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PARLIAMENTARY DEBATES.

SESSION 1912.

(THIRD SESSION OF THE FOURTH PARLIAMENT.)

VOL. LXVIII.

(Comprising the period from 12th November to 5th December, 1912.)

SENATE AND HOUSE OF REPRESENTATIVES.

Printed and Published for the GOVERNMENT of the COMMONWEALTH of AUSTRALIA by
ALBERT J. MULLETT, Acting Government Printer for the State of Victoria.

1913.

F.212.

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TRADE WITH CANADA: HINDU LABOUR.

Mr. HIGGS asked the Minister of Trade and Customs, upon notice

1. Whether he has observed that it is proposed by the British India Steam Navigation Company to establish a direct service between India and Canada, and that when the proposed service is established Canada may be flooded with Hindu labour?

2. Will the Minister, in any negotiations for preferential trade between Canada and Australia, bar goods which are the product of cheap Hindu labour?

Mr. TUDOR.--The answers to the honorable member's questions are

1. Yes.

2. This aspect of the case will receive consideration when negotiations are in progress.

TOWNSVILLE WIRELESS STATION.

Mr. BAMFORD asked the PostmasterGeneral, upon notice

1. Is it correct that the plant intended for the wireless station at Townsville is being transferred to Cooktown?

2. If so, does this mean that there is to be a delay in the installation of a wireless plant at Townsville?

3. Does the Minister realize that Townsville is in the centre of what is known as the cyclonic area, and that, therefore, the immediate erection and completion of the Townsville installation is a matter of the gravest consequence to the coastal shipping and the travelling public?

4. If the Minister is aware of this, will he expedite in every possible way the proposed installation at Townsville in view of the near approach of the cyclonic season?

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MATERNITY ALLOWANCE.

Mr. McDOUGALL asked the Prime Minister, upon notice

1. Whether his attention has been drawn to the following paragraph by a writer in the Argus:

"Now that the Maternity Bonus is an estab lished fact, I would suggest that the Women's National League take up the subject and make an appeal to every liberal-minded woman, in whatever station of life, to claim the bonus and then hand it over to the general secretary of the League to form a fund to bring Liberals into the field to contest seats against the Labour party, thus making a rod for the Labour party's own back "?

2. Was the Maternity Allowance Bill passed in order to subsidize the funds of political parties?

3. Does he consider that the action of persons receiving money under the Maternity Allowance Act and paying said money into the funds of a political party is inconsistent with electoral purity?

4. If he does, what action does he propose taking in the matter?

Mr. FISHER.-The answers to the honorable member's questions are1. Yes.

2. No. It was to help mothers at a critical period of their lives, and not for political purposes.

3. While the money is paid for a maternity purpose, I do not think it should be used for political purposes.

4. I do not think the Government should interfere after the money has been paid over in accordance with the law.

BILLS OF EXCHANGE BILL.

Bill presented, and (on motion by Mr. HUGHES) read a first time.

ESTIMATES.

In Committee (Consideration resumed from 8th November, vide page 5300):

ATTORNEY-GENERAL.

Division 26 (Secretary's Office), £5,562. Mr. GLYNN (Angas) [3.29].-In reference to the Bankruptcy Bill introduced to-day, I desire to know whether the Attorney-General intends to do more than leave it at the stage where it now stands -whether he really intends to go on with the measure this session, or merely to introduce it, as, I think, was the intention of the previous Government, with a view to giving the public, and the various insolvency and bankruptcy Judges and officials and commercial people, an opportunity to study its provisions. I mention the matter because it is really impossible, considering the few weeks of the session that are now left, and the important Bills of which notice has been given, to go through that measure carefully. I believe that a Bankruptcy Bill was first drafted under the last Deakin Government but one. The Department was then under the direction of the honorable member for Darling Downs. When I was Attorney-General I also went through the Bill, and had consultations with some of the officers and with late Judges as to the scope of it. I think I also annotated

its text.

The CHAIRMAN.-Order! It is not in order to discuss a Bill which is upon the notice-paper.

Mr. GLYNN.—I merely want to have an idea as to departmental administration. I do not intend to discuss the details of the Bill. I wish to know whether the Attorney-General intends to go on with it this session. It seems to me that it would be impossible within the limited time at our disposal to discuss properly a measure of such scope either on the second reading or in Committee. I mention in support of that suggestion that the Bill has already been considered by three Governments, including the present one. It would be a pity to have it rushed through at the end of the session. I asked last week as to whether the Bill was to be introduced, and now mention the matter again. I notice that several increases are provided on these Estimates. I would not for a moment say that they are not justified, because I think that if there is one Department in the Commonwealth that certainly has to keep going, and that depends largely upon the

ability of its officers, it is the AttorneyGeneral's Department. I believe that the officers are working, during the sittings. of Parliament, under a pretty severe strain. Some of the increases seem to be fair, considering the amount of work that falls to the lot of the officers affected,

and the special expert skill that is required from them. Indeed, some of the salaries are low when one takes into account the quality of the service required. I need The Committee is, not specify instances. however, entitled to know whether there is any principle of regulating these increases, or any standard up to which officers can work. There appear to be increases every year in some cases. Is there any standard which, when reached, will be regarded as indicating the normal salary attached to the services of an officer? Every year there seems to be an increase beyond the amount prescribed by the Public Service Act. There is no doubt a large amount of work to be done, and there was particularly a heavy strain during the past year. I suppose that the business of the Department is likely to expand rather than to remain stationary. Perhaps also the Attorney-General can tell us whether the Crown Solicitor's visit to the United States and Great Britain was one of inquiry as to what was being done in relation to trust administration and control? Was he instructed to make any investigations generally in industrial matters, chiefly in connexion with combines and trusts in restraint of trade? I mention that matter because it was stated in the newspapers that the Crown Solicitor was going abroad in connexion with some special mission affecting alleged defects in the Australian Industries Preservation Act

defects which at the time the measure was passed were not detected because there had been no test judgment delivered. There was one case pending; and it struck me as rather peculiar that the Crown Solicitor should have been sent to the United States to make inquiries as to some way of counteracting defects in our Act, the scope and efficacy of which had not yet been determined by any High Court judgment. There had only been one case-the Huddart Parker case which did not touch the principle of the Act at all. There was a failure to secure answers to questions administered under two sections of the Act, which sections were held by the High Court to be ultra vires of our powers. It was thought by some honorable members

at the time the Australian Industries Preservation Act of 1906 was being debated that the sections were ultra vires, so that it was no surprise to those conversant with the matter to find that the High Court had declared that our power over corporations did not extend to their State as well as to their Inter-State operations, and that the scope of our powers was held to be confined, as is the case in connexion with ordinary individuals, to Inter-State operations. I understand that the Crown Solicitor went to the United States to make inquiries on this subject amongst others.

Mr. DEAKIN. Did he go to the United States ?

Mr. GLYNN.-Perhaps the Attorney. General can tell us. I think that, at any rate, he went as far as Canada. He left here with that object. But we should like to know what the scope of his mission was. What was he directed to inquire into? I can understand that a good deal of useful information might be obtained in the United States and Canada. For instance, in the year 1910 a Canadian Investigation Act was passed, supplementing Acts similar to our Australian Industries Preserva

tion Act. The Canadian Investigation Act enables special Boards to be appointed to inquire into the operation of alleged combines. They thoroughly investigate the operations, and report to the AttorneyGeneral. I do not want to go into details as to their operations, but I may say that the experience of their working has been, according to reports to the Canadian Government, to show that these investigations were much more efficacious than penal legislation in controlling, and in some cases dissolving, combines. There have also been There have also been Commissions in America. There was one especially in connexion with the Steel Trust, presided over by a Judge, and recommendations for a new method of control formed part of the report of the Commission. There are several other suggestions to which I need not at present refer; but I think that if any information has been obtained by the Attorney-General's Department, the result of Mr. Powers' mission, and the extent to which he carried it out, should be explained to the Committee.

Mr. HUGHES (West Sydney-AttorneyGeneral) [3.40].-The honorable member for Angas has asked a question with reference to the Bankruptcy Bill. No doubt that Bill is a very important one. It can,

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in no sense of the word, however, be termed a party measure. I should be very glad to see it pass this Chamber during the present session; but the convenience of the House is to be consulted, and while the Government will do everything in its power to facilitate its passage, its proper discussion must be permitted. As the honorable member knows very well, this measure has been formulated as the direct result of a joint and several effort by a number of persons of standing and reputation in this branch of the law, and this Government claims no more credit for its formulation than have former Governments. I have simply brought it up-to-date, and, as presented to the House, I hope that it represents the best that can be done at present in regard to I trust that the honorable bankruptcy. member will not do more in the direction he has indicated after what I have said. We shall not insist upon passing the Bill through the House this session. House will have the opportunity, and if time is available, we ought to go on with it; if not, we ought not to do so, because it is a very important matter.

The

I come now to the honorable member's

In

inquiries in relation to the Department generally. Its business is, with the development of the country, growing very work, and demands a larger staff. rapidly. That, of course, involves more I do not think it is too much to say that the office at present is understaffed-that with fresh avenues of activity opening on every side, and involving litigation, inquiry, and supervision, it necessarily follows that there is a great deal of work to be done. regard to the Crown Solicitor and his trip to England, I should like to say that the business for which he went there primarily was in connexion with prosecutions conducted, in the first place, by the Crown in the Commonwealth, and further contemplated prosecutions that may affect the same matter in England. He did not go upon a Commission of Inquiry; but it was the intention of the Government to ask him to go to Canada and America and to inquire and report upon matters which are of interest to this Department and the country generally. Owing, however, to the date for the hearing of the Vend case being unexpectedly set forward, the Crown Solicitor returned direct, and did not visit either Canada or America.

These Estimates provide for only two increases other than those provided by the Commissioner. One is for the Crown

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