minister says that it will be legal and constitutional and that no course which involves any breach of the law will be followed. [More…]
Other constitutional provisions distinguish between the two Houses of the Parliament in relation to money Bills. [More…]
Other constitutional provisions dealing with money Bills are section 54 and 55. [More…]
If an attempt were made to ignore one of the constitutional directions it is not clear what the consequences would be. [More…]
No doubt if it were proposed in the Senate to amend a Bill imposing taxation, the President would rule the proposal out of order as unconstitutional. [More…]
Certainly the High Court would refuse to entertain any action to prevent the Senate attempting to pass an unconstitutional amendment. [More…]
If Senator Wright would care to cast his mind back to the time when he was sitting on the Senate Standing Committee on Legal and Constitutional Affairs when it was inquiring into the National Compensation Bill, he might well remember some evidence which was given to the original inquiry into rehabilitation and compensation in Australia by Mr D. G. Pettigrew, the managing director of Sun Alliance Insurance Limited, which is a multinational and which is the oldest still existing insurance company in the world. [More…]
Despite any arrangements which the Government may be negotiating with the trading banks at the present time, does the Minister agree that there will be no constitutional authority to spend such funds until Appropriation Bills are passed by both Houses of the Australian Parliament and have received the assent of the GovernorGeneral? [More…]
2) 1975-76 for the reasons given in the Senate resolutions is not contemplated within the terms of the Constitution and is contrary to established constitutional convention; [More…]
We definitely have a constitutional crisis on our hands, and we also have a political crisis on our hands. [More…]
We have on our hands a constitutional crisis. [More…]
But a working rule has for the present been adopted, based upon what is called the theory of Constitutional Government, which lays down that the continued life of an Administration is practically dependent solely upon its enjoying the confidence of a majority of the House of Representatives, and that it is sufficient if it enjoys that confidence without regard to the views of the Senate. [More…]
His wide acquaintance with constitutional practice, his broad grasp of the principles, and his keen powers of analysis were invaluable in laying down the lines of the interpretation of the Federal Constitution. [More…]
His name will go down in history as that of a great constitutional lawyer, who founded on an enduring basis the traditions of the great Court over which he presided with such distinction for more than 1 6 years. [More…]
Upon it Sir Samuel stamped the impress of his constitutional mind- in itself sufficient to give him enduring fame- and first draft though it was, the Bill of 1891 in its main outlines was accepted as the framework and basis of the Constitution drafted by the National Convention of 1 897-8, and finally approved by the people as the charter of Federal Union. [More…]
It will be noticed that the Chief Justice is not on record here as interpreting section 53 as denying to the Senate the constitutional right to reject a money Bill, whether it be one which is amendable or one which is not amendable. [More…]
It does not refer to the Constitutional powers between the 2 Houses but simply lays down Sir Samuel Griffith’s views as to the principles by which the Governor-General should guide himself in a double dissolution situation. [More…]
I trust that Senator Hall will pursue his constitutional ruminations over the weekend. [More…]
That we arc fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
That we are fearful that any further delay by the Senate of the Loan Bill and Appropriation Bills will bring Australia into a constitutional, economic and social crisis, leaving indelible scars on our democratic institutions. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Constitutional and Legal Affairs; [More…]
We have had many constitutional changes over the years but I think that representation in the Senate is probably one of our major milestones. [More…]
It does not accept the manner in which the election was brought about and it will continue to explain to the Australian people the wrongness of what was done and the inherent dangers which those actions have brought to the Australian parliamentary system, in the hope that the Australian people will recognise that there must be constitutional changes in this country which would prevent any political party ever again bringing about the event that we saw last year. [More…]
At that lunch he freely discussed the constitutional crisis. [More…]
Let us not have a continuation of what was an extremely unsuccessful election campaign; rather, let us have people considering whether any form of constitutional reform is necessary. [More…]
There are, analogous to this, constitutional problems which cannot be ignored by this Parliament or by the people of Australia. [More…]
Therefore, I say that there should not be in our minds any idea that the various constitutional issues which have received attention and attracted importance in the last few months will just go away. [More…]
They are not matters which will be resolved in the type of heated debate which we have had in the last 2 days, lt would be well worth our while to put them aside for 6 to 9 months, but not much longer than that, so that they could then be considered, perhaps at the Constitutional Convention which will be recalled or in some other forum. [More…]
I do not think this matter will be resolved until it is resolved by a constitutional amendment. [More…]
In this connection I should like to refer to an extract from the report of the Senate Standing Committee on Constitutional and Legal Affairs on clauses of the National Compensation Bill. [More…]
But I think, idealistically as Senator Missen spoke, that what he was suggesting to members of the Opposition as to what we could do about the constitutional issues and the constitutional problems that face this country is stretching the credibility of his argument a little too far. [More…]
He was suggesting that perhaps in about six or nine months time issues such as the powers of the Governor-General, who at the moment seems to have the powers of an absolute monarchy, and the powers of the Senate, which at the moment is the most powerful House of Parliament in the world, and the problems created by these powers, which have been confirmed by the actions of the Governor-General in November and the elections since, can be discussed perhaps at a constitutional convention. [More…]
No one on this side of the chamber or, I suggest, on that side of the chamber- not even Senator Wright- and certainly no one in the House of Representatives will suggest to me or to anyone else that, while John Malcolm Fraser is the Prime Minister of this country and we have a conservative regime such as that we have now, there will be any possibility of constitutional amendment or even discussion of constitutional amendment on this issue. [More…]
What Mr Fraser is about and what the others are about is power, and any constitutional amendment would decrease that power. [More…]
It did its duty not only in the legislative sense by passing a whole mass of legislation but also in the constitutional sense and, if I may use the words which are used by the Clerk of the Senate in his book, in the institutional sense. [More…]
Similarly, if any man had dared to stand up and tell the Constitutional Convention of 1897-98 that the Senate could not reject or defer Supply the Constitution would never have been accepted. [More…]
Mr Whitlam saw fit at that time to take the circumstances of a deadlocked Parliament to the people, as was the traditional and constitutional necessity. [More…]
I find it most extraordinary that we should be concerning ourselves today and over this last week with Opposition efforts in this chamber to assert that the action of the Senate was a threat to democracy and the action of the GovernorGeneral, as the ultimate force in the constitutional set-up of this country, was in some measure a threat to democracy. [More…]
The significant character and quality of a one party State is that the Prime Minister of the day usurps the constitutional functions which should be carried out either by a Governor-General, in the case of Australia, or in the case of a republic- which Senator James McClelland so earnestly advocates for Australia and which Mr Whitlam prophesied would be established here in his own liftime- by a President, who would be turned into a cipher. [More…]
That does not make the decision right and it does not say that they cannot be enlightened about the constitutional issues, about the morality of the decision or about any of the other subjective factors involved. [More…]
What does the Governor-General say when he talks about his constitutional position? [More…]
Everyone knows that the Governor-General must act upon the advice of his Ministers, his constitutional advisers, when that advice is finally and formally given to him. [More…]
Of all the issues that might come before this Senate- this place which was formed as a result of the constitutional conferences, this place in which it was agreed by the States that they would have equality of representation as a precondition for their joining the federation- what is the most significant issue in that sense? [More…]
I heard about the constitutional crisis- as it was called by the then Government, the present Opposition. [More…]
We were allegedly going through a constitutional crisis. [More…]
There was no constitutional crisis. [More…]
There was no constitutional crisis. [More…]
Constitutional and Legal Affairs; [More…]
The committees that Senator Withers has suggested should be established are the Constitutional and Legal Affairs Committee, the Education and the Arts Committee, the Foreign Affairs and Defence Committee, the Social Welfare Committee, the Trade and Commerce Committee, the National Resources Committee and the Science and the Environment Committee. [More…]
Some advocated a system of joint committees while others, each with their own view of the constitutional differences between the two Houses, urged separate committee systems for each House. [More…]
On the other hand, the Clerk of the Senate argued that ‘joint committees subvert bi-cameralism’ and that the constitutional roles of the Houses militated against joint committees. [More…]
Constitutional and Legal Affairs; [More…]
On policy committees the Senate has a separate constitutional role when compared with the House of Representatives. [More…]
Under his chairmanship the Committee on Constitutional and Legal Affairs carried out a very valuable exercise which was reflected in debate in the Senate. [More…]
Mention has already been made of the reference to the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs of the Family Law Bill when it was introduced into the Senate. [More…]
The Central Intelligence Agency engaged in scores of plainly unlawful and improper invasions of constitutional rights during its 28-year history, including domestic breakins, wiretaps, mail openings and data-collection on thousands of Americans, the Rockefeller Commission reported yesterday. [More…]
That is all that the decision of the GovernorGeneral meant, and it was an entirely constitutional decision. [More…]
It was a crisis concerning the very legal and constitutional fabric of our system of government. [More…]
As I am a layman I would not like to enter the arena and try to dispute what are the constitutional legalities, what they should be and whether the situation should be remedied. [More…]
There are, analogous to this, constitutional problems which cannot be ignored by this Parliament or by the people of Australia. [More…]
Senator Missen went on to refer to three of the constitutional questions that should be investigated and resolved to the satisfaction of not only the Senate but also the people of Australia. [More…]
I believe that the Senate has an undeniable responsibility to the Parliament to remedy the unresolved constitutional anomalies that cheated the Labor Government of office last year. [More…]
I believe that an investigation should be made by a Senate committee into the constitutional legalities of the position and that the matter should be sorted out. [More…]
One of my colleagues in an earlier stage in this debate said- I think it was Senator Rae- that if the Labor Opposition believes there is a real political or constitutional issue raised, let it bring forth a proposed amendment to the Constitution or let it raise the matter as an amendment to the motion which we have before us. [More…]
This is obviously not possible in my case but mention might be made of 3 people from amongst all those who have fought for the constitutional development of the Northern Territory. [More…]
Since the former Government assumed office in 1972 great forward steps have been taken in the field of constitutional development. [More…]
The Governor-General has at least 2 clear constitutional prerogatives which he can exercise- the right to dismiss his Ministers and appoint others, and the right to refuse a dissolution of the Parliament or of either House. [More…]
It also said Sir John had no constitutional authority to dissolve Parliament on the advice of the minority party in the House of Representatives. [More…]
If such be the section’s purpose and intended operation, how is it possible consistently with the Constitution that a reserve power of uncertain existence and unknowable constituents must be exercised in a way necessarily denying effect to the one constitutional provision expressly directed to the solution of deadlock between the Houses? [More…]
In his summary of reasons, Sir John said: ‘If the Prime Minister refuses to resign or to advise an election, and this is the case with Mr Whitlam, my constitutional authority and duty require me to do what I have now done- to withdraw his commission and to invite the Leader of the Opposition to form a caretaker Government . [More…]
Within a few days we had an express confirmation of the power from no less a jurist than the Governor-General himself supported, as it was, by a plain, succinct and clear opinion without qualification by one of the most eminent constitutional lawyers who has ever practised or presided over a Bench in this country, Sir Garfield Barwick. [More…]
It is all neatly summarised for us in the document which the Clerk of the Senate, through the President, laid on the table at the opening of this session when he succinctly put forward a view of the striking steps made in constitutional development during the 3 years of Labor challenge. [More…]
For anyone to argue that the Senate should not have the power to withhold Supply is to misunderstand Constitutional intent. [More…]
Similarly, if any man had dared to stand up and tell the Constitutional Convention of 1 897-98 that the Senate could not reject or defer Supply the Constitution would never have been accepted. [More…]
A proper classification of what are the ordinary annual services of the Government in order to protect the Senate’s Constitutional power of amendment in respect of certain money bills (1901-2, 1924, 1952, 1961, 1964, 1965, 1968). [More…]
I hope that any purposeful student of this situation will now ask himself seriously whether this Senate has the legal constitutional power to reject or defer an appropriation or Supply Bill. [More…]
If the proper constitutional course of a government whose appropriation of Supply Bill is rejected or deferred is then either to advise a general election or to resign, let us consider the propriety of the exercise by the GovernorGeneral of the powers that he exercised on 1 1 November. [More…]
Against that danger the reserve power of the Crown, and especially the power to force or refuse dissolution, is in some instances the only constitutional safeguard. [More…]
That is a succinct piece of advice that should be written in bold letters so as to enshrine it as a clear statement of clear constitutional principle. [More…]
In England the chief judicial officer, the Lord Chancellor, is a member of the actual Cabinet and is privy to consultations not merely upon constitutional matters but on all political matters. [More…]
In our conversations I indicated that I considered myself, as Chief Justice of Australia, free, on your Excellency’s request, to offer you legal advice as to Your Excellency’s constitutional rights and duties in relation to an existing situation which, of its nature, was unlikely to come before the court. [More…]
In response to Your Excellency’s request for my legal advice as to whether a course on which you had determined was consistent with your constitutional authority and duty, I respectfully offer the following. [More…]
Two relevant constitutional consequences flow from this structure of the Parliament. [More…]
First, the Senate has constitutional power to refuse to pass a money Bill: it has power to refuse Supply to the Government of the day. [More…]
Secondly, a Prime Minister who cannot ensure Supply to the Crown, including funds for carrying on the ordinary services of government, must either advise a general election (of a kind which the constitutional situation may then allow) or resign. [More…]
If, being unable to secure Supply, he refuses to take either course, Your Excellency has constitutional authority to withdraw his commission as Prime Minister. [More…]
Very wisely, he took the course of accompanying his letter of dismissal to the previous Prime Minister with a statement of reasons to be publicised so that the country could understand that the purpose of the GovernorGeneral ‘s action was that the ultimate sovereign power in this country, namely, the vote of the people at a secretballot, could be obtained, and it would lead to a solution of the constitutional difficulty. [More…]
Some reference has been made to the debate on the constitutional aspect which took place in that campaign. [More…]
in making that assessment - that is, the Governor-General’s assessment- it is a common-sense as well as a constitutional one. [More…]
Although no doubt uncomfortable and irritating to those principally concerned, the present constitutional crisis in Australia is a marvellous example of the Constitution working well in a crisis. [More…]
We are in the midst of a political and constitutional crisis which was already beginning to cause some hardship and much inconvenience. [More…]
He purported to dissolve both Houses of Parliament without any demonstration that he possessed constitutional power at the relevant time to do so. [More…]
The effective head of state in a parliamentary system is indeed bound to consult his law officers at all stages of a constitutional crisis up to the time when he decides that he is constitutionally required to reject this advice. [More…]
That opinion must certainly be correct when the effective head of state could reasonably form the view that his ministers were embarked on a course of gravely unconstitutional conduct. [More…]
The Governor-General was advised by the Chief Justice on this point as follows: ‘First, the Senate has constitutional power to refuse to pass a money Bill: it has power to refuse supply to the Government of the day. [More…]
Secondly, a Prime Minister who cannot ensure supply to the Crown, including funds for carrying on the ordinary services of government, must either advise a general election (of a kind which the constitutional situation may then allow) or resign. [More…]
If, being unable to secure supply, he refuses to take either course, Your Excellency has constitutional authority to withdraw his commission as Prime Minister’. [More…]
Parliament without any demonstration that he possessed constitutional power . [More…]
A constitutional lawyer ought to grant that the issues involved in this crisis have nothing at all to do with independence or colonialism, or hereditary monarchy, but everything to do with the rational coherence of the parliamentary system, which requires an effective head of state with the responsibility of acting in the way that Sir John Kerr has acted, in the most unusual sort of circumstances here involved. [More…]
In the circumstances- the exceptional inflation in which the country was being drowned, the high interest rates, the record unemployment, the depressed rural industries, a tariff decision still operating to an overall cut of 25 per cent, a deficit in the Budget that is now approaching $5 billion, and the wake of the loans scandal, in which there had been an attempt to raise from external sources, by unconventional means, no less than $4,000m- it is a matter of great satisfaction that the public of Australia could be relied upon to solve a constitutional crisis, to give confirmation to the GovernorGeneral, and also to solve a political crisis. [More…]
It would be inappropriate to the remarkable occasion of the dissolution, its constitutional significance and the signal victory that the Australian people registered for the maintenance of proper constitutional procedures and for the restoration to government of a government of responsibility not to deal with that matter. [More…]
The constitutional authority of a Premier rests almost entirely upon his success at a general election and upon his continued authority in the popularly elected House, and not upon irresponsible speculations as to whether he would have lost his majority if the Constitution had provided for annual and not triennial elections. [More…]
In the Age on 25 August 1953 Mr Gorton stated: the problem of preventing the Senate from inhibiting and frustrating government can be solved (by Constitutional amendment) . [More…]
The significant character and quality of a one party State is that the Prime Minister of the day usurps the Constitutional functions which should be carried out either by a GovernorGeneral, in the case of Australia, or in the case of a Republic . [More…]
The first is that the word Commonwealth’ is properly descriptive of the political and constitutional situation in Australia. [More…]
I think that it properly reflects the constitutional position and I trust that the Government will continue to be consistent in its use of that expression. [More…]
Honourable senators will remember also that the Liberal-Country Party senators when opposing the Bills on that occasion, found it appropriate to abuse, to misuse and to distort the constitutional and parliamentary procedures and conventions in an endeavour to corrupt and mislead the people and the Parliament. [More…]
It seems to me that the future of this chamber as a House of review or as any other useful constitutional measure is in serious doubt. [More…]
This is, of course, the primary responsibility of the State Government in Tasmania, since it has the constitutional responsibility over tertiary institutions. [More…]
Constitutionally, the Commonwealth does not have statutory or constitutional power to deal with meat for the domestic market. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island; and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
At the moment the matter rests primarily with the Premier of Tasmania to assess the report and to decide whether it should be implemented, because the constitutional power over such colleges of advanced education lies with the States. [More…]
But the events of late last year will be indelibly part of Australia’s constitutional and political history. [More…]
I would have thought that the task of those who essay literature on this subject is to verify their facts and to ensure that their contributions have value in that political and constitutional assessment. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
We acted upon advice which more often than not we received from our legal advisor, who is a man versed in constitutional law, but we did not act upon advice on all occasions. [More…]
The matter of the Karmel Committee report relating to post-secondary education in Tasmania is primarily one on which a decision must be made by the Premier of Tasmania, in whose constitutional responsibility the decision reposes. [More…]
What constitutional authority has the Government to make home savings grants to single persons, as proposed in the statement submitted to the Senate? [More…]
In March 1974, Her Majesty was to have made visits to South Australia and Western Australia and was greatly disappointed when her constitutional duties in Britain brought about their cancellation. [More…]
If so, is the Department aware of the salient arguments, based on principle and reduction of expense to the Government, which were advanced in favour of this provision by members of the Senate Standing Committee on Constitutional and Legal Affairs and other speakers in debate on the Family Law Bill and which are written into the Family Law Act? [More…]
-I present a report on the outstanding references of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I am no constitutional expert. [More…]
The Committee made submissions to the Senate Standing Committee on Constitutional and Legal Affairs at the time the Senate Committee was examining the clauses of the National Compensation Bill 1974, which had been introduced into Parliament by the previous Government. [More…]
1 ) that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Having regard to the constitutional function of the Arbitration Commission, is it considered responsible government to seek to make the Commission responsible for the confusion of the Government’s economic policies? [More…]
It concerns itself with a constitutional and governmental set up in which the attitudes and priorities of people on the spot are the attitudes and priorities that are capable of being followed. [More…]
What he did not and obviously has not understood, and what he did not explain in his contribution, is that the legalities of the way in which the federalist system operates in Canada are not applicable to Australia because of our constitutional restrictions. [More…]
It is clearly set out in the Australian Labor Party Platform Constitution and Rules that we believe in constitutional action through the State and Australian Parliaments, municipal and other statutory authorities. [More…]
He put his signature to a document in 1959 relating to constitutional rights. [More…]
Even a conservative like Senator Wright was prepared to put his signature to a document relating to constitutional rights some 17 or 18 years ago. [More…]
The Court pointed out that there is no constitutional requirement that a census be taken or. [More…]
However, the exercise of the power will always be in the discretion of the court and will, of course, be subject to the restraints imposed by the constitutional requirements of the judicial power of the Commonwealth. [More…]
My insistence on a royal commission into this matter met with no approval from the Western Australian Government until I decided that there was some constitutional doubt whether the Commonwealth, while it had power to look after Aborigines and investigate what happened to Aborigines, could inquire into the activities or action of State police. [More…]
Both the Select Committee on the Constitution Alteration (Avoidance of Double Dissolution Deadlocks) Bill 1950 and the Joint Committee on Constitutional Review referred to casual vacancies and made that suggestion. [More…]
The Joint Committee on Constitutional Review pointed out the difficulties in framing a suitable amendment. [More…]
By way of illustration of the difficulties confronting the Committee, it would have been necessary, in any constitutional alteration, to deal with possible cases of a vacating senator who joined another party after election, became a member of another party because that party succeeded the party in existence at the date of election or who, for that matter, was not a member of any party. [More…]
Committee thought the principle should continue to be observed without exception so that the matter may become the subject of a constitutional convention or understanding which political parties will always observe. [More…]
In view of the provisions of Section 15 of the Constitution and the imminent commencement of the Second Session of the Forty-First Parliament of Queensland, it would be appropriate if the constitutional action involved for the filling of the casual Senate vacancy were undertaken by the Parliament following the commencement of the Second Session. [More…]
As soon as I am in receipt of the name of this nominee, I shall advise you accordingly and, at the same time, the necessary constitutional procedure for the filling of this casual Senate vacancy brought about by Dame Annabelle ‘s resignation will be set in train. [More…]
Those who do care about the 1975 incident should support any moves to have the deliberations of the Joint Committee on Constitutional Review in relation to casual vacancies investigated further. [More…]
Does the Minister agree that the Federal Government has no constitutional right to impose tax surcharges on Australian Capital Territory citizens? [More…]
Of course, the Federal Government has a considerable interest- if not a constitutional one, then a very strong financial one- in the consequences of this matter. [More…]
After discussions, the Committee and the Minister for the Capital Territory agreed to the following: Firstly, that the ordinances would be repealed; secondly, that the Senate would be asked on motion of the Minister representing the Minister for the Capital Territory to refer the ordinances to the Senate Standing Committee on Legal and Constitutional Affairs for inquiry and report by 30 September 1976, and that should that Committee recommend any amendments to the ordinances they would be remade with those amendments; and thirdly, that the Committee would recommend to the Senate that it be authorised to revise its charter so that it will no longer apply to Australian Capital Territory ordinances approved by the Legislative Assembly the Committee’s fourth principle relating to substantive legislation. [More…]
Neither of the agreements can enter into force until all necessary constitutional processes are completed both by Australia and the other country. [More…]
I think perhaps the most important is the undertaking that we have given to proceed with constitutional change in the Australian Capital Territory. [More…]
The following matter be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report: [More…]
That the Senate agrees that the Commonwealth Parliament participate with the Parliaments of the States in the continuing work of the Constitutional Convention established to review the Commonwealth of Australia Constitution and accordingly resolves: [More…]
I ask the Minister whether he will put to study by the Attorney-General the question whether our Constitution permits secret courts, whether the 2 terms are not diametrically inconsistent having regard to the British Constitution and whether secret courts are completely prohibited; and will he let the Senate know the Attorney-General’s advisings on that constitutional matter? [More…]
There were apparent variations from these policies in 1973 and 1974 which led to the matter being referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As will be seen from a perusal of Part IV of the Act, for Constitutional reasons its provisions are not applicable to intrastate services, except in the case of those operated by Trans-Australia Airlines. [More…]
1 ) That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report: [More…]
I desire to make some brief remarks in support of that motion which I move as a member of the Standing Committee on Constitutional and Legal Affairs. [More…]
Any decision would be a matter involving constitutional amendment but that is a matter for further consideration. [More…]
I have been speaking in general terms but it is with these matters in mind that I suggest this motion be agreed to so that the reference can be sent to the Senate Standing Committee on Constitutional and Legal Affairs and enable a full examination of the problem. [More…]
We all know that in the early part of 1975 those who are now in Government and the conservatives generally both inside and outside this Parliament were hell bent on destroying the constitutional government in Australia. [More…]
I am pleased that Senator Wright is in the chamber because he is a man with a long and distinguished interest in matters constitutional and I raise this next matter as a senator from Western Australia. [More…]
Twice in a little over a year this same Premier intruded into an area which is unquestionably the constitutional responsibility of the national government. [More…]
We had an argument about constitutional matters and foreign affairs responsibilities. [More…]
The prime objective of the Conciliation and Arbitration Act, as limited by the constitutional powers of the Commonwealth, is in respect of the prevention and settling of industrial disputes. [More…]
As to the other part of the honourable senator’s question in respect of nuclear waste facilities, I point out to the Senate that in view of Australia’s constitutional powers and responsibilities under the treaty on the non-proliferation of nuclear weapons, any question relating to the establishment of nuclear waste facilities in Australia is a matter for the Commonwealth Government alone. [More…]
Under present constitutional limitations, this concept can only be realised through a system of State Family Courts exercising State and federal jurisdiction covering the whole area of family law. [More…]
As promised, this Government, immediately on being elected, began moves towards executive responsibility for the Legislative Assembly based on the recommendations of the Parliamentary Joint Committee on the Constitutional Development of the Northern Territory- recommendations which were available to the previous government for twelve months. [More…]
That report, which was presented to the Parliament by the honourable member for Hunter, as Chairman of the Committee, has made a valuable contribution to the Territory’s constitutional development. [More…]
It is tangible evidence of the Government’s determination to give effect to its election undertakings on the constitutional development of the Northern Territory. [More…]
For the first time in its history it will be a responsible legislature in the constitutional sense. [More…]
This occurs not through any fault in this legislation but because of the constitutional constraints placed on any Australian government by the Federal Constitution. [More…]
I admit the embarrassment produced to the learned judge of first instance and to the majority of the Court of Appeal by the state of the decisions; but those decisions, in my humble judgment, or rather- for it is in nearly all the instances only so- these expressions of opinion by the way, have signified not alone an encroachment upon and suppression of private right, but the gradual invasion and undermining of constitutional security. [More…]
To remit the maintenance of constitutional right to the region of judicial discretion is to shift the foundations of freedom from the rock to the sand. [More…]
Therefore it surprises me when I turn to the Bill to find that despite the fact that the High Court invalidated section 97 insofar as it referred to other courts in the sense of State courts, as I read the Bill there is no amendment put forward to section 97 although in other respects of custody and property there has been an attempt to alter the language of the Bill so as to come within the constitutional limits allowed by the High Court. [More…]
It is designed to reduce the definitions so that it only covers those things that are within the constitutional power at the present time. [More…]
Has the Minister been able to obtain a reply from the Attorney-General regarding Senator Cavanagh’s question without notice asked on 6 April 1976, viz: ‘What constitutional authority has the Government to make home savings grants to single persons as proposed in a statement submitted to the Senate ‘. [More…]
The Attorney-General has advised that it would not be in accordance with practice to furnish legal opinion on the Commonwealth’s constitutional powers in answer to a question. [More…]
277), which provides a reasonable constitutional basis for the making of the grants by the Commonwealth. [More…]
An inquiry into Australian newspaper publication was not considered because the Commonwealth Government does not have constitutional responsibility with respect to the printed media. [More…]
I am sure honourable senators will agree the Government would be negligent in its duty if it did not take action to ban the advertising of such products in areas where it has constitutional power. [More…]
In this connection the Government has agreed that the Minister for Health should pursue with State Health Ministers their proposals to work towards uniform legislation to control cigarette advertising in areas where the Commonwealth has no constitutional power. [More…]
There has been a High Court ruling on this matter and that is that that constitutional provision does not protect people in the Australian Territories. [More…]
Therefore there is a constitutional gap in that should the Commonwealth acquire property in the Territories there is no obligation upon it to pay just terms. [More…]
We believe that people who live in the Territories ought not to be deprived of receiving just terms for their property that is compulsorily acquired merely because of an accident of constitutional interpretation. [More…]
What does matter is the fact that for the first time since I have been in this place there has been a party political attempt to upset the oldest presently existing active committee of the Senate which has enjoyed an enormous reputation not only within the Parliament but also among political scientists, constitutional lawyers and those interested in the workings of the Parliament. [More…]
The Mission would therefore like to know in general the problems with which the people of the Cocos (Keeling) Islands may be faced during their process of development, particularly in the constitutional, administrative, economic, educational and social fields and in the field of general wellbeing. [More…]
I am reminded that he was a member of the Senate Standing Committee on Constitutional and Legal Affairs and that the consideration by that Committee of the clauses of the National Compensation Bill last year probably saw the Social Welfare Commission functioning at its finest hour because it was the evidence and contribution of the Social Welfare Commission which more than anything else demonstrated the shortcomings in the proposed legislation and which led to its being withdrawn. [More…]
These were the factors which justified the breaches of convention in the Senate and which created a constitutional crisis in this country which undermined the confidence of half the Australian people in parliamentary government. [More…]
Of course, we did this also because it is the one area in which the Federal Government has constitutional power in relation to the media. [More…]
Of course, that requires an exercise of the constitutional power of each State. [More…]
The lack of constitutional power over the media in general terms including, for example, newspapers has the consequence that a government is unable to follow a consistent policy. [More…]
On behalf of the Opposition I very much regret that the Government does not have the capacity to influence more widely tobacco and cigarette advertising but, as I said earlier, I congratulate the Government on the steps it has taken within its present constitutional powers. [More…]
True it is that the Labor Government could not exercise constitutional control over advertising in newspapers or magazines, but it could exercise such control over radio and commercial television advertising. [More…]
There is no constitutional problem about the fixation of a wages policy or about profits in New Zealand. [More…]
This is because of their firm adherence to democratic principles and their commitment to constitutional propriety. [More…]
During the years many moves have been made to bring about constitutional changes. [More…]
People in the Northern Territory desire constitutional changes. [More…]
It is a Bill which provides for certain accounting procedures involving transfers of moneys to the Consolidated Revenue Fund because of the constitutional requirements pertaining to that account. [More…]
I also remind honourable senators that the Governor-General was appointed by the Labor Government of the day and he was described by the Labor Government of the day as a man eminently equipped in the law, and in constitutional law, to uphold the Constitution of Australia, which he did. [More…]
I sat on the Senate Standing Committee on Constitutional and Legal Affairs which dealt with the proposed national compensation scheme. [More…]
1 ) The Consultative Committee was established to give effect to an important recommendation of the Joint Parliamentary Committee’s Report on Constitutional Development in the Northern Territory and meetings were held on 6 March and 14 April 1976. [More…]
There are no limitations on the Senate in the use of its constitutional powers except the limitations imposed by discretion and reason. [More…]
There are no limitations on the Senate in the use of its constitutional powers except the limitations imposed by discretion and reason. [More…]
Francis West, ‘Constitutional Crisis 1975- An Historian’s View’, Australian Quarterly, Vol. [More…]
Theory of constitutional convention on Subject of Supply in Australia is not readily sustainable. [More…]
This we can do because we have proudly preserved the monarchy as the apex of our constitutional system. [More…]
The description by the paper writers of this as a literal interpretation of a merely theoretical power to refuse supply seems to be an attempt to use political arguments to determine what is essentially a question of constitutional law. [More…]
It is open to the Governor-General to obtain advice on the constitutional question from other quarters- perhaps from the Chief Justice, the Attorney-General or eminent counsel- and then a solemn responsibility rests on him to make a judgment on whether a dissolution is needed to serve the purpose of good Government … by giving to the electorate the duty of resolving a situation which Parliament cannot resolve for itself. [More…]
I present a report on the outstanding references of the Senate Standing Committee on Constitutional and Legal Affairs and move: [More…]
That the date for presenting the report of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs on (1 ) alterations of the law made by the Misrepresentation Ordinance 1965 of the Australian Capital Territory, as amended by the Misrepresentation Ordinance 1976 of the Australian Capital Territory, and (2) the alterations of the law made by the Manufacturers Warranties Ordinance 1975 of the Australian Capital Territory be extended to 30 November 1976. [More…]
Like Senator Walters, I am not a constitutional lawyer. [More…]
I am not a constitutional lawyer. [More…]
It was a court that was in contemplation by the Senate Standing Committee on Constitutional and Legal Affairs which made recommendations on Family Courts to this Senate which ultimately were incorporated in the Family Law Bill. [More…]
The Government believes that that is the preferable way of overcoming these legal and constitutional problems. [More…]
I suggest to the Senate that Professor Manning Clark as an historian is entitled to his view and to his interpretation of the constitutional and historical significance of the events of last November. [More…]
It is just because the Governor-General used his constitutional powers- those powers most people thought belonged to the days of yesteryear- to serve the interests of the Liberals rather than Labor that the men of good-will, men who may have been bothered by all those errors human frailty and folly had caused Whitlam and Co. to fall prey to, were filled with a righteous indignation. [More…]
Another proposal is to the effect that the President of India- another constitutional amendment makes it clear that the President of India can act only on the advice of the Government of India- can amend the Constitution for a period of 2 years; that is to say, for all intents and purposes the executive government has the right to amend the Constitution. [More…]
As has been seen in other countries, once you start off on the road of taking away the constitutional rights of people by whittling down democracy it is usually an unending process. [More…]
The constitutional changes proposed by the Swaran Singh Committee - [More…]
That is the Committee that made the recommendations regarding the constitutional amendments- are calculated to emasculate the concept of checks and balances in respect of the exercise of executive authority by seriously diminishing the scope of judicial review. [More…]
I wish to refer briefly to a report in the Canberra Times today relating to constitutional change in the Australian Capital Territory. [More…]
I know that that sort of statement gives rise to some concern among many public servants in the Territory who are associated with its administration or who may be associated with its administration following the constitutional change. [More…]
My personal concern is that a report of that nature may be taken to mean that no such assurances have been given to public servants who may be involved in or affected by constitutional change in the Austraiian Capital Territory. [More…]
Tonight in this chamber I seek a clear assurance from the Minister representing the Minister for the Capital Territory that the statement made by the Government parties during the election campaign and the assurance which I gave on 4 August still stand and that public servants who, because of constitutional change, may be involved in or transfer to the Capital Territory administration will have the same rights and terms and conditions as all other public servants under the Public Service Act. [More…]
Has the Minister also noted that as of yesterday the 5-point program appeared to be reduced by one point, with the elimination of the proposed constitutional amendment in relation to prices under the benign influence of Mr Hawke? [More…]
Last year it was proposed to the Constitutional Convention in Melbourne that a referendum be held to enable the Parliament to grant financial assistance to local government bodies in the same way as it has always been possible to grant assistance to State governments. [More…]
It is not always that I agree with Sir Eric Willis, the Leader of the Opposition in New South Wales, but I think he acknowledged the proper role of local government when speaking at a meeting of the Liberal Club at the University of New South Wales on 22 September 1976 when he said in essence that the role of local government should be defined by constitutional amendment. [More…]
For an example we have only to look back as far as 1 974 when honourable senators opposite boycotted the Australian Constitutional Convention. [More…]
I remind the Senate that when we raised the question at the Constitutional Convention, to which I was privileged to be a delegate, in Sydney in 1974 it was the very conservative representatives of the present Government as well as their counterparts in the States who were resisting any recognition of local government at all- firstly, at the Convention, and secondly, in any change in its relationship. [More…]
Heavens, America would be one of the last countries that we should try to ape in terms of the way in which constitutional government operates. [More…]
But that opportunity has, of course, already been given to local government and to the States at the Constitutional Convention without much success or much progress. [More…]
It is a constitutional body. [More…]
Therefore, no matter how concerned we may be about certain matters that occur from time to time, no matter how much we may believe that a question of civil liberties is at stake, there is nothing that we can do unless those matters come within the constitutional power of the Commonwealth Parliament and the Commonwealth Government. [More…]
The Government believes that the Commonwealth has the necessary constitutional powers to legislate in this area and considers that it should introduce appropriate Commonwealth legislation into the Parliament during the current sitting. [More…]
I present the report of the Senate Standing Committee on Constitutional and Legal Affairs on its inquiry into the retiring age of judges. [More…]
In what little spare time I had from the Constitutional Convention during the week, I noted that a great deal of interest was shown by all people in Hobart in the arrival of the U.S.S. [More…]
4, the report of the Standing Committee on Constitutional and Legal Affairs on the retiring ages for Commonwealth judges. [More…]
The Constitutional and Legal Affairs Committee has made certain recommendations to the Senate relating to the retiring ages of High Court and Federal court judges. [More…]
Also reference was made to this very matter at the Constitutional Convention that was held in Hobart last week. [More…]
Therefore, we would hope not only that the matter standing in the name of Senator Missen would be brought forward at an early date under General Business when Parliament resumes for the autumn session but also that the Government would see its way clear to act in accordance with this recommendation and in accordance with the recommendation of the Constitutional Convention which was held in Hobart by bringing down a Bill early in the next sessional period to enable the retiring age of judges of the High Court to be set at 70 years and of all other judges of Federal courts to be set at 65 years. [More…]
that the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island, and [More…]
that the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
Last week in Hobart I had the opportunity, during some part of the Constitutional Convention, to have personal discussions with the Lord Mayor of Perth about this matter. [More…]
I became aware of this matter last week at the Constitutional Convention in Hobart when one of my State colleagues from Queensland raised it with me informally. [More…]
I suggest that the authorities who have analysed the situation from a constitutional point of view, such as Professor O ‘Connell, Dr Forcey and Professor Richardson, citing such authorities as Mr Justice Dixon for the right of the Senate to reject Bills with a consequent dissolution of the Parliament, bring home to the people of Australia how useful it is in this democracy to have a mechanism in the Senate with the power to reject a money Bill such as this. [More…]
What I am suggesting here is that we should take a few minutes to remind ourselves that that is our constitutional authority and our constitutional duty on some occasions. [More…]
I speak tonight in the hope that the Senate will interest itself in the development of the practice, that the Government will give consideration to it and that that practice will develop, notwithstanding the existence of the Public Accounts Committee and the House of Representatives Standing Committee on Expenditure that has recently been set up, because all these matters require that this chamber considers its undoubted constitutional power of request for amendment to be exercised on the appropriate occasion. [More…]
That was the very issue, Mr President, that you and your colleagues used to bring down a properly elected constitutional government when you took the infamous action just a year ago of denying the right of this Parliament to look at the Appropriation Bills. [More…]
A large part of the money that is granted is granted in terms that maintain the constitutional requirement. [More…]
Following recommendations of Estimates Committees in 1973 and 1974 the Senate referred the question of the ‘ordinary annual services of the government’ to the Standing Committee on Constitutional and Legal Affairs and that Committee considered and reported upon the subject It appears logical and sensible that matters arising from Estimates Committee deliberations should form the bases for such further Standing Committee examination, and the continuation of the practice warrants the consideration of the Senate. [More…]
This happened in 1973 and 1974, as Senator Douglas McClelland mentioned, when the question of the ordinary annual services of the government were referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Incidentally, they are established basically under State law because the constitutional head of power in respect of universities and colleges is a State head of power. [More…]
I refer to 2 meetings to be held in Adelaide next week- one at the Adelaide Town Hall and the other at the Norwood Town Hall- on the subject of last year’s constitutional crisis and democracy in Australia. [More…]
We have had, of course, to consider the source of constitutional power to enable the Parliament to enact the legislation and to confer the jurisdiction on the High Court. [More…]
In the present case, I believe that the external affairs power provides a sufficient constitutional basis for the Bill. [More…]
The Agreement recognises, in Article 5, that the signatories will need to pay regard to constitutional and other requirements, such as the enactment of enabling legislation, before the Agreement can come into force. [More…]
I know of no constitutional authority, either in the Constitution or in the decisions handed down by the High Court, which says that the Senate can only make a request and that if it is ignored that is the end of the matter. [More…]
The honourable senator may have seen Press reports that during the Constitutional Convention in Hobart Mr Neilson had produced his 24-point plan- I think there were 24 points in it- and the Prime Minister said then that the Commonwealth Government would give serious consideration to the matters raised by the Premier and, having studied them, he would be prepared to discuss them with the Premier of Tasmania. [More…]
Senator Primmer should know that the central responsibility to answer the question he has posed lies with the Victorian State Government because State schools, primary and secondary, are the constitutional and financial responsibility of the States. [More…]
That the Australian Government uses its constitutional powers to prohibit the export of any mineral sands from Fraser Island. [More…]
That the Australian Government uses its constitutional authority to assist the Queensland Government and any other properly constituted body to develop and conserve the recreational, educational and scientific potentials of the natural environment of Fraser Island for the long term benefit of the people of Australia. [More…]
He went on to say that the Senate should consider ‘its undoubted constitutional power of request for amendment to be exercised on the appropriate occasion’. [More…]
It is clearly the Senate’s constitutional responsibility to exercise scrutiny of that expenditure. [More…]
It is the opinion of Estimates Committee F, as expressed in its report to this Committee, that the Senate should consider expanding the role of Estimates Committees to enable them to fulfil their constitutional duty. [More…]
I am afraid that on examining certain aspects not only of this edition but also of previous editions- but the last edition in particular- I find that in fact the book extends beyond what one could expect to see in a manual where it incorporates a personal opinion or alternatively a dogmatic assertion about matters of high constitutional debate presently in train in the community. [More…]
Rather than the fifth edition being seen as I believe it should be, it is being seen as simply another contribution to the debate on the great constitutional question which arose on this day last year. [More…]
The Senate would also be aware of the very great constitutional problems that are presented to a national government in achieving its purposewhether it be a purpose of covering the whole field in the way in which the Labor Government attempted to do it or whether a national government decided to achieve a more limited purpose such as, for argument’s sake, the regulation of the securities industry alone without a full national Companies Act. [More…]
Whichever way a national government wished to move in this area there would be very great constitutional difficulties. [More…]
As the concept of a Superior Court was developed by the Labor Government from the original proposal by Sir Garfield Barwick, it was found to involve many technical constitutional difficulties. [More…]
Needless to say, the course of constitutional development for the Northern Territory may eventually require that the Supreme Court of that Territory have its own internal system of appeals and the Government recognises this. [More…]
The Court now proposed will not, as would previous Bills to establish a Superior Court that have been introduced into the Parliament, perform judicial functions that can better be performed by State courts or create jurisdictional problems of a kind that might delight constitutional lawyers but only add to the hazards of litigation for the parties concerned. [More…]
The constitutional requirement, that a Judge may be removed from office only by the Governor-General on an address from both Houses of Parliament in the same session praying for his removal on the ground of proved misbehaviour or incapacity, is contained in clause 6 of the Bill. [More…]
The Judiciary Amendment Bill, together with a number of other measures to be introduced separately will give to the State Courts new jurisdiction in constitutional matters and in tax and industrial property. [More…]
The High Court itself will be better able to concentrate on its role as a constitutional court and the final appellate court in Australia. [More…]
The High Court occupies a position of special importance under our constitutional framework. [More…]
It is vital to the working of the High Court that it should be left free to concentrate on constitutional issues and on the fundamental issues of law that come before it in the exercise of its appellate jurisdiction. [More…]
The High Court is empowered to order the removal into the High Court from a State court of any proceedings involving constitutional issues. [More…]
Where a constitutional issue before a State court involves an inter se question, it is automatically removed into the High Court. [More…]
An inter se question is one involving the mutual limits of the constitutional power of the Commonwealth and the States. [More…]
This provision was inserted in 1907 to prevent the Privy Council from dealing with constitutional questions of an inter se character. [More…]
Appeals in constitutional matters can no longer be taken directly from State courts to the Privy Council. [More…]
Because section 40A operates automatically in cases involving inter se questions it can cause inconvenience and sometimes can cause insignificant constitutional and other questions to be sent to the High Court. [More…]
The provisions for removal of constitutional issues to the High Court by order of the High Court are to be extended to federal and Territory courts as well as State courts. [More…]
The AttorneyGeneral of the Commonwealth and the States are to be given a right to intervene in proceedings in all courts involving constitutional issues. [More…]
A new provision is to be inserted requiring notice to be given to the Attorney-General of the Commonwealth and of the State in which the proceedings are instituted in the case of proceedings involving constitutional issues in courts other than the High Court. [More…]
The existing provisions forbidding State courts from dealings with inter se questions have operated to prevent State courts from making a substantial contribution to the interpretation of the Constitution, since most constitutional issues involve inter se questions. [More…]
The Neilson Government has the sole constitutional right and responsibility for the institutions within Tasmania. [More…]
The Commonwealth Government has limited constitutional power in this area. [More…]
We have a wealth of information available to us in Australia from the reports of the Woodhouse Committee and the Senate Standing Committee on Constitutional and [More…]
The Bill subsequently was referred by the Senate to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
We have heard absolutely nothing from the Government on this question, despite the fact that we still provide inadequate social welfare in this field- it is a field of social welfare- but it has apparently relied on constitutional difficulties which, at least according to some constitutional lawyers, are more imagined than real; on the alleged disagreements with the States; and on what I think to the Government would be most important, the opposition of those insurance companies which believe that at some stage the Government may bail them out and see that they are able to carry on lucrative businesses out of working people’s misfortunes. [More…]
Whilst it may have been glossed across by Senator Wheeldon that there were constitutional difficulties in the national compensation scheme which was introduced, this in no way is an established fact to the degree that may have been pretended, that the scheme that was introduced could have been implemented in all its facets. [More…]
If this Bill is misused against the people of this country I shall certainly introduce a private members Bill and use every other constitutional means at my disposal to overturn it in 6 months’ time. [More…]
To facilitate the process of constitutional development in the Northern Territory, the Government has established an interdepartmental committee to advise it on the long term financial arrangements to apply to the Northern Territory and to examine and report on all the issues requiring decision between the Commonwealth and the Northern Territory Legislative Assembly. [More…]
Primarily, the matter is one for the higher education authorities in the Queensland State Government because, as the honourable senator will know, the primary constitutional responsibility for such colleges rests with the State governments. [More…]
In those circumstances, we support the Bill because we believe it is correct that the Australian Government, being responsible for exports, should take financial responsibility for its constitutional responsibility in relation to this matter. [More…]
It ill behoves those who believe that because we want to exercise our rightful and constitutional prerogative of adequately debating Bills and drawing attention to what we consider to be the deficiencies of the Government and its inability to comprehend the total picture. [More…]
The other problem with the Housing Corporation is the constitutional limitations of this Parliament in relation to housing. [More…]
The way in which the functions of the Corporation are set out in the Australian Housing Corporation Act reveals the very clear constitutional limitations of this Parliament in relation to housing. [More…]
The Court now proposed will not, as would previous Bills to establish a Superior Court that have been introduced into the Parliament, perform judicial functions that can better be performed by State courts or create jurisdictional problems of a kind that might delight constitutional lawyers but only add to the hazards of litigation for the parties concerned. [More…]
This man- a prominent lawyer and a former member of this Parliament- has been active in the past few months as a propagandist on behalf of the Government’s side of politics in respect of the constitutional events of last year and has made several quite vicious attacks upon the Whitlam Government. [More…]
The purpose of the Bill is to facilitate the transfer of Australian Public Service staff to the Northern Territory Public Service as a further step in the constitutional development of the Northern Territory. [More…]
It was confirmed by the report of the Joint Parliamentary Committee appointed to inquire into the constitutional development of the Northern Territory. [More…]
This BUI is an essential component of the new and expanded constitutional status that we are seeking to confer on the Northern Territory. [More…]
-I present 2 reports from the Standing Committee on Constitutional and Legal Affairs on its inquiry into: [More…]
The answer is that there is no constitutional authority to pay it to a single person, to an engaged couple or to two single persons. [More…]
There is no constitutional power for the Commonwealth to be involved in housing. [More…]
Under the previous Act the Government had the constitutional power to pay the grant to married people because it had constitutional rights to give benefits to families. [More…]
What constitutional authority has the Government to make home savings grants to single persons, as proposed in the statement submitted to the Senate? [More…]
The Attorney-General has advised that it would not be in accordance with practice to furnish legal opinion on the Commonwealth’s constitutional powers in answer to a question. [More…]
277), which provides a reasonable constitutional basis for the making of the grants by the Commonwealth. [More…]
I am wondering now whether this is one of those things which are done in the belief that there will never be any challenge to their constitutional validity. [More…]
This brings up a most serious question which concerns me: Is this Government much concerned with the constitutional position of its legislation? [More…]
So there would appear to be no legal support for the direction of the Government given in the hope that if a payment is made no one will challenge it and the Government will get away with something for which perhaps there is no constitutional power and which is not what Parliament intended when it enacted an Act of Parliament creating the benefit. [More…]
I think it falls far short of giving the constitutional power which the Government believed in 1964 it did not have. [More…]
Senator Cavanagh has raised a useful point, but my advice is that the Government is satisfied that there is a constitutional head of power to do this. [More…]
The Federal Government has failed to accept its full constitutional responsibility, which it gained as a result of the 1967 referendum on Aboriginal rights, to regulate and administer all matters affecting Aboriginal people. [More…]
I remind the Senate that the Northern Territory is commencing a new era of constitutional development. [More…]
It is an exercise of the Commonwealth’s constitutional powers and its responsibility to make special laws for the Aboriginal and Torres Strait Islander people where a need is seen for that to be done. [More…]
It is an exercising of the Commonwealth’s constitutional powers and responsibility to make special laws for the Aborigines and Torres Strait Islanders where a need is seen for that. [More…]
I sound a note of warning that if this amendment is not accepted it will be possible that where a motion to disapprove a proclamation is moved such a motion may remain on the notice paper for the required fifteen sitting days and not come before either House for debate, but the amendment ensures that when such proclamations are made they will remain subject to full parliamentary scrutiny and debate thus fulfilling the constitutional requirements given to this Parliament in 1967. [More…]
The result was that, although the Senate would not reconsider its previous decision, the then Senator Murphy moved a motion to make the Ordinance an Act for 6 months- I think, so that it could be considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That Committee is to be commended for the work it did in producing its report on constitutional development in the Northern Territory. [More…]
Universities and colleges established in the States are established under a State constitutional power. [More…]
That is a constitutional power which the Governor-General has. [More…]
There is a constitutional link between the Labor Party and its parliamentary members. [More…]
We all know the extremely difficult and complicated constitutional position which arises in this regard. [More…]
We believe that, with the constitutional position as it is, the matter can be properly resolved only by joint legislation between the Commonwealth and the States. [More…]
Although I know that honourable senators and many other people may well become impatient about these matters -Senator Georges certainly seems to be in that state at the moment- it is the Government’s view that it is far better to bring forward a scheme which has constitutional force and effect than to bring forward some half-baked effort like that which the previous Government, of which Senator Georges was a supporter, brought in and which Senator Georges and others who served on the Select Committee know would very likely have been shot down in pieces in the High Court. [More…]
In the first place, the Court looked at the constitutional provision in section 24, namely, that the number of members to be chosen in the several States shall be determined ‘whenever necessary’. [More…]
The Government believes that the procedures which I have outlined meet the constitutional requirements as interpreted by the High Court in its McKinlay judgment. [More…]
The Court held that the pre- 1964 provisions which reflected the constitutional position were the operative ones. [More…]
The question of constitutional rules applicable to that occasion therefore, I think, is of prime importance. [More…]
I resume the debate on this motion which relates to a report presented unanimously, by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The second matter which was referred to the Committee for consideration and report to the Senate was the means by which the constitutional rights of the Senate to amend proposed laws appropriating revenue or moneys for expenditure on matters other than the ordinary annual services of the Government should be preserved. [More…]
To reaffirm its constitutional right to amend proposed laws appropriating revenue or moneys for expenditure on all matters not involving the ordinary annual services of the Government. [More…]
This compact is sanctified- I suppose that is the best word- in the correspondence referred to by Senator Missen who, on behalf of the Senate Standing Committee on Constitutional and Legal Affairs, of which he is chairman, wrote to the Treasurer (Mr Lynch) on 8 April 1976 regarding this matter. [More…]
But I feel that the Senate Standing Commitee on Constitutional and Legal Affairs has done a useful purpose in recording confirmation of the 1965 compact and recalling the contention that went before that. [More…]
To reaffirm its constitutional right to amend proposed laws appropriating revenue or moneys for expenditure on all matters not involving the ordinary annual services of the Government. [More…]
All these proposals stem from the Hobart meeting of the Australian Constitutional Convention. [More…]
The proceedings at Hobart have given the Government some basis upon which to determine what proposals for constitutional reform have a real likelihood of being approved by the electors. [More…]
If the relevant constitutional requirements are not changed there could be as many as four elections from 1978 to 1981 and as many as 14 elections over the 20 year period from 1 96 1 to 1 98 1 . [More…]
The proposal is in accord with a unanimous recommendation that was made by the Joint Parliamentary Committee on Constitutional Review in its 1958 and 1959 reports. [More…]
It is one, moreover, for which substantial support was expressed from both sides of Australian politics at the Hobart meeting of the Australian Constitutional Convention held in October last year. [More…]
These were brought to attention by the Joint Parliamentary Committee on Constitutional Review in its 1959 report. [More…]
More recently they have been under consideration by Standing Committee ‘D’ of the Australian Constitutional Convention which noted that they would be cured by the simultaneous elections proposal. [More…]
The following resolution was adopted at the Hobart meeting of the Australian Constitutional Convention: [More…]
But the present constitutional requirements precluded similar provisions being included in relation to Judges appointed to the Family Court of Australia. [More…]
The amendment provided for in this Bill is in accordance with recommendations made in October last year by the Senate Standing Committee on Constitutional and Legal Affairs and by the Hobart meeting of the Australian Constitutional Convention. [More…]
The Committee considered that the Constitution itself should provide that High Court Justices be required to retire on reaching the age of seventy years and that Parliament should be empowered to fix the maximum retirement ages of other Federal Judges subject to a constitutional limit of seventy years. [More…]
The Constitutional Convention, by an overwhelming majority, adopted the Senate Committee’s recommendation in its own resolution. [More…]
There are three important safeguards embodied in the present proposal, all of which were contained in the recommendations of the Senate Committee and the Constitutional Convention. [More…]
As I have indicated, the Senate Standing Committee on Constitutional and Legal Affairs and the Hobart meeting of the Australian Constitutional Convention have recommended this proposal. [More…]
The proposal to give electors in the Australian Capital Territory and the Northern Territory a vote in constitutional referendums was also the first item on the agenda of the meeting of the Australian Constitutional Convention in Hobart last year and was overwhelmingly endorsed by that Convention. [More…]
It may come as a surprise to many Australians that electors who are resident in the Territories are not at present entitled to vote in constitutional referendums. [More…]
But now that these Territories are rapidly growing communities with representation in both Houses of the Federal Parliament there is no sound reason to exclude them from participating in the process of constitutional reform. [More…]
The indications from the Hobart meeting of the Australian Constitutional Convention are that the proposal that Territory electors should be given a vote in referendums has overwhelming support. [More…]
If those Bills should be completed quickly tomorrow we will certainly broadcast the debate on the constitutional Bills and then they can be further debated on Thursday. [More…]
The Government announced on 17 December 1976 that it intends to continue to accept responsibility for maintaining Norfolk Island as a viable community and that its constitutional relationship with Australia would remain that of a Territory of the Commonwealth of Australia. [More…]
Those who have planned this exercise have taken the precaution of putting on notice the responsibilities that accrue to this chamber under the Standing Orders and under a contingent notice of motion that standing order 242 should be suspended in order to speed up the processes by which the constitutional amending Bill can be forced through the Senate. [More…]
The Government, manifestly and I assume in conjunction with the Opposition, already has a scheme, that is, that no impediment is to be placed before this Senate, whose position is being placed in jeopardy in a constitutional sense, by allowing the means by which the Senate can defend itself to be used. [More…]
It had its genesis in the debates in the Constitutional Convention prior to Federation. [More…]
Honourable Senators might say that the public had an opportunity at the Constitutional Convention, but the ordinary public, the rank and file of the Australian community, did not have a chance even to be present at the Constitutional Convention. [More…]
Also, not all viewpoints of this Parliament were represented at that Constitutional Convention. [More…]
It was for all those reasons that the Senate in its original wisdom said that in this chamber, following the second reading of a constitutional alteration Bill that honourable senators perhaps supported and voted for, there would be a 3-week delay before the third reading was taken. [More…]
It is trying to deny the people of Australia an opportunity to engage in discussions on the formulation of constitutional amendment proposals. [More…]
This is nonsense because we know that these proposals in the main and with one excellent exception which the Government has improved on have been formulated and discussed over a period of years by a constitutional convention. [More…]
242 is one which was very suitable in the horse and buggy days, in the period in which honourable senators had to be called from far away when a constitutional amendment was being considered. [More…]
I am obliged to say that to my knowledge, prior to the Constitutional Convention of last October, there was no consultation as such on this issue of this Parliament. [More…]
I support what Senator Martin said with respect to the matters discussed by the Australian Constitutional Convention in Hobart. [More…]
My view is that when we are discussing matters that have been referred to us by the Constitutional Convention it is fair to suggest that before substantive propositions are put before the Parliament, those propositions ought to be subjected to consideration by a subcommittee of the Constitutional Convention. [More…]
I would have thought that the Government would have mentioned to the Opposition that it intended to jettison those proposals and then to proceed with the debate on these constitutional matters tomorrow. [More…]
It would cut out the constitutional independence of the Senate and open the way for progressive reduction of its powers. [More…]
The innocent abroad, the elector who is expected to cast an intelligent vote in relation to these matters and to differentiate between what he wants and what he does not want by way of constitutional change, would expect to find any provision in relation to casual vacancies in the Senate in a Bill entitled Constitution Alteration (Senate Casual Vacancies) Bill 1977. [More…]
So far as we on the Opposition side are concerned, we have supported the proposals contained in this Bill consistently in the 3 Constitutional Conventions which have been held in the last 4 years. [More…]
The reality of this proposal is that when it is passed, if it is passed, the Senate will more truly reflect the people’s wishes than it has even done before, except when as Senator Wright quite correctly pointed out in his dissenting view to the Constitutional Review Committee of 1959, that up to that time there had been very few occasions when Senate elections and House of Representatives elections were held separately. [More…]
There will be no doubt about that because we believe in constitutional change, not just for its own sake but because of the experience of this Parliament and the experience which the government of Australia has had at the hands of the Senate. [More…]
I consider that it is a somewhat phoney proposition that because of Senator Harradine ‘s false rhetoric in this matter the people should have a say in the drafting of the constitutional amendment proposals. [More…]
In the whole of Australia the percentage voting in favour of the Constitutional Alteration (Simultaneous Elections) Bill was 48.3. [More…]
It is in relation to constitutional reform. [More…]
I am confident that its forces will carry through the Senate and that it will carry with other constitutional referendums through the poll which will take place on 21 May. [More…]
We may well be seeing a new era where constitutional alterations that have gone through the vetting of a constitutional convention, come to the Parliament and then gone to the people will be treated by the people in a new way- not the way to be found in previous dealings with constitutional amendment when fog, fears and so forth have overwhelmed them. [More…]
In this debate I must speak only to the general matter in the simultaneous elections Bill and not to the other Constitutional Alteration Bills which I also support enthusiastically. [More…]
The Australian Heritage Commission Act 1975 does not diminish the sole authority of the Queensland Government to direct and control the management of State-owned land when that authority is exercised within the constitutional responsibilities of the State. [More…]
In the first place, the Court looked at the constitutional provision in section 24, namely, that the number of members to be chosen in the several States shall be determined ‘whenever necessary’. [More…]
Whilst I think there is general acceptance in the Parliament of what might be called the theoretical proposition of one vote one value, there must be a recognition that in the Australian Federation, with the Tasmanian constitutional entitlement to 5 seats and with the Territorial representation, the proposition of one man one vote in this community is mathematically impossible to achieve. [More…]
In fact they have had the endorsement in all essence of a Constitutional Convention and were considered there in recent times. [More…]
The four questions being put to us in May were endorsed by the majority of delegates at the Hobart Constitutional Convention. [More…]
Another fundamental reason why these referenda propositions, now contained in this Bill in particular, should be accepted is that, as I have already said, they have had the substantial endorsement of, and have been discussed at length by, the Constitutional Convention, which has been meeting off and on over the last few years. [More…]
I feel therefore that it is terribly important that these proposals, which received the overwhelming endorsement of the Constitutional Convention last November, should succeed and show that we in Australia can go through a rational process of discussing constitutional reform. [More…]
I make the forecast that the result of these propositions will be that we will get a new approach to constitutional reform. [More…]
Unfortunately this has been the process of constitutional reform in this century. [More…]
Far from this being something which can be turned against politicians by saying that we do not want more of them so we should vote against the proposal, I think the Australian people will be ready to say that we have had over the years too many elections and too often and that situation will be solved by the proposed constitutional amendment. [More…]
I believe that the sorry history of reform which we have had over the years could well be changed by this series of constitutional amendments. [More…]
What is terribly important to us is that these referendum proposals are the first that emerged from the Constitutional Convention. [More…]
But all the proposals were discussed and dealt with in that Convention and they are therefore the products of a rational consideration of constitutional reform. [More…]
Leaving that major argument which applies to every one of the constitutional amendments I turn to the matter of simultaneous elections. [More…]
We know also that if we proceed without the acceptance of this constitutional amendment we will have about 14 national elections between 1961 and 1981. [More…]
A constitutional amendment in relation to simultaneous elections will ensure that elections for the 2 Houses are brought together, and we can have at such elections a full national debate on issues. [More…]
I think the people of Australia are becoming more accustomed to constitutional debate. [More…]
I move from that question of the benefits involved to point out that the argument of constructive government which I present under this oil arrangement is one which has been debated before particularly by the Joint Committee on Constitutional Review in 1959. [More…]
I quote extracts from the 1959 report of the Constitutional Review Committee. [More…]
I do not believe in the arguments which we have heard, which we will hear and which I have heard around the Senate already that somehow a government, under this constitutional proposal, will rush to another election immediately after an election in order to bring out a hostile Senate. [More…]
For these reasons and trusting that the ideas of the constitutional conventions will meet with the favour of the Senate and the people, I support the Bill with all my heart. [More…]
The program provides, in any event, that after disposal of the first 2 Bills on the notice paper today, namely, the Customs Tariff Validation Bill and the Defence Force (Retirement and Death Benefits Amendments) Bill, the 4 constitutional Bills will be disposed of not later than 5 p.m. tomorrow. [More…]
That requires, therefore, a short reflection upon what is the constitutional structure of this chamber. [More…]
I find in the second reading speech of the Bill the words of Mr Ellicott and Senator Durack stating that this legislation represents the unanimous view of the most formidable committee that has ever sat to consider constitutional revision in the 76 years of Federation. [More…]
Let me say at once that in my opposition to this proposal in the Constitutional Review Committee, I made it plain- I circulated the text of my remarks to honourable senators 2 days ago- I have no objection to simultaneous elections as such; what I have objection to is using that rather superficially attractive expression to induce people to adopt a Bill, when the real effect of it ls to undermine the powers and give the go-by to section 57. [More…]
It was because of that power that there has been such unanimity and sustained advocacy on the part of Labor ever since the Constitutional Committee of 1959- it continued through the term of the Whitlam Government and now in to this debate- for the abolition of the Senate. [More…]
I stated so in the 195 8 report of the Joint Parliamentary Committee of Constitutional Review, saying that - [More…]
Although 1 1 members of the Constitutional Review Committee advocated a measure such as this in 1959- an advocacy from which I dissented- Menzies had sufficient prudence not to bring in a measure which would have undermined the Senate even at that stage. [More…]
Some people say that we should be able to lead public opinion but we also ought to reflect public opinion, and public opinion was declared very firmly in the constitutional referendum of May 1 974. [More…]
would cut out the constitutional independence of the Senate and open the way for progressive reduction of its powers. [More…]
I think another honourable senator said that there has been a Constitutional Convention. [More…]
Good lord, so Constitutional Conventions change immutable principles! [More…]
Who attended that Constitutional Convention? [More…]
Need I read out what was said by the Australian Labor Party and the Government about the Constitutional Convention and its worthlessness? [More…]
We all know that not every opinion represented in the Parliament was represented at the Constitutional Convention. [More…]
Certainly, the rank and file of the Australian community was not represented at the Constitutional Convention. [More…]
As occurs with all attempts in this and other countries to bring in sensible reform, whether it is legal, constitutional or social reform, there is always opposition. [More…]
Constitutional reform in this country is always difficult because of the methods that we must use to seek to change the Constitution and because people like those gentlemen who opposed the nexus referendum a few years ago can confuse the public with simplistic and dishonest arguments as were used then. [More…]
I believe that Australia needs protection not from sensible constitutional reform but from the unthinking conservatism which opposes every form of constitutional reform, social reform or other type of reform that is ever put up in this country. [More…]
I rise to support this Bill, which is one of four that relate to proposals to be submitted to the Australian electorate by way of referendum for constitutional reform. [More…]
The vital difference is that all the Senate is doing with this legislation is allowing the people of Australia to have the opportunity to pass judgment on proposed constitutional amendments. [More…]
The Government has been influenced in its decision by the widespread support accorded to these 4 proposals at the Australian Constitutional Convention held in Hobart towards the end of last year. [More…]
He went to the people with a referendum before holding a constitutional convention. [More…]
We all know that the recent history of constitutional conventions shows that in their early days they were not accepted by the people but I do not think anyone can deny that that is not the case today. [More…]
I was sorry to hear Senator Harradine denigrating the Constitutional Convention held in Hobart last year. [More…]
You can call them socialist and anti-socialists if you like but there was strong support at that Constitutional Convention, on both sides of the political spectrum, for this proposal and the other three proposals. [More…]
It is fair to say, in this context, that when we are looking at questions of constitutional reform they ought to be above party politics. [More…]
The Constitutional Convention of 1975 will be a hallmark in the history of Australia. [More…]
There is great need for constitutional reform in a number of areas and hopefully this will be one of the first instalments. [More…]
However, if we look to the future and see what the present constitutional provision could require if there is no amendment to it we find that there could be as many as 4 elections between 1978 and 198 1 and as many as 14 elections in the 20-year period from 1961 to 1981. [More…]
I know that many people did, and certainly the Joint Committee on Constitutional Review looked at this question before 1961. [More…]
Let us look at what the 1958 Joint Committee on Constitutional Review said about having too many elections for the House of Representatives and the Senate out of line. [More…]
In speaking to the Constitutional Alteration (Simultaneous Elections) Bill- the one we are considering at present- I first wish to add strongly and emphatically opposition to the manner in which these Bills came before this House. [More…]
In common with all other honourable senators I assume, my first intimation of the existence of these Bills was last Tuesday on an aircraft when I picked up a newspaper and read that these constitutional alteration Bills were to be brought in. [More…]
I quote the Hansard record of the debate on the constitutional alteration legislation. [More…]
I remember sitting on Committee D of the Constitutional Convention. [More…]
However tainted the Government’s motives might be in introducing this Constitution Alteration (Simultaneous Elections) Bill- terms such as political expediency, deceit, cynicism and hypocrisy, among others, have been thrown around by members of the Liberal Party of Australia and in my view the motive is quite clearly and incontestably the desire of the Prime Minister (Mr Malcolm Fraser) to protect half of his senators from the wrath of the electorate 12 months hence- the Bill provides an opportunity for significant constitutional reform. [More…]
We are arguing whether a decision made at the Constitutional Convention should go to the people. [More…]
Whatever we may say about the Constitutional Convention and however many of us may like or dislike it, the fact is that the Federal Government, all State governments and local governments are represented on that body. [More…]
I had hoped that they would scrap the Constitutional Convention. [More…]
As the Federal Government is really the only instrumentality that can implement the decisions of the Constitutional Convention we have a responsibility to act on its behalf. [More…]
Under the existing constitutional provisions it is possible theoretically for elections for both Houses of Parliament to be synchronised by holding elections for the House of Representatives whenever half Senate elections are due. [More…]
But it should be pointed out at the same time that this amendment is in accord with the unanimous recommendation made by the Joint Parliamentary Committee on Constitutional Review in its 19S8 and 1939 reports. [More…]
In addition, as has been mentioned, a great deal of support was expressed from all parties at the Austraiian Constitutional Convention held in October 1976 in Hobart. [More…]
All the Government proposes to do is to carry out an instruction from the Constitutional Convention to see whether the people are interested in changing the ground rules. [More…]
I presume that it was the Constitutional Convention which suggested that the referendum be placed before the Australian people; it was not the Australian Prime Minister. [More…]
The other reason why I am in favour of this Bill is that it reflects the clear indication of the Constitutional Convention that this proposition, having been agreed to in large measure by that Convention, should be put to the people. [More…]
-In rising to speak tonight I find myself in complete opposition to the Constitutional Alteration (Simultaneous Elections) Bill before the Senate. [More…]
The Constitutional Convention had only just been convened. [More…]
Subsequently the Constitutional Convention had many meetings. [More…]
It is these 4 proposals for constitutional reform which the Government is now putting to the people. [More…]
We all are well aware that for some years there has been talk of constitutional reform. [More…]
Various intellectuals, academics and political commentators, and, in particular the Australian Labor Party, have been trying to achieve constitutional reform. [More…]
I do not call that constitutional reform; I call that revolution. [More…]
This view is taken in the light of the decisions of the last Australian Constitutional Convention. [More…]
If the honourable member for Diamond Valley had cared I would have been only too prepared to have allowed him to have incorporated in Hansard not only those significant passages from the 1958 report of the Constitutional Review Committee but also the reservations that were expressed by Senator Wright. [More…]
I regret that I am no constitutional lawyer, as are some of my predecessors in this debate. [More…]
I recognise, however, that the executive Government, the Opposition, the Constitutional Convention and the States believe that the proposition should go ahead. [More…]
But in relation to this Bill, we see a Liberal Government almost ambushing the Parliament and rushing the Bill through on the shallow pretext that it was considered and found to be necessary by the Constitutional Convention which okayed such reforms. [More…]
If honourable senators refer to the constitutional debates back in the late 1800s they will find that that is true. [More…]
It means that necessary constitutional change, real reform, in this country is being put in jeopardy as a result of the action being taken apparently by a majority in this chamber today. [More…]
There are important questions of constitutional reform. [More…]
If they had kept any record or paid any account to the proceedings of the Australian Constitutional Convention, they would have been aware that as long ago as 28 October 1976 there was a recommendation from that Convention that this Bill, in the form it now holds, should be brought forward. [More…]
If we all are to be men of absolute consistency it seems to me that we will never make progress with constitutional change and reform. [More…]
In the past constitutional change has been a politically devisive issue in Australia. [More…]
The whole concept of the Constitutional Convention has been to try to bring the warring parties together around the conference table so that they can agree on desirable changes to the Constitution. [More…]
In the report of the Joint Committee on Constitutional Review which is now quite an old document I found a good explanation of why too many elections should not be held. [More…]
I join with the majority view of the Joint Committee on Constitutional Review. [More…]
I remind honourable senators that in 1974 this referendum was put forward before there was any talk of a Constitutional Convention and before the States and the Commonwealth came together to try to devise solutions. [More…]
We put this forward as something which has come not just from this Government but from the Constitutional Convention which, I understand, has the support of every parliament in the Commonwealth and which has met seeking to bring us together to update the Constitution. [More…]
He was speaking of Mr Whitlam: is moving step by step to remove first one and then the other constitutional objections hoping that the people will not see his real object until it is too late. [More…]
The fact that the Australian Constitutional Convention did not meet in 1974 is quite irrelevant. [More…]
There had been a recommendation as far back as 1958 by the Joint Parliamentary Committee on Constitutional Review on the need for this legislation to be carried. [More…]
The Government has brought forward this proposal for constitutional reform along with three other proposals that the Senate will be debating subsequently. [More…]
The sovereign power comes from the people themselves and it will be the people themselves who will decide the fate of the proposals for constitutional change that are contained in this Bill and the other Bills in the package before the Senate, as they have done on other occasions when there have been proposals for constitutional reform. [More…]
This proposal for a referendum concerning amendment of the Constitution arises out of the Australian Constitutional Convention and the deliberations of that Convention at the end of October of last year. [More…]
A number of speakers in the debate have emphasised the need for constitutional review and reform. [More…]
Indeed, the only real measures of constitutional reform that hitherto have been feasible have stemmed largely from the interpretations of the High Court of Australia, which, of course, is not subject to the will of the people. [More…]
Therefore the movement for constitutional reform has been a most important one. [More…]
The Constitutional Convention, which was established in 1973 and which proceeded through to the end of 1976, will continue to proceed because it was decided in 1976, as a result of progress made in Hobart, that it would meet again in Perth at the end of 1977, and there is every hope that it will do so. [More…]
But if the Constitutional Convention is to have any prospects for the future and any credibility with the people of Australia- the electors who ultimately will decide these matters- it must be seen to be having some practical effects and not simply to be a talking shop wherein the politicians of Australia gather from time to time. [More…]
That is the fundamental fact about the constitutional structure of the Senate. [More…]
In my view and in the view of the Government which I was expressing, the power of the Senate to which I am utterly devoted and which I will always support will reside, firstly, in that constitutional guarantee of equal representation. [More…]
The point, Mr Minister, is that when we bring in those shortened terms for honourable senators which coincide entirely with the terms of honourable members of the House of Representatives, when we remember one ‘s experience here from 1975 or such a brief period as that or remember the whimsical reaction of Mr Whitlam, when we rely upon constitutional experience throughout the democratic world in the last 25 years and when we remember the quotations which were given by Senator Martin and myself - [More…]
It refers to constitutional alteration. [More…]
Has the Minister considered the recommendation of the Joint Committee on Constitutional Review which reported in 1959 unanimously in favour of legislation to give the Commonwealth power over corporations, untrammelled by the limitations in the present Commonwealth power, which would enable a uniform companies Act and Federal legislation effectively controlling the securities industry? [More…]
What is the attitude of the Government to that proposal for constitutional reform? [More…]
The Joint Committee on Constitutional Review reported in 1958 and 1959. [More…]
-My question is directed to the Minister for Administrative Services, calling upon his responsibility for the administration of the Representation Act which provides for the members of Parliament who are entitled to join in a No case on a constitutional referendum. [More…]
Can the Minister representing the Attorney-General inform the chamber of the progress of the 2 consumer protection ordinances for the Australian Capital Territory, the Manufacturers Warranties Ordinance and the Misrepresentation Ordinance, on which the Senate Standing Committee on Constitutional and Legal Affairs reported to the Senate in December 1976? [More…]
I go back to the 1973 Australian Constitutional Convention and the speech at that Convention by Senator Ivor Greenwood, the then shadow AttorneyGeneral, the then Opposition or Liberal and Country Party spokesman on matters to do with the law. [More…]
To synchronise the elections so that they would both take place on the one day-to compel that course of action by constitutional amendment, would be to weaken the effectiveness of the Senate because there would be a tendency for the Senate and the Senate’s interests to be submerged . [More…]
At the Australian Constitutional Convention in Melbourne in September 1975 the report of the committee on the synchronisation of elections for the Senate and the House of Representatives said as follows: [More…]
In 1976 the most disgraceful performance, to the eternal disgrace of the concept of a Constitutional Convention, took place. [More…]
In looking at the Constitutional Convention, to be most generous, approximately 1600 words were spoken in relation to the whole of the matter, other than the question of casual vacancies and the question of who should issue the writs. [More…]
It was never considered by a committee and quite clearly it was never considered by the Constitutional Convention in 1976, other than on the most superficial basis. [More…]
I wish to intervene to deal with the very extravagant attack on the Constitutional Convention discussion which has just been made by Senator Rae. [More…]
I then waited to hear what he was going to say about the 1976 Constitutional Convention proposal. [More…]
It has been made quite clear that the person who decides within the constitutional period of 3 years when a House of Representatives election shall occur is the Prime Minister. [More…]
Both constitutional writers and practice indicate that there is no real limit upon that man’s judgment to require a dissolution of the House. [More…]
He said he supported the clause because the Constitutional Convention had endorsed it. [More…]
If the reason for us to support this particular clause of the Bill is that the Constitutional Convention endorsed it- [More…]
The first thing that Senator Missen said in this debate was that all of these wise men sat down at the Constitutional Convention and carried this proposition. [More…]
That is what the Constitutional Convention decided to do. [More…]
Senator Harradine says that the only reason given by the Government is that the amendment is not in accordance with the decision of the Constitutional Convention. [More…]
That indicates a fundamental lack of appreciation of the constitutional safeguard of section 57 which provides that if the House of Representatives sends to the Senate a Bill which fails to pass and after an interval of 3 months the Bill comes again from the House of Representatives and we again fail to pass it, then, and then only, there may be a dissolution of the Senate, accompanied by a simultaneous dissolution of the House of Representatives. [More…]
One example was given by the Joint Committee on Constitutional Review in 1959 in paragraph 238 of its report. [More…]
I am conscious of the fact that consideration is being given to this legislation today as a result of a determination by the Constitutional Convention at which representatives of the 3 tiers of government throughout Australia, irrespective of party affiliations, were present. [More…]
The Constitutional Convention debated this matter and, as I have said, took the view that the writs should be issued by the Governors of the States. [More…]
The Constitutional Convention did not discuss this proposal in any detail. [More…]
Numerous people who were at that Constitutional Convention had participated in debates on this matter in both of the Houses during those years. [More…]
Yet the only conclusion one can reach is that when the matter came on at the Constitutional Convention, by some strange form of osmosis there was a transmutation between the thoughts of the Australian Labor Party and the Liberal and National Country Party and there was no necessity for any debate whatever even to explain to anybody- for anybody even to raise a question- about all the things that had been put up in the preceding 3 years. [More…]
I should like to hear some debate on that real issue instead of some statements saying that the Constitutional Convention said something ought to be done. [More…]
The Constitutional Convention did not debate it, its committee did not consider it and- [More…]
I put up arguments other than that the Constitutional Convention had agreed to this proposal. [More…]
Yet we are treated to this load of- this argument as being only one of the reasons along with the changed circumstance of the Constitutional Convention having considered it. [More…]
I would have liked the Constitutional Convention to have a proper debate about these matters, these real issues, that are raised here. [More…]
Had a committee of the Constitutional Convention discussed this matter, considered it properly and come up with a reasoned view we may have had some basis upon which we could consider it. [More…]
At the moment all we are given is this totally superficial reason of cost and convenience and the fact that the Constitutional Convention discussed it. [More…]
We know that the Constitutional Convention did not discuss it all. [More…]
Anyone who looks at the transcript of the Constitutional Convention will see perfectly clearly that the matter was never given any consideration by that body. [More…]
Only a person infantile in the constitutional interpretation of this Federation could put it forward. [More…]
Compressing myself to the utmost brevity, the last thing is that Senator Steele Hall sits down with the false misrepresentation of the motives, purposes and arguments of us who oppose these constitutional alterations, saying that we are seeking lifetime appointments. [More…]
We know that at the Constitutional Convention considerable time was available to consider this matter and a definite recommendation was put. [More…]
The Bill in its present form is being put forward in accordance with the decision that was taken after consideration and debate by the Constitutional Convention. [More…]
In fact, I think that the lawyers have not been as prominent in this debate as people sometimes think they are in debates on constitutional matters. [More…]
Senator Harradine objected to the Senate being tied to a decision of the Constitutional Convention about which we have heard much detail from Senator Rae and others today and its validity has been challenged in a real way. [More…]
The reason he gives us for accepting the proposal is that the lawyers decided on it at the Constitutional Convention. [More…]
I agree with Senator Townley ‘s interjection that the issues will be put to the people but we do nothing for the status of the argument, the proposal, the referenda or the Parliament if we put any old issue just for the sake of it on the untenable grounds that the Minister has put to us in relation to the Constitutional Convention. [More…]
I support the view put by the late Senator Greenwood in moving for a committee consideration by the Constitutional Convention in 1973. [More…]
It was not considered or debated in detail in any way whatsoever at the Constitutional Convention in 1 976 or at any other time. [More…]
We will have a constitutional referendum to make sure you behave yourself in future’. [More…]
In wider terms one could say: ‘We should have a constitutional referendum to make sure that we behave ourselves in future’. [More…]
For us, it might be described as the ‘lest we forget ‘ constitutional referendum. [More…]
The fact of the matter is that it is in substance the provision which was approved of by the Constitutional Convention. [More…]
It is in substance the proposal which was approved of by the Joint Committee on Constitutional Review of 1959, although that Committee did not see the way in which it could be carried out. [More…]
I support very warmly this constitutional proposal. [More…]
Senator Button referred to a meeting of the Joint Committee on Constitutional Review in 1959. [More…]
This can be done now only by a constitutional referendum. [More…]
It is true that this matter was discussed by the Constitutional Convention last year. [More…]
The second part of the amendment, which is likewise most valuable and originates from the Constitutional Convention last year, is the provision that the person appointed to fill a vacancy shall not just fill it until the next election, when he may be thrown out and proportional representation would no longer apply in the State he represented, he will in fact now serve the balance of the term of the person who was elected originally. [More…]
We in the Liberal Party have worked on and developed this constitutional amendment. [More…]
In the debate on simultaneous elections we heard constant references to the Constitutional Convention. [More…]
We were told how important it was that we accept the view of the Constitutional Convention and that any argument advanced against anything recommended by the Constitutional Convention would be invalid. [More…]
The subject of this Bill has been before Committee D of the Constitutional Convention for a long time. [More…]
It came to the conclusion that the original Joint Committee on Constitutional Review on which Senator Wright sat was perfectly correct in saying that there was no possibility of getting a form of words which would meet this situation and put it beyond the risk of prejudice. [More…]
It so reported to the Constitutional Convention. [More…]
The Constitutional Convention discussed it briefly to see whether it was possible to put into the Constitution something which would enshrine the concept that it should be the function of those people responsible for filling casual vacancies to be obedient to the principle; but it confessed that it was totally beyond legal expression in any form. [More…]
This was agreed to by all the Government representatives who were at that Constitutional Convention and on Committee D. In Committee D it had the support of that eminent legal luminary who now sits in the High Court and once sat in the Senate; it was not possible to find an appropriate form of words. [More…]
The situation clearly is that the Government cannot look to the Constitutional Convention and say that it recommended that there be a referendum on this matter. [More…]
The Constitutional Convention simply stated a principle and expected that those people present, including those in State governments, would take that principle back and implement it. [More…]
It cannot be said that we should have known about it because the Constitutional Convention recommended that there should be an amendment to the Constitution. [More…]
Those who do care about the 1 975 incident should support any moves to have the deliberations of the Joint Committee on Constitutional Review in relation to casual vacancies investigated further. [More…]
I was a member of the Constitutional Review Committee which considered this subject in 1959 and reported unanimously that no formulation of words could be devised by draftsmen in the 3 years of the Committee’s consulations to give effect to this principle without invading fundamental principles which we have always held. [More…]
As no division has been called for, I draw attention to the constitutional requirement that this Bill must be passed by an absolute majority. [More…]
Has the Government received a report indicating that there will be serious legal and constitutional difficulties in implementing State income taxes and associated matters which are proposed under stage 2 of the Government’s federalism policy? [More…]
Secondly, I hope that the debate will be kept to the highest of levels consistent with consideration of constitutional change in the Senate of Australia. [More…]
It is well for us on occasions such as this to reflect that the remaining constitutional links with our mother country are embodied in the Crown, represented here this week by the Queen in person. [More…]
It is also well for us to remember that we have a form of government known as a constitutional monarchy. [More…]
In this day and age in which we live there are those among us- I hasten to say that I am not one of them- who espouse the cause of cutting the ties which link us with the British Crown and of establishing, in heu thereof, some form of republican government in this country by doing away with our role as a constitutional monarchy. [More…]
Senator Knight’s question raises matters of constitutional importance and they will be given careful consideration. [More…]
The people of Australia unfortunately have a long record of making many decisions on constitutional change in an atmosphere of confusion. [More…]
These arguments are a poor foundation in which to find something to replace the constitutional monarchy with something which I can only see in the public debate at the moment as being a vague republic. [More…]
The constitutional monarchy, the establishment of the Queen of Australia, provides the Australian nation with the best possible head of state system. [More…]
If any person would argue in favour of a constitutional monarch as head of state, all arguments must be placed with realism and, what is more, with contemporary, practical thought. [More…]
In the meantime, I believe that it would be unfortunate if I did not use this occasion to make one or two observations about the constitutional monarchy, the strength of the constitutional monarchy, what it stands for and what it means to us. [More…]
So we must ask ourselves: What is the significance of the monarchy in the constitutional setup of Australia? [More…]
We have gone a long way in the development of constitutional monarchy in the Australian scene. [More…]
’, his answer was that he really did not know whether it would be better or worse than a constitutional monarchy but he supposed we should try it. [More…]
The constitutional monarch in the Australian context stands as a symbol of unity and as a symbol of the strength of a family. [More…]
The monarchy as we see it in the constitutional circumstance is removed from high pressure politics and, consequently, it has an enormous amount to commend it over the sort of presidential circumstance which is totally associated with an emotional, political era, sense and atmosphere. [More…]
I believe that the constitutional monarchy as we have seen it develop through British countries and in Australia is something which we should be loath to forsake. [More…]
The purpose of this Bill, which is a simple machinery measure, is to ensure that there is no legal objection to using for this poll the same ballot-boxes and polling booths as will be used for the Constitutional referenda. [More…]
If it had agreed to constitutional referendums before we reached the worldwide economic recession, it may well have been that we would have had greater safeguards against the recession. [More…]
Another alibi is the failure of the Conciliation and Arbitration Commission to realise that its constitutional and legislative function is to settle industrial disputes, and its failure to realise that it is an arm of government economic policy. [More…]
I refer briefly to the constitutional development of the Northern Territory as it is set out in a report of this Parliament’s former Joint Committee on the Northern Territory. [More…]
The constitutional requirement that majorities of voters in four States must agree to any proposed constitutional change will not be affected by a ‘yes ‘ vote onMay21.TheStateswill still have the protection the Constitution guarantees them. [More…]
There is no question that debate ought to range over the most vital subject of what form of government there should be within Australia; whether it should have a constitutional monarch or whether it should be a republic. [More…]
I report to the Senate that I have received a letter from the Leader of the Government in the Senate nominating senators to be members of legislative and general purpose standing committees as follows: Constitutional and Legal Affairs- Senator Missen, Senator Chaney and Senator Rae; Education and the Arts- Senator Davidson, Senator Collard and Senator Martin; Foreign Affairs and DefenceSenator Sim, Senator Knight and Senator Scott; National Resources- Senator Thomas, Senator Maunsell and Senator Townley; Science and the Environment- Senator Jessop, Senator Bonner and Senator Townley; Social Welfare- Senator Baume, Senator Tehan and Senator Walters; [More…]
The adoption of a proposal for legislative uniformity which recognises that the States are not required to surrender or refer any constitutional power. [More…]
Such a dangerous law would vitally affect the parliamentary system; it would cut out the Constitutional independence of the Senate and open the way for progressive reduction of its powers. [More…]
Speaking about whether the proposed constitutional change would affect the Senate, in the statement the Leader of the Government in the Senate said: [More…]
I believe that in the 1974 case quite legitimate and good constitutional arguments were presented for the No case. [More…]
To hear him talk now you would think he always had been in favour of these constitutional alterations. [More…]
The only other matters I want to mention which were referred to in the Queen’s Speech relate to constitutional reform. [More…]
There were some differences of opinion in the Senate as is well known about the need for constitutional reform and the proposals which are being put forward. [More…]
I am already on the record as saying that I believe it is extremely important and we should to a great extent or as much as possible sink our normal political differences and try to achieve some constitutional change. [More…]
To some extent we are at the beginning or the end of constitutional reform in Australia. [More…]
We all know the history of constitutional change. [More…]
But now we have this system of having a Constitutional Convention at which people from all the States, from all the political parties and from the Commonwealth and all the political parties operating in that sphere can get together and, to the greatest extent possible, iron out their differences and arrive at agreements for constitutional reform. [More…]
An excellent report was produced which recommended a number of constitutional changes. [More…]
The prospects for constitutional reform if we fail this time must be dismal indeed. [More…]
I think that if we fail this time we will be left in a situation of holding constitutional conventions of questionable value and use. [More…]
We have a system of arriving at constitutional change which most of us would agree is unlikely to produce much constitutional change. [More…]
I would say that if we find that constitutional change is impossible, perhaps the one thing we ought to do is to examine what other means are available to us. [More…]
I would hope that those of us who believe in constitutional change can move together with maximum amiability, at least until 2 1 May 1977. [More…]
The serious constitutional issue in Australia is not any of the four that we are putting forward. [More…]
The serious constitutional question that we have to face is before sub-committee D of the Constitutional Convention and relates to the powers of this place. [More…]
If we had had an elected president during the time of the constitutional crisis, he would have had the power to do what Sir John Kerr did which was to dismiss us and send us to an election in the event that we could not agree to the carrying on of government by the granting of Supply. [More…]
But really we ought to be talking about the constitutional powers of the Senate and what ought to happen in the resolution of deadlocks. [More…]
I would say that with the smallest amount of goodwill it would be possible to agree around the Senate chamber with very few exceptions and it would be possible to obtain agreement out in the community that that very minimal change ought to be made in our constitutional structure so that the Senate is not insulated from the results of its actions. [More…]
If we are earnest in this matter of constitutional reform, there is one signal service that the Opposition and only the Opposition can provide. [More…]
That is a constitutional problem we have to face up to, find a solution to and if constitutional change is necessary we have to be prepared to go to the people. [More…]
This Bill introduces a modification to the legislation to enable a song to enter the minds of the electors and for them to determine at the same time as they determine the constitutional proposals which of the 4 songs or tunes is acceptable to the people. [More…]
I ask honourable senators, before they allow the discordance that has arisen from that disgruntled experience to override the matter we are dealing with, which is predominantly the national song or national tune, before they allow any disharmony to come into the debate arising out of sourness and disappointment, to reflect how consonant it is for serious constitutional questions to have to be discussed along with a national tune. [More…]
I am trying to examine how consonant it is that constitutional issues such as this should be considered at the same time as the selection of Waltzing Matilda, Advance Australia Fair or God Save the King. [More…]
In 1959 the Constitutional Review Committee accepted it as a principle and the Hobart meeting last October endorsed it as a principle. [More…]
That Committee denied that the matter was appropriate for a constitutional amendment. [More…]
A song is to be determined at the same time as a high matter of constitutional import relating to casual vacancies. [More…]
I am showing how incongruous it is that with such high principles of constitutional practice and provision we are to vote for a song and a put that question in as a pretext for saying that it is an egregious mistake to have a constitutional referendum costing $5m to $7m in this time of stringent economic hardship. [More…]
At this time we come in- I see Senator McLaren waves to the music- with the idea that we put a song forward as a pretext for that constitutional referendum. [More…]
Honourable senators will remember that when the Bill was before the Senate it was investigated by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I shall read from paragraph 34 of the report of the Constitutional and Legal Affairs Committee: [More…]
In regard to the judiciary, the Senate Standing Committee on Constitutional and Legal Affairs stated in its report: [More…]
Am I correct in understanding him to say that the Commonwealth has before it 2 different opinions in respect of the constitutional position of the States in respect of stage 2 of federalism and the collection of an income tax? [More…]
I inform the Senate that I have received a letter from the Leader of the Government (Senator Withers) notifying me that Senator Rae has indicated that he wishes to be discharged from further attendance upon the Standing Committee on Constitutional and Legal Affairs. [More…]
That Senator Rae be discharged from further service on the Standing Committee on Constitutional and Legal Affairs. [More…]
Senator Rae has decided that he will no longer sit as a member of the important Senate Standing Committee on Constitutional and Legal Affairs and his great legal mind will be lost in the consideration of the Committee’s business. [More…]
The Federal Government has constitutional responsibility over marketing and exports. [More…]
This commitment has been demonstrated in a wide range of reforms: The rapid advance to statehood of the Northern Territory, now underway; the granting of a greater degree of self-government for the Australian Capital Territory; active support for the participation in the Hobart Constitutional Convention; the decision to put to the electorate the 4 referendums on 2 1 May; our undertaking to introduce freedom of information legislation; and our fiscal policies of tax sharing and tax indexation which will render State governments and the Commonwealth government more accountable to the electorate. [More…]
The first one is: active support for and participation in the Hobart Constitutional Convention. [More…]
I was under the impression that both the Labor Party and the Liberal Party have consistently supported the various constitutional conventions. [More…]
The Liberal Party contributed to the Hobart Constitutional Convention and has contributed to such conventions for many years. [More…]
Today I asked a question of the Minister, as I think Senator Colston and Senator Walsh also did, in an effort to learn from the Government whether it understands the constitutional implications of the implementation of stage 2 of the new federalism. [More…]
Constitutional requirements in Japan must be met before the treaty can be ratified. [More…]
The adoption of a proposal for legislative uniformity which recognises that the States are not required to surrender or refer any constitutional power. [More…]
We find it extremely difficult to tear into the subject and obtain overnight solutions to situations, that involve deep rooted constitutional positions and, as Senator Georges would well appreciate, political stands that have been entrenched since the creation of Federation. [More…]
Possibly the matter should be referred to the appropriate Senate committee-the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I hope the Minister will adjourn this debate and refer the matter for consideration by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As a result of discussions that have taken place in the last few minutes I think we can come to an agreement to refer the clauses of the Bill to the Senate Standing Committee on Constitutional and Legal Affairs provided that a report can be obtained from that Committee as soon as possible. [More…]
We appreciate the suggestion made by the Minister to refer the Bill to the Senate Standing Committee on Constitutional and [More…]
We are prepared to agree to that now in order to obtain a report from the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That notwithstanding anything contained in the Standing Orders, the Clauses of the Crimes (Foreign Incursions and Recruitment) Bill 1977 be referred to the Senate Standing Committee on Constitutional and Legal Affairs for consideration and report to the Senate on or before 26 April 1 977. [More…]
1 ) That the following 4 matters be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report to the Senate: [More…]
Inside our constitutional practice whether it is written or unwritten- in this case in the situation in which we are involved it is unwritten- we have inherited a whole series of expressions of unwritten constitutional practices. [More…]
It is based on a fundamental constitutional theorem which exists in the English speaking world, whether it be in the United States of America or in Australia in 1977, and that is that in circumstances of peace the conduct of foreign affairs lies in the area of the prerogative power; it does not lie in the area of the parliamentary power. [More…]
So on the gravest of constitutional issues I oppose, first of all, setting up a special Senate select committee to look at an area of foreign affairs. [More…]
Is the Attorney-General aware of constitutional difficulties in the State of Queensland in determining replacements for retired senators under section 15 of the Constitution. [More…]
Will the Attorney-General agree that section 15 refers to a joint sitting of both Houses in appointing a replacement senator and as a consequence the Queensland State Parliament cannot meet this constitutional requirement. [More…]
They and they alone have the constitutional legislative power to implement legislation as to essential services. [More…]
-I present the report on the clauses of the Crimes (Foreign Incursions and Recruitment) Bill 1977 by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
This matter was referred to the Senate Standing Committee on Constitutional and Legal Affairs on 31 March 1977. [More…]
The Commonwealth Government continues to take the firearm problem very seriously and certainly will have to deal with any proven problems in the Territories where it has constitutional responsibility. [More…]
Is the Minister aware that delegates at the Hobart meeting agreed that it was impossible to find a form of words that would provide for all contingencies when filling a casual Senate vacancy, as did the 1958-59 Joint Committee on Constitutional Review? [More…]
Why did the Government proceed with this Bill in the knowledge that it did not conform with the spirit of the Constitutional Convention in Hobart? [More…]
The fact that the Joint Committee on Constitutional Review 1958-59 was unable to find a set of words sufficient to write into the Constitution is not a sufficient excuse to say that the present Government and the Parliament have not found a way. [More…]
The matter was canvassed in the debate on the Constitutional Alteration (Simultaneous Elections) Bill 1977 in this chamber. [More…]
My question to the Leader is this: In regard to the proposal for casual vacancies, did the subcommittee of the Hobart Constitutional Convention report that it was inappropriate to introduce into the Constitution as an amendment the principle of replacement from same parties? [More…]
that is to say, the principle of replacement from the same Party, as a political agreement, was acceptable but because of language difficulty it was not capable of being drafted to make it a constitutional provision. [More…]
I think it is also fair to say that at the Constitutional Convention, when my colleague Senator Durack was speaking to the motion, he indicated that the Commonwealth Government believed that it was possible to draft an amendment to be submitted to the people to put the principle in constitutional form. [More…]
But I point out that at that Convention it was flagged that the Government believed that the principle was capable of being drafted and put into constitutional form. [More…]
While talking about the Constitutional Convention in Hobart, I remind the honourable senator and anybody else who cares to take notice, that I was not the only person between the referendum in 1974 and the present time to change my mind about simultaneous elections. [More…]
So if I have changed my mind once and if I have done that, as Senator Sir Magnus Cormack said yesterday, by sitting on a penitent’s stool, I point out that I changed my mind after reflecting on the Constitutional Convention. [More…]
An offer having been made as to compensation, if the person concerned is dissatisfied he has the powers and the right- he has the constitutional right what is more- to apply to a court to have just terms determined. [More…]
I think it is fair to say, as I have said all along, that if Mr Aufferber is dissatisfied with the offerthat is all it is, an offer of compensation made by my Department on proper advice- he has his constitutional right to resort to the courts and have the matter properly determined. [More…]
I have been urging Mr Aufferber to exercise his constitutional rights. [More…]
This question raises a number of matters of detail and also some of considerable constitutional importance. [More…]
If that change to the Constitution can be made retrospective in relation to the appointment of a senator, why cannot a constitutional alteration have retrospectivity in relation to the present judges of the High Court of Australia? [More…]
The reason why the constitutional amendment so satisfactorily passed by the electorate in relation to the retiring ages of judges does not apply to the present members of the High Court is that it does not purport to do so. [More…]
The honourable senator asks whether the relevant constitutional amendment will apply to the period for which Senator Lewis has been appointed to the Senate. [More…]
We meet in a rather grizzly atmosphere after an ineffectual fortnight when an assault upon this chamber was defeated fortunately by constitutional means which provided for the people of the 3 small States to have the chance by individual votes to defend themselves. [More…]
If so, what change in their constitutional status has made it inappropriate for them to vote in subsequent, or future referenda. [More…]
That sort of thing can be imposed on any society only if one has the constitutional power to do so and the will to do so. [More…]
In 1959 he was a member of the Joint Parliamentary Committee on Constitutional Review. [More…]
He is probably well known to listeners of the AM program because of the comments he made in late 1975 and since then regarding constitutional matters. [More…]
He claims to be an authority on constitutional matters. [More…]
I would not argue against any claims he might make as a constitutional authority. [More…]
He questioned them about the cost of the constitutional referendums that were put to the people last Saturday. [More…]
I agree with Senator Wood that both the Prime Minister and Senator Withers cannot get away with it by saying that the referendums were introduced because of a resolution passed at the Constitutional Convention in Hobart. [More…]
He is on record as saying that at the Constitutional Convention both Mr Bjelke-Petersen and Sir Charles Court had agreed with the proposition but that when they went back to their own States pressure was brought to bear, no doubt by the same people as brought pressure to bear on those honourable senators opposite who advocated a No vote, they changed their stance. [More…]
So, those two Premiers will not even abide by a democratic decision of a democratically constituted Constitutional Convention. [More…]
We are advised by the Parliamentary Counsel and the Attorney-General (Mr Ellicott) that for certain constitutional reasons instead of having one Bill to amend livestock slaughter legislation there are four, five, six or seven Bills- I forget the number. [More…]
the arrangements should be free of any significant Constitutional or other legal doubt; [More…]
The following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
They tried every constitutional trick to get out of their justifiable taxation commitments, and they have been doing it ever since. [More…]
The need for 5 separate Acts arises from a constitutional requirement that laws imposing taxes should deal with one subject of taxation only. [More…]
Senator Wriedt pointed out that the Commonwealth pays entirely for the maintenance of universities and colleges; but he failed to point out, of course, that the whole constitutional power and responsibility for all areas of education, except that of student allowances, resides in the States. [More…]
It is common ground that the Trade Practices Act does not have universal application throughout the community because of constitutional limitations. [More…]
Of course there was an application of the Act to the Territories within the constitutional power. [More…]
Forget the constitutional interpretation and then consider acceptance in principle. [More…]
At a later stage I intend to move that it be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
For that reason I foreshadow that I shall be moving at the end of my speech in the second reading debate that it be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The term ‘corporation’ is used because of the constitutional limitations of the legislation. [More…]
I understand that among the proposals which the Labor Party makes there is one that there should be an amendment to this legislation to refer it to the Standing Committee on Constitutional and Legal Affairs for consideration. [More…]
Last year the Senate Standing Committee on Constitutional and Legal Affairs considered the Australian Capital Territory ordinances in regard to manufacturers’ warranties and misrepresentation and made recommendations. [More…]
Coming back to the situation in Australia, Senator Harradine was trying to develop his argument, and I think the inability of some Government senators to grasp what he was saying justifies the Opposition’s proposal that the legislation should go to the Standing Committee on Legal and Constitutional Affairs, which is one of our leading committees. [More…]
The fact is that if this legislation is to be handled in temperate discussion it should be sent to the Standing Committee on Constitutional and Legal Affairs, which comprises people whom I would call big league legal luminaries, such as Senator Missen and my own colleagues Senator James McClelland and Senator Wheeldon. [More…]
Whilst I do not want to detract from the expert standing of members of the Senate Standing Committee on Constitutional and Legal Affairs, the Trade Practices Act and this legislation have been considered very extensively Dy experts of the calibre of those I have mentioned. [More…]
Who would be the industrial relations expert on the Constitutional and Legal Affairs Committee? [More…]
Because of the limits on the constitutional power of this Parliament, that other person has to be a corporation. [More…]
The Opposition believes that a joint committee of both Houses should consider the important legal, social and constitutional issues involved. [More…]
The Australian Government Lawyers Association calls for the Commonwealth Legal Aid Commission Bill 1977 to he referred to a Committee of the Parliament to considerthe important legal, social and constitutional issues involved. [More…]
For this purpose the Opposition believes that a joint Committee of both Houses should consider the important legal, social and constitutional issues involved. [More…]
We do not believe that the problems of providing an effective legal aid service will be solved simply by leaving the matter to the States- not because we believe that the attempts made by the Stales over the years have not contained a great deal of merit and have not contributed a great deal to the provision of legal aid services, but the fact is that the Commonwealth has a direct constitutional legal responsibility in a number of areas. [More…]
Has the Minister considered the recommendation of the Joint Committee on Constitutional Review which reported in 19S9 unanimously in favour of legislation to give the Commonwealth power over corporations, untrammelled by the limitations in the present Commonwealth power, which would enable a uniform companies Act and Federal legislation effectively controlling the securities industry? [More…]
What is the attitude of the Government to that proposal for constitutional reform? [More…]
Does not the Minister representing the Attorney-General recall that the recommendation of the Joint Committee on Constitutional Review for the alteration of this power expressly recommended legislation that did not authorise this Parliament to regulate the trade and commerce of corporations, which is the effect of the recent interpretation of the High Court? [More…]
Is this not an instance in which constitutional review is more properly done by referendum than by High Court interpretation? [More…]
The Joint Committee on Constitutional Review reported in 1 959 in the following terms: [More…]
In 1973 the first meeting of the Australian Constitutional Convention referred the question of amendment of the corporations power to its Standing Committee ‘A’ for consideration and report. [More…]
In doing so, the Government will take into account the recommendations made by the Joint Parliamentary Committee on Constitutional Review in 1959. [More…]
Has the Government received a report indicating that there will be serious legal and constitutional difficulties in implementing State income taxes and associated matters which are proposed under stage 2 of the Government’s federalism policy? [More…]
The legal and constitutional aspects of implementing stage 2 of the proposed income tax sharing scheme have been examined, but no advice has been received by the Government that there are any serious constitutional or other legal difficulties that would prevent introduction of appropriate enabling legislation by the Commonwealth. [More…]
Does the Minister agree that it is in the public interest that all communications relevant to Her Majesty’s consideration of the petition be tabled in order that their constitutional implications might be properly evaluated? [More…]
The Canberra Times carried some news in the form of a leak, it appeared, suggesting that the Government had entered into an arrangement with the defendants in a constitutional conspiracy case- Mr Whitlam, Dr Cairns, Mr Connor and Mr Justice Murphy- to the effect that the Government had agreed to pay the costs of the defendants in regard to those legal proceedings. [More…]
Commonwealth in the orderly and efficient management of the nation’s water resources, having full regard to the constitutional responsibilities in these matters. [More…]
I agree with you that the proposition by Murphy J that United Kingdom Ministers ought not in future tender advice to The Queen on any matter involving Australian internal affairs goes beyond common understanding of existing constitutional principles if it is intended to embrace purely State affairs. [More…]
As the Minister, accompanied- I understand- by the Attorney-General, Mr Ellicott, recently paid a visit to Norfolk Island, can he now say what decisions have been made in regard to the constitutional position of the island and its future administration? [More…]
I refer now to the first part of the question concerning the constitutional position of Norfolk Island. [More…]
This BUI seeks to exercise that newly acquired constitutional authority to prescribe a maximum retiring age for judges of the Family Court of Australia of 65 years. [More…]
Honourable senators who were members of this chamber in 1 974 will recall that the Standing Committee on Constitutional and Legal Affairs brought down a report on the Family Law Bill, then before the Senate, that was responsible for the insertion in the Bill of provision for the Family Court of Australia. [More…]
Further, the report of the Standing Committee on Constitutional and Legal Affairs on a retiring age for federal judges, which led to the Constitution alteration, specifically recommended 65 as an appropriate age for judges of the Family Court. [More…]
It gives a quite unfettered right which is unavailable to any employer in this country other than the Commonwealth, a right which this Government has not the constitutional power in a direct sense to give to any other employer in this country. [More…]
Leave out all words after ‘That’, insert ‘the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
But the amendment seeks only to refer the Bill to the Constitutional and Legal Affairs Committee to clear up all these legal points that are involved in the legislation. [More…]
No one has yet explained- I hope that the Minister for Veterans’ Affairs (Senator Durack) will do so in the Committee stage or in replying to the second reading debate- where the constitutional power to control employees in relation to industrial matters is to be found. [More…]
In spite of the differences that we have on some subjects, this is one matter on which honourable senators are not divided, irrespective of the advice which is proffered to us occasionally by people who have no constitutional powers in this area. [More…]
The honourable senator would know from a number of questions that I have been asked on these matters that a great deal of discussion has taken place, that a broad outline of principles has been agreed on with an approach to this matter on a national, uniform, co-operative basis, contrary to the approach taken by the previous Government, of which Senator Georges was a supporter, which was for a centralised, national control, largely to the exclusion of the States altogether and without regard to the constitutional limitations that there may well be on this Parliament to take the sort of action that I gather Senator Georges supports. [More…]
This was recommended by the Senate Standing Committee on Constitutional and Legal Affairs three years ago, and it was applied and put into force with respect to the establishment of State family courts. [More…]
As a result of the constitutional amendment of May 1977, this is something which can be done so far is the Federal Family Court is concerned. [More…]
It must be a matter of pride and great satisfaction to those honourable senators who served on the Senate Standing Committee on Constitutional and Legal Affairs that one of the important recommendations of that Committee resulted not only in legislation being passed through the Senate and hopefully through the Parliament but also in an amendment to the Constitution. [More…]
-I draw the attention of honourable senators to the presence in the Gallery of a delegation from the Swedish Parliament ‘s Constitutional Committee led by the Chairman, Mr Karl Boo. [More…]
In accordance with the undertaking made in October 1976 the Government has now decided to release a proposal for the constitutional development of the Australian Capital Territory with the objective of encouraging widespread public examination and comment on the issues prior to a final decision being made. [More…]
After considering various reports on constitutional development in the Australian Capital Territory the Government indicated last year that there should not be any piecemeal delegation of functions. [More…]
The constitutional position of the Territory as the seat of government and national capital does not allow the Commonwealth to divest itself of responsibility for the government of the Territory. [More…]
Constitutional Development for the Australian Capital Territory- Ministerial Statement, IS September 1977. [More…]
I was quoting from a speech relating to a constitutional matter. [More…]
I would be surprised if anybody in Australia found anything controversial about the constitutional power of the Commonwealth over exports. [More…]
There is no constitutional pressure or other form of pressure that would stop the Government governing for another year, but it is talking about going to an early election and will not deny that. [More…]
It was accepted that in order to enable the government of the day to fulfil the constitutional requirements upon it this method of accounting should be adopted, and it was recognised as such. [More…]
My principal reason for rising is to afford an opportunity to the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs to bring the Senate up to date with the latest developments in regard to the activities of that Committee. [More…]
We are dealing at the moment with the Senate Standing Committee on Constitutional and Legal Affairs which has a number of references before it. [More…]
I do not propose to canvass the other references which the Senate Standing Committee on Constitutional and Legal Affairs has at present but to content myself with this report and the items in it, one of which has some updated information which I think should be made available to the Senate. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs wrote to Mr Justice Kirby. [More…]
It is a milestone in constitutional reform. [More…]
But in 1911 through a constitutional change- South Australia gave up the responsibility of the Northern Territory which became the responsibility of the Federal Government- all parliamentary franchise was taken away. [More…]
If that organisation is not carrying out its constitutional charter then there are means of correcting that. [More…]
That was done in the exercise of the power given to the Parliament by the constitutional amendment. [More…]
It is a constitutional avenue open to them. [More…]
It has never been proclaimed because it is of doubtful constitutional validity, but more importantly because the Government recognises that that rushed legislation is unworkable. [More…]
Under this legislation industrial disputes will be settled not by conciliation and arbitration but by a method of doubtful constitutional validity, that is to say, by deregistration. [More…]
In the time left to me I want to refer to the history of the trade union movement in Britain which shows that as far back as World War II there were concerted efforts to substitute irresponsible shop steward leadership for constitutional union leadership. [More…]
I believe that this is a very worthwhile activity and it certainly highlights the legislative problems and the constitutional problems which the Government faces in dealing with these sorts of disputes. [More…]
-I present the report on Advisory Opinions by the High Court by the Senate Standing Committee on Constitutional and Legal Affairs together with the submissions received by the Committee in relation to the reference. [More…]
The matter is presently on the agenda of the Constitutional Convention which has not, to date, come to any conclusion in relation to it. [More…]
From the evidence and material before it, the Committee became aware that the current system of reviewing constitutional changes can and does create serious problems, the most important of which arises out of the delays which occur in having the validity of legislation determined by the High Court. [More…]
The recommendation that a referendum be conducted to correct this deficiency is itself an indication of the importance of this matter and I hope that between now and when the report is more fully debated honourable senators, especially those interested in legal and constitutional matters and processes, will give it their close study. [More…]
The question of clothing the High Court of Australia with the responsibility for giving advisory opinions has, as the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs pointed out, been an issue in this country for well over 50 years. [More…]
Is it a fact that the Minister said in this chamber on 2 1 May this year when answering a question by Senator Wood in respect of the constitutional referenda: I am prepared to admit that I was wrong. [More…]
Senator Webster might remember that in October 1975 he was a member of the then Opposition that took action in the Senate to delay the Budget and bring about a constitutional crisis in this country. [More…]
Thus the Lords agreed to the modification of the old-established constitutional formula whereby subsidies were granted by the Lords with the assent of the Commons. [More…]
In no instance did these incidents lead to a constitutional crisis”.3 3 Einzig: op cit, p. 304. [More…]
The first step towards a restoration of effective financial control would be the realisation that, under long-established British constitutional practice, defeats over details of the Budget or of Estimates are no cause for resignation, provided that they do not amount to denial to the Government of the entire annual supply or an essential part of it, and provided that they do not amount to the rejection of some major policy to which the Government had committed itself.’ [More…]
In the exercise of their constitutional functions, the House of Commons not infrequently dissent from the financial propositions of ministers . [More…]
I am one of those people who believe in the form of amendment which was put before the Constitutional Convention in Hobart in October last year. [More…]
I cannot accept the proposals suggested by Senator Withers to the Constitutional Convention. [More…]
That should be examined in a constitutional way and perhaps given more consideration, to ascertain whether a correct, legal interpretation of section 57 was made, or whether the Governor-General perhaps had an alternative course of action available to him in December 1975. [More…]
The book represents an interesting extrapolation of the constitutional powers which the Governor-General enjoys, and will I hope draw some critical attention to the sort of function which he performs, or ought to performwhich, of course, is a more important matter than is his salary. [More…]
I think we should be looking also at the nature of the institution, the constitutional function which a Governor-General has, whether those constitutional functions are appropriate in 1977, as they were deemed to be in the Victorian era - [More…]
I think that, as a result of the presentation of this legislation which gives a handout to the office of Governor-General, honourable senators opposite who are so sensitive about decadent institutions in this country, including the office of Governor-General, should think a little more seriously about the nature of that institution, about the constitutional functions which are imposed upon the Governor-General and about the way in which he in fact discharges those functions. [More…]
At different times different forces of experts, including lawyers and professors of constitutional law, have said what Senator McLaren said in a revised version of his opinion. [More…]
Mr President, I put it to you that it would be sad if honourable senators or members of the Parliament were not allowed to express in the Parliament opinions which, while not being disrespectful, were critical of a constitutional action which a high personage might take. [More…]
That is not the constitutional problem. [More…]
The constitutional problem relates to the question whether Parliament should be committed to charges without those charges being referred to Parliament. [More…]
Once the financial powers of the Parliament are abdicated by the refusal of the constituents of the Parliament to know and understand what is happening, the Parliament becomes reduced to an enigma and a cypher in the constitutional functions of government and the power of the Executive becomes overwhelming. [More…]
An election for the Australian Capital Territory Legislative Assembly will take place before the end of 1978 and issues of future constitutional development for the Territory will be widely canvassed. [More…]
I seek leave to move a motion for an extension of time for the Senate Standing Committee on Constitutional and Legal Affairs to report on the four matters, namely, the processing of law reform proposals, the delegation of parliamentary authority, the priority of Crown debts and parliamentary scrutiny of rules of court. [More…]
That the date for presenting the report of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs on the four matters- Processing of Law Reform Proposals; Delegation of Parliamentary Authority; Priority of Crown Debts; and Parliamentary Scrutiny of Rules of Court-be extended until 31 March 1978. [More…]
The constitutional power is being used to enforce the situation because elections are coming up in Queensland and in the Commonwealth. [More…]
Yet the Government has the constitutional right to assign the land for the benefit of the Aboriginals, and the Labor Government was prepared to do that in Western Australia and in Queensland. [More…]
Opposition has been obtaining legal advice about how to avoid the constitutional difficulty it faced when in government in 1975. [More…]
Does the Prime Minister agree that it is in the public interest that all communications relevant to Her Majesty’s consideration of the petition be tabled in order that their constitutional implications might be properly evaluated. [More…]
He built up an extensive practice and appeared as counsel in several important constitutional cases. [More…]
He was at one time the President of the Constitutional Club of Melbourne and showed an interest in that organisation for many years, constantly attending its lunches and meetings. [More…]
In that area, as Attorney-General and as a politician of great renown, he always showed a great deal of interest in constitutional matters and an awareness of and interest in changes and ideas that came forward from time to time. [More…]
Constitutional and Legal Affairs: [More…]
I mention this matter also because the election of Senator Haines was the first after the constitutional alteration which provided for the filling of a casual vacancy by a member of the party with which the retiring member had been associated at the time of entry to the Parliament. [More…]
The contention of the Liberal Party was that the party to which Senator Steele Hall had belonged at the time of election had now merged with the Liberal Party and that, in accordance with the constitutional alteration, a Liberal Party member should receive the endorsement. [More…]
We must be careful in our interpretation of the wish of the people expressed in the constitutional referendum that we keep the numbers of the party for which the electorate originally voted so as not to give an advantage to another party which was not elected by the people of Australia. [More…]
Senator Cavanagh seemed to think his thoughts were quite irrevelant- that somehow the election of a successor to Senator Hall was related to the constitutional amendment which this Parliament and the people, adopted last year. [More…]
In the last few years we have found some weaknesses and obscurities in our constitutional situation. [More…]
We must get on to these issues and try to find dialogue and solutions, whether through the Constitutional Convention or through our individual activities. [More…]
Surely it is the essence of the constitutional contract that someone should be able to blow the whistle on the Executive and say in effect: ‘Hey, back to the people ‘. [More…]
In my view whatever the man has done subsequently, in November 1975 Sir John Kerr showed considerable courage and great constitutional propriety in making the decision he did. [More…]
I want to talk a little further about the constitutional contract. [More…]
If there is anything that is anathema to the independence of this chamber, to the separate existence of this chamber and to this chamber being able to fulfil its constitutional role relating to the scrutiny of the Executive and ensuring the accountability of the Executive, if there is anything which could destroy that it is a system of joint committees where the Senate is the poor relation of the greater number in the House of Representatives, where we are taken on suffrage in some way to do the bidding of the House which represents the executive government. [More…]
This 40 per cent of the people, including some of Australia ‘s leading constitutional lawyers and historians, saw through the plotting that was taking place between Kerr, Barwick and Fraser: They realised what was happening. [More…]
In full public eye, he accepted the big payoff, more than $70,000 a year plus benefits and the hardships of the post in Paris, a large income by any standards, but surely a cheap reward for dividing his nation, undermining the very fibre of Australian constitutional democracy and degrading the position of Head of State of the Australian Commonwealth. [More…]
Circumstances in the States come into this, and the constitutional position affects it as well. [More…]
At least my experience was part of the catalyst which led to the constitutional change in relation to casual vacancies in 1977. [More…]
That constitutional change affected the length of tenure of office of Senator Lewis who was in the chamber at the time of the 1977 referendum. [More…]
In that respect, therefore, Senator Lewis was the first person to be directly affected by the 1977 constitutional change. [More…]
In fact I would have thought that Senator James McClelland, as other members of the Australian Labor Party have done, was exposing the fact that through the actions of Kerr while he was the Governor-General of Australia the whole democratic constitutional parliamentary system was brought into contempt amongst a great many Australian people. [More…]
The very circumstances called upon the South Australian Government to take note of a constitutional amendment. [More…]
Last year when the Senate Standing Committee on Constitutional and Legal Affairs was considering the Evidence (Australian Capital Territory) Bill the adviser to the Committee, Mr P. Waight, a recognised authority on evidence matters attached to the Law School of the Australian National University, wrote to the Committee on 26 October 1977. [More…]
Mr Michael Dixon, Secretary, Senate Standing Committee on Constitutional and Legal Affairs. [More…]
In his letter to the Senate Standing Committee on Constitutional and Legal Affairs, Mr Waight said: it is generally said that there is only a rule against hearsay or secondary evidence (although in each case there are many exceptions to it) [More…]
It is very important at this time of critical constitutional development in the Northern Territory that we- my colleague, Senator Kilgariff, and I- should be responsible for putting in front of the Senate and the Government the needs and problems of the Northern Territory. [More…]
This process has begun, as may be seen in my Government’s reforms in the areas of taxation, social welfare and its constitutional and legal reforms. [More…]
I have given careful consideration to the constitutional crisis and have made some decisions which I wish to explain. [More…]
It has been necessary for me to find a democratic and constitutional solution to the current crisis which will permit the people of Australia to decide as soon as possible what should be the outcome of the deadlock which developed over the supply between the two Houses of Parliament and between the Government and the Opposition parties. [More…]
Because of the federal nature of our Constitution and because of its provisions the Senate undoubtedly has constitutional power to refuse or defer supply to the Government. [More…]
If a Prime Minister refuses to resign or to advise an election, and this is the case with Mr Whitlam, my constitutional authority and duty require me to do what I have now done- to withdraw his commission- and to invite the Leader of the Opposition to form a caretaker government- that is one that makes no appointments or dismissals and initiates no policies, until a general election is held. [More…]
I mention in passing that I have a personal view that the life of the Parliament should be extended to four years and that it ought to be a mandatory term, although I recognise that for it to be made mandatory there are many very substantial constitutional problems to be overcome. [More…]
It is obviously a matter which, although it is now under examination by a government committee, ought to go to the Constitutional Convention to be examined by it. [More…]
This is an appropriate time for Australia to be looking to further constitutional reforms. [More…]
As Senator Colston has said, that is a constitutional requirement. [More…]
That Bill was referred by the Senate to the Standing Committee on Constitutional and Legal Affairs which furnished a useful and constructive report to the Senate on 26 April 1977. [More…]
The report of the Committee on Constitutional and Legal Affairs recommended that the Bill be amended to ensure that persons serving with the armed forces of a government or a force approved by the Minister pursuant to sub-clause 9(2) should not be liable to penalty for acts done during the course of their service with those forces. [More…]
of course, the messages concerning the appointment of members to this Committee and other such committees have always come from the House of Representatives after each House of Representatives election; but over at least the last 10 or 12 years my colleagues in this chamber have taken the view that the Senate is a House in constitutional life irrespective of the dissolution of the House of Representatives. [More…]
I can recall when the present Government parties were in Opposition- those dark years- and a delegation went to the Australian Constitutional Convention. [More…]
No, it was the Constitutional Convention. [More…]
Consequently the matter was referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Opposition congratulates the Minister first of all on having allowed that procedure to take place and, secondly, on the Government’s acceptance of the suggestions in the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs of which I was Chairman considered this Bill. [More…]
I certainly concur with Senator Missen that the manner in which this matter has been handled by the Senate as a whole- I think the present Attorney-General (Senator Durack) deserves some credit for that- in agreeing to refer this vexed matter to the Senate Standing Committee on Constitutional and Legal Affairs and the manner in which the Committee dealt with the matter, are in the rather better traditions of the Senate ‘s conduct of its business. [More…]
I thank the Attorney for his consideration and the Government for its consideration of the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
At the outset I acknowledge with appreciation the consideration that the Senate Standing Committee on Constitutional and Legal Affairs gave to the Bill, limited as it was and handicapped by the fact that its decision had to precede consideration of my submission. [More…]
It was then considered by the Senate Standing Committee on Constitutional and Legal Affairs after the Committee of the Whole debate which resulted in the decision to refer the Bill to that Committee. [More…]
I apologise to members of the Senate Standing Committee on Constitutional and Legal Affairs for the way in which I rushed their consideration of this Bill when it was referred to them last year. [More…]
Yet there are, in the first place, strong constitutional objections: military government of any kind is anathema to us, and we are all deeply aware of the tragic failure that the use of the Army in the policing role in Northern Ireland represents. [More…]
However, these are areas over which the State governments have constitutional jurisdiction. [More…]
The Australian Government should assume full legal, constitutional and moral responsibilities so that the Aboriginal people in Queensland can be treated in the same way as they are in all of the other States. [More…]
The constitutional position in relation to the power of the Australian Government is clear. [More…]
Of course, in constitutional terms that issue has the recent support of the people of Australia. [More…]
In the first year of the constitutional history of this country Sir Edmund Barton, the Prime Minister of Australia, wrote to the Queensland Premier. [More…]
So the ratio of Yes to No votes in Queensland was eight to one which is a pretty good indication that there is massive support in that State for the proposition that the Commonwealth has a constitutional responsibility. [More…]
In common with a number of other members of this Parliament, I engaged last year in one of the exercises we have performed pursuant to our constitutional power. [More…]
They urge that the Federal Government take steps to prevent the actions of the Queensland Government in whatever way it possibly can- be it legally or constitutionallybecause they believe that the Federal Government not only has those legal and constitutional rights but also has a moral responsibility to support the Aboriginal people. [More…]
Finally, I urge the Federal Government- I would beg if necessary- to exercise its constitutional right under the terms of the 1967 referendum. [More…]
In 1967 this Parliament was given the constitutional power to protect those people and to allow them to make their own decisions. [More…]
The Parliament is honour bound to use its constitutional power to make laws for the protection, peace, order and good government of the Aboriginal people in that area. [More…]
That the date for presenting the report of the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs on the four matters- Processing law reform proposals; Delegation of parliamentary authority: Priority of Crown debts; and Parliamentary scrutiny of rules of court- be extended until 3 1 August 1978. [More…]
If one examines the report made by the Committee one will find that it went also into the constitutional situation of that concept. [More…]
I remind honourable senators that the Joint Parliamentary Committee on the Northern Territory which inquired into constitutional development in the Northern Territory called for discussion. [More…]
That is, in relation to the constitutional development in the Northern Territory- [More…]
I am pleased to be able to quote that reference from the honourable member for the Northern Territory who sees the need for close consultation in all these matters relating to the constitutional development of the Northern Territory. [More…]
There have been many constitutional changes in the Northern Territory since 1947 when the Legislative Council was formed. [More…]
These moves resulted in a further constitutional changethe introduction of nominated members. [More…]
The report became the bible for further constitutional change that produced a fully elected council. [More…]
So this further constitutional change to a fully elected council occurred. [More…]
It is true that I cannot claim to have the expertise of a constitutional lawyer, although I did spend many years on the bench as a cabinet maker. [More…]
He referred to the constitutional power to confine the payment of bounty to bountiable yarn spun in registered premises and the Minister’s power to register premises and in that way to select who is entitled to the bounty. [More…]
I think this is one of the problems highlighted by the investigations being carried out at the moment by the Senate Standing Committee on Constitutional and Legal Affairs, of which I am a member. [More…]
1 ) A reference of constitutional power to the Commonwealth to enable it to confer jurisdiction on the Family Courts over children not covered by the Family Law Act necessarily depends entirely on the willingness of States to make such a reference. [More…]
Amendments were made to the Family Law Act following the decision of the High Court in Russell v. Russell to bring it within the limits of constitutional power as determined in that case. [More…]
The question of the constitutional power of this Parliament to pass section 45D of the Trade Practices Act is an issue before the High Court and it has not yet been resolved. [More…]
I realise that there are constitutional difficulties. [More…]
1 ) How many envelopes addressed ‘A message from the Minister for the Capital Territory’ and bearing the logo of the Australian Government Publishing Service, containing a letter dated 9 March 1978 and a document headed Proposed Constitutional Development in the Australian Capital Territory’, have been posted. [More…]
It is carefully designed to achieve that result within the constitutional power of the Commonwealth, given by the 1967 referendum, to make special laws for the people of any race for whom it is deemed necessary. [More…]
It is carefully designed to achieve that result within the constitutional power of the Commonwealth, given by the 1967 referendum, to make special laws for the people of any race for whom it is deemed necessary. [More…]
The legislation is constitutional because of the referendum that was carried in 1967. [More…]
I do not stand here to expound constitutional law. [More…]
We are here promoting a unique constitutional contest between State and Federal governments on the question of the control of two Aboriginal communities. [More…]
-I do not recall that it embraced a constitutional issue. [More…]
I present a constitutional principle, but do so on that basis and on that basis alone. [More…]
I do not remember any constitutional issue between State and Commonwealth giving rise to such an acute crisis since the Depression days when Mr Lang refused to pay moneys to the Commonwealth Government and the Federal Parliament put through garnishee proceedings. [More…]
Like Senator Wright, I do not claim to be an expert on either the affairs of Aborigines or the constitutional problems of this country, but there are various aspects of the legislation and the manner in which it has been handled and brought to this Parliament which disturb me. [More…]
Senator Wright raised considerable doubts and objections to the legal and constitutional aspects of the Bill, something which is beyond my capacity. [More…]
He said that he has had some difficulty because of the lack of time and the need for advice to look at the legality and constitutional validity of the Bill. [More…]
That provision is in the Bill as an express saving of the right of the State to continue to carry out its constitutional responsibilities in these areas. [More…]
Senator Wright arrested our attention on a number of matters of constitutional concern and matters of legality which he raised in his speech last night. [More…]
Therefore, I speak on behalf of the Government when I say that it would expect that after the third reading a Government senator would move that the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs for urgent investigation and consideration of many of the matters that have been raised, as well as any others which it saw fit to raise, and then report back to the Senate. [More…]
In replying to the second reading debate, I indicate that after the third reading it is expected that the measure will be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I am grateful to the Minister for Social Security (Senator Guilfoyle) for having indicated that if the Bill is passed she will accept a motion to refer this legislation to the Senate Standing Committee on Constitutional and Legal Affairs for ex post facto examination. [More…]
There is the question of the true effect of this legislation not from the point of view of any legalistic or technical constitutional contentions, all of which I disclaimed last night, but in accordance with proper constitutional principlenot specific constitutional cases. [More…]
There are serious legal defects in the argument which, if allowed to be carried, would throw into jeopardy the constitutional validity of this legislation. [More…]
I pointed out to Senator Gietzelt and the Opposition that if we were to accept his amendments, in particular those in relation to reserves which seek to freeze the status of the land, they could raise constitutional difficulties and invite a constitutional change which could set aside the whole of the Bill now under consideration. [More…]
Minister must approve by-laws, and the application of by-laws to non-Aborigines, I am advised, could raise constitutional doubt. [More…]
I referred earlier when speaking on this clause to the constitutional doubt that would be created about a Bill of this kind if it were to provide for people other than Aborigines and Islanders. [More…]
The advice that the Government has is that it could raise constitutional doubt and a provision of this kind should not be believed necessary simply for the reasons expressed by Senator Gietzelt. [More…]
I would have to say that the real difficulty that the Government finds in accepting an amendment to remove sub-clause (9) is the constitutional doubt which it would raise. [More…]
Clearly the fact that the Government acknowledges that the matter needs to be referred to the Standing Committee on Constitutional and Legal Affairs is indicative of the existence within the legislation of certain deficiencies which need to receive further consideration. [More…]
There could be some constitutional doubt about this matter and the second proposed sub-clause is unnecessary since the Aboriginal rights are already protected under the Aboriginal and Torres Strait Islanders (Queensland Discriminatory Laws) Act. [More…]
Is there a constitutional or any other reason why the majority of States cannot transfer such powers despite the obstruction of the Queensland Government? [More…]
I should like to comment on proposed section 7 Q which is of some significance and which was suggested to the Senate Standing Committee on Constitutional and Legal Affairs by an adviser. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
whether the constitutional conception underlying the legislation and the principles and structure of the legislation are consistent with the proper responsibilities of the Commonwealth; [More…]
whether, in the opinion of the Committee, the sections of the legislation are constitutional, comprehensive, consistent and effective, or whether any amendments should be made to the legislation. [More…]
So I am aware of the work of a number of committees, and particularly of the Committee to which I have asked that this matter be referred- the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Minister submitted that there was some legal doubt and constitutional problems associated with the legislation. [More…]
Of course, the motion moved by Senator Bonner, which is under consideration, states that we should look at the constitutional, comprehensive and consistent effectiveness of this legislation. [More…]
Is it not an indictment upon us and an indictment upon the framers of the notice of motion- I am referring to those who have the responsibility of preparing the notice of motionthat on the same day that we passed it, when it was part of our responsibility to review the legislation and make the essential remedies, if there were defects in it, notice was given of a motion to set up a committee of the Senate to study it, to see whether it is effective, to see whether it is constitutional and to see whether it is comprehensive. [More…]
There is no doubt that the States have certain constitutional rights and certain capacities to be difficult. [More…]
Most of Senator Gietzelt’s contention is centred around the fact that we want to send a Bill off to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Bill was sent off to the Standing Committee on Constitutional and Legal Affairs which recommended 120 amendments. [More…]
So that was the first point of great pressure and urgency on the Federal Government, to move to legislate to enable it to act on its constitutional responsibility in respect of those people. [More…]
There is some argument, I understand, about whether a select committee ought to be set up to look at the Bill or whether it would be better to send the Bill to a standing committee such as the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
There is no ideal standing committee to which this matter could go except the Constitutional and Legal Affairs Committee which does have some natural advantages in that it has a secretariat and members who are used to looking at constitutional matters and examining them. [More…]
So anybody from the Senate who is not a member of the Constitutional and Legal Affairs Committee but who does have a keen interest in the subject can of course go along and participate in the proceedings of the Committee. [More…]
It is clear that the Constitutional and Legal Affairs Committee ought to take a close look at a very wide range of Queensland legislation to ascertain just how many pieces of legislation could possibly affect the welfare of Aborigines. [More…]
The reference of this matter to a committee will in no way limit the rights of and opportunities for people to put submissions to the Committee and to say whatever they believe is relevant, particularly under paragraph (c) of the motion in respect of the constitutionality, comprehensiveness, consistency and effectiveness of the legislation. [More…]
Indeed, it is even open to the Queensland Government, if it sees fit, and to any department under that Government, to put in submissions relating to the legislation and to say what they think about the constitutionality and so on of the legislation. [More…]
It will be interesting to see whether they treat the Senate committee with that son of interest and respect and choose to put to the Parliament and to the Government via the Senate Committee their views on whether or not that legislation is really constitutional and properly consistent with the responsibilities of the Commonwealth. [More…]
Senator Gietzelt has indicated the difficulties he sees the Constitutional and Legal Affairs Committee will have in reporting quickly in any event. [More…]
The Minister for Aboriginal Affairs has already stated publicly that if the proposed legislation and the lease arrangements which will be legislated for by the Queensland Government are not satisfactory to the Commonwealth, the Commonweatlh will use its constitutional powers of acquisition in order to ensure that the rights and interests of the people of the two communities are fully protected. [More…]
Certainly there does seem to be under section 51 ( 1 ) of the Constitution, as suggested by Senator Tehan, ample constitutional power for the Parliament to pass legislation in regard to conciliation procedures in this area. [More…]
It certainly must be a very sad day for Senator Bonner and those other honourable senators on the Government side who took part in the debate on the matter of public importance on 1 5 March, who took part in the second reading and Committee stages of the debate on the Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-Management) Bill and who supported a motion yesterday to refer to the Senate Standing Committee on Constitutional and Legal Affairs all the matters that were raised in the Senate about the effectiveness of the legislation. [More…]
Before World War II Australia and other metropolitan powers performed administering functions in their respective South Pacific territories without any visible attitudes or programs aimed at change in the constitutional status of their territories. [More…]
-Mr President, I seek leave to make a statement relating to consideration by the Senate Standing Committee on Constitutional and Legal Affairs of the reference concerning the provisions of legislation empowering Aboriginal and Torres Strait Islanders to live on reserves in Queensland and to manage and control their own affairs. [More…]
-As Chairman of the Standing Committee on Constitutional and Legal Affairs, I wish to acquaint the Senate and all interested parties with the course of action which the Committee proposes to take in relation to its newly acquired reference on the Aboriginal and Torres Strait Islanders legislation. [More…]
Although the action of the Queensland Government in effectively abolishing the reserves at Aurukun and Mornington Island has had considerable impact on the effectiveness of the Commonwealth legislation, a number of cogent reasons were advanced for nevertheless referring it to the Constitutional and Legal Affairs Committee. [More…]
The Constitutional and Legal Affairs Committee met yesterday to discuss its role in the light of these developments. [More…]
In dealing with this complex reference the Committee accepts that its primary concern is the constitutional and legal aspects of this matter rather than the difficult questions of social policy which arise in this area. [More…]
Lawyers can sort out whether the matter is a constitutional one. [More…]
Yet the Commonwealth Government says that because it believes many functions can be done better at the State level or by co-operation, irrespective of the constitutional position, there will be co-operative federalism. [More…]
A question concerning section 45D is under constitutional challenge. [More…]
-Is the AttorneyGeneral aware that because of constitutional difficulties Queensland could become a State without a properly elected government? [More…]
Equally, I look forward to the constitutional development of the Northern Territory. [More…]
These shall also be furnished to the appropriate Minister of the Northern Territory, on or after 1 July 1 978, in line with the constitutional development of the Territory. [More…]
These discussions which are continuing have involved the constitutional relations between the Commonwealth and the States and the Commonwealth’s international relations. [More…]
Under the heading ‘The Constitutional Basis’ the paper states: [More…]
In the event of any State Government being unwilling or unable to adequately guarantee the rights of the Aboriginal and Islander peoples to self-determination, the Australian Government should not hesitate to use its constitutional powers in the manner and to the extent desired by those peoples. [More…]
If agreement cannot be reached to these vital questions, the Commonwealth will have to use its constitutional power including the power to acquire. [More…]
If the Commonwealth Government is not satisfied with the terms of both the local government legislation and the leases, it will exercise its constitutional power to acquire land in the interests of the Aborigines. [More…]
It has been said and said again that if at the end of all of this discussion and consultation the Commonwealth Government is not satisfied with the tern i of the legislation and of the leases it will exercise its constitutional power to acquire land in the interests of the Aboriginals. [More…]
In relation to each point in the Minister’s speech she said that the Commonwealth will consult with the communities and, if the communities do not agree, the Government will use its constitutional power and acquire land. [More…]
I pointed out to Senator Gietzelt and the Opposition that if we were to accept his amendments, in particular those in relation to reserves which seek to freeze the status of the land, they could raise constitutional difficulties and invite a constitutional change which could set aside the whole of Bill now under consideration. [More…]
Not being a legal man like Senator Missen, I could not argue the legal constitutional point. [More…]
I do not believe that a constitutional act can be made unconstitutional by changing a date. [More…]
Do the legal luminaries say that a constitutional act can be made unconstitutional by changing a date? [More…]
I do not suppose that the Senate Standing Committee on Constitutional and Legal Affairs can determine this matter by expressing an opinion. [More…]
He said the Commonwealth recognised its constitutional obligations, ‘ and we expect to. [More…]
But from the Commonwealth’s point of view, looking at its constitutional obligations, we have to decide on the basis of the work that’s been done over the weekend- the various options that will be put before Cabinet- just what ought to be done to bring the matter to finality, and finality in the interests of the people ‘, he said. [More…]
Senator Cavanagh raised the question of whether this is constitutionally possible. [More…]
If we have the constitutional right, what are the other problems? [More…]
Aurukun leaders have told my Committee- the Senate Standing Committee on Constitutional and Legal Affairs- which is looking into the existing legislation, that this is something which worries them very considerably. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs is pledged to do that. [More…]
The reality of new federalism in operation, as we all know now, is that if the Premier of Queensland stands the Federal Government up on a particular matter in which the Government has not only constitutional power but also constitutional obligations- like the question of Aurukun and Mornington Island- then the Government goes to water. [More…]
Secondly, the Bill adopts a recommendation of the Fox report by extending the power of the Minister to exercise control not only for defence purposes but also for all proper constitutional purposes. [More…]
There would seem to be little doubt that the Commonwealth has constitutional power to assume full control for all proper purposes, and we suggest that consideration should be given to its doing so. [More…]
I see that we are expanding our constitutional base from the defence area into the area of power relating to trade and, of course, to external affairs. [More…]
The Government does not care that the Marcos regime, with which it is making bilateral arrangements, has already demonstrated total disregard not only for the protests of people of the Philippines who live near the reactor site but also for the democratic and constitutional rights of the entire population of that nation. [More…]
In none of the documents that have been produced in relation to this matter is the slightest reference made to the report of the Joint Committee on Constitutional Review which met between 1956 and 1959. [More…]
In this respect we recommended that the Commonwealth Parliament should be empowered by constitutional amendment to make laws with respect to: [More…]
If Government senators in their speeches have not even referred to the constitutional power, I shall refer to the question of power as it was raised in the Fox report. [More…]
There would seem to be little doubt that the Commonwealth has constitutional power to assume full control for all proper purposes, and we suggest that consideration should be given to its doing so. [More…]
I am dismayed to think that in this constitutional menage we have a structure that is so indefinite as to the degree to which it depends on the States that it suggests that the code will be referred to the States, but insofar as their laws do not provide properly for the code, the Commonwealth takes power under the Bill to add to the legislation and supplement it. [More…]
Within a remarkably brief period at the Victorian Bar in which his practice ranged over industrial, common and constitutional law, Menzies built a formidable name as a brilliant legal intellect and an outstanding advocate. [More…]
After that historic achievement in which he successfully stood alone against several notable King ‘s Counsel he appeared in many famous constitutional cases before the High Court and the Privy Council. [More…]
This outstanding constitutional lawyer had few rivals and in 1929, at the age of 34, he became Australia’s youngest King’s Counsel. [More…]
He saw clearly the place of the Crown in the Australian body politic, and stood by the principles of constitutional monarchy which are the fundamental base of our political life. [More…]
The case you put in the Senate about the effect of the constitutional proposals on the position of the Senate was unanswerable. [More…]
Under the agreement, if the Commonwealth is not satisfied with the terms of both the local government legislation and the leases it will exercise its constitutional power to acquire land in the interests of the Aborigines, but it has been agreed by everybody that there ought to be a testing period to see whether this legislation will work and will achieve for the Aborigines the degree of self-management which will enable them to determine their own affairs. [More…]
We would need our constitutional power to do that. [More…]
I have some doubts about the legislation and that is why I want the Senate Standing Committee on Constitutional and Legal Affairs to look into the question of how far our right to acquire land for Aboriginal settlement extends and whether or not that power was given to the Commonwealth Government in 1967. [More…]
Some of the particular interests identified with Sir Robert Menzies and with which might therefore be drawn within the purposes of the fund are the law, with particular reference to constitutional matters and Federal-State relationships, studies concerned with Australia’s role within the British Commonwealth and with AustraliaBritain relations, studies of Australia and the United States, studies of relations between Australia and the Pacific Nations. [More…]
The former raises jurisdictional issues with constitutional implications. [More…]
Even setting this aside the Bills have wider constitutional aspects that require consultation. [More…]
He referred to his doubt as to the constitutional power on which the whole of this legislation is based and said that there had been failure to obtain by agreement with the States a very firm constitutional basis for it. [More…]
One of the important recommendations of that Committee was that the Commonwealth Parliament should be empowered by constitutional amendment to make laws with respect, firstly, to the manufacture of nuclear fuels and the generation and use of nuclear energy and, secondly, to ionising radiation. [More…]
Therefore, I think that constitutional power is linked very much to the attitude of the States. [More…]
He expressed his doubts about the constitutional basis of the legislation. [More…]
Nonetheless, we are in a somewhat unsatisfactory situation where we have this opinion of the States and the very doubtful constitutional power upon which the legislation is based. [More…]
In the light of the constitutional development of the Northern Territory, I am sure all honourable senators will agree that these are all very proper and responsible proposals. [More…]
My question is directed to the Leader of the Government in the Senate and arises from an item in this morning’s Canberra Times which gives the names of the delegates from the Senate to the Commonwealth Constitutional Convention. [More…]
-My understanding of what happened is that yesterday in another place the Prime Minister put down a statement about the Commonwealth Constitutional Convention and gave the names of the Commonwealth delegates to it. [More…]
However, I recall reports such as the 1958 report of the Committee on Constitutional Review. [More…]
That the Senate agrees that the Commonwealth Parliament participate with the Parliaments of the States in the continuing work of the Constitutional Convention established to review the Commonwealth of Australia Constitution and accordingly resolves: [More…]
The next plenary session of the Australian Constitutional Convention is scheduled to be held at Parliament House in Perth over the three-day period 26 to 28 July 1978. [More…]
The Government’s view is that it is desirable that at least one more plenary session of the Constitutional Convention is held so that the continuing work of the Convention in reviewing the operation of the Australian Constitution may proceed further. [More…]
Honourable senators will recall that the original impetus for the Constitutional Convention came from Sir Henry Bolte ‘s Liberal Government in Victoria and, particularly at the [More…]
I believe we can all recall with some satisfaction the overwhelming approval given by the Australian electorate in May of last year to three referendum proposals, each of which had first been approved in principle at the Constitutional Convention. [More…]
The Convention provides a unique forum for discussion of fundamental constitutional issues. [More…]
I commend to the Senate this motion which seeks to ratify the continued participation of this Parliament in the endeavours of the Australian Constitutional Convention. [More…]
With regard to the composition of the Commonwealth delegation to the Constitutional Conventions in those years, the relevant Journals of the Senate reveal that a much more democratic attitude was adopted than the one adopted in the present Government’s motion, which I gather has the tacit approval of the present Opposition. [More…]
But I contend that a delegation of Commonwealth parliamentarians to a constitutional convention is to the general public in the long run of even greater importance than a Senate committee. [More…]
If the Senate rejects the idea of having delegates from non-Labor and non-Coalition parties at the Convention it will be doing a disservice to genuine constitutional reform. [More…]
I am aware from reading the Canberra Times this morning that I am indulging in a somewhat futile exercise at the moment, as it would appear that the Prime Minister (Mr Malcolm Fraser) has already decided not only what parties but also what members will be represented at the Constitutional Convention. [More…]
-The Opposition welcomes the statement made by the Leader of the Government in the Senate, Senator Withers, in relation to the Constitutional Convention. [More…]
As I recall the Press discussion on the policies of the Australian Democrats at the last election, it was to the effect that the Australian Democrats had no policy, particularly in relation to matters such as constitutional reform. [More…]
One could scarcely say that Australian Democrats come here with a mandate- if one can use that expression- on the basis that they have shown an interest in constitutional reform, because that is not so. [More…]
I alert him now, if I may, both in his capacity as a delegate and as Minister for Administrative Services, to the fact that that presents a problem for the Opposition in the Senate in view of the fact that senators will be retiring from this Parliament on 30 June and we will have at least three new senators here, some of whom might both desire to attend and be appropriate persons to attend the Constitutional Convention in Perth. [More…]
First of all, we have not yet seen an agenda for the Constitutional Convention. [More…]
Earlier today in the Senate I referred to the report of the Fifty-eighth Constitutional Review Committee. [More…]
That is what a Constitutional Convention ought to be. [More…]
It is no good the Constitutional Convention meeting again in plenary session after the Perth meeting if it is not to be a meaningful convention which discusses questions of fundamental importance to this country. [More…]
But what I hope will happen is that in July when the Australian Democrats come here in their full glory- I do not wish to detract from Senator Haines at all- they will argue the case for a popular convention to consider constitutional issues and not just for a convention which is confined to the sort of grey bureaucrats of politics, such as the Minister and I. [More…]
We hope that because it is a meaningful convention it will not be the last convention and that the subject of desirable constitutional reforms will continually be brought forward and debated in this country as an issue of national importance. [More…]
Senator Button also raised a problem with respect to a senator who will retire on 30 June being appointed a member of the Constitutional Convention. [More…]
There are at least two senators coming into this place next July who are lawyers and who would be appropriate people to attend the Constitutional Convention. [More…]
Representatives acquainting the Senate of a resolution agreed to yesterday relating to the participation by the House in the continuing work of the Constitutional Convention. [More…]
I appreciate the constitutional difficulties but surely the first approach to the States should be one of consultation first to see whether they will agree to give the Commonwealth powers in relation to this matter and secondly whether they agree to a uniform code. [More…]
The officials indicated that the States saw these particular Bills as raising the possibility of Commonwealth intrusion into areas of State responsibilities in respect of uranium mining and nuclear energy, that the Bills were seen as being of doubtful constitutional validity, that their passage raised the issue of constitutional impropriety with the Commonwealth resiling from its cooperative federalism policy, and that the Bills lacked specific arrangements for Commonwealth/State consultation. [More…]
I believe it is important to understand- and I do not seek to be vexatious in any way- that the States are saying that there is some question of constitutional status in this matter. [More…]
I think we must concedeperhaps even more readily than did the Ministerthat there are problems of constitutional power for the Commonwealth Government in dealing with this matter. [More…]
We find it extraordinaryI think Senator Wriedt touched on this point- that, in the process of consultation which the Minister says he has had, it never occured to the Commonwealth Government to advert to the weakness of its own constitutional power until it was pointed out by a State Premier. [More…]
1 take it from what the Minister has said and from what Senator Button has said that there is some doubt about the constitutional validity of the legislation. [More…]
Therefore it is felt that the Commonwealth is on more solid constitutional ground. [More…]
Whilst I admit that I am not a legal man, these provisions may be necessary in accordance with constitutional rights, but if they are necessary we have to admit that the Commonwealth Government cannot protect the environment from uranium mining unless we first get a uniform code of agreement which all States will observe. [More…]
Beyond any doubt at all it has the constitutional power to ensure that, and it will not occur. [More…]
Because there is some worry about where constitutional powers lie in Australia we will do this as far as possible by complementary legislation. [More…]
The Opposition itself has indicated that there is without any doubt some lack of assurance throughout Australia regarding the constitutional heads of power as to the Government’s capacity to enforce totally its laws. [More…]
-I am always delighted when Senator Button gives me a constitutional lecture. [More…]
Let him rely on the absolute security of his vast ignorance on constitutional law because I am sure that that is a comfortable thing, and I say that happily in this debate. [More…]
We have seen in the last few weeks that the Commonwealth Government has not only a constitutional right, as it has in relation to the granting of export licences, but also a constitutional duty and obligation to make laws with respect to Aborigines. [More…]
-In the second reading debate I likewise expressed concern about the dubious constitutional power and the fact that that matter had not been resolved. [More…]
What we are trying to do now is to have each State amend its legislation, where necessary, so that any possible defect in the constitutional power of this country can be removed. [More…]
-The purpose of the insertion of new Part IVa relates in a sense to a judicial and constitutional point which is simply this: Assuming the Environment Protection (Nuclear Codes) Bill 1978 is passed and proclaimed, the Commonwealth Government will be given paramount rights over the mining of uranium. [More…]
As to the question of challenging the validity of regulations, the States or anyone else, provided they could establish standing, could challenge the constitutional validity of regulations. [More…]
This assumes their constitutionality. [More…]
The requirement is not due to any constitutional provisions but rather to a general order of the Commonwealth Public Service Board. [More…]
The most salient feature in regard to State elections is that in all States except South Australia no constitutional requirements necessitate State public servants to resign to contest a State election in their own State. [More…]
During the debate on the introduction of the Crown Employees Bill into the Queensland Parliament in October 1958 there was discussion about whether the Bill would be constitutional if the right of reappointment was included in its provisions. [More…]
Removal of this constitutional requirement would allow public servants the same basic freedom to nominate for political office as is enjoyed by other Australian adults. [More…]
If a constitutional change is made, it may still be necessary to alter some existing legislation or regulations which unnecessarily fetter the rights of public servants to stand for election. [More…]
I am hopeful that senators and members who are interested in this question will provide me with their comments on my suggestion of a constitutional alteration. [More…]
Attention was excited in a very keen way by a proposal concerning the former Governor-General, Sir John Kerr, already by special Act of this Parliament in receipt of an ex-Governor-General ‘s salary equivalent to the retiring salary of a Chief Justiceby the way, I had the honour to contribute two vital objections to it when we voted on itbecause he had taken a notable and distinguished, and probably an epoch-making decision in the constitutional development of this country to the great satisfaction of the Australian people who registered their approval of it. [More…]
1 ) It is a fundamental right of the House to legislate on any matter within Constitutional power. [More…]
-What did they do when they were forced by the epoch-making decision of a great constitutional exponent, John Kerr, to submit themselves to the people? [More…]
At the same time it was made clear that the Australian Government, while it recognised the desirability of further investment in newsprint production being located where it would make the best use of the combined resources of the New Zealand-Australia Free Trade Area, had no constitutional authority to influence the location or nature of such further investment. [More…]
I am not certain whether this matter is on the agenda or ever has been raised for consideration at the Constitutional Convention. [More…]
Should it ever make such a policy decision, I would imagine that it would do so on the basis of its being referred to the Constitutional Convention for comment. [More…]
Their thinking was that the purpose of civilised democratic constitutional government in countries such as Britain was to carry on the traditions which had been established by the glorious Whig revolution of 1688, to take by gradual constitutional means with the consent of the electors steps towards a state of society in which, whether the means of production were publicly or privately owned, at least there was, as far as one could possibly achieve these means by legislative action, equality of opportunity amongst all of the people to live in England, which was the country with which they were dealing. [More…]
Churchill was saying that it was because there was a secure and ordered constitutional government that one person was able to pass on to his successor the fruits of his labour or the fruits of what he had inherited from somebody else’s labour. [More…]
At that time I sought the adjournment of the debate so that we could give further consideration to the position of this chamber and the position of the Commonwealth generally in relation to this Constitutional Convention which has been proceeding now for nearly six years. [More…]
I believe that one of the reasons for this is that the Constitutional Convention is basically representative of the executives of the governments of Australia and the executives of the oppositions of Australia and is not representative of the parliaments of Australia, nor of the people of Australia. [More…]
Within the total federal compact which was arrived at as a result of the numerous constitutional conventions of the 1880s and 1890s which led to federation, this chamber was created as an equal House. [More…]
The troubles we have, which are fundamental, with our Constitution in practice are because executive power has been permitted to override constitutional arrangement. [More…]
The constitutional arrangement was that we had two equal Houses. [More…]
But when we come to a constitutional convention we find that this House has six representatives and the House of Representatives has 10 representatives. [More…]
I believe that if we have delegates to a constitutional convention representing the executive governments of the houses of parliament of the various States of Australia, what we will have is discussion which takes place on the basis of what is most convenient for an executive government rather than what is in the best interests of democracy and federalism in Australia. [More…]
I think that the fiasco of the referendum last year- it was a most unfortunate fiasco- is the best demonstration I can produce of why we ought to be cautious about how we approach the next Constitutional Convention and any which are held thereafter. [More…]
Thank God for the futureology which was displayed by those people who attended the constitutional conventions of the 1880s and the 1890s’. [More…]
One of the points that the Constitutional Convention must remember is that a great Australia will depend upon the whole of Australia, not just Melbourne and Sydney; not the mob of people who are living on protection, on the well-being and the resources developed by the producer States of Australia. [More…]
It is important to bear this in mind when we are talking about the Constitutional Convention, when we are talking about safeguards, when we are talking about the role of the Senate, when we are talking about the Senate as a States House, when we are talking about the compact that was originally agreed to when people surrendered their rights to be independent and were brought together as one Australian nation. [More…]
I would like to suggest, for instance, that honourable senators ensure that this chamber receives a better and more adequate representation at the Constitutional Convention. [More…]
I wonder whether a Constitutional Convention which is a meeting of the executive nominees of the various government of Australia, a Constitutional Convention which virtually disregards one of the equal Houses of the Parliament of the Commonwealth is a Constitutional Convention which we should support. [More…]
I think there is a necessity for a little consideration to be given, even to some of the principles for an elected Constitutional Convention. [More…]
That does not mean that they have an absolute right to nominate who shall go to a Constitutional Convention, who shall participate in it and who shall express views. [More…]
I think that whilst we have an opportunity to discuss this Constitutional Convention we ought to give some thought to what it means. [More…]
That reminds me of the fact that only 1,500 words were expressed on the most controversial matter in the last four referendum proposals dealt with at the Constitutional Convention in Hobart. [More…]
I am simply saying that that is not a good enough approach to the question of constitutional amendment. [More…]
I thought this was an encouraging sign from the point of view of constitutional reform. [More…]
I believe that the arguments in relation to constitutional reform have tended to be negative. [More…]
Some people have said that there is no point in putting up proposals for constitutional reform because people will not vote for them. [More…]
It makes us believe that it is worthwhile looking to a constitutional convention which represents the people from all the States and from the various Houses of the Parliaments of Australia. [More…]
To the people who think that the future of Australia is to be found in the featherbedded areas I can only say: ‘Come on the next constitutional convention when there will be an opportunity for those who have been producing and working to talk, to ensure that the compact agreed to originally is not destroyed. [More…]
When we are talking about constitutional conventions, about a States house having inadequate representation out of the total Commonwealth parliamentary representation, and about what changes we ought to be making to the Constitution, I ask people to bear in mind that it is not unreal to suggest that many parts of Australia would be better off to go it alone than they would be to succumb to being ridden over by a feather-bedded majority. [More…]
Although there are some aspects of what he said with which I am afraid I cannot agree, I find a great deal of support for him in a number of propositions which he has made concerning the Constitutional Convention and our representation at it. [More…]
I might even say: Look at the record on constitutional change. [More…]
I feel that that is not a wonderful record in regard to constitutional change. [More…]
I hope that in the future we will see a lot more support for constitutional change. [More…]
I am saying - I am agreeing strongly with Senator Rae- that a popularly elected convention would bring a great deal more knowledge of and concern for constitutional change to the people of Australia. [More…]
What I am saying is that if we moved now to an elected convention where people had to choose delegates and had to think whether those people would be the most suitable persons to be delegates at a convention for the purpose of looking at a constitutional change, I believe we would have a better understanding of the proposals that are put forward. [More…]
Probably there would be much more interest taken by the public, Press and others in the workings of the Constitutional Convention than is taken at the moment. [More…]
That has too much of a constitutional flavour. [More…]
While supporting this motion, nonetheless we ought to recognise the thin nature of the popular support for constitutional change at present. [More…]
Nonetheless, we are in agreement upon the essential importance of the Senate of constitutional change and on the need for greater knowledge and deep understanding of it, and on the need for a democratically elected convention. [More…]
I know that my own colleagues have raised a number of matters concerning the Constitutional Convention. [More…]
I believe that the quality of the senators at the Constitutional Convention far outweighs the numerical strength they will bring to bear. [More…]
It shows that there is more goodwill about for constitutional reform than some people imagine. [More…]
The Constitutional Convention is a method of getting the Commonwealth Parliament, which is the lone initiator of referendum proposals, to put certain things to the people. [More…]
Yes, we still rely on quality from Western Australia because, like going to the Constitutional Convention, we might not have the numbers but we have the quality. [More…]
At the same time the State governments, acting under their constitutional powers, have set up a series of committees to look at post-secondary education. [More…]
There is no question of constitutional or legal principle involved, since the change will make practice in this matter consistent with that in other situations where the [More…]
I present the report and evidence from the Senate Standing Committee on Constitutional and Legal Affairs on the priority of Crown debts. [More…]
-The Opposition senators who are on the Senate Standing Committee on Constitutional and Legal Affairs associate themselves with the remarks made by Senator Missen in bringing down this report. [More…]
Secondly, the arrangements should be free of any significant constitutional or other legal doubt; [More…]
He has disagreed with his Party on matters so diverse as life insurance; land tax; civil aviation; matters affecting the sugar, wool, meat and wheat industries; on parliamentary retiring allowances in both 1955 and 1959; on parliamentary allowances in 1959 and 1967; on the stevedoring industry; on tariffs and customs; on matrimonial causes; on broadcasting and television; on the Australian Conciliation and Arbitration Act; on trade practices; on constitutional alteration and on many other matters. [More…]
What is likely to be the normal situation now under the new constitutional arrangements is that the elections of the Senate and the House of Representatives will be held simultaneously. [More…]
I present the report of the Senate Standing Committee on Constitutional and Legal Affairs on the annual reports referred to the Committee. [More…]
I do not wish to speak at any length on this matter at the moment except to commend the Chairman of the Standing Committee on Constitutional and Legal Affairs on his report on a very significant matter which has been occasioning concern for a great many years. [More…]
I inform the Senate that I have received letters from the Minister for Education (Senator Carrick) and the Leader of the Opposition in the Senate (Senator Wriedt) requesting that Senators Button, Devitt, Tehan and Wheeldon be discharged from further service on the Standing Committee on Constitutional and Legal Affairs and nominating Senators Cavanagh, Keeffe, Lewis and O’Byrne to be members of the Committee. [More…]
That Senators Button, Devitt, Tehan and Wheeldon be discharged from further service on the Standing Committee on Constitutional and Legal Affairs and that Senators Cavanagh, Keeffe, Lewis and O’Byrne, having been duly nominated in accordance with Standing Order 36AA be appointed members of the Committee. [More…]
Senator Sir REGINALD WRIGHT (Tasmania) (4.21)- There are two matters that I would have wished the Attorney-General (Senator Durack) to be present to deal with personally because, without any reflection upon Senator Guilfoyle whose presence is always welcomed, there are two matters that were raised in Committee that I think are of fundamental constitutional importance. [More…]
In our Parliament it is a constitutional requirement for validity. [More…]
Senator Sir REGINALD WRIGHT (Tasmania) (9.18)- I will not speak unless the Senate is in constitutional validity. [More…]
In a very real sense, the constitutional history of the Northern Territory since that date reflects the endeavours of the people of the Territory to regain the rights which they lost in 1 9 10. [More…]
However, there can be little doubt that, while not conferring statehood, the Bill now before the House will, when enacted, represent the most significant advance to date in the constitutional development of the Northern Territory. [More…]
The Bill now before the Senate represents in a very real sense, a continuation of the endeavours of honourable members and senators on both sides of the Parliament to meet the legitimate constitutional aspirations of the Northern Territory community. [More…]
As is appropriate in a measure of this type, the Bill commences with a preambular statement of the intention of the Parliament and the constitutional authority for giving effect to that intention. [More…]
The miscellaneous provisions in Part VI cover a series of constitutional-type guarantees in relations to the freedom of trade and the acquisition of property on just terms. [More…]
It would be inappropriate for me to let this occasion pass without paying tribute to the people who, over the years, have made a significant contribution to the constitutional history of the Northern Territory. [More…]
They are people who, while holding divergent political views, have been united and tireless in working and pressing the case for constitutional reform. [More…]
The additional amount would be allocated across the board on a uniform basis, in accordance with the constitutional requirements that bounties be uniform across Australia, to those factories which wished to receive an increased quota. [More…]
1 ) the Northern Territory (Self Government) Bill 1978 should not be passed until a plebiscite has shown that voters in the Northern Territory approve the financial and constitutional provisions due to take effect on 1 July 1978; and [More…]
The financial implications of the Territory’s moves towards self-government are the least understood area of the current historic constitutional development. [More…]
Under this Bill the Administrator- and no doubt some of the lawyers who may speak to this legislation will have some comments to makeseems to have undue constitutional power. [More…]
However, I must say that in the last year or two, although Opposition members have indicated in a manner their support for these constitutional changes, they have been party to a continual questioning and erosion process which I do not think helps the Bill. [More…]
I wish to retrace briefly the steps of constitutional change over the years. [More…]
One can best describe this most important constitutional change over the years as the political pioneering of the Northern Territory, lt has indeed been an extremely hard road. [More…]
One can learn from the history of these pioneering giants who did so much for the Territory in those days, the various ways in which they produced, by continual battling with the Federal Government, a situation in which their rights were recognised and by degrees, they enjoyed increasing constitutional change. [More…]
In 1959 there was a further constitutional change. [More…]
Because of the strength of their representation and their voice that echoed throughout Australia there were, by degrees, constitutional changes. [More…]
It was an odd situation but, thank goodness, that constitutional change did not last for long. [More…]
I think the least I should do is perhaps to name one or two of the people who I consider to be political giants- people who have endeavoured to make history and who have helped the Northen Territory achieve this important milestone in its constitutional development. [More…]
the Northern Territory (Self-Government) Bill 1978 should not be passed until a plebiscite has shown that voters in the Northern Territory approve the financial and constitutional provisions due to take effect on 1 July 1 978 . [More…]
I am vitally concerned with this legislation dealing with selfgovernment for the Northern Territory, because I was one of the members of the Committee which was set up by the Whitlam Government immediately after our election to government in 1972, to look at and report on constitutional development for the Northern Territory. [More…]
In fact I was a member of the committee which inquired into constitutional reform for the Northern Territory. [More…]
I have said that I was a member of the committee, chaired by Bert James, which was set up by the Whitlam Government to look into the question of constitutional reform for the Northern Territory. [More…]
The Bill has been produced in an unnecessarily confidential or secretive manner, which has prevented the Government from having the benefit of the kind of wide-ranging discussions that are desirable in areas of constitutional reform. [More…]
I would hope that the Senate, particularly Territory representatives, would consider whether there should be reference to a Senate committee of the question of further constitutional development- with a view to ensuring a public avenue of debate and consultation that can be used in the Northern Territory by the Opposition, by the majority party, by the public and by all interested parties. [More…]
He can point out constitutional weaknesses, but in the final analysis, it is my contention and the thrust of our argument, he must take the advice of the elected representatives of the Legislative Assembly. [More…]
The need for five separate Acts arises from a constitutional requirement that laws imposing taxes should deal with one subject of taxation only. [More…]
Negotiations with the States have been proceeding to clear up problems arising out of our limitations of constitutional power in this area. [More…]
There is a good deal in common in freedom of information laws in other countries in the kinds of information protected from mandatory disclosure, notwithstanding differences in the constitutional and administrative structures within which those laws operate. [More…]
Sub-clause (7) of clause 5, referred to by Senator Walsh, is designed to make the legislation constitutional. [More…]
If the Government is confident that it has the constitutional power, through its taxing powers and so on, to make this legislation operative or to achieve the purposes sought by this legislation, why did the Minister go on to talk about the Commonwealth having recourse to section 96 grants if any State really wanted to play it tough? [More…]
She has, however, in that period achieved a significant first: She was the first senator to come into this place to fill a casual vacancy under the new constitutional provisions approved at the 1977 referendum. [More…]
I have done what I can for constitutional development. [More…]
It is nice to remember that having been on the Constitutional Review Committee with a dissenting report in favour of maintenance of the Senate powers, in the only three referenda that have been put forward on this matter either by my side or by the Opposition, the majority of the Australian people, according to the Constitution, have not accepted the view that was put that the Senate power should be eroded. [More…]
Coming here as I did less than three years ago, I thought I knew a bit about constitutional history and the set-up of the Australian Constitution. [More…]
I suppose one of the lighter experiences I enjoyed was to go to lunch at the Constitutional and Legal Affairs Committee and listen to two other lawyers- Senator Chaney and Senator Wheeldon- exchanging repartee, embellished by comments from Senator Button and Senator Missen. [More…]
I inform the Senate that I have received from the Leader of the Opposition a letter nominating Senator Tate as a member of the Commonwealth Parliament Delegation to the Constitutional Convention in place of Senator James McClelland, who has ceased to be a member of the Parliament. [More…]
1 ) Did the Minister refuse, on 8 September 1977, to make public a report of the interdepartmental committee established to advise the Government on the constitutional, financial and administrative issues associated with the transfer of executive responsibility to the Northern Territory Legislative Assembly; if so, why. [More…]
In response to a request from Mr J. McMillan, Lecturer in Law at the University of New South Wales, on 15 August 1977 for access to the report, I advised Mr McMillan on 8 September that I would not release the report of the interdepartmental committee established to advise the Government on the constitutional, financial and administrative issues associated with the transfer of executive responsibility to the Northern Territory Legislative Assembly because its contents were very much in the nature of policy advice proffered to the Government for its deliberation. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: The desirability and practicability of consulting the Australian people on whether or not they wish to have the right to initiate Federal legislation, with particular reference to- [More…]
the possible reference of the question to a Constitutional Convention of which half the membership would be members of the public and the other half would be members of Parliament, elected by both Houses, at a Joint Sitting. [More…]
It is carefully designed to achieve that result with a constitutional power of the Commonwealth, given by the 1 967 referendum, to make special laws for the people of any race for whom it is deemed necessary. [More…]
What the Opposition is suggesting is that under the Constitutional powers which were obtained in 1967 there should be legislation by the Commonwealth to take over the land constituting the local government areas which formerly were reserves. [More…]
My criticism would simply be that I believe that point of view underrates both the Constitutional complexities and the community problems that we face in this issue. [More…]
In any event I think it was Senator Durack who, as the Minister in charge of the Bill, agreed to send it off to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Constitutional and Legal Affairs Committee was able to consider the Bill in the quieter circumstances of a committee meeting. [More…]
If I may refer to the committee of which I am Chairman, the Standing Committee on Constitutional and Legal Affairs, it often has been very valuable to that Committee to have a qualified lawyer, a lecturer in law or someone like that - [More…]
For example, when the Committee on Constitutional and Legal Affairs did a reference on the Evidence Act in the Australian Capital Territory the lecturer in law at the Australian National University was there and discussed various clauses, made suggestions, did some drafting and came up with proposals. [More…]
These arguments have been raised at the Constitutional Convention. [More…]
Before that, the Family Law Bill had been examined by the Standing Committee on Constitutional and Legal Affairs as part of its examination of the reference on the then existing divorce law. [More…]
It was 10 years after the Matrimonial Causes Act commenced that the Standing Committee on Constitutional and Legal Affairs was given the reference on the state of the divorce law. [More…]
Those of us who were associated with the Senate Standing Committee on Constitutional and Legal Affairs at the time it dealt with the family law legislation when it was before the Senate will recall that many of the issues which now re-emerge in the terms of reference of the select committee were gone over fairly thoroughly by the Constitutional and Legal Affairs Committee. [More…]
I think it is a matter of regret that because the family law legislation was not voted on along party lines in the Senate the Government did not see fit to consult with the Opposition regarding the terms of reference of this joint select committee which, as I said, canvasses much the same grounds as the Constitutional and Legal Affairs Committee canvassed in 1974 and 1975 and indeed members of this Senate canvassed in the debate that took place when the legislation was considered on totally non-party lines. [More…]
I want to make one other comment: That relates to the constitutional difficulties which have occurred since the Family Law Bill became law, particularly those which have occurred in relation to custody and maintenance matters. [More…]
These were adverted to by the Senate Standing Committee on Constitutional and Legal Affairs in 1975. [More…]
Because of the constitutional hang-ups which loomed large in the minds of Government senators it was not possible for them to agree with that view at the time. [More…]
Many of the matters which will now be included in the terms of reference arise as a result of a failure to grapple with those issues in 1 975 either in constitutional terms or by means of seeking agreement between the States on the referral of certain powers to the Commonwealth Government. [More…]
The South Pacific Commission, as the delegation discovered, faces some increasing problems because as the constitutional process has continued in the South Pacific the role of the Commission has tended to be questioned in some respects by the emerging countries of the region. [More…]
Two other small but, in the South Pacific context, important countries that we visited have recently been going through the process of constitutional change and facing all the difficulties that go with that. [More…]
Therefore the Committee has in its report very properly drawn attention to the constitutional development of the South Pacific nations and has reminded us all of the very many problems, opportunities, circumstances and relationships that closer contacts with external countries have yielded. [More…]
On the other hand, there is obviously a need to reorder the position on offences at sea as soon as possible, and in that regard for this Parliament to deal with those cases that come under the Commonwealth’s constitutional powers. [More…]
That the Freedom of Information Bill 1 978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible. [More…]
Why should this matter now, in 1 978, be referred to the Senate Committee on Constitutional and Legal Affairs? [More…]
It is a valid criticism of the Bill and one which justifies referring this legislation to the Senate Committee on Constitutional and Legal [More…]
I refer to that statement because that is the nub of what we are saying in seeking to have this matter referred to the Constitutional and Legal Affairs Committee. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: The desirability and practibility of consulting the Australian people on whether or not they wish to have the right to initiate Federal legislation, with particular reference to- [More…]
the possible reference of the question to a Constitutional Convention of which half the membership would be members of the public and the other half would be members of Parliament, elected by both Houses, at a Joint Sitting. [More…]
That I think is one of the matters that the Standing Committee on Constitutional and Legal Affairs should consider. [More…]
-It is with no little trepidation that I rise for the first time to address this House, given the frequency and vigour with which in the past, wearing a variety of academic and lawyerly hats, 1 have expressed my views as to its undemocratic character, its irresponsible conduct and its insupportable delusions of constitutional grandeur. [More…]
I take this opportunity to place on record my unshakeable determination- along with that of my Labor Party colleagues- to ensure that the constitutional outrages of 1974 and 1975 are never again repeated. [More…]
Meteorology is one of the few areas where the Commonwealth has a direct constitutional role but it has not been given the support that it warrants. [More…]
It was accepted that in order to enable the Government of the day to fulfil the constitutional requirements imposed, this method of accounting should be adopted and was recognised as such. [More…]
The Government is hanging that, as is traditional, I admit, on the constitutional defence powers. [More…]
I stress again for the record this year that there is no intention, nor would there be even if we were able, on the part of the Opposition to delay, much less to reject, this Bill because we stand on the principle, spelt out very ably by Senator McAuliffe in his contribution, that this is legislation which over the years has been accepted as normal Government accounting procedure to meet the constitutional requirements. [More…]
Of course I am no constitutional expert but recently something occurred to me in Queensland and my attention was attracted to this section by the counsel whom I engaged to defend me on the charge that was brought against me by the Queensland Police. [More…]
I ask you, Mr President, whether at some time someone can pay some attention to the consequences which may flow from this constitutional provision. [More…]
I want someone on one of our committees, perhaps the Senate Standing Committee on Constitutional and Legal Affairs, to take a look at this matter. [More…]
The tragedy of the Constitutional Conventions is the chance that is being missed. [More…]
The proposal on simultaneous elections that was put to the people last year, and rejected by them then, was produced by the Joint Select Committee on Constitutional Review in 1959 and was endorsed by the 1976 Hobart Constitutional Convention. [More…]
All that would be needed would be to have a constitutional provision that if a government could not be formed in the House of Representatives there should be an election for a new House of Representatives to complete the unexpired portion of the fixed term. [More…]
The principal author of the Constitution, Griffith, was clearly of the opinion that the logical inconsistency would work itself out in practice, presumably through constitutional amendments. [More…]
Deakin summed it up very well at the Constitutional Convention 80 years ago when he said: The contest will not be, never has been and cannot be between States and States. [More…]
Recently there was a conference to discuss constitutional matters at which only certain interests had representation. [More…]
If this were to happen, the Senate would lack power and credibility and its constitutional roles would be emasculated. [More…]
Increases in compensation payments to injured employees and to survivors of deceased employees when the constitutional difficulties occurred during 1975 were deferred and were not in fact approved until a year later in 1976. [More…]
To wind up, the last point that I make is this: The outburst of the Premier was not just intemperate, illogical and wrong headed- indeed extraordinarily so given the position and status which he occupies in our constitutional systembut it also raises, I would suggest, quite serious questions about the privileges of the members of this Parliament. [More…]
It is not only speakers on this side of the Senate but also people throughout the whole of the community who say that the Government has the constitutional authority to acquire land and to hand it over to the Aborigines. [More…]
I often wonder- I have some doubts- whether the Government has such constitutional power. [More…]
I am of the belief that the legal advisers to the Government and the Department of Aboriginal Affairs also may have some doubts as to whether the Commonwealth has the constitutional power to take over land for Aborigines. [More…]
Many legal authorities whom we could accept as constitutional authorities have expressed this doubt. [More…]
I was fortunate in the short time that I was a member of the Senate Standing Committee on Constitutional and Legal Affairs to get, without a meeting having been held, a report from Professor Colin Howard, the Dean of the Faculty of Law at the University of Melbourne on the paper he gave to Mr Justice Kirby, the Chairman of the Law Reform Commission, on the question of Aboriginal law. [More…]
I think that so far it is a privileged document, although it was given to the Constitutional and Legal Affairs Committee with the approval of Professor Howard. [More…]
I came back with the question of whether constitutional law could be declared to be unconstitutional because of a change in date. [More…]
Until 1967 that was the constitutional position. [More…]
It was claimed that this constitutional provision discriminated against Aborigines insofar as the same laws could not apply to them as applied to other people. [More…]
There are two ways to legislate when there is constitutional doubt. [More…]
-The Opposition associates itself with the conclusions and the general tone of this report of the Senate Standing Committee on Constitutional and Legal Affairs on the priority of Crown debts. [More…]
This is the first report of the Senate Standing Committee on Constitutional and Legal Affairs which I have had the pleasure of perusing as a senator. [More…]
The report of the Senate Standing Committee on Constitutional and Legal Affairs which we are now discussing is not perhaps of the same substance as the one discussed previously tonight. [More…]
The report of the Senate Standing Committee on Constitutional and Legal Affairs deals with the routine work of the Senate committees, as do the reports of Senator Jessop ‘s Committee and others. [More…]
First of all might I say how interested I was in what my colleague, Senator Missen, said about the determinations of the Senate Standing Committee on Constitutional and Legal Affairs, of which he is Chairman. [More…]
In a very real sense, the constitutional history of the Northern Territory since that date reflects the endeavours of the people of the Territory to regain the rights which they lost in 1910’. [More…]
Since that time the relationship of the Administator to the Commonwealth minister has been legislatively prescribed, and as legislative institutions were established as I have related, the Administrator’s place within the constitutional structure changed. [More…]
Even though I claim to be a constitutional lawyer, I should, as I said I would, exercise decent restraint in narrating this history. [More…]
I have recited the bare bones; it is necessary to an understanding of the significance of the events which have led to the establishment of this new constitutional status for the Northern Territory. [More…]
I think that it was fitting that the Commonwealth Minister in his speech on the second reading of the Northern Territory (Self-Government) Bill should have pointed out that successive federal governments of differing complexion have promoted the development and changing constitutional status of the Territory. [More…]
As I said before, the constitutional responsibility for water matters rests almost entirely with the respective States. [More…]
They have a constitutional role. [More…]
The Committee is of the opinion that the constitutional role should be maintained. [More…]
The actual form of it has been dictated by Standing Orders and constitutional requirements. [More…]
This motion is taken pretty much from the Australian Democrats draft policy on electoral and constitutional reform. [More…]
Therefore it can make whatever arrangements, for better or worse, that it so desires under its own constitutional responsibility. [More…]
With respect to the Crimes (Foreign Incursions and Recruitment) Bill 1977, the clauses of that Bill were referred to the Standing Committee on Constitutional and Legal Affairs when the Bill was being considered in Committee of the Whole. [More…]
Those matters are squarely within the present reference of the Standing Committee on Constitutional and Legal Affairs in relation to the delegation of parliamentary authority. [More…]
The third aspect of this item is a question related to the regulation-making powers which seem to come very much within the province of the Standing Committee on Constitutional and Legal Affairs, which is presently looking into a reference relating to the scrutiny of Bills before the Parliament. [More…]
What the Committee has done is to raise these three questions and to propose in its report that the Senate Standing Committee on Constitutional and Legal Affairs may, in examining its particular references, look at these items. [More…]
The High Court should be free to concentrate on its role as a constitutional and appellate court in matters of general importance. [More…]
Thus in some cases where a statute now confers a right to proceed against the Commonwealth in the High Court, repeal of the statutory provision would still leave intact the constitutional jurisdiction of the High Court in matters in which the Commonwealth is suing or being sued. [More…]
This is in line with the policy of giving Territory Supreme Courts, within constitutional limits, a status equal to that of State Supreme Courts. [More…]
I also remind the Senate that the Senate Standing Committee on Constitutional and Legal Affairs, admittedly before the legislation was adopted, took a very wide-ranging series of viewpoints and assessments from a vast range of groups in this community on what the effects of this legislation would be. [More…]
Until recently, it has been generally accepted that the Commonwealth constitutional power to legislate in respect of trade marks did not extend to marks used in relation to services. [More…]
-by leave-I said as much as I had to say and as much as I believe that it is really appropriate to say when I moved the motion that this matter be referred to the Standing Committee on Constitutional and Legal Affairs. [More…]
That the Archives Bill 1978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible, in so far as the Bill relates to issues common to or related to the inquiry into the Freedom of Information Bill 1978. [More…]
For that reason it is felt appropriate that the Senate Standing Committee on Constitutional and Legal Affairs should examine that Bill at the same time. [More…]
I envisage that the major inquiry of the Senate Standing Committee on Constitutional and Legal Affairs would be directed towards the provisions of the freedom of information legislation, and it may be that after the members of the Committee determine what principles they think should apply in relation to that legislation they could as a more supplementary matter examine the terms of the Archives Bill to see whether they think that those principles are appropriate for application to legislation of that kind. [More…]
From the point of view of the Committee it might be quite a small reference and it may be that from time to time the Standing Committee on Education and the Arts would want to consult with the Standing Committee on Constitutional and Legal Affairs about the matters which it is considering in relation to the Archives Bill. [More…]
The Government will not oppose the motion as amended now by Senator Button to refer the Freedom of Information Bill and the Archives Bill to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Senator Button has made out a case for the reference of the Freedom of Information Bill to the Senate Standing Committee on Constitutional and [More…]
1 am not a member of the standing committee of the Senate which will examine the legal and constitutional aspects. [More…]
I hope that the Senate Standing Committee on Constitutional and Legal Affairs will examine that exemption. [More…]
I would ask that the Senate Standing Committee on Constitutional and Legal Affairs examine the reservations as expressed by Professor Shaw and take account of them when reviewing the legislation. [More…]
As chairman of the Senate Standing Committee on Constitutional and Legal Affairs I believe that I represent the views of members of the Committee when I say we welcome the motion to refer these two Bills to the Committee. [More…]
What I hope the Constitutional and Legal Affairs Committee would expect to do would be to conduct the most thorough and extensive inquiry that has ever been carried out by a Senate committee. [More…]
-I support the reference of the Freedom of Information Bill and the associated Archives Bill to the Senate Standing Committee on Legal and Constitutional Affairs, of which I am a member. [More…]
I believe that the Senate Standing Committee on Constitutional and Legal Affairs, whilst it does contain among its members, including especially Senator Missen and myself, senators who have been publicly and vigorously critical of the Bill as it stands, will approach this Bill constructively and with a full appreciation of the difficulties and sensitivities that are involved in meshing it in with our system of government. [More…]
Certainly, speaking on behalf of the Senate Standing Committee on Education and the Arts, I look forward to co-operation and conversation with the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I have absolute confidence that Senator Evans, as a member of the Senate Standing Committee on Constitutional and Legal Affairs, will discharge his obligations in an impartial way and will be, as indeed he always is, open to persuasion in relation to the issues and the evidence which will come before the Committee. [More…]
I am sure, in all charity, that Senator Lewis has gone back to his room to prepare a submission to the Senate Standing Committee on Constitutional and Legal Affairs about the issues involved in this debate on the freedom of information legislation. [More…]
Despite recent history, I remain unconcerned with the controversies surrounding the existence and acceptance of the constitutional powers of the Senate. [More…]
As has been pointed out by others on more than one occasion, we in the Senate provide one of the more important checks and balances within our constitutional democracy. [More…]
Our constitutional obligations can be further strengthened, by developing the Senate ‘s other powers of scrutiny and review of federal affairs. [More…]
While not being unreasonably resistant to change, we owe it to future generations to examine carefully proposals which may be said to alter our constitutional rights and objectives in the name of ‘progress’. [More…]
I hope at some appropriate time that we can give further consideration to the question of a constitutional amendment. [More…]
Although those developments did not originally have the force of law, the decree of 1972 to which I have referred was in fact adopted very briskly thereafter as guidelines by the respective State and Federal bureaucracies in West Germany and received the imprimatur of the West German Supreme Constitutional Court in 1975. [More…]
I think there are constitutional difficulties as well in this area and the solution to the problem has escaped the large number of people who have been looking at it. [More…]
There are many things wrong with this approach, quite apart from the fact that we probably have not the constitutional power to do anything effective about it anyway. [More…]
The Government has constitutional power over exports. [More…]
I particularly wish to refer to the Honourable Sir Reginald Wright who, for 29 years, untiringly fought to uphold legal and constitutional propriety and sought to maintain the Senate as a strict House of review. [More…]
He attributed to the Assembly a capacity, a constitutional power, beyond its constituted limits. [More…]
I point out in regard to this tremendously important question of the respect that should be paid to the Assembly’s view that the Senate Standing Committee on Constitutional and Legal Affairs had to consider this type of problem when it dealt with the Evidence (Australian Capital Territory) Bill 1972. [More…]
The question of self-government or constitutional development in the Capital Territory is to be decided by the people of the Capital Territory by the most democratic possible means- a referendum- on 25 November. [More…]
When the Whitlam Government was in office, I was part of a joint parliamentary committee which undertook an inquiry into constitutional reform for the Northern Territory. [More…]
We decided- the Government accepted our report- that there should be constitutional reform in the Northern Territory. [More…]
The matter relates to the provision by the Government to Australian university law schools of transcripts of argument in constitutional cases which was raised at that stage of the Committee’s hearings. [More…]
Briefly, the situation is that back in July 1975 the then Labor Attorney-General, Mr Enderby, approved the supply to university law schools of such transcript of constitutional litigation. [More…]
The order of magnitude that we are talking about is transcript for some 10 or 12 constitutional cases, because that is all that are, being heard per annum by the High Court. [More…]
I have, of course, listened on two occasions to the views of Senator Evans on the question of the provision of transcripts of arguments in constitutional cases. [More…]
In fact, the interest in the River Murray originated as far back as the 1890s in the Constitutional Convention which dealt more with trade and shipping on the river than with the water itself. [More…]
It does not of course overcome the fundamental constitutional problem in that even though the Commission may take into account the quality of water, the question remains of how a commission of this kind can enforce regulations over such matters when the powers still remain with the States. [More…]
Will steps be taken to amend the Constitution to enable the Court to give advisory opinions, as was strongly suggested at the recent Constitutional Convention held in Perth. [More…]
But if he moved a motion- he is indicating by nodding his head that he would do so if it were not for the constitutional restrictions- requesting additional funds for this road, it would become quite clear that what we were asking for, if the motion were accepted, was an additional allocation in the Budget; in other words, either for a greater Budget deficit or for the imposition of more taxation. [More…]
Whilst Senator Bishop under our constitutional restrictions could not have moved a motion requesting an alteration to the appropriation, he could have moved a request that an additional appropriation for the purpose of building the Stuart Highway. [More…]
Senator Kilgariff would know about that, because he gave evidence before the Joint Parliamentary Committee on Constitutional Reform for the Northern Territory, of which I was a member. [More…]
It is now being closely studied by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Committee will thus be making recommendations directly relevant to the future constitutional status of the Capital Territory. [More…]
The Foot and Mouth Disease Act 1961 provided also for payment of compensation to stockowners in the Northern Territory, but the present Bill reflects the recent constitutional developments in the Northern Territory and thus relates only to the Australian Capital Territory. [More…]
It brings it into line with the constitutional legal status that it has of being on a par with the taking of an oath. [More…]
The High Court building will be one of the most significant National buildings in Australia befitting the constitutional status of the High Court. [More…]
I present two reports from the Standing Committee on Constitutional and Legal Affairs on scrutiny of Bills and delegation of parliamentary authority respectively. [More…]
Nor is there any legal limit on Parliament’s power to confer administrative authority, and other forms of power short of legislative power, provided that such conferring is otherwise within the Commonwealth’s range of constitutional powers. [More…]
I would not wish Senator Missen ‘s reference to the legal input of Senator Tate and myself- we are both, after all, lawyers and, what is worse, constitutional lawyers and even worse still, former academic lawyers- to mislead anyone into thinking that these reports are just a lawyer’s exercise of the usual exotic, technical and, for the most part, unintelligible kind to which lawyers are prone. [More…]
It is my hope, and the hope of all the Committee members, that the recommendation of the Senate Standing Committee on Constitutional and Legal Affairs for the establishment of a joint committee on the scrutiny of Bills will be adopted by this Parliament and that in due course, just as with the Regulations and Ordinances Committee, it will become a model that will be equally widely praised and adopted throughout the Westminster parliamentary world. [More…]
-The Senate does not need me or the Standing Committee on Constitutional and Legal Affairs to tell it what an unhappy chain of backsliding has been involved in the Commonwealth’s dealings with the Aurukun and Mornington Island communities over the last few months. [More…]
Indeed, the very existence of the Commonwealth’s constitutional powers to act in this area has been called into question. [More…]
That power was conferred upon the Commonwealth in those terms in the 1967 constitutional referendum. [More…]
-by leave- It was on a motion that I moved that this matter was referred to the Standing Committee on Constitutional and Legal Affairs for investigation and report. [More…]
The amendments needed to achieve this are somewhat voluminous but this is mainly due to the constitutional requirement that an Act imposing taxation shall deal with only one subject of taxation. [More…]
It was also recommended, with respect to the Australian Capital Territory, in a report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Earlier this afternoon a proposal was put forward in a report presented by the Senate Standing Committee on Constitutional and Legal Affairs that Bills should be scrutinised in order to ensure that they are not in conflict with our ordinary civil liberties. [More…]
I rise not to speak on any policy issue underlying this Bill but on a matter which I submit is equally appropriate for a house of review to contemplate- the question of the constitutional validity of this Bill if it is enacted in its present form. [More…]
I make the further point that there is no basic constitutional limitation on the Commonwealth’s ability to impose whatever rate of taxation it likes on packaging as such but there are some very real constitutional limitations on the form of presentation in which that legislation can be brought forward. [More…]
It may well be, and I am putting the point quite strongly to the Minister, that this legislation will be unconstitutional in its present form, and, even worse, will throw into doubt the constitutional validity of the whole Customs Act if it can be perceived to impose a duty of taxation. [More…]
I also thank Senator Evans for his contribution and noted his learned comments on the constitutional pitfalls in the path of any government under our federal system. [More…]
The Standing Committee on Constitutional and Legal Affairs, having read a speech that I made in this chamber last week, today brought down a recommendation which would suggest that the Parliament is not competent to make a logical decision unless it has someone looking over its shoulder and guiding it. [More…]
I have come to the conclusion that if a recommendation were brought down concerning an alteration to an Act- whether it be done by me, by some legal member of the House or by the committee that the Constitutional and Legal Affairs Committee may desire to establish- the relevant Minister in this chamber would be unable, under this Government, to accept it, even when it is pointed out that the Act is wrong. [More…]
It is not the function of that Committee to perform that particular role and, indeed, that is the reason why the Constitutional and Legal Affairs Committee, in its report which was tabled today in this Parliament, recommended very strongly the case for the establishment of a further joint committee of this Parliament to scrutinise Bills for various deficiencies of exactly the kind that Senator Cavanagh has drawn our attention to tonight. [More…]
The most that any committee could do if a matter like this were referred to it and the most that a joint committee could do, if one of the kind that the Constitutional and Legal Affairs Committee has recommended were already established, would simply be to report back to this chamber the deficiencies in the legislation in question. [More…]
Article 70, however, authorises the suspension of certain Constitutional guarantees by the executive power “when the security of the State demands it”. [More…]
Their interest in the development of the Territory and the aspirations of its people have been evidenced by successive enactments of the Commonwealth Parliament which have brought this Assembly to its present constitutional status, and we accept this generous gift as a further earnest of their continuing concern. [More…]
The Swanson Committee reported in favour of such national legislation and the Senate Standing Committee on Constitutional and Legal Affairs, whose report I tabled in this Parliament in December 1976, likewise reported in favour of legislation. [More…]
A whole new set of constitutional powers is being wheeled in to sustain the legislation, not just the previous power in section 51 (20) of the Constitution relating to corporations. [More…]
I believe, quite on the contrary, that this legislation is in some real measure due to the recommendations of organisations such as the Swanson Committee, a Senate select committee and the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Other Austraiian adults enjoy the freedom of nominating for political office without being required, by virtue of constitutional provisions, to resign from their current employment. [More…]
No further constitutional changes are required to allow the necessary complementary legislative amendments to be made. [More…]
The Parliament, according to constitutional theory, is solely responsible for appropriating public moneys prior to expenditure. [More…]
According to the report of the Senate Standing Committee on Constitutional and Legal Affairs the Federal Government has the power to acquire the land, but it has done nothing about it, even though the Commission was prepared to make the highest bid for the property. [More…]
In 1975, South Africa officially recognised the international status of the territory and decided to initiate its own discussions in Namibia towards a constitutional settlement. [More…]
The five Western members of the Security Council (the United Kingdom, the United States of America, France, West Germany, Canada) in 1977 advised South Africa that its constitutional proposals arising out of these consultations would not gain international approval. [More…]
I do not do so for any narrow, legalistic or pedantic purpose but because I consider it crucial to policy, and in any case constitutional, to make it clear that the Federal Parliament is not abandoning its total ability to determine what shall or shall not be offences beyond the low water mark and the manner in which they are to be determined and disposed of. [More…]
The other important point to be made- I do appreciate that honourable senators who have spoken recognised this- is that this measure is the first in what I hope will be a series of Bills to be considered and passed by this Parliament over the next 12 months or more to give effect to the constitutional settlement reached at the last two Premiers conferences regarding the control of the offshore areas of Australia as a result of the decision of the High Court in the Seas and Submerged Lands Case. [More…]
The fact is that the basis of that constitutional settlement is that the Commonwealth is recognising the traditional exercise of jurisdiction by the States in the territorial sea adjacent to their coasts. [More…]
However, because Senator Tate raised the matter I wanted to emphasise that this is the first of a series of measures to give effect to that constitutional settlement. [More…]
But I do mind our Territory- it belongs to all of us, not just the governing group- being held up to ridicule and I object to our Territory starting on the wrong foot on its path to constitutional development. [More…]
Its jurisdiction does not extend to prices charged by unincorporated enterprises for goods and services because of the Constitutional basis on which the Act rests. [More…]
That the following matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs: [More…]
That the following matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs: The petition relating to the right of citizen initiative, presented to the Senate on 2 1 February 1 979 by Senator Mason. [More…]
We have sought reference of this matter to the Standing Committee on Constitutional and Legal Affairs because it is plainly the most appropriate Committee to deal with such a matter. [More…]
I think that Committee is busy because there is a much greater interest now in constitutional change in Australia than there has been in the past. [More…]
Of course, a constitutional change would be necessary to introduce this power in Australia. [More…]
I think it is fair to say that the Australian Labor Party, both in opposition and in government, has always taken the view that the High Court should not be snowed under with original jurisdiction but should be the true pinnacle of the court system in Australia, an appellate court, a constitutional court, and a court which deals with intergovernmental disputes. [More…]
The objective of the Bill is to make the necessary detailed jurisdictional changes in order to complete the achievement of what the Government describes as a coordinated structure of Federal and State courts in Australia- a system in which the High Court is freed of a good deal of its previous original and appellate jurisdiction in order to be able to concentrate its scarce resources and efforts on appellate matters of major significance; a system in which the new Federal Court is vested with both appellate and original jurisdiction in a variety of matters, including the whole jurisdiction of the previous Bankruptcy and industrial courts and appellate jurisdiction from the Territory Supreme Courts; and thirdly, a system in which the State and Territory Supreme Courts become the primary trial courts in their respective areas with the State courts exercising in addition a more significant role than hitherto in the application of federal law- for example, in tax and industrial property questions and also to some extent in constitutional litigation at first instance. [More…]
At the Constitutional Convention which took place in Perth last year this question was again the subject of a major debate which culminated in a resolution expressing, quite surprisingly to many delegates and observers in prospect, quite overwhelming support for the concept of the creation by agreement of a single Australian court system. [More…]
Another major and very familiar problem area is of course that of family law, where, as is quite well known, the High Court has held in the case of Russell and Russell that there are constitutional inhibitions on the Federal Family Court being able to deal with the full range of matters that can arise in matrimonial and particularly child custody cases. [More…]
Certainly the family law type situation could, as the honourable senator indicates, be solved by the State governments being much more willing than they hitherto have been to refer to the Commonwealth under the constitutional provision in section 51(xxxvii), the exercise of legislative power in respect of certain presently exclusive State matters. [More…]
There may be some constitutional difficulties in that, although there are differing views on that as well. [More…]
The restraining role, if it is to be performed at all, must fall largely on the upper House; and this Senate, because of its powerful constitutional position, is better placed than any other second chamber in the Westminster system to perform this role. [More…]
Admittedly we have special constitutional requirements that force us to bring in two Bills on certain money matters which in other parliaments would be covered in a single Bill; but such Bills have a minor effect on the total and in no way explain why we pass three times as many Acts as Canada and twice as many as Britain, particularly as the British Parliament combines the functions of our Federal and State parliaments. [More…]
Senator Hamer’s motion describes one way of creating political arrangements to give effect to the fundamental constitutional arrangements which we see as proper. [More…]
We of the Australian Democrats have not yet balloted it specifically because we have not got round to it, but I would be very surprised if our organisation and our people who are thinking about this area of constitutional and legal reform did not go along sufficiently with Senator Hamer almost to be induced to send him a membership form for the Australian Democrats. [More…]
Honourable senators on the opposite side show an abysmal ignorance of constitutional conventions. [More…]
Each Party recognises that an armed attack in the Pacific Area on any of the Parties would be dangerous to its own peace and safety and declares that it would act to meet the common danger in accordance with its constitutional processes. [More…]
Honourable senators on the opposite side show an abysmal ignorance of constitutional conventions. [More…]
In the Australian Labor Party booklet Platform Constitution and Rules, in the constitutional and legal section under the heading ‘A Constitutional Reform’, clause 9 states: [More…]
Is it a fact that Western Australian Government lawyers have discovered constitutional loopholes in the draft legislation that present difficulties in the implementation of agreements between the States and the Commonwealth? [More…]
I think the honourable senator will be aware that in the matter of defining the responsibilities in relation to off-shore waters and the constitutional problem that came up following the High Court judgment, giving the Commonwealth right over territorial waters, it has been necessary for the Commonwealth and the Queensland Government to enter into discussions relating to this matter. [More…]
That the following matter be referred to the Senate Standing Committee on Constitutional and Legal Affairs: The petition relating to the right of citizen initiative, presented to the Senate on 2 1 February 1979 by Senator Mason. [More…]
That machinery is a reference to the appropriate Standing Committee of the Senate which in this instance is the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
-The Opposition opposes the reference of this matter to the Senate Standing Committee on Constitutional and Legal Affairs on the basis that no useful purpose would be served by so doing. [More…]
-What I have said should be clear enough from the lessons of our own history and from the record of the Australian people in constitutional referendums. [More…]
From the time of the introduction of the Family Law Bill into the Senate and throughout the discussions of the Standing Committee on Constitutional and Legal Affairs on the clauses of the Family Law Bill, there was great concern and emphasis that the counselling procedures offered by the courts should be as informal and as adequate as possible. [More…]
My suggestion is that the procedure contemplated in these reports which the Standing Committee on Constitutional and Legal Affairs have brought down, one that is quite innovative, not in existence to our knowledge anywhere else in the Westminster parliamentary world, will add a great deal to the quality of our legislative process. [More…]
I support the conclusions of the Senate Standing Committee on Constitutional and Legal Affairs except those which relate to the appointment of a joint parliamentary committee. [More…]
I have just listened to Senator Cavanagh speaking about recommendations contained in the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
In February 1978 the Government decided upon certain proposed amendments to the Judges’ Pensions Act, which included a proposal that judges who had served at least five years but less than 10 years, which is the existing qualifying period, should receive a pro rata pension if their retirement was due to the constitutional requirement, which was passed by referendum, of compulsory retirement at 70 years of age for High Court judges and Federal Court judges or 65 years of age for Family Court judges. [More…]
As a result of the constitutional amendment to which I referred, he would be required to retire at 70 years of age and on attaining that age he would not have completed the 10 years of service which is required under the existing legislation. [More…]
At that time I certainly had in mind ultimately making a recommendation to the effect that it would be desirable, as a result of the constitutional amendment, to make some amendments to the Judges’ Pensions Act to provide for a pro rata pension, as is provided, I think, in three States in which there is compulsory retirement. [More…]
This of course will apply only to judges who were appointed since the constitutional referendum of July 1977. [More…]
Australian participation in IEA activities will therefore proceed on a basis fully consistent with the Government’s policies and with the Federal constitutional system which governs the division of government powers that may be involved in relation to those activities. [More…]
I am concerned about what the political situation will be in the Northern Territory because I was a member of the Joint Parliamentary Committee that looked into Constitutional reform for the Northern Territory. [More…]
On 2 June 1978, the report of the Senate Standing Committee on Constitutional and Legal Affairs entitled ‘Priority of Crown Debts’ was brought into this chamber. [More…]
The All-Party Parliamentary Joint Committee of Constitutional Review found in 1959: [More…]
That priority transcends the Minister’s responsibility to this chamber as a senator and therefore it can only detract from our proper constitutional role. [More…]
One of the factors contributing to variations in fuel prices between the two areas is the fact that in peacetime the Commonwealth has no Constitutional power to control reseller profit margins, ‘ Mr Fife said. [More…]
That statement, insofar as it seems to divorce a duty to the Crown from a duty to the politically elected Government, suggests an absence of understanding of the constitutional system of South Australia or, for that matter, of the United Kingdom. [More…]
The Congress, which has the constitutional power and, indeed, the responsibility to monitor the CIA and US intelligence, has almost totally failed to exercise meaningful control. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs produced what I regard as a generally important and good report which advocated, basically, that there was a need in relation to all legislation to ensure that civil liberties were preserved and protected; that there were no undue degrees of delegation of legislative power; and that the interests of the public were adequately protected by the Parliament. [More…]
I believe that Australia has good reason to be grateful to those who have fought in the past, and in particular during the period of the constitutional debates of the 1890s, to ensure that the Senate would be able to exist as a separate and distinct House. [More…]
Some 35 per cent of the total debates during the constitutional conventions of the 1890s was devoted to the question of what ought to be the Senate’s role and its powers. [More…]
When the Constitutional and Legal Affairs Committee was preparing its report it had some regard for what sort of committee should be designed for the scrutiny of legislation and said on page 15 of its report that it could be one of the eight legislative and general purpose standing committees of the Senate depending on subject matter, and existing standing committee- either the Constitutional and Legal Affairs Committee or the Regulations and Ordinances Committee- or a new committee specially established for the purposes- either a Senate committee or a joint committee of both Houses of the Parliament’. [More…]
That fact is referred to and acknowledged in the report of the Constitutional and Legal Affairs Committee. [More…]
In relation to delegated legislation it has looked after the very matters which the Constitutional and Legal Affairs Committee was concerned should be better scrutinised in legislation coming before these Houses of Parliament. [More…]
The second matter referred to by the Constitutional and Legal Affairs Committee was the one which Senator Grimes found of some interest- the load on the committees as they exist at the moment. [More…]
In paragraph 4.7 of its report the Constitutional and Legal Affairs Committee said: [More…]
I commend the Constitutional and Legal Affairs Committee on its report on the need for there to be some scrutiny of Bills to ensure that civil liberties are adequately preserved. [More…]
I find myself in agreement with all speakers on some major matters that are in the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Others, for example the Constitutional and Legal Affairs Committee, would have a considerable number of Bills- perhaps in the Treasury areabut on the whole there would not be any even distribution of work between the Senate committees. [More…]
The Committee concludes on this particular subject matter that the doubts which have been thrown up from time to time about the scope and effect of that Constitutional power are, by and large, without any real substance at all. [More…]
I want to quote the reference which was given to the Senate Standing Committee on Constitutional and Legal Affairs to help to examine the problem to which my colleagues Senator Cavanagh and Senator Evans have referred. [More…]
On 11 April 1978, the Senate resolved to refer to the Senate Standing Committee on Constitutional and Legal Affairs the following matter [More…]
whether the constitutional conception underlying the legislation and the principles and structure of the legislation are consistent with the proper responsibilities of the Commownwealth [More…]
whether, in the opinion of the Committee, the sections of the legislation are constitutional, comprehensive, consistent and effective, or whether any amendments should be made to the legislation ‘. [More…]
That first paragraph sets out the substance of the Senate resolution which was considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The Commonwealth has a Constitutional obligation to Aboriginals. [More…]
I have just quoted the terms of reference of the Standing Committee on Constitutional and Legal Affairs. [More…]
In view of the constitutional responsibility of the Commonwealth in these matters, can he provide any details of the proposal? [More…]
The Constitutional and Legal Affairs Committee made a report on the priority of crown debts. [More…]
The report of the Constitutional and Legal Affairs Committee on the subject of annual reports referred to committees was tabled on 6 June 1978. [More…]
As the scheme involves a levy it is supported for Constitutional reasons by Commonwealth legislation. [More…]
In paragraph 35 I described rather than defined it as an activity whose purpose is, directly or ultimately, the overthrowing of the constitutional government, and in the meantime the weakening or undermining of it. [More…]
‘Overthrowing the government’ does not, of course, refer to the ousting by constitutional methods of the political party in power for the time being but the overthrow by unconstitutional methods of the established constitutional government or system of government. [More…]
-I present the report of the Senate Standing Committee on Constitutional and Legal Affairs on parliamentary scrutiny of rules of court. [More…]
by leave- I seek leave to incorporate in Hansard a summary of the Government’s response to the Reports on Annual Reports presented by the Senate Standing Committee on Constitutional and Legal Affairs and the Senate Standing Committee on Science and the Environment. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs presented its ‘Report on Annual Reports Referred to the Committee’ on 6 June 1978, while the Senate Standing Committee on Science and the Environment ‘Report on Annual Reports’ was presented on 7 June 1978. [More…]
In one specific case, however, the Constitutional and Legal Affairs Committee requested that the Public Service Board re-examine the staff ceiling of the Law Reform Commission. [More…]
The Constitutional and Legal Affairs Committee made two recommendations: the first was that the Government consider proposals to publicise the right and means of appeal by the general public against administrative decisions. [More…]
In regard to ordinances of the Austraiian Capital Territory, the Committee will have regard to some criteria, perhaps taking as a possible guide the kind of criteria suggested by the Standing Committee on Constitutional and Legal Affairs in its report upon the Evidence (Australian Capital Territory) Bill 1 972, for determining whether the laws of the Territory ought to be made by ordinance or by Act of the Parliament. [More…]
That is part of the strange constitutional difficulties which we have. [More…]
activities that involve, will involve or lead to, or are intended or likely ultimately to involve or lead to, the use of force or violence or other unlawful acts (whether by those persons or by others) for the purpose of overthrowing or destroying the constitutional government of the Commonwealth or of a State or Territory; [More…]
Senator Murphy was carrying out his proper constitutional obligations, not only to the Government and the Parliament, but also to the people of Yugoslavia, by protecting the person of the Prime Minister of Yugoslavia. [More…]
How can we preserve secrecy without endangering constitutional law and individual freedom? [More…]
In Mr Justice Hope’s recommendations with respect to the domestic aspects of subversion, without spelling them out here in detail, it was clear that the concept of force or violence as an element in the notion of subversion- the concept of overthrowing the constitutional government, of unlawfulness in the activity involved or contemplated by the persons in question- was the basic flavour that emerges from his definition. [More…]
Aboriginals are still seeking land rights in some States additional to those given to them by the State governments which have constitutional control over the land. [More…]
The inquiry has been interrupted by a general election, a number of changes in membership of the Committee and by the referendum on constitutional development in the Capital Territory. [More…]
As a result of its inquiry and following the recent referendum in the Territory on constitutional arrangements, the Committee believes there is a need for community organisations which can both represent the local community and act as a point of contact for planners and other Government agencies. [More…]
In November 1978 the Committee announced that it would await the result of the referendum on constitutional issues in the ACT before completing its report as the outcome might affect our report. [More…]
I was pointing out that if one reads the whole of clause 5 it becomes quite clear, since the important criteria to be used in determining whether acts of subversion have taken place concern the use of ‘force or violence or other unlawful acts’ for the purpose of overthrowing or destroying the constitutional government of the Commonwealth or of a State or Territory’, that those editorial allegations were nonsensical. [More…]
Edward H. Levi, the United States Attorney-General, to the United States House of Representatives Committee on the Judiciary, Sub-committee on Civil and Constitutional Rights, in February 1976. [More…]
I take it that the activities referred to are those which, although not so intended, may lead to the overthrowing or destroying of the constitutional government. [More…]
Also, if they were intended but may not in fact, lead to the overthrow of the constitutional government by the use of force or other unlawful acts, whether by those persons or by others, it is deemed to be an offence. [More…]
It does not necessarily follow that that person wants to be involved in force or violence or in seeking to destroy the constitutional government. [More…]
This clause seeks to give to an organisation that has been proven in the Hope report to have very considerably transgressed the law, to have transgressed in the area of normal political surveillance, to have acted illegally and improperly over a long period of years, the right to determine whether a person’s involvement or whether a view that that person might have is likely ultimately to lead to a challenge to constitutional government. [More…]
This Bill seeks to give that person the right to say that that intent, the purpose of that discussion or that action can lead ultimately to a challenge to constitutional government. [More…]
The mere possession of an idea, the mere possession of an ideology or the mere membership of a person of a political party does not necessarily mean that that person is or groups of persons are involved in an issue which may ultimately lead to a challenge to constitutional authority. [More…]
As has been indicated by my colleague, Senator Evans, because a person belongs to the Communist Party, the Socialist Party of Australia or the Marxist-Leninist Party which pursues the views of Mao Tse-tung, the mere holding of that viewpoint, the mere expressing of that viewpoint, the mere dissemination of that viewpoint does not necessarily mean that it is likely ultimately to lead, as this legislation suggests, to a course of action that involves that person in the overthrowing or destroying of a constitutional government. [More…]
I think that Senator Evans quite correctly drew attention to this fact that even though the constitutions of those organisations may use certain phraseology it does not necessarily follow that its members are involved in activities against a lawful and constitutional government. [More…]
What conclusions did it lead to in respect of what is considered in this legislation as being an ultimate position- the challenge to constitutional authority? [More…]
In fact if one examined the Labor movement in more detail one would find that further to the Left of those three communist organisations there are sects and groups which may well be more militant and more determined to destroy constitutional government than those three political bodies. [More…]
It does not necessarily follow from the way these groups pursue their political activities from day to day that they are going to be participants ultimately in the overthrow of constitutional government. [More…]
I take it that we are dealing at this stage only with clause 5 ( 1 ) (a) which relates to the following: activities that involve, will involve or lead to, or are intended or likely ultimately to involve or lead to, the use of force or violence … for the purpose of overthrowing or destroying the constitutional government of the Commonwealth or of a State- [More…]
Furthermore, the use of force or violence must have as its purpose the overthrow or destruction of the constitutional government of the Commonwealth. [More…]
The Government believes that anybody or any organisation which believes in and has a commitment to the use of force or violence at some future stage, even though it may not be engaged in such activities at the moment or may not even intend to engage in them in the near future, for the purposes of overthrowing the constitutional government of this country should be regarded as subversive and should be kept under surveillance. [More…]
overthrowing or destroying the constitutional government of the Commonwealth or of a State or Territory; [More…]
That word is ‘the’ before constitutional’. [More…]
the purpose of overthrowing or destroying constitutional government of the Commonwealth or of a State or Territory’. [More…]
It is the overthrow of constitutional government in a commonwealth, State or territory that is to be deplored and which the clause aims to avoid. [More…]
It seems to bring it back to a particular government when surely we should be defending a general principle that we deplore or wish to avoid the overthrow or destruction of constitutional government of the Commonwealth or a State or territory. [More…]
I think that one of the greatest ambitions of Senator Georges is to overthrow the constitutional Government of Queensland but I do not think Senator Georges intends to carry out any unlawful acts to do so. [More…]
When he goes out into the streets he is inviting the police to engage in force or violence but the intention of the police is not to overthrow the constitutional government. [More…]
I do not think that those engaged in force or violence in Queensland following the activities of Senator Georges are engaging in activities for the purpose of overthrowing the constitutional government. [More…]
If my activities ultimately lead to the overthrow of a constitutional government by force or violence, I take it that I would not be subject to surveillance unless I intended my activities ultimately to lead to that overthrow. [More…]
I submit that a person’s activities may lead to force or violence but unless it was that person’s intention ultimately to overthrow a constitutional government that person should not be subjected to surveillance. [More…]
It should occur only if the person’s activities are intended ultimately to destroy a constitutional government. [More…]
The fact that a person’s activities may ultimately lead to force or violence is no reason for that person to be put under surveillance unless they are for the purpose of overthrowing or destroying a constitutional government. [More…]
We believe it will lead to surveillance of ordinary innocent activity within Australia; innocent in the sense that the end may be innocent and certainly in that the method sought to change constitutional government is innocent of motives that ought to be achieved by unlawful or violent means. [More…]
We are talking about the means to constitutional change. [More…]
In fact he has made it clear that the Government regards the word ‘ultimate’ as being a desirable power to be given to officers of the Australian Security Intelligence Organisation so that they may make an evaluation in any given circumstance that they consider could lead to unlawful acts which would overthrow or destroy a constitutional government. [More…]
Therefore the Government is saying that any person who is a trade unionist may be held under surveillance because in the opinion of the ASIO officer the person may ultimately be involved in a challenge to the constitutional or elected government or may be involved in an unlawful act. [More…]
Therefore, every one of those 20,000 citizens who marched in that demonstration- as would be the 100,000 who marched in the great Vietnam moratorium demonstration in Melbourne- was involved in an unlawful act which could lead, in the opinion of ASIO, to an ultimate act of violence and the overthrow of the constitutional government. [More…]
For the purposes of this Act, the activities of persons, other than activies of foreign origin or activities directed against a foreign government, that are to be regarded as subversion are- (a) activities that involve, will involve or lead to, or are intended or likely ultimately to involve or lead to, the use of force or violence or other unlawful acts (whether by those persons or by others) for the purpose of overthrowing or destroying the constitutional government of the Commonwealth or of a State or Territory. [More…]
Senator Gietzelt said that this clause brings in under its cloak respectable organisations whose only offence is that their activities may lead to violence for the purpose of the overthrowing of a constitutional government. [More…]
I do not think that many of them or many of the members of the Transport Workers Union who are on strike would vote to retain the constitutional government federally. [More…]
We are talking about violent activities for the purpose of overthrowing or destroying the constitutional government of the Commonwealth, a State or a Territory. [More…]
I am involved in carrying out my proper constitutional responsibilities as a senator on behalf of the people of New South Wales. [More…]
I commence my remarks by taking the Senate back to the substance of the report of the Senate Standing Committee on Constitutional and Legal Affairs entitled ‘Aboriginals and Torres Strait Islanders on Queensland Reserves’. [More…]
The Committee considers that the constitutional conception underlying the principles and structure of the legislation are consistent with the proper responsibilities of the Commonwealth. [More…]
I said at an earlier stage that one of the recommendations of the Senate Standing Committee on Constitutional and Legal Affairs which dealt with acquisition was based upon the premise that this co-operation would not be forthcoming or would not be productive. [More…]
If land is acquired in the face of State resistance and where the Commonwealth otherwise has no particular constitutional powersuch as it has in the Northern Territory- there are problems in providing basic services to that area. [More…]
If one thing is clear in the report of the Senate Standing Committee on Constitutional and Legal Affairs it is that Acts of this Parliament concerning the acquisition of land can be effective only if there is complete co-operation between the State and Federal governments, as I think has been the case in a number of States. [More…]
I am a layman and the Constitutional and Legal Affairs Committee is comprised mostly of lawyers of some standing in our community. [More…]
I challenged the Federal Government to live up to its constitutional responsibilities by acquiring the two communities under the powers granted in the 1967 referendum which changed the Constitution. [More…]
It was a motion sought by all members of the Senate Standing Committee on Constitutional and Legal Affairs, including Senator Evans, so that we would have an opportunity to bring forward ideas about what is in this report and to encourage honourable senators to read the report. [More…]
The report draws attention to the reports of the Standing Commmittee on Constitutional and Legal Affairs relating to the delegation of parliamentary authority and the scrutiny of Bills. [More…]
In accordance with standard constitutional practice, any proposal to dispose of or charge any public moneys will require a message of the Administrator to the Assembly before it can be considered. [More…]
We are aware that there are differing views on the matter and it is to be considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Those land and mining matters in the States are primarily the constitutional responsibility of State governments, but we have been taking that interest. [More…]
In order to understand the position clearly, it must be said there is no legal or constitutional means whereby a Federal Government can force a State government to impose a State income tax. [More…]
As will be readily understood, this aroused some interest in relation to the constitutional situation. [More…]
As we took evidence throughout the country, and as we talked to constitutional authorities, we were very firmly of the view that the evidence established clearly that the Commonwealth had what we called a coalescence of power in a number of fields, including taxation, defence, foreign affairs, fisheries and quarantine, which gave it sufficient legislative competence to lay down and enforce a national approach through legislation alone. [More…]
I urge the Attorney to accept Senator Cavanagh ‘s amendment as a realistic one and as one that imposes no constitutional problems. [More…]
The Leader of the Opposition will be aware that few people have recognised the constitutional problems in relation to the Great Barrier Reef area. [More…]
Constitutionally, the States have rights over seas and submerged lands adjacent to them. [More…]
The Capricornia Reef is not declared at the moment due to constitutional problems. [More…]
Senator Webster was correct in showing that some constitutional difficulties arise out of the questions of 3-mile and 12-mile limits. [More…]
Does the Minister recall saying that the reasons for the Capricornia section of the marine park not being proclaimed were constitutional and then, in response to a further question, denying that he was aware of any intentions to renew permits for drilling? [More…]
-Yes, I do recall saying that there were constitutional reasons. [More…]
It is clear from the tone of this letter that what has since been described as ‘the constitutional issue’ was a secondary consideration. [More…]
Mr Newman’s letter went on to refer to correspondence from the Prime Minister on this point, but it is clear from the tone of Mr Newman’s letter that there is a considerable dispute between his Department and Senator Webster’s Department, and that the constitutional issue is being used by Mr Newman as an excuse to hold up the proclamation of the park. [More…]
In response Senator Webster said that the only reason for the delay in proclamation of the Capricornia section of the park was a constitutional one involving the renegotiation of jurisdiction over off-shore waters following a decision of last year’s Premiers Conference. [More…]
Senator Webster went on to say that the proclamation of the Park had been held up purelyand I stress the word ‘purely’- because discussions are taking place on what he described as a constitutional issue. [More…]
This answer drew a supplementary question from me asking him to specifically deny that the only issue was the constitutional one and that the Government was considering renewing permits. [More…]
The Capricornia Reef is not declared at the moment due to constitutional problems. [More…]
The Leader of the Opposition will be aware that few people have recognised the constitutional problems in relation to the Great [More…]
Will he now deny, in view of what he has just said, that it is purely a constitutional matter between the Commonwealth and the States as to why the Capricornia section of the Great Barrier Reef has not been proclaimed? [More…]
The Capricornia Reef is not declared at the moment duc to constitutional problems. [More…]
Does the Minister recall saying that the reasons for the Capricornia section of the marine park not being proclaimed were constitutional and then, in response to a further question, denying that he was aware of any intentions to renew permits for drilling? [More…]
Yes, I do recall saying that there were constitutional reasons. [More…]
In his attack on me he stated that something more than the constitutional aspects relating to this particular section of the reef was involved. [More…]
The Minister reiterated to me the comments of the Prime Minister (Mr Malcolm Fraser) to me that no action is to take place until those constitutional matters are brought to a head. [More…]
When I answered the question as to whether there was anything other than constitutional matters holding up the declaration of the Capricornia section of the Marine Park, I had in mind the comment I have just quoted, that is, that the lessees are not seeking renewal of oil leases within the area of the proposed Capricornia section of the Marine Park. [More…]
Senator Webster says: ‘Well, look, this is really all a constitutional question’, lt was not a constitutional question in the mind of Mr Newman. [More…]
He said that the proclamation of the Capricornia section of the Marine Park had not been made for constitutional reasons. [More…]
In answer to that question Senator Webster tried to pretend that the aspect delaying the proclamation of the Great Barrier Reef Marine Park was a constitutional question between this Government and the Queensland Government. [More…]
Again, when he was pursued about that, Senator Webster repeated that it related to a constitutional question. [More…]
But before 1 refer to Senator Webster’s reply, let me remind the Senate that they were the two matters of substance dealt with in Mr Newman’s letter- not constitutional issues, not environmental issues, but the consent of the oil companies and the consent of the Queensland Government. [More…]
He said that there were constitutional and legal problems associated with this off shore area of Queensland. [More…]
As the man responsible for the Act and its administration, he said that the reasons that steps had not been taken to proclaim that area as a marine park were generally of a constitutional nature. [More…]
Senator Webster repeated that the Capricornia Reef is not declared at the moment due to constitutional problems. [More…]
The only other matter that arises is the answer given by Senator Webster that there had been no proclamation because of the constitutional question. [More…]
The fact is, however, that even in the letter from the Minister for National Development it is clear that he is aware of the constitutional and legal problems. [More…]
The constitutional settlement of the powers relating to the marine parks is a matter which is under intense discussion. [More…]
In fact, Senator Webster and I are shortly to have discussions with Queensland Ministers in relation to these constitutional and legal questions, so that at the Premiers Conference at the end of June this year we can come to final settlement of these matters by agreement, after consultation with the States, and not by the imposition of centralist doctrinaire socialist confrontation which is the way in which the Opposition would seek to solve these problems. [More…]
The question of the future of the Barrier Reef, its protection, the declaration of marine parks in the area and the settlement of constitutional problems are important issues. [More…]
1 refer him to the resolutions of the Australian Constitutional Convention held in July last year which were tabled in Parliament last week. [More…]
Further, does the Government support the holding of another session of the Constitutional Convention either in Adelaide later this year, as was proposed last year, or at some other time and place? [More…]
The Government has not considered either of the matters raised by Senator Evans, namely, what action, if any, may be contemplated in relation to some resolutions which were passed concerning the court system or when future meetings of the Australian Constitutional Convention should take place. [More…]
If my recollection is correct, there was a very considerable division of opinion at the Constitutional Convention even in regard to some of these matters. [More…]
I will look at them again to refresh my recollection, but I do not believe it would be feasible to put forward referendum proposals arising out of the Constitutional Convention unless there were a very strong consensus at the Convention itself. [More…]
I said that the question of any future meetings of the Australian Constitutional Convention has not been considered. [More…]
The point has been made on several occasions during the week that the declaration of the park is held up awaiting discussions between the Commonwealth and Queensland AttorneysGeneral, relating to constitutional matters in regard to the reef area. [More…]
The argument, recently raised by Senator Webster, that it was only the constitutional issue holding up the proclamation of the [More…]
That constitutional issue has arisen only since the Premiers Conference in October 1977 as it was at that Conference that the Commonwealth decided to hand over control of off-shore waters to the States, including the Queensland Government. [More…]
However, prior to that Premiers Conference, there was no constitutional issue but the Park was still not proclaimed. [More…]
This is what Senator Webster describes as the constitutional issue. [More…]
The Commonwealth’s constitutional powers with respect to navigation and shipping arc acknowledged and no joint authority is contemplated. [More…]
It seems extraordinary that these major constitutional shifts are being organised by the Commonwealth in this secretive way. [More…]
When those constitutional shifts involve the likelihood of serious damage to the Great Barrier Reef, it is about time this Senate put its foot down and demanded to know in advance just what the Commonwealth has in mind. [More…]
This leads me to the other matter that Senator Wriedt raised, which he believes is a matter of concern; that is the discussions that have taken place between Premiers and between AttorneysGeneral as to the constitutional and legal problems that arise in the off-shore areas all around Australia. [More…]
As I have said, the Commonwealth Government is engaged in a very major effort to reach a constitutional settlement with the States in regard to the territorial sea. [More…]
By resolution of the Senate on 2 1 April 1 977, the Constitutional and Legal Affairs Committee was, at its own request, given the task of inquiring into the matter of processing law reform. [More…]
As to the implementation of the reports of the Australian Law Reform Commission, the Senate Standing Committee on Constitutional and Legal Affairs has noted that the Commission has now produced six major reports since its establishment in early 1975, only two of which have so far in fact been implemented- and those two only in the Australian Capital Territory. [More…]
I am concerned that a person who has been a judge, who presumably has retired, perhaps as a result of a constitutional amendment relating to age, and who no longer holds the office of a judge shall now be eligible to be appointed to the position of a presidential member. [More…]
But certainly, as far as age is concerned, I think it can be said that the Government is very alive to the decision of the people by way of constitutional amendment. [More…]
As I have said, we have included a similar provision in the freedom of information legislation and we are awaiting the report of the Senate Standing Committee on Constitutional and Legal Affairs on that legislation. [More…]
I do not presume to prejudge or even trespass upon the possible breach of privilege by commenting on what the Senate Standing Committee on Constitutional and Legal Affairs recommend regarding access to personal files and documents when it comes to dealing with the question of freedom of information. [More…]
That so much of the Standing Orders be suspended as would prevent Senator Button’s moving an amendment to this motion for the third reading of the Bill to refer the Bill to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
-Senator Missen as Chairman of the Constitutional and Legal Affairs Committee has often told the Senate how worth while have been the deliberations of his Committee on matters such as this. [More…]
For example the Constitutional and Legal Affairs Committee, in its freedom of information reference, has been taking evidence and deliberating now for something of the order of at least 20 days, which would represent approximately 1 20 hours of consideration. [More…]
What the Government has been unable to do to the Conciliation and Arbitration Commission because of its constitutional autonomy, it feels quite free to do to the Prices Justification Tribunal; and that is what this Bill is all about. [More…]
In May, 1975 a royal commission in the person of Sir John Nimmo was set up to review fully the constitutional future of Norfolk Island. [More…]
This Parliament also should have grave reservations about it- about the constitutional system that it embodies and about the immunities from the operation of Australian legislation that are part and parcel of it. [More…]
The constitutional system which is created by this Bill is a nineteenth century one- great stuff for the heyday of the British Empire, but not the kind of thing that is in any way appropriate to the latter part of the twentieth century, which is a time when colonies are just a little bit out of fashion, and rightly so. [More…]
The key things to appreciate about the constitutional system which is created by this Bill are as follows: First of all, it confers minimal powers on the elected Legislative Assembly; secondly, it confers negligible powers on the appointed Executive Council; thirdly, it gives quite excessive powers to the Australian Government appointed administrator; and, fourthly, it enables the retention by the Australian Government, acting through the Governor-General, as the Bill puts it, of quite excessive residual powers. [More…]
My understanding is that it means exciting disloyalty against the Queen and the Constitutional Government, and inciting people to illegal actions, as a means to overthrowing the Government. [More…]
I think it is unlikely that the Administrator was motivated by a desire to defend constitutional government. [More…]
On 3 May 1979, in response to questions concerning the proclamation of the Great Barrier Reef Marine Park, he stated that it was only a constitutional issue involving off-shore waters which was delaying the proclamation of that Park. [More…]
Thirdly, the only factors inhibiting the proclamation of the Marine Park were constitutional ones involving off-shore waters. [More…]
The third issue which Senator Webster had to establish in his defence on that day was that only the constitutional issue stood in the way of the Great Barrier Reef Marine Park. [More…]
It is the view of the Opposition that the earlier correspondence made available to this Senate convincingly demonstrates that there were issues other than the constitutional one and that Senator Webster had indeed misled the Senate on 3 May. [More…]
In other words, he was saying that the constitutional issue was no barrier whatsoever to proclaiming the Park. [More…]
A point that I think I made in my earlier address to the Senate is that various Ministers are responsible for various attitudes and actions, which they must responsibly have in relation to this particular area of Queensland: Mr Anthony, from his standpoint as Minister for Trade and Resources; Mr Newman in his position as Minister for National Development; and the Prime Minister (Mr Malcolm Fraser) in his interest in constitutional matters arising out of a Premiers Conference. [More…]
It was suggested that it should be delayed until constitutional matters were cleared up. [More…]
I do not withdraw one tittle from my declaration made in the Senate that the matter holding up the declaration of the Park was a constitutional one. [More…]
The Capricornia Reef is not declared at the moment due to constitutional problems. [More…]
Senator Webster has said on a number of occasions-even today- that the thing that is holding up the proclamation of the Great Barrier Reef Marine Park is really a constitutional issue with the Queensland Government. [More…]
It may well be that some element of constitutional discussion with the Queensland Government has had some effect in holding up the proclamation of that Park, but Senator Webster comes here and says that the constitutional issue is the only issue that is holding up the proclamation. [More…]
He pulls that out of the bundle of letters to which he says he is not going to refer because they are confidential, and it happens to relate to the issue of discussions on the constitutional position. [More…]
The first defence is: There are constitutional issues involved’. [More…]
That question was paramount in the mind of the Deputy Prime Minister (Mr Anthony) and the hold up was not purely a constitutional issue as Senator Webster has stated. [More…]
It relates to legal and constitutional questions. [More…]
that it is purely a constitutional matter between the Commonwealth and the States as to why the Capricornia section . [More…]
Mr President, I believe that what Senator Webster has said, the documents that have been produced and the arguments that have been given in this chamber on previous occasions clearly establish that Senator Webster, in answering those questions and giving the constitutional or legal reason as the only reason why there was delay in the proclamation of this National Park, was quite justified and certainly was entirely honest and entirely consistent with his credibility as a Minister. [More…]
The Federal Government has the ultimate constitutional power here to ensure that the policies are carried out and to ensure the exercise of its responsibilities. [More…]
I have just said that the Commonwealth has the ultimate constitutional power in this area. [More…]
As I said in a similar debate recently, the discussions with the States are on the basis of the exercise by this Parliament- not anybody else- of its constitutional power. [More…]
We are not talking about giving away the ultimate constitutional power of this Parliament. [More…]
You will recall, Mr President, that I excluded from my remarks the Queen, Prince Philip and Prince Charles who, under our present constitutional arrangements, have a certain role to perform which I believe they discharge with a certain vigour and charm, probably to general acclaim. [More…]
I believe that day will come soon but in the meantime we acknowledge and live courteously within the present constitutional structures. [More…]
Excluding the Queen, Prince Philip and Prince Charles, who have a constitutional role to perform, the continued subservience of this Government to other members of the royal family symbolises its total loss of touch with the vast majority of Australians. [More…]
I ask: Is the Minister aware that judges such as Sir Owen Dixon and Mr Justice Else-Mitchell have drawn attention to the fact that section 92 of the Constitution is defective in not referring to Territories such as the Australian Capital Territory, and that this matter has been raised at the Constitutional Convention? [More…]
Does this not represent a serious anomaly in our constitutional arrangements and a source of discrimination, real and potential, against the Australian Capital Territory? [More…]
The question is one that has been considered at the Australian Constitutional Convention. [More…]
The 1978 Constitutional Convention in Perth did consider a report from its standing committee, which expressed the opinion that section 92 was unsatisfactory to the extent that it prevented reasonable non-discriminatory regulation of interstate trade, similar to that which Senator Knight has mentioned. [More…]
The Federal Government has an ultimate constitutional power here to ensure that the policies are carried out and to ensure the exercise of its responsibilities. [More…]
I have already referred to Senator Durack ‘s comments during the debate last Thursday about the Commonwealth having ultimate constitutional power. [More…]
We are not talking about giving away the ultimate constitutional power of this Parliament. [More…]
It is of no consolation to the people of Australia that the Commonwealth has ultimate constitutional power if it permits the Queensland Government to act as that Government sees fit and to allow drilling on the Reef. [More…]
We saw, in Queensland’s treatment of the Aboriginal people in those areas, that ultimate constitutional power in the hands of the Commonwealth Government is worthless if it is prepared to allow the Queensland Government to take over the administration of those activities. [More…]
The Queensland Government is determined that drilling on the reef will take place if the Commonwealth allows it to get control over those areas- even if the Commonwealth retains ultimate constitutional power- such drilling is inevitable. [More…]
It will use whatever actions and whatever of its constitutional powers are necessary to achieve the objective of preserving the Great Barrier Reef. [More…]
The Federal Government has the ultimate constitutional power here to ensure that the policies are carried out and to ensure the exercise of its responsibilities. [More…]
I have just said that the Commonwealth has the ultimate constitutional power in this area. [More…]
As I said in a similar debate recently, the discussions with the States are on the basis of the exercise by this Parliament- not anybody else- of its constitutional power. [More…]
We are not talking about giving away the ultimate constitutional power of this Parliament. [More…]
The Government fully understands that it has the full constitutional powers. [More…]
It will use whatever constitutional powers are necessary to achieve its objective- the total protection of the Great Barrier Reef and the ecosystem and the establishment of the park. [More…]
I make this point clear: It may well be that the Government in resolving this matter will use its full constitutional powers. [More…]
Every discussion with the State Government is on the understanding that we are discussing the matter within the full constitutional powers of the Commonwealth Government. [More…]
The Federal Government has the ultimate constitutional power here to ensure that the policies are carried out and to ensure the exercise of its responsibilities. [More…]
the discussions with the States are on the basis of the exercise by this Parliament- not anybody else- of its constitutional power. [More…]
We are not talking about giving away the ultimate constitutional power of this Parliament. [More…]
The Government has the Constitutional right to introduce any proposed law appropriating revenue or moneys- it is only the Government through whom the Governor-General’s recommendation under section 56 of the Constitution can be submitted. [More…]
The Capricornia section of the Marine Park has not been declared because of consultations on constitutional matters that are to take place between the Commonwealth and Queensland. [More…]
I said that whilst the Commonwealth Government had undoubted total constitutional power and could use that power- and in its discussions with the States was working within that constitutional powerthe Government felt that the wording of the motion was so narrow that it was inflexible in the situation. [More…]
Whilst we respected the objective, we found the mechanism too delimiting, even though we may move through that mechanism to assert our constitutional power. [More…]
Senator Webster replied that the section had not been declared because of discussions on constitutional matters between the Queensland and Federal Governments. [More…]
Mr President, the High Court of Australia occupies a supremely strategic place, not only in our legal system but also, by virtue of its constitutional adjudication, in our political, our social and our economic system as well. [More…]
Like Sir John Kerr, Sir Garfield Barwick certainly earned a place of a kind in that history by virtue of the role he played in the constitutional crisis of 1 975. [More…]
Marine Park had not been declared because of constitutional questions which had to be resolved in discussions with the Queensland Government. [More…]
Senator Webster told the Senate that the Capricornia section of the Great Barrier Reef Marine Park had not been declared because of constitutional questions which had to be resolved in discussions with the [More…]
Incidentally, I make it clear that the note that was passed to me by Senator Webster was, in fact, a copy of the letter from the Prime Minister (Mr Malcolm Fraser) to Senator Webster in which the Prime Minister indicated that the only barrier standing in the way of the marine park being declared was a constitutional one. [More…]
That policy includes the fact that the Capricornia section of the Great Barrier Reef Marine Park is near to declaration as a national park and that fundamentally the discussions between the two governments relate to the constitutional matters. [More…]
We recognised our pre-eminent constitutional responsibility and powers and said that we would act accordingly. [More…]
It is not a constitutional matter, as Senator Webster said time and time again. [More…]
What in fact his statement reveals is that the answer given by Senator Webster about the position in respect of the proclamation of Great Barrier Reef Marine Park and the constitutional problems which have led to that not yet being proclaimed was a perfectly correct answer. [More…]
It has been repeated by the Attorney-General who has gone through the detailed constitutional problems that arise- whether the matter relates to arrangements under the Federal-State agreement, whether it relates to decisions in respect of the seas and submerged lands legislation and so on. [More…]
No member of this chamber could say that it was not a proper expression of government policy about the proclamation of the park, the constitutional position ofthe Federal Government and the policy of the Government. [More…]
The need for five separate Acts arises from a constitutional requirement that laws imposing taxes should deal with one subject of taxation only. [More…]
Because of the constitutional requirement that laws imposing taxation shall deal with one subject of tax at a time, it is necessary to have a number of rating and assessment Acts. [More…]
For example, wool that is exported requires a third Act to meet the constitutional requirement. [More…]
In a recently published article entitled ‘Constitutional Obstacles to Organised Marketing in Australia’, Michael Cooper quotes comments from various justices of the High Court of Australia in the Clark King case. [More…]
lt is perhaps a little glib, with respect, to try to distinguish qualitative from quantitative considerations in the constitutional context of funding education. [More…]
The point I seek to make is that it is very difficult to distinguish qualitative considerations- if they are things one just talks about in the Senate- from quantitative considerations in view of the role of the Federal Government in education funding, lt has no real constitutional power. [More…]
I think that the changing nature of Commonwealth-State relationships reflected in the education sector is one of the factors that we have to bear in mind in discussions of the Commonwealth’s role of providing the money, as it does in the schools sector, without having much of the constitutional power to see that the money is spent according to its own priorities that it may consider important. [More…]
What I am saying in this debate on education, which deals with the provision of money to schools, is that I made the point earlier that the Commonwealth has a very limited constitutional capacity to direct the money it provides to the States for schools assistance into the areas which appear to be the areas of considerably greatest need. [More…]
The Government acknowledges that it has constitutional powers in this area. [More…]
If that is so, I invite the Government to have a look at its performance in the area of constitutional power in relation to Aborigines, and its performance in relation to the Queensland Government on that issue. [More…]
I take this opportunity to make clear- I hoped that I had made it clear in the debate in the Senate some time ago- that whatever relationship is settled upon between the States and the Commonwealth- and this includes marine parks generally and the activities of the Great Barrier Reef Marine Park Authority in relation to the territorial sea of Queensland- as to the respective exercise of jurisdiction, the Commonwealth Parliament will at all times retain the full constitutional power, legal power, to exercise its ultimate will and control in relation to the matter of marine parks or, indeed, anything else. [More…]
She seems to forget that by the most democratic procedure possible the future constitutional arrangements in this Territory were put to the people of the Territory last November. [More…]
While this inquiry into the development and preparation for the orderly control and development of mining of uranium was taking place, there were constitutional changes being planned in the Northern Territory which involved the giving of powers to the Northern Territory Legislative Assembly. [More…]
For some reason or other, Mr Justice Fox did not at any stage touch on the constitutional changes that were developing side by side with the proposal to mine uranium. [More…]
It is an unusual situation and I can only assume that if the attention of Mr Justice Fox had been drawn to the constitutional changes taking place in the Territory, there would have been some reference in the report which came from the inquiry. [More…]
However, I wish to say that at an appropriate stage I will propose as an amendment that the Bill be referred to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
In its report on the scrutiny of Bills the Senate Standing Committee on Constitutional and Legal Affairs has drawn attention to the need for the Parliament to ensure that its authority is not unduly delegated. [More…]
There is an additional reason why I feel that this matter ought to be referred to the Senate Standing Committee on Constitutional and Legal Affairs for examination and report. [More…]
That the Commonwealth Employees (Redeployment and Retirement) Bill 1979 be referred to the Senate Standing Committee on Constitutional and Legal Affairs: and [More…]
We would support his amendment, if it ever gets off the ground, that the Government should withdraw the Bill, anticipate the future- it is what the future will bring- and refer it as every other important piece of legislation should be referred, to a standing committee of the Senate, to wit, the Standing Committee on Constitutional and Legal Affairs, for examination so at least it can get it right. [More…]
I gather that the drift of what the Minister for Aboriginal Affairs (Senator Chaney) had to say did not really meet my concern, namely, that the report of the Senate Standing Committee on Constitutional and Legal Affairs was put down on 2 June 1 978. lt is now 7 June 1 979. [More…]
I would point out to him that I was a member of the Senate Standing Committee on Constitutional and Legal Affairs that brought forward the report. [More…]
That the Commonwealth Employees ( Redeployment and Retirement) Bill 1979 be referred to the Senate Standing Committee on Constitutional and Legal Affairs, and that the Committee report to the Senate on or before 3 1 August 1 979. [More…]
In its report on the scrutiny of Bills the Standing Committee on Constitutional and Legal Affairs has drawn attention to the need for the Parliament to ensure that its authority is not unduly delegated. [More…]
I put it to you, Mr President, in particular, and to other honourable senators that we should refer this Bill to the Senate Standing Committee on Constitutional and Legal Affairs for examination and report. [More…]
There are some constitutional problems in granting moneys direct to local governments but these can be overcome, and I believe have been overcome by previous governments. [More…]
The levy has to be uniform for constitutional reasons. [More…]
It has never been specified by these constitutional literalists what sections of the Constitution were alleged to have been breached. [More…]
In short, Lord Hailsham is asserting that republics are necessarily corrupt and constitutional monarchies are above corruption. [More…]
The Government accepted that Committee’s criticism and agreed that any payments to judges, on the highest constitutional principles, should be provided for in legislation. [More…]
Strictly speaking, the answer to the question is ‘ nil ‘, as any transfer of the nature referred to would require a constitutional amendment. [More…]
Constitutional federation, enhanced and reinforced by my Government’s new federalism policy, is not just a means of enabling orderly administration. [More…]
As lawyers well know, one of the most nightmarishly and fiendishly complex areas of the law is that area of constitutional law which involves the delineation of what is an exercise of judicial power as distinct from an exercise of non-judicial power. [More…]
One particular report which was presented, I think, immediately before that date was the report of the Senate Standing Committee on Constitutional and Legal Affairs on the abolition of the priority given to Crown debts. [More…]
I think that a further three reports of the Senate Standing Committee on Constitutional and Legal Affairs- one in respect of rules of court and two in respect ofthe scrutiny of debts and the delegation of parliamentary authority- were presented more than six months ago but no Government statement has yet been made on them. [More…]
I ask honourable senators to note when the Bills were referred: 12.4.72- Evidence (Australian Capital Territory) Bill 1972 referred to the Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
12.4.73- Compensation (Commonwealth Employees) Bill 1973 referred to the Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
12.73- Constitution Alteration (Simultaneous Elections) Bill 1974 (1973) referred to the Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
16.8.74- Family Law Bill 1974 referred to the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
31.10.74- National Compensation Bill 1974 referred to the Legislative and General Purpose Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
31.3.77- Crimes (Foreign Incursions and Recruitment) Bill 1977 referred to the Standing Committee on Constitutional and Legal Affairs at the second reading stage . [More…]
We have all been part of that process, particularly the committee that I am now Chairman of, the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
A Bill in regard to trade practices might be the concern of the Senate Standing Committee on Trade and Commerce, but also perhaps the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
While rejecting the validity of existing constitutional arrangements which allow a white minority to control the levers of power, he accepted that a democratic constitution was not incompatible with special provisions for the white minority in the form of reserved seats ‘even out of proportion to the numbers involved’. [More…]
We maintained that further constitutional changes in the direction of greater Africanisation were essential. [More…]
The communique made nine points: The Heads of Government: confirmed that they were wholly committed to genuine black majority rule for the people of Zimbabwe; recognised, in this context, that the internal settlement constitution is defective in certain important aspects; fully accepted that it is the Constitutional responsibility of the British Government to grant legal independence to Zimbabwe on the basis of majority rule; recognised that the search for a lasting settlement must involve all parties to the conflict; were deeply conscious of the urgent need to achieve such a settlement and bring peace to the people of Zimbabwe and their neighbours; accepted that independence on the basis of majority rule requires the adoption of a democratic constitution including appropriate safeguards for minorities; acknowledged that the government formed under such an independence constitution must be chosen through free and fair elections, properly supervised under British Government authority, and with Commonwealth observers; welcomed the British Government’s indication that an appropriate procedure for advancing towards these objectives would be for them to call a Constitutional conference to which all parties would be invited; and consequently, accepted that it must be a major objective to bring about a cessation of hostilities, and an end to sanctions as part of the process of implementation of a lasting settlement. [More…]
The only reason that Bishop Muzorewa was able to become the Prime Minister of Zimbabwe was that there was an agreement whereby the white population of Rhodesia- a group with which I have never had any identification; nor have I expressed any great admiration for it; nor indeed have I spoken of it in the past in this place, I would have thought, in other than condemnatory terms- agreed, for the sake of peace, to enter into a constitutional arrangement whereby it forfeited majority rule to the black population but retained certain powers for the time being under a constitution which was subject to amendment. [More…]
As such, there may well be a constitutional problem. [More…]
I thank the honourable senator for the point of constitutional practice which he made clear to me. [More…]
(The Tribunal is aware that there might be constitutional limitations on the powers of Parliament in this area, but such limitations would apply equally to the powers of the Tribunal itself. ) [More…]
Let me simply say that I do not believe that the language of the section as presently drafted inhibits the Tribunal from looking at aggregation or concentration issues when considering the public interest point, and certainly I do not believe that there is any constitutional inhibition upon it in taking into account cross-ownership questions in determining issues relating to ownership of the electronic media. [More…]
Having done that, I want to make some brief comments about the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The burden of that report has been a matter of comment by the Minister for Employment and Youth Affairs, Mr Viner, because the report raises a number of issues which are relevant to two annual reports which were considered by the Constitutional and Legal Affairs Committee. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs drew attention in its comments in relation to these two reports to two important matters. [More…]
The other report to which the Senate Standing Committee on Constitutional and Legal Affairs adverts is that of the Science and the Environment Committee. [More…]
One might, on reading Hansard, think that the Senate Standing Committee on Constitutional and Legal Affairs had the temerity actually to give a report on the Senate Standing Comittee on Science and the Environment. [More…]
The honourable senator overestimates the bravery of the Senate Committee on Constitutional and Legal Affairs which would never dare to do such a thing. [More…]
Certainly, one of the major matters which the Constitutional and Legal Affairs Committee reported on was the request of the Government to re-examine the Law Reform Commission’s request that five extra staff members be appointed. [More…]
1 1 on the General Business paper, the report by my Committee, the Constitutional and Legal Affairs Committee, on reforming the law. [More…]
The Committee on Constitutional and Legal Affairs recommended that the Government consider proposals to publicise the rights of the citizen to appeal against administrative decisions. [More…]
We are now debating General Business Order of the Day No.11 which concerns the report on processing law reform proposals by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As a member of the Senate Standing Committee on Constitutional and Legal Affairs I wish to address a few remarks to the report. [More…]
The Senate Committee which presented the report which is before the Senate, namely, the Senate Standing Committee on Constitutional and Legal Affairs, is almost at the stage of being able to bring to the Parliament its final report on the Freedom of Information Bill which was introduced into the Parliament by the Attorney-General (Senator Durack) some time ago. [More…]
I turn to only three other recommendations that the Standing Committee on Constitutional and Legal Affairs came forward with. [More…]
I want to thank my colleagues who have spoken in this debate, Senator Evans and Senator Puplick, who are members of the Senate Standing Committee on Constitutional and Legal Affairs and who have stressed various recommendations of the report. [More…]
The Committee on Constitutional and Legal Affairs recommended that the Government should take the bull by the horns and do something other than supply lip service to Aboriginals in Queensland. [More…]
First, five reports of the Committee on Constitutional and Legal Affairs have been tabled, nearly all of them important reports. [More…]
For example, the Senate Standing Committee on Constitutional and Legal Affairs recently tabled a report on reforming the law and the procedures which should govern the implementation of reports of the Australian Law Reform Commission. [More…]
We know that there are jurisdictional distinctions between them in the exercise of their ordinary judicial powers, but in this cass we are selecting them for the purpose of issuing warrants without regard to their jurisdictional limits, which are entrenched in our constitutional Federal system and historical reasons, which many people think ought to be changed. [More…]
I think that some members of the Opposition, probably of this chamber, supported a resolution at the last Constitutional Convention which was designed to obtain a uniform system of courts in Australia. [More…]
Let us not forget that the primary constitutional principle to be upheld is the one of ministerial responsibility to the Parliament. [More…]
-We are faced today with a Government decision which ignores completely the recommendations of a bipartisan Senate committee- the Senate Standing Committee on Constitutional and Legal Affairsand I will justify that statement in a moment. [More…]
-I rise in this debate to support the remarks of my colleague from Victoria, Senator Missen, but I hope to do that from a short distance away, the distance being that I am not a member of the Senate Standing Committee on Constitutional and Legal Affairs, and I was not a member of that Committee at any time when it considered this matter. [More…]
On 21 April 1977- less than 2lA years ago- this Senate referred the problem to the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The point which the statement does not mention is the need for the Commonwealth Government to obtain constitutional power so that it can impose a more uniform system of industrial relations throughout Australia. [More…]
Will the Government consider supporting such a move by initiating legislation for a constitutional referendum on the question? [More…]
As honourable senators are aware, there was a constitutional crisis. [More…]
The Senate Committee on Constitutional and Legal Affairs, of which I was a member, looked at the clauses of the Woodhouse proposal. [More…]
There is nothing new about the concept of a national compensation scheme, but I believe the Government is hung up over constitutional difficulties and, at the beck and call of its mentors in the insurance industry, it has failed to take action. [More…]
Their offence had been to distribute leaflets reminding people of their constitutional rights not to vote or to vote by secret ballot. [More…]
Their importance has been emphasised in recent reports by the Senate Standing Committees on Publications, Constitutional and Legal Affairs, Finance and Government Operations, and Science and the Environment. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
Is he also aware that, according to respected Tasmanian legal authorities, the election of most members of the House of Assembly will probably be declared null and void and, therefore, the constitutional right of the present Government to occupy the treasury benches is in serious doubt? [More…]
If it has not already done so, will the Commonwealth as a matter of urgency examine the present constitutional crisis in Tasmania and its possible ramifications for the Commonwealth Government? [More…]
Further, does the Government intend amending the Commonwealth Electoral Act to overcome the present shortcomings following the constitutional crisis in Tasmania? [More…]
The States and the Northern Territory will continue to administer fisheries inside the threemile territorial sea, in accordance with and subject to the arrangements that have been agreed under the off-shore constitutional settlement successfully concluded with the States at the recent Premiers Conference. [More…]
In view of answers to questions given earlier this year when this matter was being discussed, are these anticipated as being the last round of consultations with the Queensland Government regarding what were previously referred to as the constitutional issues and is a result likely to flow quickly from these consultations early in October? [More…]
The position is that the first meeting of the ministerial council associated with the Great Barrier Reef is to be held on 4 October, and that has nothing to do with the constitutional arrangements which, on my understanding, have been basically put aside as a matter that is basically firmed up between the Federal Government and Queensland. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
I think that the Standing Committee on Constitutional and Legal Affairs should investigate what is operating in other places. [More…]
I think that the Standing Committee on Constitutional and Legal Affairs should look into the matter and advise us. [More…]
I was told that he is very concerned about it, as are other members of the Constitutional and Legal Affairs Committee. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
But for Parliament to properly fulfil and maintain its function, it must now make such arrangements as are necessary to achieve its proper constitutional relationship with the Executive, in practice as well as in theory. [More…]
That the following matters be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
Constitutional and Legal Affairs in regard to the priority of Crown debts. [More…]
I noted that in the report this year of Estimates Committee B there is a recommendation- I have now been advised of this-that a reference should go to my committee, the Constitutional and Legal Affairs Committee. [More…]
1 ) That the Freedom of Information Bill 1978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible. [More…]
That the Archives Bill 1978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible, in so far as the Bill relates to issues common to, or related to, the inquiry into the Freedom of Information Bill 1978. [More…]
Aspects of the Bill covered by Division 3 and other related matters of access will be dealt with in a later report from the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
I propose to have the Parliamentary Library’s Constitutional and [More…]
We also suggest that statutory provisions that impose the burden of proof upon defendants in criminal cases should be referred to the Standing Committee on Constitutional, and Legal Affairs for further consideration. [More…]
Under Australian law, the AAT has the constitutional status of an Australian Territory similar to that of any other federal territory. [More…]
That was all that I was looking at in relation to those matters which were, as I understood them, mainly matters of law or constitutional matters. [More…]
In view of these circumstances and the fact that practically all the evidence before the Senate Standing Committee on Constitutional and Legal Affairs on this subject, with the striking exception of that of the Commissioner of Taxation and the Department of Finance, favoured total abolition of such priorities, will the Government now reconsider its position? [More…]
The Government is not proposing to reconsider its decision in relation to the priority of Crown debts which has already been announced in a statement made in the Senate in relation to the report of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
As I said in answer to a question yesterday, Mr Street asked me to look at Mr Justice Staples’ letter to see whether there were any legal or constitutional implications arising out of it in regard to the proposed amendments to the Conciliation and Arbitration Act which will be debated in the Senate later today. [More…]
-I ask the AttorneyGeneral whether he or his departmental officers have at any time been asked to advise the Minister for Industrial Relations and his Department on the constitutional validity of the amendments to the Conciliation and Arbitration Act presently before the Parliament. [More…]
Minister for Industrial Relations as to any constitutional questions that had arisen or might arise in relation to the amendments to the Conciliation and Arbitration Act was done at about the time that instructions for the Bill were being first considered. [More…]
So long as the constitutional requirements are met and our advice is that they have been. [More…]
We have not heard yet the answer from the Attorney-General, Senator Durack, as to the serious criticisms that were made by Sir Richard Kirby and Mr Justice Staples about whether the proposed amendments were constitutional. [More…]
Certainly, one expects to find a Bill which is in harmony with basic constitutional principles which respect the impartiality and integrity of the conciliation and arbitration process and which make it quite independent of the government. [More…]
If they are constitutionally valid, and I do not claim to be a constitutional lawyer or, indeed, a lawyer. [More…]
As I said earlier, a highly respected Australian, a former President of the Conciliation and Arbitration Commission, Sir Richard Kirby, who was the president of the Commission for 17 years, was reported in the Melbourne Age of 22 September last as saying that the legislation stopping the Commission from acting in certain ways was probably invalid and would be liable to constitutional challenge. [More…]
Again, it is bad in constitutional principle. [More…]
The implementation of a provision of this kind would represent a clear shift from the operation of this legislation, and the constitutional provision on which it is founded, as being directed to the conciliation and arbitration of individual cases. [More…]
I regard it as incompatible with the whole constitutional position of the Conciliation and Arbitration Commission, as it has evolved over the last 70 or 80 years, for the position of individual commissioners to be forced into that particular mould in the way which the Government is intending. [More…]
A provision of this kind in the Act will not stand any kind of constitutional challenge to its validity- a point that was made very vigorously by Sir Richard Kirby, a point that has been denied ever since with equal vigour but with a great deal of wrongheadedness by the Government spokesmen. [More…]
That is exactly why Sir Richard Kirby said that it was a constitutional piece of nonsense and that is exactly why the Attorney-General should hang his head in shame that he should have the folly to bring in such a childishly incompetent piece of legislative drafting containing a provision of that kind. [More…]
It has also been mentioned that Sir Richard Kirby has questioned the constitutional validity of some of these amendments. [More…]
There are industrial, legal and constitutional objections to the type of suggestion that is proposed in clause 3 to overcome the problem that we all know exists. [More…]
I do not propose to go into the legal or constitutional objections to that provision. [More…]
I do not suppose any of us here would suggest that this Parliament is the body which will ultimately determine the legality or constitutionality of those provisions. [More…]
In my view, again there are industrial, legal and constitutional objections to that suggested proposal. [More…]
I believe that there ought to have been a better look into the constitutional question. [More…]
I think that is important, particularly in respect to the constitutional aspects of these clauses which have been challenged. [More…]
If one turns from what one would say is the very dubious constitutional objection which has been raised to the problem of the actual operation of this provision, one will be concerned with the fact that there are objections from commissioners. [More…]
I put this not on the basis of any constitutional objection but on the basis that it does seem to lead to some lack of confidence in the commissioners. [More…]
I feel that it, likewise, is of dubious constitutional validity. [More…]
I cannot see how that power fits into conciliation or arbitration, bearing in mind what was said by Sir Robert Garran about constitutional limitations and the fact that it must be a power in respect of the settlement of disputes and not just a wide open power. [More…]
I know also that there is power in the High Court to ‘read down’ powers, as happened in regard to the Family Law Act, so that they fit within the constitutional framework and so that they can operate without defeating the law. [More…]
I submit that that is not so and that, in terms of the legislation before the Senate tonight, the words he was using relate to the support of workers and in no way destroy the unions in a constitutional way. [More…]
During the constitutional conventions of the 1 890s there was some debate about what form of power the Federal Parliament should have over its arbitration procedures. [More…]
During the constitutional conventions of the 1890s there was much discussion of the way in which power should vest in the Federal Parliament. [More…]
Its views are that the requirement of consultation raises problems of a legal, industrial and constitutional nature. [More…]
During the debate a number of questions were raised about whether the provisions in this legislation are constitutional. [More…]
I would simply like to repeat that these legal and constitutional questions have been the subject of attention and advice by my Department and by me during the period in which this legislation has been developed. [More…]
The question is decided by the High Court of Australia, which is the only body that can determine in the end whether something is constitutional. [More…]
Naturally, we do not propose to the Parliament legislation which is obviously unconstitutional or about which there are grave doubts or concern as to its constitutional validity. [More…]
The honourable senator mentioned other matters such as the constitutional problems and the Boilermakers case. [More…]
The operation of this supposedly co-operative and consultative committee of the nation’s Attorneys-General was the subject of some very stringent criticism by the Standing Committee on Constitutional and Legal Affairs in its recent report on reforming the law. [More…]
It is well established that, as a matter of Federal constitutional law, persons can continue to be regarded as immigrants if they are born overseas and have come here from overseas, even after they have been naturalised. [More…]
A summary of it can be conveniently found in Campbells and Whitmore ‘s book Freedom in Australia, Second Edition, pages 194 to 196, or any reputable constitutional law textbook. [More…]
It may well be that there is on the present case law a point at which a person becomes a member of the community or becomes absorbed into the community- as the judges have put it- so that at that point the person ceases to be an immigrant for the purposes of the reach of Federal constitutional power. [More…]
So, one still can have a situation where someone has been in Australia for just three years, applies immediately for naturalisation and, I am suggesting, can be construed as the law now stands as an immigrant for the purposes of federal statute law and for the purposes of the reach of federal constitutional power, and as such be then liable to the impact of these particular sections. [More…]
Can the Minister confirm the overthrow of constitutional government in Bolivia and its replacement by a military dictatorship? [More…]
-On behalf of the Senate Standing Committee on Constitutional and Legal Affairs, I present a report on the Committee ‘s reference on the Freedom of Information Bill 1978 and related aspects of the Archives Bill 1978, together with the transcript of evidence taken. [More…]
-by leave- This is the most substantial and comprehensive report ever produced by the Constitutional and Legal Affairs Committee. [More…]
1 ) That the Freedom of Information Bill 1978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible. [More…]
That the Archives Bill 1978 be referred to the Standing Committee on Constitutional and Legal Affairs for inquiry and report as soon as possible, in so far as the Bill relates to issues common to, or related to, the inquiry into the Freedom of Information Bill 1978. [More…]
In view of the terms of this resolution, the Standing Committee on Constitutional and Legal Affairs concentrated its Archives inquiry on Part V of the Archives Bill relating to Commonwealth records with particular emphasis on access to those records. [More…]
We also recommend that the Constitutional and Legal Affairs Committee should undertake a review of the legislation’s operation three years after it is first proclaimed. [More…]
Therefore I do not want to canvass in any detailed way the conclusions of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
We have therefore invited the public accounts committees of State parliaments to consider holding complementary inquiries as State authorities have a constitutional responsibility for the administration of tertiary institutions, including accountability for the distribution of funds to those institutions. [More…]
That petition took into account the inquiry which had been made by the Senate Standing Committee on Constitutional and Legal Affairs which indicated that the operation of the Commonwealth legislation could be defeated by the sort of action which was taken by the Queensland Government in March or April of 1978 to abolish the reserves to which the legislation might be applied. [More…]
Is the Minister aware also of the conclusions of the Senate Standing Committee on Constitutional and Legal Affairs in 1975 following its investigation into national compensation, which were based on substantial evidence from a number of expert witnesses and which indicated that accident prevention could be influenced by economic incentives such as differential premiums which encourage positive safety programs? [More…]
As far as the attitude of the Government is concerned, it agrees that this is an area which needs attention, but occupational safety and health is primarily the constitutional responsibility of the States. [More…]
The honourable senator also asked whether I am aware of the conclusions of the Constitutional and Legal Affairs Committee in 1975. [More…]
It asked whether we are satisfied that the Commonwealth has the necessary constitutional power. [More…]
But experience so far surely should have persuaded the Government, and certainly persuaded Mr Bailey, as the Government’s main adviser in this area, that cooperative federalism, here as elsewhere, is destined to be an abject failure, and that there is no prospect of getting effective, inegrated acrosstheboard machinery unless the Commonwealth itself takes the initiative and exercises that constitutional power which it almost certainly in my belief at least has available to it under the external affairs power, and enacts its own human rights legislation. [More…]
Even the common law tradition, which may influence judicial approaches towards favouring the liberty of the subject in the interpretation of statutes or constitutional provisions has not always been all that self-evident in the decisions of our courts . [More…]
It anticipates the final form of the Freedom of Information Bill 1978, which is presently being investigated by the Senate’s Constitutional and Legal Affairs Committee, which will soon report to the Senate. [More…]
That is that there is a possibility of a constitutional challenge to the whole operation of the Racial Discrimination Act. [More…]
If one reads the most recent report from the Commissioner, one will see that the Queensland Government has denied that the Act is constitutionally valid. [More…]
It points out these facts and the constitutional validity which is under challenge. [More…]
Yesterday in this chamber the report of the Senate Standing Committee on Constitutional and Legal Affairs on the Freedom of Information Bill was presented. [More…]
The constitutional validity of the present Racial Discrimination Act is under challenge. [More…]
But I think that the Senate Standing Committee on Constitutional and Legal Affairs said quite early in its recommendations in its report on legislation associated with Mornington Island and Aurukun that the Constituion would stand up to a constitutional challenge. [More…]
The constitutional validity of the Racial Discrimination Act 197S has been questioned since it became law on 31 October 197S. [More…]
One eminent jurist has advised the Commissioner that provisions of the Act, including certain prohibition provisions, cannot be supported by Commonwealth constitutional powers since they are not directed to people of a specific race. [More…]
I believe that the great majority of the people in this country believe that this legislation will stand up to constitutional challenge. [More…]
One would hope one would plead with the AttorneyGeneral, that, having this report before him now and having before him a report from the Senate Standing Committee on Constitutional and Legal Affairs- which seeks in terms of the Sankey judgment and other matters to argue as precisely as it can argue on those pages against the system of conclusive Ministerial certificatesunless he expects the members of the Consitutional and Legal Affairs Committee and other members of the Senate not to believe that this report is being treated with monumental contempt, he will make some sort of attempt to come to grips with the question of whether conclusive certificates, which this Committee recommends, ought to be subject to a number of qualifications and appeals which should not appear in the Freedom of Information Bill or the Archives Bill and, equally should not appear in the Human Rights Commission Bill. [More…]
One concerns the constitutional power of the Federal Parliament to enact human rights legislation. [More…]
In a speech which the former Attorney-General- (Quorum formed) I was saying that there was some debate as to whether the Commonwealth possesses the constitutional power to enact human rights legislation which might have any effect whatsoever upon the States. [More…]
Leaving aside the serious doubts which I share as to the power of the Federal Parliament to legislate on the matter for the whole of Australia (there would appear to be no constitutional difficulty associated with the Commonwealth and each State legislating for Bills of Rights in their respective areas of responsibility), there are other difficulties which I see. [More…]
Amendments shall come into force when they have been approved by the General Assembly and accepted by a two-thirds majority of the States Parties to the present Protocol in accordance with their respective constitutional processes. [More…]
A full year ago, on 23 November 1978, the Senate Standing Committee on Constitutional and Legal Affairs presented to this Parliament a report on the scrutiny of Bills. [More…]
If there had been some attempt to bring the States within the purview of the Commission, I could understand why there has been no attempt to take on the hard constitutional question whether we could have judicially enforceable rights which could be won when at variance or inconsistent with State laws. [More…]
Given the present Government ‘s commitment to an expanding role for the States and the benefits of decentralised decisionmaking and recalling that if a major political party campaigns against a constitutional amendment, the amendment has almost no chance of being passed, can Senator Carrick envisage any way that Mr Hawke ‘s proposal to abolish the States can succeed? [More…]
Given the fact that the Government is not attempting to reach into the States’ sphere, is not attempting to use any special constitutional power, such as the external affairs power, in order to reach into State jurisdictions, which is where most breaches of human rights in Australia occur, it is unfortunate that the Government did not take the opportunity to set itself the very difficult task of defining for its own laws and territories those human rights which ought to be secured without the sort of modifications and reservations which are expressed in the International Covenant which is taken now as the document of criteria of the Human Rights Commission. [More…]
In the freedom of information report recently tabled by the Senate Committee on Constitutional and Legal Affairs, in relation to clauses which were of similar structure in that they simply relied on conclusive certificates of the Executive to prevent documents being obtained under the Freedom of Information Bill, it was decided by the Committee that nevertheless reasons for non-disclosure need to be given to an impartial tribunal so that it can decide on the relative strength of the claims made by the Executive for non-disclosure as against, in that case, the need for a full disclosure in accordance with freedom of information philosophy; in other words, let an independent tribunal judge where the public interest lies. [More…]
It seems to pre-empt the report of the Senate Standing Committee on Constitutional and Legal Affairs on the Freedom of Information Bill 1978. [More…]
For our present purposes, the most important is Article 2 under which, if we ratify the Covenant, we should commit ourselves to taking the necessary steps in accordance with our constitutional processes to give effect to the requirements and rights recognised in the Covenant. [More…]
The constitutional justification of this was the external affairs power; the doctrine that if we enter into a valid external treaty that obliges us to do certain things, the existence of the treaty gives the Commonwealth Parliament the powers necessary to give effect to the treaty, even to the extent of powers which would otherwise be beyond Commonwealth competence. [More…]
To my mind, the fundamental defect of the Murphy approach was that a Bill of Rights based on the United Nations Covenant would quite possibly be constitutional, under the external affairs power, but it would be in many ways less than our present rights. [More…]
But attempts to extend the provisions in the Bill to cover the rights we have and should have would probably be unconstitutional. [More…]
He would certainly be entitled to do this under the external affairs constitutional power. [More…]
Before we pass this Bill which is openly intended to enable the Government to ratify the UN Civil and Political Rights Covenant- if the amendments moved by Senator Missen and Senator Evans are accepted that would be made explicit- we must be sure that the Government is prepared if necessary to use its constitutional power within a reasonable time to ensure that the Bill is effective in all parts of the Federation without any limitations or exceptions. [More…]
This course of action is partly as a reult of severe constitutional question marks over the Federal Government’s powers to legislate to protect and enforce human rights as well as the Government’s belief that the guaranteeing of these rights does not require a Bill of Rights and the accompanying judicial powers of enforcement, believing instead that the present law adequately protects these rights and that Parliament is the more appropriate body to ensure the continued protection of these rights. [More…]
It has been commonplace for candidates for political office who have been forced by constitutional provisions to resign in order to contest elections and who have failed to secure election, thereafter not to be reappointed. [More…]
For that reason it is crucial, if this legislation is to have any utility at all, that it be extended into the State domain, using all the constitutional power that the Government can utilise obviously under the external affairs power. [More…]
-The Minister for Aboriginal Affairs will recall that the Senate Standing Committee on Constitutional and Legal Affairs presented a report to this Senate entitled ‘Aboriginals and Torres Strait Islanders on Queensland Reserves’ exactly one year ago this month. [More…]
By requiring the process to be undertaken whenever a vacancy on the High Court occurs, this provision should do much to ensure that the Court continues to be truly national in character and fully equipped to discharge its constitutional functions as a Federal Supreme Court. [More…]
The amendment arises from the expression by the Senate Standing Committee on Constitutional and Legal Affairs of its view that the present wording of section 7s of the Evidence Actwhich was inserted by the Amending Act of 1978- leaves it open to doubt whether Parliament has the power to disallow Rules of Court so made. [More…]
As the Chairman of the Standing Committee on Constitutional and Legal Affairs which presented the report to which a response has now been made by the Government, it is my desire to say a few words about that response. [More…]
On 29 March 1979 the Senate Standing Committee on Constitutional and Legal Affairs presented its report on Parliamentary scrutiny of rules of court. [More…]
Whether further legislation or a constitutional amendment is desirable would depend on the outcome of the challenge in Uebergang’s case. [More…]
This represents a response to a recommendation of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
Whilst it may be quite appropriate for big constitutional cases to be conducted in the pomp and majesty of the new national building across the way, it seems to me, and to the Opposition, that in quite a number of other cases the convenience of litigants, especially their financial convenience, perhaps should be the primary consideration. [More…]
However, we believe that in order to achieve this the critical consideration is not a question of geographical balance sustained over time, or at any given point of time, in the composition of the Court, but rather the certainty that the best men and women in the nation are appointed to the Court,, the best both in terms of their scholarly ability and technical expertise across the range of law with which they have to deal- especially constitutional law- and in terms of the kind of vision and breadth of understanding and approach that they bring to their job. [More…]
It has said so in the other place and, indeed, at the Constitutional Convention in Perth. [More…]
It is new and is based upon an undertaking which I gave on behalf of the Government at the last Constitutional Convention. [More…]
I am of the opinion, and have been for a long time, that the power of the Parliament seems to disappear on matters relating to the Commonwealth’s constitutional powers and its attempt to get uniform legislation. [More…]
expresses its concern at the Government’s apparent abdication of its responsibility to make national laws for corporations and the securities industry pursuant to the Commonwealth’s own constitutional powers, and in accordance with the recommendations of the Senate Select Committee on Securities and Exchange in 1974 (the Rae Report); [More…]
expresses its concern at the Government’s apparent abdication of its responsibility to make national laws for corporations and the securities industry pursuant to the Commonwealth’s own constitutional powers, and in accordance with the recommendations of the Senate Select Committee on Securities and Exchange in 1974 - [More…]
Certainly this was amply demonstrated by the Rae report which made a very strong argument for the operation of a single national system of company law, implemented and enacted by the Commonwealth Parliament, pursuant to its constitutional powers and also for a single national governmental regulatory body. [More…]
The new approach the Rae Committee recommended was built very much around the concept of national legislation and national machinery established by that national legislation in pursuit of the Commonwealth’s constitutional powers. [More…]
The Labor Government, when introducing its own corporations and securities industry legislation in 1 974 and when foreshadowing the further introduction of substantive companies legislation which was to be introduced in that illfated week in November 1975, was certainly satisfied that the corporation’s power in section 51(xx) of the Constitution in itself, provided sufficiently ample constitutional foundation for this kind of legislation. [More…]
In addition, it is possible to rely constitutionally on the trade and commerce power on a number of individual heads of power like the postal, telegraphic and telephonic communications power, and incidental power. [More…]
The banking power and insurance power; I will not stop and endeavour to lecture the Senate on the constitutional possiblities. [More…]
uncertainty as to the extent of constitutional power should never of itself be a reason for opposing an otherwise worthwhile legislative exercise of power; nor should it prevent a government, properly advised, treading where angels of constitutional probity have formerly feared to tread. [More…]
Certainly I have noticed no great constitutional timidity on the part of the present Government when it has been enacting new sweeping draconic amendments to the Conciliation and Arbitration Act in fairly obviously blithe indifference to the possible constraints imposed by section 5 1 (xxxv.) [More…]
It is odd and interesting that an attack of the constitutional jitters seems to overcome it whenever the matter of corporations law and securities industry regulation comes in issue. [More…]
uncertainty as to the extent of constitutional power should never of itself be a reason for opposing an otherwise worthwhile legislative exercise of power, nor should it prevent a government, properly advised, treading where angels of constitutional probity have formerly feared to tread. [More…]
The Government rejected that view of its one.ume Attorney-General and its one-time guru who in 1 975 was said to be infallible on constitutional matters when he presumed to advise the Governor-General and everyone else as to the correct procedures that should be followed. [More…]
In any event, the present Government believed that, regardless of questions of its constitutional power, the proper approach would be one in accordance with its policies and philosophy of co-operative federalism. [More…]
I would be heartened in my belief in this position if I could have an assurance from the AttorneyGeneral (Senator Durack) that if the Senate passes this Bill, which is openly designed as a mechanism by which we can ratify the United Nations Covenant, the Government is determined to make the human rights legislation effective in Australia by any means in its constitutional power. [More…]
I should like an assurance that it will try co-operative arrangements with the States and that if they do not work it will use its constitutional power to make the Bill effective. [More…]
I seek leave to make a statement concerning the report of the Senate Standing Committee on Constitutional and Legal Affairs on the Evidence (Australian Capital Territory) Bill 1972. [More…]
That Bill was referred to the Standing Committee on Constitutional and Legal Affairs in April 1972. [More…]
by leave- As the Chairman of the Senate Standing Committee on Constitutional and Legal Affairs, I welcome the response that the Government has made to its report on this subject. [More…]
We now find a Senate Estimates committee coming up with the statement, with which I completely agree, that any Parliament which claims or aspires to accountability of an executive government to the Parliament must make such arrangements for its own resources and facilities as are necessary to achieve this constitutional relationship in practice as well as in theory. [More…]
But for the Parliament properly to fulfil and maintain its function, it must make such arrangements as are necessary to achieve its proper constitutional relationship with the Executive, in practice as well as in theory. [More…]
It may well be that we are outside the constitutional power in including in Appropriation Bill (No. [More…]
When we are dealing with the points which Senator Rae has made, I think we should look at the constitutional position and at the expenditure of the Government. [More…]
When we consider Senator Rae’s proposal, the constitutional position and the agreement reached with the Prime Minister and the Senate in 1965 on what we should deal with we see that this matter is something that will have to be tested at some time. [More…]
The Committee therefore recommends that the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: The provision of legal aid services in the Australian Capital Territory. [More…]
Whilst the Committee recommended that it should be limited to consideration of legal aid in the Australian Capital Territory, I am sure that the matter of legal aid generally should be considered by the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: [More…]
Senator Kilgariff, who gave evidence before a joint parliamentary committee looking into constitutional reform for the Northern Territory, well knows that I repeatedly asked people in the Northern Territory whether they wanted a north-south line as was promised to them under the Northern Territory (Administration) Act 1910. [More…]
If he reads the transcript of evidence given to the Joint Committee on the Northern Territory in its inquiry into constitutional development he will find that I repeatedly spoke about a survey. [More…]
Earlier in the evening, on behalf of Estimates Committee B, I moved a motion relating to the reference to the Standing Committee on Constitutional and Legal Affairs of the question of the provision of legal aid services in the Australian Capital Territory. [More…]
That the motion referring the question of the provision of legal aid services in the Australian Capital Territory to the Senate Standing Committee on Constitutional and Legal Affairs be withdrawn. [More…]
The Commonwealth Government should act quickly to enact the strongest possible sex discrimination legislation consistent with its constitutional powers and in the spirit of the recommendations developed by the Council’s National Conference on proposed Commonwealth sex discrimination legislation. [More…]
The statement relates to the recommendations of the Senate committees, in particular the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
The statement which was put down- as it was only tabled and not incorporated in Hansard, I will have to describe it and go through it very briefly- is one which relates to the Government’s response to two reports of the Senate Standing Committee on Constitutional and Legal Affairs; one relating to the scrutiny of Bills and the other relating to the delegation of parliamentary authority. [More…]
In view of the statement now made by the Attorney-General, I shall read from the statement I made when I tabled the report of the Constitutional and Legal Affairs Committee last year. [More…]
As Chairman of the Constitutional and Legal Affairs Committee, I stand by what the Committee said. [More…]
An editorial in the Melbourne Age of 3 September 1979 referred to the recommendations of the Constitutional and Legal Affairs Committee. [More…]
MINISTERIAL STATEMENT ON REPORTS OF SENATE STANDING COMMITTEE ON CONSTITUTIONAL AND LEGAL AFFAIRS ON “SCRUTINY OF BILLS” AND “DELEGATION OF PARLIAMENTARY AUTHORITY” [More…]
The Reports of the Senate Committee on Constitutional and Legal Affairs on “Scrutiny of Bills” and “Delegation of Parliamentary Authority” were tabled in the Senate on 23 November last year and debated on 1 March of this year. [More…]
I rise very briefly to express my grave concern at the contempt shown for this chamber in this ministerial statement on the reports of the Senate Standing Committee on Constitutional and Legal Affairs. [More…]
That so much of the Standing Orders be suspended as would enable Senators Hamer and Evans to speak for no longer than 10 minutes each to the motion to take note of the Senate Standing Committee on Constitutional and Legal Affairs reports on scrutiny of Bills and delegation of parliamentary authority. [More…]
He was a person who was associated with the Constitutional Convention almost 90 years ago. [More…]
In general, given the provisions of the Constitutional constraints u. der which the Federal [More…]
I cannot visualise Mr Fraser exposing himself to a charge in international forums of failing to take action which was within his constitutional power to overrule a State government’s attempt to prevent Aboriginals from voting. [More…]
That the following matter be referred to the Standing Committee on Constitutional and Legal Affairs: The provision of legal aid services in the Australian Capital Territory. [More…]
The position has been considered by the Standing Committee on Constitutional and Legal Affairs to which it is proposed to refer this matter. [More…]
The Senate Standing Committee on Constitutional and Legal Affairs came to the same conclusion in its report on the Freedom of Information Bill. [More…]
The Senate Committee on Constitutional and Legal Affairs has submitted a major report on the Freedom of Information Bill which raises these matters for debate and consideration by the Government. [More…]
I make only one further comment and that is that it might not be as effective as one would like, even within its own terms, to the extent that the Opposition would regard it desirable not only that an aggrieved individual or group be able to litigate but also that the Human Rights Commission have the power to initiate litigation on behalf of someone so aggrieved, as was a provision in the Human Rights Bill 1973 and as has been recommended by the Senate Standing Committee on Constitutional and Legal Affairs in respect of the enforcement of freedom of information matters by the Ombudsman. [More…]
In which of these countries do human rights, in terms of the practical constitutional freedom of citizens, approach the standards: (a) laid down in the International Covenant on Civil and Political Rights; and ( b) enjoyed by the average Australian in Australia. [More…]
Considerable constitutional and legal difficulties were involved in giving effect to the Convention in Australia, particularly in creating a paramount Commonwealth register of interests in aircraft and in relation to existing requirements for registration of mortgages or chattels generally in each State and Territory. [More…]
They raise what could be far reaching constitutional implications. [More…]
The Australian Democratic Labor Party will support the amendment foreshadowed by Senator Rae which is to the effect that this Bill be referred to the Senate Constitutional and Legal Affairs Committee conditionally on its reporting back in a fortnight, that is, by 1st May. [More…]
We believe the legislation is constitutional. [More…]
-Mr President, I present the report from the Senate Standing Committee on Constitutional and Legal Affairs on Aboriginals and Torres Strait Islanders on Queensland reserves. [More…]
The Constitutional and Legal Affairs Committee was charged with this reference following the passage of the Aboriginals and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Bill in April 1978. [More…]
Our attention has been focussed on the constitutionality and effectiveness of the Aboriginals and Torres Strait Islanders (Queensland Reserves and Communities Selfmanagement) Act 1978. [More…]
But in assessing the effectiveness of that legislation we have reached firm conclusions as to the scope of the constitutional powers of the Commonwealth in respect to Aborigines, the extent and variety of powers in respect to the acquisition of property and the constitutional requirements to provide ‘just terms’. [More…]
The Committee is of the opinion that the Aboriginal and Torres Strait Islanders (Queensland Reserves and Communities Self-management) Act 1978 is within the constitutional competence of the Commonwealth Parliament. [More…]