Queensland

Parliamentary Debates [Hansard]

Legislative Assembly

THURSDAY, 1 DECEMBER 1966

Electronic reproduction of original hardcopy

Queensland Marine Acts, &c., Bill [1 DECEMBER] Questions 2095 THURSDAY, 1 DECEMBER, 1966

Mr. SPEAKER (Hon. D. E. Nicholson, Murmmba) read prayers and took the chair at 11 a.m. QUESTIONS

JAMES BIRRELL AND PARTNERS (a) Mr. Houston, pursuant to notice, asked The Minister for Justice,- Is a firm under the name of Birrell and Partners registered in Queensland? If so, when was it registered and at what address and who are the principals?

Answer:- "There is no business name 'Birrell and Partners' registered in Queensland, but there is a business name 'J ames Birrell and Partners' registered. That business name was registered on March 16, 1966, with the principal place of business being (Room 64), 186 Wickham Street, Valley, Brisbane. The proprietors of the Business Name are--James Peter Birrell, 50 Twelfth Avenue, St. Lucia; Lorant Kulley, 2 Wight Street, Milton; Richard Edwin Stringer, 18 Union Street, Spring Hill; Phillip Blandford Conn, 43 Markwell Street, Auchenflower." (b) Mr. Houston, pursuant to notice, asked The Premier,- Since January, 1966, has a firm of architects, Birrell and Partners, been granted any work for the Co-ordinator­ General of Public Works? If so, on what actual work and on what dates have they been engaged and what fees have been paid and how much is still pending?

Answer:- "Since January 1966, James Birrell and Partners have been commissioned as Archi­ tects by the Co-ordinator-General of Public 'Narks for certain projects. Details are set out in a Schedule, which I table for the information of the Honourable Member." Paper.-Whereupon, Mr. Chalk laid upon the Table of the House the Schedule referred to.

BRISTOL STYLE KNITWEAR CO. AND BOUTIQUE KNITWEAR RETAILERS Mr. Aikens, pursuant to notice, asked The Minister for Justice,- ( 1) Did a firm called Bristol Knitwear (or similar name) go out of business after defaulting on promises made to clients and, if so, did this default cause considerable hardship and financial loss to many people? (2) Is a firm called Boutique Knitting Co. registered in Queensland or doing business in this State? 2096 Questions [ASSEMBLY) Questions

(3) If so, are the persons conducting the ABORIGINAL WAGES ACCOUNTS Boutique Knitting Co. the same as those who conducted the Bristol Knitwear Co. Mr. Davies for Mr. Wallis-Smith, pursuant and, if so, what steps, if any, are being to notice, asked The Minister for Educa­ taken to apprise the people of that fact? tion,- What is the percentage of Aboriginal Answers:- wages accounts which are conducted in ( 1) "The business name 'Bristol Style accordance with section 100 of the Knitwear Company' was registered under Aborigines Regulations? "The Business Names Acts, 1962 to 1965" on October 14, 1965, and registration was cancelled on November 28, 1966. Office Answer:- records do not disclose why the persons "The information sought is not available concerned ceased to carry on business under without considerable costly research which that name." does not appear justified." (2) "The business name 'Boutique Knit­ wear Retailers' was registered on June 27 1966, with the principal place of busines~ being 149 Station Road, Sandgate. The WAGES PAID TO ABORIGINES business being carried on is selling machines and knitwear." Mr. Davies for Mr. Wallis-Smith, pursuant to notice, asked The Minister for Educa­ ( 3) "Records at the office of Registrar of tion,- Business Names do not reveal any identity between the persons carrying on business How many Aborigines have been granted under the business name 'Boutique Knit­ higher wages as set out in Form No. 15 wear Retailers' and the persons who carried on the intervention of a district officer and on business under the name 'Bristol Style how many persons have been classified as Knitwear Company'." slow or retarded workers under that section?

ODOUR FROM LIVESTOCK, TOWNSVILLE WEST RAILWAY SIDING Answer:- Mr. Aikens, pursuant to notice asked The "To provide the information would Minister for Transport,- ' necessitate circularising the whole of the In view of the rapid residential and State as in instances higher rates than the commercial development in the area and minimums are paid, some by arrangement, the obnoxious odour emanating from direct to the employee with the knowledge wagons of pig~ and other livestock waiting and approval of the District Officer and to be and bemg unloaded at Townsville further, certain of the districts maintain West railway siding, will he consider their own wages records and duplicate arranging for these animals to be loaded accounting is not maintained in Head Office. and unloaded at some other place where The Honourable Member's attention is the stench would not cause so much distress drawn to section 4 (II) (VI) of "The and inconvenience? Aborigines' and Torres Strait Islanders' Affairs Act of 1965." In considering Answer:- applications for persons to be classified "This matter has already been referred slow or retarded workers, each case is to the Commissioner by the Townsville personally considered on its particular City . Council and is at present being merits. No detailed figures are maintained." exammed."

BoAT-LAUNCHING RAMPS, LAKEs .EACHAM BOAT-LAUNCHING RAMPS, CAIRNS AND BARRINE Mr. Davies for Mr. R. Jones, pursuant to Mr. Davies for Mr. Wallis-Smith, pursuant notice, asked The Treasurer,- to notice, asked The Treasurer,- In view of the popularity of boating on ( 1) In view of the absence of any con­ Lakes Eacham and Barrine and as the structed boat-launching ramps and the acute material required is on the site, will he shortage of launching sites and facilities take the necessary action to have the presently at Cairns, will he consider the launching ramps completed as soon as increasing number of boat owners in possible? Cairns and district who are experiencing considerable difficulty and risk to their Answer:- craft in launching? Funds for the ramps at both lakes were provided by the Government and construc­ (2) If so, will he make provision for tion is being carried out by Eacham Shire boat-launching ramps at the Aquatic, Smith's Council. The Council is being requested to Creek, and the northern extremity of the expedite the work." Esplanade in Cairns, without further delay? Questions [1 DECEMBER] Personal Explanation 2097

Answers:- VOTING AT STATE ELECTIONS ( 1) "For the information of the RETURN TO ORDER Honourable Member, there is a substantial boat-launching ramp adjacent to Platypus The following paper was laid on the table, Jetty in Trinity Inlet. Thus the premises and ordered to be printed:- on which his Question is based are quite Return to an Order made by the House false." on 6 September last, on the motion of Mr. Aikens, giving details of the voting at (2) "I am satisfied that a need for the State general election on 28 May, further ramps exists in the Cairns area 1966, together with details of voting at and I refer the Honourable Member to the by-elections held since the general election Answer to his Question asked on November on 1 June, 1963. 17 last." FEES PAID BY CROWN TO BARRISTERS WOOLGROWERS DIVERTING WOOL TO AND SOLICITORS NEW SOUTH WALES RETURN TO ORDER Mr. Davies for Mr. Melloy, pursuant to notice, asked The Premier,- The following paper was laid on the In view of his Answer to my Question table:- on November 30 and the importance of Return to an Order made by the House the matter to the economy of this State, on 9 August last on the motion of Mr. will he take the necessary action to ascer­ Thackeray, showing all payments made tain the names of the woolgrowers whose by the Government to barristers and wool clip is being diverted to New South solicitors during the 1965-66 financial year, Wales? stating the names of the recipients and the amounts received, respectively. Answer:- "Certain action has already been taken." PERSONAL EXPLANATION Mr. HANSON ~Port Curtis) (11.12 a.m.), by leave: On Tuesday last, 29 November, the SPECIALIST STAFF FOR CHILD GUIDANCE Minister for Transport sought leave of the CENTRE, TOWNSVILLE GENERAL HosPITAL House to make a ministerial statement in Mr. Davies for Mr. Tucker, pursuant to reply to a speech of grievance I made in this notice, asked The Minister for Health,- House some two months previously, on 29 Has his Department been successful in September, 1966. obtaining the necessary specialists to staff As the Minister, through some inexplicable the new child guidance centre presently desire on his part, saw fit to mention my being constructed at the Townsville General name as a landholder who had rejected a Hospital? departmental offer of compensation, I do feel that I should comment on this statement Answer:- and I am grateful to the House for allowing me to do so. "The Senior Medical Director who has not yet returned from a study tour overseas In my speech of grievance, and also in was to interview likely applicants for the previous speeches in the Legislative Assembly, position of Medical Director, Townsville. never at any time have I sought to promote It is not yet known whether he has been personal causes or any case for my own successful in attracting a child psychiatrist personal advantage-to do so would be a to Townsville." violation of electoral trust. As stated by the Minister, 157 notices of resumption were served on individual and ADDITIONAL CONSULTANT 0PTHAL­ company property-owners along the proposed MOLOGIST FOR EYE CLINIC, railway route, and, as settlement has been TOWNSVILLE GENERAL HOSPITAL reached in only 18 of these 157 notices, I Mr. Davies for Mr. Tucker, pursuant to could hardly be accused of promoting an notice, asked The Minister for Health,- individual case, or individual cases. As the representative for a large portion Further to his Answer to my Question of of the area under resumption, and following August 10, 1966, has the Townsville requests from many individuals adjacent to Hospitals Board been able to obtain the my electorate who also have been affected, I services of another consultant ophthalmolo­ would certainly be neglecting my responsi­ gist to deal with eye patients? bilities if I did not raise the matter in this House. Answer:- However, I do feel that despite the fact "The Townsville Hospitals Board has that I am a member of the Legislative advised that it has been unable to obtain the Assembly, I still have my rights as a citizen services of an additional consultant and if I feel aggrieved regarding a certain ophthalmologist. The position is being matter I will always approach the avenues continually advertised." rightfully accorded to every citizen. 2098 Grievances [ASSEMBLY] Grievances

In this particular matter, I assert that be proud. Our thinking is still influenced, personally I have a case for appeal and it is out of all reason, by the past, and although my intention to approach the Land Court. this country has gone forward both socially When the Minister stated that "settlement had and economically, our ideas concerning not been reached" he would know that this women have undergone very little change is my ultimate course of action. over many years. We have failed to treat I have confidence in obtaining a just women as "people". There is conclusive hearing from the Land Court, and I feel that evidence that intelligence and other intel­ the naming of me personally in a ministerial lectual abilities are fairly evenly distributed statement will in no way prejudice my claim. over our population and are not confined to one sex and, indeed, that they have To say that I and the other landholders little to do with the sex of the individual. mentioned, one of whom was previously a member of this House, have been incon­ The question of equal pay for equal work venienced is putting it mildly. In addition, I has become much more important in our have been reluctantly forced to place in the society today, for women have become a hands of my legal advisers matters apper­ permanent part of the labour force. The taining to certain encroachments by the ever-increasing proportion of women in the department on land held by me not under work force undedines the extent to which notice of resumption. industry is dependent upon woman-power I did mention the sincerity of the Minister and the very real contribution that women in my submissions on Grievance Day, 29 make to the national economy, and this September, 1966, and I still hold that view. I tendency is developing at a much faster rate point out, however, that in his ministerial than previously. Progressive development statement of Tuesday last he spoke about rules out the arguments that were previously delay by landholders. In waiting two months raised to deny women equal pay for equal to reply to my speech, I feel that his delay work, or to practise discrimination against was quite inexplicable. married women being employed s:olely on the grounds of being married. No longer GRIEVANCES can it be said that women are mentally or physically inferior to men in all callings, or Mr. SPEAKER: Order! I state the that the standard o.f living here would have question- to be lowered to allow of the paying of "That grievances be noted." equal wages for women. EQuAL PAY FOR WoMEN The old adage that a woman's place is in the home is long outmoded and belongs Mrs. JORDAN (Ipswich West) (11.14 a.m.): to the thinking of other days. Modern living I wish to place on record my disappointment c:onditions make such ideas old-fashioned. and dissatisfaction that the motion relating The old arguments about woman',s frailty to equal pay for women and also to dis­ and her biologica·l limitations are not only crimination against women in the Queensland hypercritical, but positively ridiculous. Public Service, of which I gave notice in the Brute strength is scarcely the gauge of a early days of this Parliament, on 4 August, person's usefulness to the community, even 1966, has not been debated during this session. with men. The notice of motion standing in my name states- Australia is one of the few countries-and 'That to remove a grave injustice which this means Queensland, too-that does not has been perpetrated on women for many grant wage justice. This is most inconsistent years, this House resolves (a) that action in view of the fact that Australia was one should be taken during the current session of the first countries to give women a vote. to introduce legislation to provide for equal It is interesting to look at the preamble pay for equal work, irrespective of sex; to the United Nations Draft Declaration in and {b) that such legislation incorporates relation to women. I will quote the relevant the abolition of discrimination against parts- women in the Public Service." ". . . discrimination against women is The fact that this motion has not come incompatible with the dignity of women before the Home for debate is indeed a as human beings, and with the welfare grievance with me, and I am sure it is also of the family and of society. Discrimina­ a grievance to many people, particularly tion against women prevents their women's organisations and women generally. participation on equal terms with men in In recognising the status and rights of the political, social, economic and cultural women, Australia has long been one of life of their community and of humanity." the most backward of the world's more A great deal has been done at international civilised countries, and Queensland in par­ level to promote the acceptance of the ticular is ,Jagging behind the rest of principle of equal pay for men and women Australia. Research has shown that workers for work of equal value. The Australia is an exceptional country from Commission on the Status of Women, a the point of view of discrimination against functional commission of the Economic and its women. This is not something of which Social Council of the United Nations, at its we as Australians, or as Queenslanders, can first session in 1947, and again at the 1948 Grievances [1 DECEMBER] Grievances 2099

and 1949 sessions, progressively affirmed sup­ ·In South Australia, on 14 February, 1966, port of the principle of equa;l pay. From the Teachers Salaries Board handed down 1948 onwards, the General Assembly of the an award in respect to salaries of male and United Nations adopted and proclaimed the female teachers employed by the South Declaration of Human Rights. This declara­ Australian Government. Women teachers tion stipulates that everyone, without dis­ will have their salaries increased from the crimination, has the right to equality. first pay period in July, 1966, in five equal annual instalments until equality has been In 1950, the International Labour Con­ achieved, and this principle will encompass ference began the consideration of the other .State Government employees perform­ question of equal pay for equal work, and ing equal work. it terminate·d in 1951 with the adoption of the Equal Pay Remuneration and Recom­ The more one investigates the pay structure mendations. These instruments have given in Queensland the more evident it is that an impressive stimulus to, and have played logic and justice were mislaid many years a highly significant part in, action to accept ago. I suggest for a start that Queensland and apply this principle. awards and judgments should remove references to "male" and "female" and that A very .long list of countries have now there should be one basic wage for both ratified the I.L.O. Agreement. I will name males and females. This action must be only a few. In the United Kingdom, at the taken by legislation, which would implement beginning of 1961 equal pay was achieved in the princip,]e over several years as has been the Civil Service and in all clerical grades in done in the cases I have quoted. It must not lo;::Jl government, electricity, gas, the coa1 be left to the industrial tribunal; it has had industry and health services. Women many many years-indeed half-a-century­ teachers achieved full equality in April, 1961. to do something about it, but has failed to All administrative, technical and clerical take even a small step. grades under an award of the British Trans­ port Commission also applied this equality I turn now to the discrimination that has at the end of 1961. In the U.S.A., in been, and is still being, practised against June, 1963, the Federal Equal Pay Bill was women in the Queensland Public Service. This passe·d following legislation in the States. has been blatant in the field of employment In Canada, about two-thirds of the female and the relative opportunities for promotion, labour force is covered by equal-pay law. as well as in the application of the marriage In New Zealand, on 27 October, 1960, bar. the Government Service Equal Pay Act was passed by Parliament. The new Act became It seems that up to 1932 there was a effective on 1 April, 1961. H required provision that both male and female clerks that the elimination of ll!ll differentials be could be appointed to the Public Service. carried out in three stages in such a way /Since then no ,female clerks have been that all differentials were eliminated as soon appointed. The only avenue open to women as possible after 1 April, 1963. In Japan, to join the Public Service was as a clerk­ the Constitution of 1964 provides that there typist who had no seniority in comparison shall be no discrimination on account of with male clerks. This meant that women's sex in economic or social spheres. chances of promotion were small. A lad just joining the Public Service would have In Austr-alia, some progress has been made. more chance of promotion than a woman At the end of 1958 a new Act in N.S.W. with 25 years' service. provided for the progressive application of the principle of equal pay. This has enabled In America a prohibition of "marriage-bar" the Industrial Commission to determine on discrimination against women in the Civil application the classes of women workers Service was adopted in 1937. It was adopted that are performing work of the same value, in the United Kingdom in 1946, and in of a like nature, and of equal value to that Canada is 1955. The Federal Government performed by men workers. Whe·re the introduced legislation in November this year Commission finds this condition to exist, to allow wome·n to retain permanent employ­ two things follow:- ment and remain in the Public Service after 1. The same marginal or secondary rates marriage if they wished. of wages apply, irrespective of the sex of In Australia, one thing we notice immedi­ the worker. ately when we look at the growth of the 2. The percentage of the appropriate work force is the increasing importance of male basic wage to be paid to women women, particularly married women. Taking became 80 per cent. from 1 January, 1959, a comparatively recent period for which we 85 per cent. from 1 January 1960, 90 per have firm figures, between the 1954 and 1961 cent. from 1 January 1961, 95 per cent. censuses the number of females in the work from 1 January 1962, and 100 per cent. force increased by an average of 3 · 7 per cent. from 1 January 1963. a year while the number of males rose by only 1·48 per cent. a year. Married women In October this year psychiatric nurses were increased by a total of 147,000 or 6· 66 per granted equal pay, the first breakthrough for cent. a year and single women by 66,000 or nurses. 1· 53 per cent. a year. 2100 Grievances [ASSEMBLY] Grievances

Indeed, it is difficult to deny the justice and even trebled, when seasons are excep­ of equal pay for equal work regardless of tionally good. It is therefore an industry of sex. If women are able to do the same work great value. as men are doing, and are en.gaged to do it, In addition, the Grain Sorghum Board why should they not be paid the same as has built up considerable assets at Gladstone; men and have the same opportunities? I make its installations there are worth $400,000. my appeal on these grounds to the moral What will happen to them if there is a reces­ conscience of the House and a sense of fair sion in the industry because it becomes play. uneconomic as a result of freight increases? SORGHUM INDUSTRY IN CENTRAL QUEENSLAND I will put the facts briefly and submit figures to the House showing that I have a Mr. O'DONNELL (Barooo) (11.25 a.m.): strong case. It is well known in the I rise to bring before the House the serious grain-growing industry that sorghum-growers position of the sorghum industry in the Cen­ receive a very small margin of profit an acre. tral Highlands. I support a move in this The Department of Primary Industries has direction that has been made to the Govern­ reported that the average yield an acre in ment, because the recent imposition of an the Central Highlands over a period of years increase of 15 per cent. on grain freight is six to seven bags. The 10-year average charges has caused much worry to primary gross return to growers by the Grain Sorghum producers in part of my electorate and to Board is $29.73 a ton, or $14.87 an acre. the east of it in Central Queensland. I shall deal with the question on an acre basis. A considerable number of producers is Usually a share-farmer in the area must engaged in the sorghum industry, and they relinquish a quarter share, which is equal to must be classified in two groups. There are $3.72 an acre, leaving him a gross return of those who are owner-operators, and those $11.15 an acre. That is not by any means who are known as share-farmers. Those in a large sum against which to offset the the latter group are the ones who have charges, and that is where the big problem perhaps been hardest hit by the drought. I arises. Capital expenditure, depreciation and say that quite unreservedly, because share­ operating costs on each operation usually farmers were the least eligible to obtain involve- drought-relief assistance. No doubt the $ Premier, if he were in the Chamber, would 2 or 3 ground workings (for recall the consternation felt by share­ example, 1 ploughing and 2 farmers in the grain industry at the need scarifyings) at $1.50 an acre 4.50 to obtain guarantors to be eligible to receive harrowing 50 drought-relief funds. That was very worry­ combining 1.50 ing to those who are endeavouring to establish 1 heading 2.00 themselves on the land by means of share­ Cartage (7 bags) at approx. 15 farming. This is, of course, apart from being cents .. 1.00 lucky in a land baUot, the only avenue open Seed and dusting 50 to a person with limited finance who wishes Total $10.00 some day to have a property of his own, which is an admirable ambition indeed. The $11.15 an acre gross return is now down The sorghum industry has contributed to $1.15. I remind hon. members that greatly to the growth and development of very few contractors would work for the Central Queensland. If it had not been rates I have mentioned, and it is important proved that it was possible to grow to keep that point in mind. sorghum in Central Queensland, particu­ The owner is in a somewhat similar larly in the Central Highlands, the present position. Although he does not have to degree of development would not have been forgo a quarter share of the gross profit, realised. As I have said before, it is vitally he still has to pay rates and rent and take important to bring people to this area, and into account his capital investment in the the sorghum industry is doing that. In project. addition to bringing to the district people Mr. Muller: Do you know that that applies who own properties, the industry has also almost throughout the farming industry? brought those who have been given the opportunity to engage in share-farming, and Mr. O'DONNELL: I appreciate the hon. they not only increase the population but member's interjection. As I said earlier, contribute their know-how as men on the I am speaking for the people of Central land and also become assets to the com­ Queensland, but I think I could be speaking munity by their quality as citizens. for the people of many other areas in the State. I feel that this industry must be respected. This year it will sell overseas 31,000 to Mr. Muller: That is pretty right. 32,000 tons of sorghum, which will return Mr. O'DONNELL: The Railway Depart­ to the State approximately $1,000,000. That ment is going to demand another $1.50 a is not "chicken feed" in any language. It ton, or 75 cents an acre, which will reduce should not be forgotten, either, that the the net profit of the individual share-farmer return from the industry can be doubled, to 40 cents an acre. Grievances [1 DECEMBER Grievances 2101

Mr. Muller: The owner is not doing any or, whilst being driven down the road, runs better. into a stationary truck or car, has in advance contracted out of this protection. Mr. O'DONNELL: I conceded that earlier. A provision-and it is a simple one-is Surely the approach to this industry must included in most contracts. It is a statement be revised. The position of a share-farmer to the effect that the passenger and his lug­ is shown by the figures that I put before gage and goods, or goods consigned, are the House, and although the owner may carried entirely at the risk of the passenger, have some slight advantage over the share­ which means that the passenger agrees in farmer, he has other difficulties to which advance to be carried at his own risk. I referred. I suggest to hon. members that Since 1949, when the Jones case was these difficulties must be resolved, and decided, road traffic has escalated consider­ resolved quickly, to give the industry the ably. Road accidents have escalated at a dis­ encouragement it so richly deserves. proportionate rate to the increase in traffic, so that today on our roads the possibility of INSURANCE OF Bus PASSENGERS a passenger's sustaining personal injury is Mr. SMITH (Windsor) (11.34 a.m.): This steadily mounting. As the tourist industry morning I wish to alert the House on what and all other movements in our State increase, I consider is a matter of substantial grievance so does the volume of bus traffic, and every to a number of Queenslanders-the provisions day numbers of people, either knowingly or contained in so many contracts for carriage unknowingly, are contracting out of the pro­ of passengers in vehicles plying for hire. tection that the Motor Vehicles Insurance Those hon. members who have been in this Act affords them. That is not a desirable Assembly since 1957 will no doubt recall state of affairs. In most instances bus pas­ that on many occasions I have spoken about sengers are not in a situation to stand their motor-vehicle insurance and the need for own insurance, and I am quite sure that most some form of protection for people travelling of them do not take out a policy of insur­ in vehicles of this type. Because of my ance to cover themselves against road acci­ persistence, there is now a Nominal Defendant dents for the duration of the bus trip. in Queensland. What I am suggesting could well increase the drain on the Motor Vehicle Insurance But even that does not go far enough in Fund, but it is a matter that could be regu­ this regard. In 1949 the Supreme Court of lated by an adjustment of premiums. I feel Queensland decided in the case of Jones v. that where bus-owners and bus-operators at Aircraft Pty. Ltd. that a passenger who was the present time escape this liability it is injured when travelling in an airline bus not a proper thing to do. ' could not recover damages because of the In 1960 this matter was faced up to in conditions of the contract under which he Great Britain. The Roads Traffic Act of was travelling. 1960 provided, by section 151- Hon. members have all seen airline and bus­ "A contraCt for the conveyance of a line tickets and have noticed various conditions passenger in a public service vehicle shall, in small print endorsed on the reverse side. so far as it purports to negative or to In very few cases does one sign the ticket, restrict the liability of a person in respect even if, as in most cases, one is the pas­ of a claim which may be made against senger or prospective passenger. Sometimes him in respect of the death of, or bodily the passenger is not involved but his agent injury to, the passenger while being car­ goes along, pays the necessary fare, and ried in, entering or alighting from the comes away with the ticket, the conditions vehicle, or purports to impose any con­ of which, nine times out of ten, are not read ditions with respect to the enforc·ement of but which, as a result of various decisions, any liability, be void." are binding upon the ticket-holder. So that, as far as public vehicles in Great Britain are concerned, there can be no con­ The Motor Vehicles Insurance Act, which tracting out. was introduced in this State in 1936, requires the owners of all vehicles to indemnify them­ In J ones's case, the Supreme Court, whicb selves and keep themselves indemnified by a was then constituted the now Senior Puisne contract of insurance against all sums for Judge, Mr. Justice Sheehy as he then was, which they or their estates shall become leg­ was asked to consider the question as to ally liable by way of damages in respect of whether or not the company's ability to con­ such motor vehicles. In the ordinary course tract out defeated the purpose of the Motor of events, any person who was travelling as Vehicles Insurance Act. a passenger in a motor vehicle that was In his decision the learned judge said at involved in an accident with another motor page 214 of the report, which is contained vehicle could proceed against either or both in 1949 State Reports, Queensland, com­ drivers with a reasonable prospect of success, mencing at page 196- because in all probability there would be "I cannot find with reasonable certainty negligence by one or perhaps both-at least the intention, object, purpose or scope of one would have been negligent. But the policy of the Motors Vehicle Insurance unfortunate bus passenger who is travelling Acts to be such as to render the contract in a bus that runs off the road and hits a tree ineffective." 2102 Grievances [ASSEMBLY] Grievances

If this contracting out has gone against the IDENTIFICATION OF CANDIDATES' PARTY purpose or intention of the Motor Vehicles AFFILIATIONS ON BALLOT PAPERS Insurance Act it would have been possible to contend with success that the contract was Mr. P. WOOD (Toowoomba East) (11.44 void thr_ough illegality. Unfortunately, by a.m.): I wish to speak on what I regard as a the readmg of some of the sections of this very simple matter and to advocate that Act, the learned judge came to the con­ before the next State general election in 1969 clusion that the purpose of the Act was to this House will take action to see that the ir:den_mify t~e owner of the vehicle and keep names of all political parties are placed on him mdemmfied. I would, with respect, bid ballot papers. We do have some control over so far as to say that that is some 17 years what appears on ballot papers for State elec­ ago, and that now, in the light of the road tions. Our political-party system is so firmly experience in those 17 years and with the established that we would not be departing inception of the Nominal Defendant the from its principles or creating new principles view may be diffe_rent and that the purp~se of if we were to label candidates whose names the Motor Vehicles Insurance Act is to appear on ballot papers at State elections with provide that an injured person can look with their party affiliations or, if they are Inde­ certainty for redress. pendents, with the indication that they are Independent. Before 1936, if a person was injured he Mr. Aikens: Don't you think that the could sue the driver, and if the driver had A.L.P. label would be a great handicap? money the injured person could get his damages. But if the driver did not have any Mr. P. WOOD: I do not think it is a money then the injured person could whistle handicap. It is a good label, and I am proud ~or his damages. That position still obtains to carry it. m many aspects of civil law today. Mr. Dav.ies: And it is a label that will In respect of motor vehicles, we must look never come to the hon. member for Towns­ ville SDuth. at th~ situation in the light of our present-day expenence on the road, our accident experi­ Mr. P. WOOD: I agree with the hon. ence on t~e road, and th~ financial experience member for Maryborough. ?f motonsts. Many dnvers today are not m a financial position to be able to meet the By labelling all the candidates on a ballot heavy cost of high damages that are awarded paper with their party affiliations, two pur­ in road-accident cases. poses will be achieved. First, voters will be more informed than they are at the moment. _I suggest that the time is well nigh when It is true that the task of deciding which thts Legislature should look at the purport candidate to vote for is the responsibility of of the Motor Vehicles Insurance Act to see the voter, but I believe that this Parliament whe_ther or not it is intended to offer pro­ should do what it can to ensure that all ~ectwn . t~ the person injured as well as voters are informed voters. On many occa­ :n?emmfymg the person who causes the sions all hon. members will have been faced m]ury. If it does go as far as I suggest it with the voter who, for confirmed, good goes-that is, if it does protect the injured reasons, wants to vote for a certain party per~on an~ ensures that, if injured, he shall but does not know which candidate is stand­ be mdemmfied and reimbursed-it would be ing for that party. proper to ensure that all carriers of We should all be concerned about what passeng~r~ . cannot contract out of their is commonly called the "donkey" vote. I responsibility. am not so sure that it is as large as it is At present, I would say that 99 out of sometimes said to be, but a percentage of 100 bus. passengers do not know the situation people vote in a very uninformed way or and their nghts of carriage, and because they haphazardly, without regard to the r~sult do not know this they do not protect them­ their votes may have. Any action that we can take as a Parliament to make these people s~lves by other insurance. That is the situa­ tiOn until the Legislature has a look at it, and better informed should be taken. We can take a step in that direction by seeing that I felt th!lt, . as t?day was possibly the last opp'!rtumty m thrs session to have the matter the party affiliation of each candidate is ventilated, it was incumbent upon me to air clearly marked on the ballot paper. We have the I_natter and to have the people concerned a precedent in that in normal Senate elections that are held every three years candidates consider the situation. I do suggest that we are grouped under the heading of their eo~!~ well follow the precedent set in Great Bntam by section 151 of the Road Traffic political parties and those without any Act. politioal affiliation are grouped separately. 1 believe it is important in naming the candi­ Mr. SPEAKER: Order! I point out at this dates that their party affiliations be included stage that preference in the call will be given on the ballot paper. to any hon. member who has not previously There is another point. It is about time spoken on a grievance. If any hon. member that the harassment and embarrassment of who has not yet raised a grievance wishes voters on the way to the polling booth ceased. tt;>. do so, I_ ask him to signify his desire by All hon. members are familiar with the rush nsmg to his feet. that faces each voter as he approaches the Grievances [1 DECEMBER] Grievances 2103

polling booth. People of all political per­ ExEMPTION oF AGED PEOPLE FRoM suasions rush the voter with how-to-vote CoMPULSORY VoTING cards. Mr. PORTER (Toowong) (11.51 a.m.): Mr. Aikens: They should be kept right Apparently there is nobody who has not away from it. already spoken. Mr. P. WOOD: On this occasion I agree I have a grievance which also flows out with the hon. member for Townsville South. of electoral experience. It was interesting If we were to put the party affiliations of to hear the comments of the hon. member candidates on ballot papers it would no for Toowoomba East, although I do not longer be necessary for representatives of know that I go along with him in his desire political parties to rush towards a voter. that election day should not be the culmina­ There are usually at least three political tion of struggle and tension but a kind of parties contesting an election; therefore, dignified wake; if it were it would be a pity. there are usually three people racing towards His suggestion of putting party names on a prospective voter to thrust how-to-vote ballot papers is not feasible, because there cards in his face. This can be an embarrass­ is no inherent copyright- ment and, at times, a harassment of the voter Mr. SPEAKER: Order! Grievances must on his way to the booth. I believe, as must not be debated. all hon. members, that voting should be con­ ducted in an atmosphere of dignity, or at Mr. PORTER: All of us who have been least with as much dignity as possible. involved in electioneering are well aware of Mr. Aikens: And tranquility. the continuing difficulties that flow from that fact. One of the difficulties is the question of Mr. P. WOOD: Yes, and tranquility. the age of the voting population. In discussing this matter we should forget party lines and Electoral officers conducting an election Government considerations. We should look are unable to indicate a candidate's party at it purely as a Parliament considering only affiliation. A voter has readily presented to what is best for the community as a whole. him all the candidates in his electorate but if he sh~uld ask a presiding officer or' poll I am not greatly concerned with the clerk which party the candidates belona- to commencing age for voters, although I he is told that that question cannot b~ recognise that there can be various shades answered and that he will have to seek the of opinion here. We have at the moment information elsewhere. While our political­ a commencnig age of 21 years. That has party system continues, the question will been the age for quite a long time. To me it seems quite a good commencing age, c<_mtinue to be asked as to which party can­ but somebody else could say it should be 18. didates represent. Our party system is well My answer is that if it is not 21, then why entrenched-it will continue with its faults some other particular age? Why should it be for many years to come-and we should 18 and not 17 or 16 or 15, or any other recognise that on our ballot papers. age? We must have some commencing age I strongly urge that the party affiliations and 21 seems to be a good one. o_f all Rolitical candidates be placed along­ It might be desirable for Governments to Side their names on ballot papers to provide consider special categories in which the information for the voter, and to prevent voting age could be dropped. We already embarrassment and harassment of voters on do this for young men serving overseas in their way to vote. the Forces. We might consider dropping the age for those who accept responsibilities, Mr. AIKENS: Mr. Speaker-­ such as people who marry before the age Mr. PORTER: Mr. Speaker-- of 21 years. After all, marriage is an enormous responsibility. If people accept Mr. SPEAKER: Order! The hen. member that responsibility, we could well consider for Townsville South has already spoken on that they should accept the responsibility of a grievance. voting. We might even consider young people who have accepted positions of trust and Mr. AIKENS: I did speak very early in responsibility in specified community organi­ the piece, but-- sations as being in a special category with Mr. SPEAKER: Order! I have already the right to vote before they are 21 years announced that any hon. member who has of age. not already spoken will be given priority. However, the starting age for voting is not the point with which I am particularly Mr. AIKENS: That is quite right. concerned, although I agree that consideration Mr. SPEAKER: Order! If any hen. member could be given to some aspects of it. I am who has not spoken on a grievance wishes to not sure what the consideration should be, speak but fails to rise and call the Chair, but the ideas I have given may be a starting I shall give the call to somebody who has point. It is the other end of the scale already spoken. The hon. member for that is the subject of my grievance. I believe Toowong. that all of us who have been engaged in electioneering work recognise that many An Honourable Member: The hon. member elderly people come up against a very real for Toowong has already spoken. problem when they are required to vote. 2104 Grievances [ASSEMBLY] Grievances

They worry about making the decision they Parliament House with a full-page photograph are forced to make and they become dismayed of the Prime Minister and a sawn-off shot-gun at the official-looking papers which they and, according to what transpired at the have to study and sign. They may even court hearing, he intended to murder the be harassed by enthusiastic party officials. Prime Minister. I believe that I have a very To people of extreme age this is very strong case when I say there is no control undesirable. It most certainly does not do over the purchase of firearms and that they a democratic system any good. are far too easy to obtain. Mr. Aikens: Age is not the factor; it I believe that suoh incidents are contributed depends on the individual. to by the rubbish sold by some shops to Mr. PORTER: That may very well be, children in an attempt to glorify war. I have but age is a contributing factor. We know here a wrapper from chewing .gum purchased that there are certain disqualifications, such by children whom I know from shops in as infirmity, but there is no definite various suburbs. It has this printed on it- disqualification because of age. "War Plip Movie" I suggest that this Parliament might well "Collect full series and make your own consider, not on a party basis but as a real war movie!! The flip mO'Vie is a real Parliament concerned with people, whether war movie taken from a Spitfire in World senior citizens should be given the right to War H as it attacks and shoots down an opt out of voting at certain ages. Of course, enemy fighter. You can see the enemy it is difficult to establish an arbitrary basis pilot baling out before the right wing is for this. If I were asked for a recommen­ blown off." dation, I would say that women at the age Inside the packet there are cards which again of 70 and men at 75 should be permitted to glorify war, and photographs that show opt out. This would mean that if they were servicemen being blown to pieces. To me this in full possession of their faculties and had is equally objectionable w.hether the men are retained a keen interest in affairs, they could Australians, Britishers, Americans, or continue to vote of they so desired. This is Japanese. the type of person whom the hon. member for Townsville South no doubt has in mind. One of the cards has on it­ Those who find that they are harassed beyond "Give 'em Grenades!" their wishes would be permitted to "give it "Two American marines hide behind the away" and would not have to worry about stump of a blown-up palm tree on Tarawa the prospect of being fined or doing something Island, in the Pacific. They toss hand wrong, which to them is probably of even grenades into the Jap pillbox baHing their greater concern that being fined. advance. The grenades explode and pieces It has to be remembered that we have a of the pillbox fill the sky." system of compulsory voting. In most other Presumably pieces of Japanese also fill the major English-speaking countries, such as sky. England, America, and Canada, voting is It is shocking that such things should be not compulsory, so that senior citizens available in the shops to condition the minds automatically opt out merely by not exercising of children to the so-called glory of war. their prerogative to vote. Where there is As did many other hon. members, I served compulsory voting, a provision enabling as a member of the armed services during the persons to opt out would have to be provided whole of the second world war. I do not in the electoral law. believe in war; I believe in peace. I am very I believe that compulsory voting imposes much against cards such as these being sold :upon senior citizens a hardship that I am to young children. quite sure was never intended. I therefore I have another one here entitled "Burma recommend to the House that consideration Donkey". It says- be given on a non-party basis to permitting senior citizens, at an age to be determined, 'The jungle in Burma is too thick for to opt out of the voting requirement. jeeps and trucks-so the Americans use donkeys. The Japs are only a mile away. The Americans attack suddenly where the SALE OF FIREARMS; GLORIFICATION OF WAR Japs least expect it, and disappear into the IN SALES TO CHILDREN jungle with their donkeys before the Mr. BROMLEY (Norman) (11.57 a.m.): I Japanese can counter-attack. These are the am particularly disturbed about the very easy men they call Merrill's Marauders, guer­ way in which fire-arms can be purchased. Two illas who wipe out many Japs and destroy recent happenings show what a dangerous a lot of Jap guns and supply posts." situation this creates. One person, described What sort of a Christian world are we living as a madman, attempted to assassinate Mr. in today when young children can buy cards Arthur Calwell, and only yesterday a report such as that, which in effect suggest that appeared in the Press of the arrest in Can­ people should be wiped out-in other words, berra of a man who, according to Press and murdered? People whose minds are con­ television reports intended to murder the ditioned in that way are able to purchase Prime Minister. In the Canberra incident, the shot-guns or rifles or revolvers of many person concerned was walking round types and attempt to assassinate the country's Grievances (1 DECEMBER] Grievances 2105

parliamentary leaders-! tie all these matters juries. I heard the Minister today give together-and I think it is shocking that such notice of the Bill, and I saw it on the things are permitted. I know it is impossible Business Paper. I am looking forward to to control everything, but I am very perturbed its early introduction. about the minds of young people being con­ ditioned by the rubbish glorifying war thai PENALTIES FOR DANGEROUS-DRIVING OFFENCES can be purchased quite easily in shops. Mr. AIKENS (Townsvi.Jle South) (12.5 Newspapers have to get revenue from p.m.): I do not intend to suggest that there advertising, but I believe that some control should be politica1 slogans on ba1Iot papers should be exercised over shops that insert but the hon. member for Port Curtis and I advertisements such as this in the Press- have "nutted out" quite a humorous pro­ "Sensational 23-inch Toltoys 'Zero 7' cedure on slogarrs and anyone can see it Combination Transistor Rifle." he,re. My purpose today is much more serious Another advertisement, which shows a than that. I may be skating on very thin sub-machine gun, says- ice, Mr. Speaker, but with your assistance I "Toltoys 'Zero 7' Special Mission Set. hope to elaborate a bit because I believe these 24-inch Firing Tommy Gun." things have to be said. I have looked at those toys, and they can be 1! refer to the recent sentence imposed turned into real rifles and guris capable of by Mr. Justice Lucas on a person convicted of killing a person without any trouble. Any dangemus driving caJusing death. The sentence child who attends a secondary school would was not the imposition of a term of imprison­ know how to convert them into 1ethal ment but merely a penalty of $500, wJlich is weapons that could accidentally kill a mem­ a paltry sum these days, and the suspension ber of the family or, perhap.;, be used to of the prisoner's driving licence for a few murder someone. months. If the Press re-port was correct the Christmas is not far away, and at this judge said that this man had taken the life time of the year people are supposed to of an innocent person, and he then paid show a spirit of goodwill towards men and some compliments to nhe killer concerned. to do unto others what they would have What concerns me-and I am sure it conce·rns others do unto them. Yet advertisements everybody in the State-is that the judge appear in the Press exhorting people to buy said in imposing the fine instead of a prison cap-firing pistols with silencers, and so on, sentence tJlat he felt sure the person must and children can quite easily buy cards have suffered remorse as the result of his glorifying war and conditioning their minds action. to the use of a rifle and suggesting that to Everybody who reads the popular Press assassinate somebody is not very wrong. That knows that I challenged Mr. Justice Lucas is the trend today, and I do not think any to a debate, and that his Associate replied right-minded person believes that this is the and said that, as a judge, Mr. Justice Lucas sort of thing with which to feed the minds was not permitted to engage in debates. The of young children. As I said, it is easy for Associate went on to say that the matter children to go into shops and purchase could stil.J be the subject of an appeal. lollies with which they get horror cards­ that is only the correct way to describe them When I wrote to Mr. Justice Lucas I did -glorifying war, assassination, and so on. so more in sorrow than in anger. I asked Parliament should endeavour to do him a question that I think we should all ask something to prevent the easy purchase of ours·elves. H a judge feels competent to weapons that could be lethal and that could assume thM a person will suffer remorse as be used to kill young people, and I hope a result of his criminal act, why is he not that my submissions will be examined. I competent to assume that the same pers·on should not like anyone to attempt to will suffer dation and bravado as a result of assassinate a member of Parliament, but his criminal act? It is just as logical to such an attempt could be made quite easily. assume that the criminal will be elated and As hon. members know, an attempt was indulge in bravado and vainglorious boasting made on the life of Mr. Calwell earlier this as a result of his act as it is to assume that year and more recently on the life of the he will suffer remorse. Prime Minister, Mr. Holt, and such attempts We are reaching the stage where people often snowball. I am sure that neither the are becoming very concerned at the variation Premier nor the Treasurer would like that in penalties being imposed as the result of to happen in Queensland, but it could. Any­ dangerous driving. Re•cently, in Mareeba one can gain access not only to Parliament a magistrate sentenced a dangerous driver, House but to many other places in the city, who did not ki11 or hit anybody, to gaol for and a person who had made up his mind to a month and suspended his licence for 18 attempt to assassinate either the Premier or months. I think that that sentence was well the Treasurer could follow him round the grounded; I would not have objected had street with a shot-gun or a rifle concealed he been sent to gaol for three months or in his clothing. even longer. Yet we repeatedly read of I wish to refer briefly to the Government's cases in the Supreme Court where a criminal delay in introducing a Bill to amend the Jury is oonvicted of the very serious crime, as Act to give women the right to serve on determined by this Parliament, of dangerous 69 2106 Grievances [ASSEMBLY] Grievances driving ca,using death and he is not gaoled I suggest that the time is overripe for at all but is let off with a fine and a Queensland to adopt the system that is in suspension of licence. operation in other countries, that is, a I am beginning to wonder, as are many separate Court of Criminal Appeal that is people, when we will have some uniformity not composed of justices of the Supreme in the punishment of these criminals, because Court but of justices who do not sit as trial they are dangerous criminals and killers. The judges. If we were to have the Court of hon. member for Norman spoke about people Criminal Appeal composed of justices who who are likely to be running around with do not sit as trial judges, at least we could rifles and shot-guns-and he spoke advisedly expect that their judgments and their decisions on that matter-but they are no more would not be tempered with mercy towards dangerous than a dangerous driver or a trial judges, because they would not be drunken driver. There is nothing accidental trial judges themselves. about driving dangerously. There is nothing Mr. Mann interjected. accidental about putting one's foot on the accelerator pedal and going as fast as one Mr. AIKENS: The hon. member can have possibly can. Then, speaking from years of his own opinion. I am going a~ well as I experience, there is nothing accidental about possibly can. If he thinks I am going a little getting drunk. It is a deliberate act. You bit further than I should, I am sure, Mr. and you alone raise the glass of grog to your Speaker, that if he is correct you will call lips and drink it. So, if as a result of thes·e me to order. I am trying to keep well within deliberate acts of getting drunk and driving the Standing Orders; I am not trying to take dangerously someone kills an innocent person any advantage of my position. and is found guilty by a jury of the serious We have reached the stage when the right crime~I repeat, as Parliament has determined of the Minister for Justice to appeal against a -of dangerous driving causing death, the sentence that is manifestly inadequate is not judge looks for some excuse or some legal a right at all, because I repeat: he must appeal substitute to allow that dangerous killer off from Caesar unto Caesar. He must appeal with a fine instead of sending him to gaol. to judges who, perhaps, have imposed the It has been said, of course, that the Minister same inadequate sentences as trial judges, so for Justice can appeal against any sentence what right of appeal is that? I appeal to this that he considers manifestly inadequate. House to consider seriously the establishment Here is the point I intend to raise, and I of a separate Court of Criminal Appeal think it is a serious point: I would certainly composed of justices who are not Supreme like those who are interested in the workings Court judges and who will not be required of Parliament and democracy-and I am to act also as trial judges. looking at the back•benchers of the Liberal Party when I say that-to consider seriously ISSUE OF REALIGNMENT NOTICES BY just what right of appeal the Minister for BRISBANE CITY COUNCIL Justice really ha:s against a sentence that is Mr. LICKISS (Mt. Coot-tha) (12.14 p.m.): manifestly inadequate. When he comes to I wish to raise a matter of grievance con­ appeal he has no real right of appeal at all; cerning attempts by the Brisbane City Council he must appeal from Caesar unto Caesar. to persuade people, when endeavouring to Supposing a Supreme Court judge lets a construct premises on land, to allow for the dangerous driver who has caused death off provision of a set-back. If the council wishes with a monetary penalty-and several judges to widen a road, the first step is to request have already done that-and the Minister the person building on the land to set back decides to appeal to the Court of Criminal his building on what, supposedly, will be Appeal on the ground that the punishment the new alignment for that road. There have was manifestly inadequate, he must go before been many instances of people refusing to set three judges of the Supreme Court. I am not back and saying they are entitled to the full going to labour this point, but I would enjoyment of the property contained in their suggest with all honesty-- titles and fighting the council on these matters. Mr. Mann interjected. There have been instances where this pro­ vision of a set-back has been a condition of Mr. AIKENS: I suggest that the hon. building and it has finally been fought out member for Brisbane should take a big dose in the Local Government Court with a of Glauber's :salts. If he comes in and decision given in favour of the landholder. deliberately interrupts me every time I make a speech, I have to retaliate. I suggest that After a building is erected the council may, he go and take Glauber's salts-a big handful by resolution under section 35 (10) of the of them. Local Government Act, place a realign­ ment notice on the developed property. I suggest in all fairness that it is only natural that judges have a tendency to stick Legislation is coming before this House together and do not like to do something amending section 35, and as I would prob­ that might embarrass one of their mates. How ably be ruled out of order if I were to fully can the Minister appeal against a fine for expand this matter I propose to deal with it dangerous driving causing death, for instance, by way of grievance. to three judges who themselves have imposed By section 35 (10) of the Local Govern­ only fines for dangerous driving causing ment Act the council, by resolution, can tleath? declare any land or building within an area Grievances [1 DECEMBER] Grievances 2107

contained on the title between the old align­ section 35 (10) should then be repealed. ment and the proposed new alignment to be I hope it will not be long before we bring subject to a realignment notice. A realign­ down uniform planning legislation for the ment notice virtually places a dead hand on whole of Queensland, and carry this pro­ land and buildings. A realignment notice by vision into that legislation to protect the way of resolution of the council can remain rights of the individual. At present, it is a in force for years, but it can also be removed form of polite blackmail being used by the at any stage without compensation. council as a shoddy form of cheap resump­ I suggest that in many instances councils tion, and as a Government we should not are using the provision for realignment as a tolerate it. form of polite blackmail if people do not ROAD TRAFFIC CONGESTION AT NYANDA accept a request for a set-back. There is no lawful provision by which the council can RAILWAY CROSSING require set-back on site application. That has Mr. SHERRINGTON (Salisbury) (12.20 been proven in the Local Government Court. p.m.): The matter I raise as a grievance is I repeat that in many instances the issuing of the serious and ever-increasing traffic problem realignment notices is a polite form of at Nyanda railway crossing on the Mt. blackmail that this Parliament should investi­ Lindesay Highway. The whole of this gate. I know of no legal provision for grievance is due to a lack of planning by appeal against a realignment notice. It is various Government departments. done merely by resolution within the council. The interstate and Queensland railway We can see the danger in this provision in the lines cross Beaudesert Road near the N yanda Local Government Act. No compensation is railway station in the vicinity of Evans payable unless the council desires to take Deakin & Co. Pty. Ltd., and to say that possession of the land. peak-hour traffic there is a shambles would Mr. Bennett: Do you know that the be a masterpiece of understatement. The Chandler C.M.O. administration used that congestion causes a serious traffic problem, provision ruthlessly? and could cause traffic accidents. Motorists traversing this highway on their Mr. LICKISS: I do not care who used it; way to Sunnybank and Acacia Ridge, or I believe it is wrong and, if it is, I will further along the Mt. Lindesay Highway, try to correct it. are faced with the problem that no matter which way they go they experience the Realignment immediately creates a restric­ same chaos. If they go by Ipswich Road tive title, particularly in relation to the area they hit the bottle-neck at the Rocklea between the old alignment and the proposed underpass. If they travel through Salisbury new alignment. People see their equity in and Coopers Plains they must re-cross both the property dwindle immediately a realign­ these major railway lines to get back onto ment notice is placed on it. They also the Mt. Lindesay Highway; no matter which experience difficulty and distress should they way they go, they encounter a similar have to dispose of such property. situation. Mr. Houston: Don't you believe in widen­ This problem has developed because of ing streets? a lack of liaison among Government depart­ Mr. LICKISS: I certainly believe in widen­ ments. Many of these areas, including Acacia ing streets, and I now propose to suggest how Ridge and parts of Sunnybank, have been developed by the Queensland Housing it should be done. Commission. Plans are well in hand to A street realignment is an alteration of the develop a large industrial area adjacent to Town Plan, and the sooner we accept this General Motors-Holden's, and to the best principle the better it will be for the people of my knowledge major companies have of Queensland. I could refer to many streets, already taken options over some of the land. such as Shafston Avenue and many others Something like an additional 400 to 500 in Brisbane, that are affected. We should homes will be constructed in the area. amend the Town Plan when a realignment On 1 September I raised this matter in is necessary, because it represents a varia­ a question I directed to the Minister for tion of the Town Plan. If we do this, Mines and Main Roads. I asked- we reserve the right of the people to object "In view of the ever-increasing volumes and we provide the right for them to claim of traffic on Beaudesert Road and the injurious affection for damage done to their congestion, particularly at peak periods, property. All these matters are denied by when railway gates are closed at the this shoddy system of placing, by resolution, Nyanda railway crossing, are plans in hand a notice of realignment on property. It is to eliminate this bottle-neck and, if so, a rotten form of cheap resumption, and the when will work commence?" sooner people in the State realise it the better it will be. The Minister dismissed the question with these nine words-- I strongly recommend that we amend the "The DepaJ;tment has no proposals at town planning legislation for Brisbane so as present under consideration." to make realignments alterations to the Town Plan in the true sense of the word. If I have no doubt that the hon. member for we carry the town plan legislation-as is Yeronga will support me in this matter. proposed---into the Local Government Act, Mr. Lee: I will do that. 2108 Grievances [ASSEMBLY] Grievances

Mr. SHERRINGTON: The position has to and from the city. In peak periods today been worsened by locating the municipal it is common to see traffic banking up for markets in Sherwood Road, Rocklea. I at least a mile from the railway gates. do not criticise their being located there, (Time expired.) but all vehicular traffic from the Red1and Bay ·salad bowl area has been diverted to RAILWAY CONTRACT TENDERlNG this general area without adequate provision being made f.or those vehicles to cross Mr. BENNETT (South Brisbane) (12.29 two major highways and two major p.m.): I am painfully aggrieved because I railway lines. As I say, the problem is am satisfied that the system of railway becoming more acute following the siting contract tendering stinks in the nostrils of of the markets in Sherwood Road, Rocklea. all fair-minded men. In the brief time at my disposal I will give three specific exam­ Before projects such as the industrial area ples. The first, and principal, one relates to now being developed in the Sunnybank area the demolition of the dome over the Central adjacent to the plant of General Motors­ Railway Station, for which tenders were Holden's Pty. Ltd. are undertaken, a survey invited; the second relates to the sale or dis­ should be made of traffic requirements in posal of a railway cottage in Lower River those localities. There is now a very great Terrace, for which tenders were called increase in the number of semi-trailers and through the Press by the Railway Depart­ other large vehicles using these roads. With ment; the third relates to the sale of railway the establishment of transport terminals in property in Grey Street, South Brisbane, for the Rocklea area and industrial development which tenders were called through the Press in Sunnybank, an ever-increasing number of by the Railway Department. large vehicles will be using the Mt. Lindesay The first matter comes under the Standard Highway. Although it is not often that I Code of Tenderin:g, whioh is supposed to be agree with the hon. member for Y eronga, I used by the Railway Department and clause 5 agree with him on this matter. I know he is of which says- concerned about the Rocklea underpass, land "Before tenders are invited the Authority for which was resumed about 11 years ago. shall cause to be prepared Tender Docu­ Passing through the Rocklea area is an ever­ ments and the Authority shall then invite increasing problem for users of that section tenders for the contract for a period of at of the Mt. Lindesay Highway. Here is a least 21 days before the closing date for bottle-neck of some magnitude, because peak receipt of such tenders unless circumstances periods in road traffic .correspond with peak make a shorter period desirable." periods in rail transport. In relation to the dome of the Central Rail­ Mr. Lee: When the fly-over at Rocklea way Station, it was noised abroad some time earlier in the year that it would be demoli:>hed goes in, the situation will be relieved some­ and that some contractor would be fortunate what. enough to obtain the job. On 31 August this year the wife of Douglas John William Sim, Mr. SHERRINGTON: It will to some the managing director of Sim Construction extent, but the problem that I am outlining Co. Pty. Ltd., well-known demolition con­ is in effect the reverse of the one that con­ tractors in Brisbane, telephoned the contract cerns the hon. member for Yeronga, because department of the Railway Department to those who avoid the Rocklea underpass face inquire about the proposal to demolish the the problem presented by this railway dome of Central Railway Station. She was crossing if they wish to travel along the assured at that time that tenders would be Mt. Lindesay Highway. The only remedy called and that, when they were, they would is an underpass or an overpass. At present have to .go through the contract department. a prehistoric set of railway gates controls She requested that the company of which her road traffic. Even modern boom gates, how­ husband was managing director should be ever, would do nothing to reduce the huge notified when tenders were called, and she was bank-up of traffic on each side of the gates to1d that this would be done. at peak periods. It must also be remem­ Much to the consternation and surprise of bered that in the vicinity is the very large Mr. and Mrs. Sim, about three weeks later engineering firm of Evans Deakin & Co. Mr. Sim read in "The Courier-Mail" that a Pty. Ltd. This problem exists throughout tender had been let for the work, and he the entire day whenever the gates are closed immediately telephoned the contract depart­ to allow a train to pass over the crossing. ment of the Railway Department and referred to the conversation that his wife had had I raise this matter because the Minister with the department previously and asked why for Main Roads said as recently as 1 Sep­ his company had not been notified of the tember that no plans have been made for the tender. The person in the Railway Depart­ elimination of this bottle-neck. It was only ment who dealt with the matter said that the a couple of weeks ago that the same tenders had not gone through the contract Minister said that usually planning in such department and that they knew nothing about matters is done six years in advance. I hope them. Both Mr. and Mrs. Sim made several I understood him correctly and am attribu­ subsequent telephone calls to various branches ting to him what he did in fact say. If that of the Railway Department but did not is so, in six years there will be absolutely receive any satisfaction. Subsequently, a man unbelievable chaos on this major highway claiming to 'be Mr. Egan, who is known to be Grievances [1 DECEMBER] Grievances 2109

the principal railway architect, telephoned regard it is to be admitted that the depart­ Mr. Sim and said that he had not been in ment invited tenders through rhe co1umns touch with the company, although he had of the daily Press, including "The Cou·rier­ been in touch with all other demolition con­ Mail". It is a pity it did not do ~he same tractors listed in the pink pages of the for the demolition of the Ce'lltral Railway telephone directory, because he had failed to Station dome. In any case, this railway see the name of Mr. Sim's company there, cottage was sufficiently attractive, and the which was rather a weak and lame excuse. competition keen enough, to bring in four Incidentally, I point out to hon. members tenders. One wou1d e:xcpect that the highest that that statement is in direct conflict with tenderer would be entitled to the contract for the answer given by the Minister for Trans­ purchase, but what did the Railway Depart­ port to the question asked by my colleague ment do? Apparently having decided to sell the hon. member for Nudgee, Mr. Melloy, in the house, and, according to the columns which the Minister said that quotations were of the public Press, being keen on getting invited from two companies-T. F. Woollam the best value by inviting public tenders, it and Son Pty. Ltd. and Moran Bros. Holdings has now decided not to sell the cottage. Pty. Ltd. As I said, Mr. Egan told Mr. Sim What is going to happen to this railway that he had telephoned every contractor whose cottage? :I have been relirubly informed that name was shown in the pink pages of the it is no longer required for railway purposes telephone directory. Mr. Sim was very dis­ becaus·e of the rearrangement of the satisfied with what he considered was com­ Woolloongabba railway yards and the lack pletely irregular procedure in the letting of of work there. The Railway Department does this contract. not want ~t. It had indicated that it did Mr. Sim has been reliably informed that not want it by calling tenders for its purchase, the company T. F. Woollam and Son Pty. but who will get it now? Having tested Ltd. is the contracting authority for the the public market and having learnt the reconstruction of the new portion of Central highest price the public is prepared to pay, Railway Station-that is, the new awning. will somebody within the political friendship He has been reliably informed, also, that the of the Government find that if he increases company has not the equipment to carry out the offer that was publicly tendered on the the necessary demolition work. It appears open market by the highest tenderer he will obvious that when that company was invited be granted the opportunity of buying this to tender for the demolition work it was cottage? only a formality. The company did not want the contract and, in order to ensure Mr. Chalk: Is the r·esidence occupied. that it did not get it, it priced itself out by tendering the ridiculously high price of Mr. BENNETI: When I was assiduously $19,794. That would mean, on the Minister's door-knocking during my campaign it was admission, that in reality only one firm was not. asked to tender for this specific contract, Mr. Chalk: Was it rented? That was Moran Bros. Holdings Pty. Ltd., which tendered the comfortable sum, but still Mr. BENNETI: :It was not rented. on a high plane, of $12,800, approximately Mr. Chalk: You maintain that it is $7,000 less than Woollam's tender, which indicates that Woollam definitely did not want vacant? the contract. Mr. BENNETI: When I was door­ So that in this .regard tlle contracting system knocking there was no tenant. As a matter of the Railwa:y Depa1rtment favoured one of £act, vandalism was going on. particular firm and gav·e no other firm the Mr. Chalk: :It has been rented. opportunity of competing in this field. My submission, as part of my gdev·ance, is that Mr. BENNETT: It was not then, because in these matters the old adage applies that damage had been done to the bathroom. justice must not only be done but must also (Time expired.) appear to be done. lf there is the opportunity for graft and corruption there are always PROPOSED EsTABLISHMENT OF "EDUCATION those who eventually, if not ear.Jier, wi:ll HoUSE" IN MARYBOROUGH take advantage of the wea;,kness in any system. Surely it is a weak system that contracts of Mr. DAVIES (Maryborough) (12.40 p.m.): this nature s'hou1d be dealt with in this On a number of occasions in the House I fashion, when special and privileged persons have said that there should be established are contacted and others are ignored and in Maryborough a building of education to disregarded until finally the field of tendering be known as "Education House", and because is narrowed down, in practical fashion, to I consider that insufficient progress has been one firm. No doubt a lot of people could made in the consideration of this proposal I be playing mates in this regard. mention it here this morning. I mention also, in the brief time at my It is most essential, for a number of disposa;,l, the matter of the railway cottage reasons, that such a building be erected in at 1,25 Lower River Terrace, K·angaroo Point, Maryborough. This building would house for which the R!ailway Department called the local Director of Education for the Wide public tenders and received four. In this Bay area, which is a very extensive area, an 2110 Grievances [ASSEMBLY] Grievances

Adult Education Centre, a centre for the set-up between the Commonwealth and the Rural Youth Organisation, and also a centre State, with the State apparently being satis­ for the university branch that exists in the fied with the moneys it receives from the City of Maryborough. I suggest, as I have Commonwealth, I do not know what is going suggested previously, that, rather than erect to be done about providing increased grants a new building, the Government should make to adult education. arrangements for the local School of Arts The extension of adult education is building to be remodelled. The School of curtailed by shortage of funds. Some Arts is a very fine building. The front years ago the Minister for Education pro­ portion is of good appearance and would vided quite good temporary arrangements require very little reconstruction and remodel­ by renting a building in Ellena Street, ling, but the rear part of the building is very Maryborough. However, it is now entirely old and dilapidated and is likely to fall down unsatisfactory and inadequate, and the pro­ at any time. It is in a very sad state of gress and development of adult education repair. It was added just as a temporary activities in this area are seriously curtailed measure at the back of the front portion, because there is insufficient room. That is and part of it is not regularly used. One part another very important reason for the Govern­ of it is used a:s the School of Arts library. The ment's giving favourable consideration to Government could arrange to take over this my suggestion. The School of Arts proposal building after a suitable agreement has been would be much cheaper than procuring a new reached with the School of Arts committee. site. The purchase price of the land would The committee does an excellent job in Mary­ be saved and suitable sites are hard to get borough and has extended its library facil­ because few, if any, are available. The ities by providing a travelling library to visit front portion of the building could be con­ centres around Maryborough. It deserves siderably improved and, all in all, it would any consideration that can be given to it be much cheaper for the Government to by the Government in any discussions that accede to my request than to acquire may take place if the Government declared another site. its willingness to take over this building. Another very important organisation If the dilapidated portion of the building occupies the top floor of the School of Arts, was pulled down, ample room could be pro­ namely, the university branch, which is a vided for the erection of the number of splendid organisation in Maryborough. Its storeys that the foundations would allow. The activities have been considerably extended and library need not be interfered with. Any its facilities are being used by an increasing alteration to the system of library control in number of university students as a study the City of Maryborough is, I feel, a matter room and library room. Facilities for for agreement between the Maryborough City receiving lectures direct from Brisbane are Council and the School of Arts committee. If also provided. This organisation should be the two parties came to some agreement, then given every assistance. the day might arrive when we will see the The Rural Youth Organisation should be establishment of a council library, such as housed in such a building. There could also exists in many other centres in the State. In the be a central office for the Sub-Normal meantime the library could continue under Children's committee. Their school is a con­ the control of the School of Arts committee. siderable distance from the proposed centre, At the present time the local Director of but this building would be a good place for a Education has a big staff, to accommodate central office as it is right in the heart of the which there is not sufficient room on the top city. floor of the Commonwealth Bank. I believe The building could also be used by any that the lease will expire within the next other organisations associated with education 18 months or so, so that it is very necessary or cultural activities. The National Fitness that provision be made for a permanent Organisation in Maryborough is looking for home for the staff of the Department of new rooms. Perhaps it could be given Education in Maryborough. This department temporary accommodation in the School of is an important one and is the centre of all Arts, because sooner or later-as chairman educational facilities that are provided in of the National Fitness Organisation-! hope North and South Burnett, Bundaberg, Mary­ to establish a National Fitness headquarters. borough, and down as far as the Gympie Meanwhile-and possibly for some consider­ area. It is a department that needs every able time-it could be given temporary consideration in its development and expan­ accommodation. Even when the headquarters are built it may be necessary to have a room sion, and in the provision of satisfactory at the centre, right in the heart of the city, accommodation. for this organisation. The Adult Education Council for the stat­ For all those reasons, I urge that speedier istical area of Maryborough is centred in consideration be given to my proposal. I Maryborough and it provides facilities from repeat that it will be cheaper for the Govern­ Maryborough down to Gympie and, once ment to take over this building than to again, North and South Burnett and Hervey acquire another site. After discussions have Bay. I am not going to enter into a speech taken place and some suitable agreement on this subject, but adult education is serving has been reached with the School of Arts a good purpose throughout the State; there committee, these suggestions should be imple­ is no doubt about that. Under the present mented as quickly as possible. I hope that Grievances [1 DECEMBER) Grievances 2111

favourable and urgent consideration will be A specific instance relates to the C.E.M.A. given to this matter by the Department of plan, which we adopted readily and happily. Education, the Department of Works, and But it was agreed to by the State Government the Government. apparently without reference to this State Parliament. As I recall, no statement was MINISTERIAL STATEMENTS FOLLOWING MINIS­ made on that matter. Subsequently legislation TERIAL CONFERENCES; ASSISTANCE TO came before the Commonwealth Parliament DAIRY INDUSTRY on the subject. Again the State was com­ mitted to something that was fairly important Mr. MURRAY (Clayfield) (12.49 p.m.): to the State, and no statement was made. This is the first occasion on which I have It would be more satisfactory if the Parlia­ spoken on a matter of grievance. I commend ment and the people of this State were the Premier and the Government for making advised by ministerial statement made on time available for a Grievance Day as it behalf of the Government, at the first allows hon. members to raise matters which available opportunity, what the State has they consider are important and which they been committed to. I think this is proper and believe can more properly be brought to the should be done. attention of the House and the Government than by the ordinary form of debate in this I know that if our State Minister for Assembly. Primary Industries attends the meeting of the I wish to speak about some related matters. Council of Agriculture prior to our next You will recall, Mr. Speaker, that I posed sitting of Parliament he will have to deal a question the other day which you dis­ with the controversial problem of a quota allowed. I am quite happy about it because system for margarine. This is a vexed you felt that it perhaps reflected in some way problem. Obviously New South Wales has on a Minister, and perhaps my phraseology put it aside until the next meeting of the was rather blunt and direct. When I posed Council of Agriculture. Our Minister may the question I was asking the Minister for make a tentative commitment on this Primary Industries whether he would be extremely controversial maHer pending attending a Council of Agriculture-- approval by Cabinet. Mr. SPEAKER: Order! The hon. member Although I do not want to enter into an is aware that under the Standing Rules and argument about it, it is an example of how commitments can be made, without reference Orde-rs the disallowance of a question can­ to Parliament or discussion by the members not be made the subject of a debate. I duly elected to represent the people, on trust the hon. member will not refer further matters of very great controversy. This to that question. If he has any grievance trend has to be watched because it is not relative to the matter raised in his question a healthy one. If continued in its present I have no reason to stop his commenting fashion, far too many matters would be on it, but he must not comment on questions. decided by the Executive outside the scrutiny and control of Parliament. Mr. MURRAY: That is why I rose to speak. Many of us, I think, have been I know that this has been raised academi­ worried for a long time about the established cally, and in a practical parliamentary sense, practice of Commonwea.lth and State Minis­ by many people in this and other countries. ters meeting to make decisions on various The Minister will have to face up to it, matters, such as at Attorneys-'General con­ and how he does that will be of great ferences, and Mines Department conferences; interest to the people of Queensland. No in this case it is a meeting of the Council of doubt he was sent an agenda before this Agriculture. It seems that at all these types meeting was held, and one would assume of gathering commitments are made by one that he discussed some matters with the method or another. I am not qute sure of Premier or Cabinet before attending it. Any the system. It seems that State Ministers Minister in any administration could find commit a State, either tentatively or firmly, himself in that position. Making decisions to particular lines of action. The Common­ on controversial matters, without giving the wealth introduces some matters that need House an opportunity to ratify them, is a Commonwealth legislation and complement­ dangerous trend. ary State legislation to put the whole matter in I now want to tread on somewhat holy train. There are some matters which need ground for a few minutes. I am very greatly only Commonwealth legislation, part1cularly worried about whether sufficient is being in the form, perhaps, of Commonwealth tax, done for the dairy industry. with which it appears the Commonwealth does not proceed unless the State Ministers concur; Mr. O'Donnell: You don't look worried. in other words, the State Governments concur. The Parliament should be informed by Mr. MURRAY: I am very worried indeed. The Premier very rightly introduced a pasture ministerial statement just what the State improvement scheme. It has been done has been committed to in matters which in New South Wales in a more limited require State consent or State compiementary field. We are committed to the spending legislation. I know that this is not an isoiated of $1,500,000 a year for five years. case; it is a system that has grown up over a long period. Mr. Nicklin: $720,000 this year. 2112 Jury Acts Amendment Bill [ASSEMBLY] Medical Acts, &c., Bill

Mr. MURRAY: That is very good. The RADIOACTIVE SUBSTANCES ACT scheme will be excellent if properly carried AMENDMENT BILL out, as we hope it will be, by expert officers and those who receive advances. The INITIATION scheme is perfectly clear. It will help to Hon. S. D. TOOTH (Ashgrove-Minister fill the bucket, and that is what it is for. for Health): I move- Mr. Nicklin: There have been 650 "That the House will, at its present applicants already, of 14,000 possibilities. sitting, resolve itself into a Committee of the Whole to consider introducing a Bill to Mr. MURRAY: I am delighted to hear amend the Radioactive Substances Act of that people are taking advantage of the 19 58 in certain particulars." scheme. Because the bucket will get more Motion agreed to. in it, the serious problem is then posed of what is to happen to the greater milk production? This is a national matter and CARRIAGE OF GOODS BY LAND one of very grave concern to Australia. (STANDARD LIABILITIES) BILL If we fill the bucket without at the same INITIATION time doing something about the marketing system and its diversification, the object of Hon. W. E. KNOX (Nundah-Minister for the exercise will be somewhat defeated. Transport): I move- This is a very serious matter indeed, and "That the House will, at its present the nation must face up to it. sitting, resolve itself into a Committee of the Whole to consider introducing a Bill I think it is high time to look at the to amend the law relating to the liabilities report of the 1960 committee of inquiry of carriers of goods by land." into the dairy industry and endeavour to see what should be done about subsidies, Motion agreed to. marketing and general trends in the industry. We cannot continue as we are now and STAMP ACTS AND ANOTHER ACT still expect the dairy industry to have a AMENDMENT BILL healthy future. Question-That grievances be noted­ THIRD READING agreed to. Bill, on motion of Mr. Chalk, read a third time. [Sitting suspended from 1 to 2.15 p.m.] LAND TAX ACTS AMENDMENT BILL In accordance with Sessional Order, the THIRD READING House proceeded with Government business. Bill, on motion of Mr. Chalk, read a third time. SURVEYORS BILL

INITIATION QUEENSLAND MARINE ACTS AMENDMENT BILL Hon. G. W. W. CHALK (Lockyer­ Treasurer): I move- TIDRD READING "That the House will, at its present Bill, on motion of Mr. Chalk, read a third sitting, resolve itself into a Committee of time. the Whole to consider introducing a Bill to consolidate and amend the law relating to surveying." MEDICAL ACTS AND OTHER ACTS Motion agreed to. ADMINISTRATION BILL INITIATION IN COMMITTEE JURY ACTS AMENDMENT BILL (The Chairman of Committees, Mr. Hooper, Greenslopes, in the chair.) INITIATION Hon. S. D. TOOTH (Ashgrove-Minister Hon. G. W. W. CHALK (Lockyer­ for Health) (2.19 p.m.): I move- Treasurer): I move- "That a Bill be introduced to provide "That the House will, at its present for the finance of the administration of sitting, resolve itself into a Committe of the Medical Acts, 1939 to 1963, the Dental the Whole to consider introducing a Bill Acts, 1902 to 1961, the Pharmacy Acts, to amend the Jury Acts, 1929 to 1964, in 1917 to 1959, the Optometrists Acts, 1917 certain particulars. to 1959, the Nurses Act of 1964 and the Physiotherapists Acts, 1964 to 1965, and Motion agreed to. for other purposes." Medical Acts and Other [1 DECEMBER] Acts Administraticn Bill 2113

This Bill is of a purely machinery and Mr. TOOTH: No, it deals purely with the administrative nature notwithstanding the financing and administration of the various somewhat intimidatory appearance of the boards and the powers of the registrar or title. Its main objectives are- the chairman in respect of registration or 1. The repeal of Part VU of the Medical restoration of registration where registration and Other Acts Amendment Act of 1933, has lapsed. and the re-provision of the operative With the growth of the professions and sections thereof which deal mainly with the demand for professiona:l services, the the administrative and financial arrange­ boards with the exception of the Nurses ments of the various professional boards Board have considered it expedient focr the administered by my department. president or the chairman acting as executive 2. To validate the actions of these officers of such boards to grant registration boards in delegating authority to executive or authorise restoration to the registers officers, or in the cas·e of the Nurses between meetings of the boards and to have Board, the registrar, to grant registrations such action confir-med at the next oTdinary or restoration of names to the relevant board meeting. r-egisters, subject to confirmation at the The Nurses Board has delegated to its next meeting of uhe respective board. r-egistrar authority to register and restore 3. To provide for a deputy registrar to names to the r-e-gister where such applications have the same powers, authority, etc., as are in order and to refer to the board only the registrar of the board, subject to those applications requiring its administrative direction by the registrar. decisions. The Medical and Other Acts Amendment Act Whilst the action of the board in delegating of 1933 amongst other things was designed powers of registration and restoration to its to take over the administration of the then executive officers is doubtless expedient, and, existing five professional boards, namely the with a view to ease of administr-ation a Medical, Dental, Pharmacy, Optical and the very necessary one, it appears from an Nurses and Masseurs Registration Boards. opinion recently obtained that these pro­ There are now six boards, the Nurses and cedures are not technically correct. As the Ma·sseurs Registration Board having been respective Acts now stand the board is the divided into the Nurses Board of Queensland only authority which has the power to grant and the Physiotherapists' Board of r-egistration, restoration, etc., as the case may Queensland. be. Part VII of the Medical and Other Acts It is deemed essential however, that the Amendment Act, which is now being repealed, existing procedures should be continued, not provides for the payment to Consolidated only from an administrative point of view Revenue from the funds of each of the five but also as they appear to be in the best boards previously mentioned, a proportion of interests of all concerned. As an illustration the cost of administering such boards, the I will quote the case of a medical practi­ expenditure involved having been paid in tioner from another S~ate who accepts an the first instance by my department. With the appointment at one of our hospitals or division of the Nurses and Masseurs Regis­ institutions. He arrives in Queensland three tration Board some doubt exists as to whether weeks prior to the holding of the next ordin­ the newly constituted boards could be called ary meeting of the Medical Board. Unless upon to bear their proper proportion of the immediate registration, subject to later con­ cost of administration. To overcome this firmation by the board, can be effected, he situation it is considered desirable to provide would be denied the right to practise his for the inolusion of the new boards by a new profession in Queensland during the inter­ enactment rather than amend the relevant vening period. This, it is felt, may have an section of Part VII of the Medical and Other adverse effect on the recruitment of staff Acts Amendment Act. This is the only from other States, and, in addition, this part of that Act which appears to be of State would be deprived of his services until any remaining substantive effect. Various the board met some three weeks later and amendments over the years since it was approved of his registration. The same argu­ passed have gradually eroded it and its legal ment applies to nurses where the numbers force and we are now repealing the only of registrations and restorations are consid­ part which appears to have any remaining erably greater than in any of the other force. The Bill names all six professional professions. boards to be incorporated therein. With the The proposed new sections will not only passing of this BiU very little of the Medical validate past actions of the various boards and Other Acts Amendment Act will remain in this regard but will also put beyond doubt on the Statute Book and uhose parts which the legality of such actions in the future. must of necessity remain will, as the Acts Clause 6 expressly authorises the president they refe·r to come up for amendment, be or chairman or any other authorised deleted and incorporated in such amendments. member of the board, and in the case of the Mr. BromJey: Will this Bill affect the Nurses Board, the Registrar, to register or Workers' Compensation Act Amendment enrol any persons entitled to be registered Bill? or enrolled, or to restore to the relevant 2114 Audit Acts, &c., Bill [ASSEMBLY] Agricultlltral Chemicals, &c., Bill register the name of any person so entitled, and is not an officer of the Public Service. subject to confirmation by the board Consequently, because of the statutory pro­ concerned. visions in the Audit Act, his salary can be Over the years the administrative duties adjusted only by Parliament. Under the of the office of the Registrar of the Medical recent variation of the Public Service Award, Board and other boards have vastly increased. approved by the Industrial Conciliation and For example, in 1934 there were 602 medical Arbitration Commission of Queensland, the practitioners on the register. This year the maximum increase granted to the highest number is 2,021. With the growth of the salary prescribed under that award was registers, the establishment of an additional $1,038 a year. It is proposed that the salary board, and an increased volume of work, it of the Auditor-General be increased from is deemed necessary that, in addition to the $10,698 a year to $11,756 a year, or an registrar, deputy registrars be appointed from increase of $1,058. the existing staff to attend meetings of some Prior to 1953, the salary of the Auditor­ of the boards and to carry out other duties General was not subject to basic wage adjust­ ordinarily required to be performed by the ment. In legislation passed since 1953, pro­ registrar. Clause 8 of the Bill now before vision has been made for an annual adjust­ the Committee is designed to provide deputy ment as from 1 July each year according registrars so appointed with the same auth­ to the increase or decrease in the basic wage ority as a registrar, when they so act, subject over the preceding 12 months. That pro­ to the direction of the registrar. vision is continued in the Bill. As I have indicated in my opening remarks, Increases under the Public Service Award this measure is merely to clarify the law operated as from 23 May of this year and and to vary certain administrative procedures it is proposed that the increase in the salary applicable to the Medical Board and other of the Auditor-General should also take boards administered 'by my department. effect as from 23 May of this year. I commend the Bill to the Committee. Mr. HOUSTON (Bulimba-Leader of the Hr. HOUSTON (Bulimba-Leader of the Opposition) (2.33 p.m.): The Opposition will Opposition) (2.29 p.m.): In most cases the not oppose the introduction of the Bill, but Opposition and other members of the Com­ will make a close study of it when we receive mittee take the opportunity at the intro­ a copy. I do not think anyone wishes to ductory stage of discussing many matters deny any officer of the Public Service his associated with the amendment and, in some right to receive a just salary for his efforts cases, the legislation. On this occasion, as on behalf of the State. By the same token, the Minister has indicated, this is pureJy an we do not believe that he should lose his administrative Bill in regard to the financing relativity with other officers employed by of the various boards, and it will also make the State whether in regard to salary or other legal many operations that are now going on privileges. At the same time, however, we under the present administration of the Act, consider that, at some stage, there should be and I feel that it would be wiser for us to a complete review of the relativity of wages have a look at the Bill and then use the of some of our officers. It seems strange appropriate time on the Second Reading to that those with higher responsibility than discuss any matters that are worthy of fur­ officers in the lower wage structure should ther discussion. At this stage we are quite receive a greater amount than the latter happy to leave further comments until later. officers as a result of a court judgment Motion (Mr. Tooth) agreed to. granting an increase based purely on a rise in the cost of living and other associated Resolution reported. factors. Principles are involved, and mem­ bers of the Opposition would like to study FIRST READING the matter of relativity, so we reserve our Bill presented and, on motion of Mr. mam comment until the second-reading Tooth read a first time. stage. Motion (Mr. Nicklin) agreed to. AUDIT ACTS AMENDMENT BILL Resolution reported.

INITIATION IN COMMITTEE FIRST READING (The Chairman of Committees, Mr. Hooper, Bill presented and, on motion of Greenslopes, in the chair) Mr. Nicklin, read a first time. Hon. G. F. R. NICKLIN (Landsborough -Premier) (2.31 p.m.): I move- AGRICULTURAL CHEMICALS DISTRI­ ''That a Bill be introduced to amend the BUTION CONTROL BILL Audit Acts, 1874 to 1965, in a certain particular." SECOND READING Briefly, the Bill provides for an increase of Hon. J. A. ROW (Hinchinbrook-Minister $1,058 a year in the salary of the Auditor­ for Primary Industries) (2.37 p.m.): I move­ General. As hon. members know the "That the Bill be now read a second Auditor-General is responsible to Parliament time." Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2115

I think it would be fair to say that the in the process of appointment, but perhaps objective of this Bill has the general support it is better to have a specific provision in of hon. members. The main concern the Bill itself. expressed related to particular provisions. The changes that I have mentioned are Some hon. members expressed the view that the only major ones, and I propose now the widening of some of the provisions may to run over the main points that may not be desirable; others sought explanations of be readily apparent from a quick reading some of the proposals contained in the Bill. of the Bill and, in doing so, deal with the Many of the points raised no doubt have points raised by hon. members at the been clarified now that members have had introductory stage. an opportunity to study the Bill. A good deal of emphasis was placed by Since I introduced the Bill I have given members on the need for compensation to further consideration to some aspects and farmers who suffer damage. An important there are a few amendments I shall be function of the Bill is to provide the means moving. They arise largely out of suggestions whereby they may recover for damage or made during the introductory debate. Those injury. Perhaps an even more important suggesti01l.S were most helpful. As I have function of the Bill is the attempt to prevent intimated previously I am ready to listen to damage occurring. The Bill could be summed any good suggestion made by any hon. up by saying it is mainly designed to prevent member on either side of the Chamber. Some damage from aerial and ground spraying, of the amendments are minor drafting ones. and to make it easier to obtain compensation Some amendments are consequential on if some damage should occur. chang~ in other clauses. I shall formally The main methods by which prevention move the amendments later on, but in the is to be achieved are- meantime I feel that members should be (1) Licensing of the people who carry informed of their effect. out commercial spraying; One of the main changes is that the (2) Providing for standards of efficiency decision on suspension or cancellation of a for operations, equipment and chemicals; licence under clause 21 should rest with and the Minister on the recommendation of the (3) Providing that commercial operators board rather than just with the board. are knowledgeable in this field. The second one is that under clause 22 the The methods sound very simple, but a lot appeal should be from the Minister to a court of detail in provisions is needed to carry rather than from the board to the Minister. them into effect. There is no doubt some virtue in avoiding litigation costs, but I personally do not like Let us look at the provisions concerning appeals being made to a Minister. I am the first two points. Firstly, the operators, happy to adopt the suggestion that the appeal whether they are pilots or commercial should be made to a court. In this case I ground operators, must be licensed. The propose that any operator whose licence is Bill then makes it an offence for a licensed cancelled or suspended by the Minister on operator to use any agricultural chemical the recommendation of the board shall have in his operations unless it is registered under the right of appeal to a district court judge the Agricultural Standards Act. The chemical or a magistrate. used must also conform to the registered composition and be in accordance with the Another main change concerns inspection directions and recommendations of the powers. These are dealt with in clause 34. Agricultural Requirements Board under the The clause provides that an inspector may Agricultural Standards Act. This should give enter and make any search for spraying a very good measure of control. equipment. The change proposed is that The board consists of specialist officers provision be made requiring an inspector to of my department, and all such chemicals obtain a warrant before entering a private are thoroughly screened. To give members dwelling without the consent of the owner some idea of the thoroughness of the board's to search for spraying equipment. screening of chemicals, I might mention some On the same subject, I propose to adopt of the aspects that they investigate. These a suggestion that the provision in clause 40 include toxicity of the chemical, its formu­ regarding the right to refuse to answer lation, its compatibility with other materials, questions if the answers will incriminate and its persistence after application. In be transferred from clause 40 to clause 34. addition, rates and methods of application, This will clearly relate it to the inspectors' and its ability to control specific pests, powers to require answers to questions, and diseases and plants are studied. Registration will avoid possible confusion regarding the is not recommended unless the chemical is rights of anyone being questioned. efficient for the purpose claimed. Many The only other amendment of any aspects are considered, and I mention a consequence will be in relation to the few merely to illustrate that on the registration constitution of the Agricultural Chemicals side there is very careful screening. Distribution Control Board in clause 8. I Whilst on the subject of agricultural propose to provide here that one of the chemicals, I should like to refer to the members nominated by the Minister be a problem of toxic effect on humans. I think person well versed in aerial distribution the hon. member for Mt. Coot-tha raised matters. This could have been done simply this point. Let me make it quite clear that 2116 Agricultural Chemicals [ASSEMBLY} Distribution Control Bill

this is an agricultural Bill designed to provide introductory stage that the part of the Bill for the effective control and the safe use relating to aerial spraying is based on a of chemicals for agricultural purposes. It uniform Bill drafted to provide a guide for does not go beyond this purpose except all States. The whole matter was handled to provide that in the case of reported through the Australian Agricultural Council damage an expert report is prepared by and, as a result of this Australia-wide agricultural technical experts and is available co-operation, a chemical rating manual has as expert evidence in any action for damages. been prepared for the instruction and Agricultural chemical experts are not of information of pilots. The manual is themselves competent to certify to actual regarded as one of the most complete publi­ personal injury. This is a matter for medical cations of its type in the world, and I have experts In this regard, however, the expert a copy of it here. It is written in simple report dealing with the use made of chemicals language and is available to all aerial agri­ is, of course, available. culture operators and other interested parties. I repeat that the Bill is a first step forward It covers the whole field, including the and provides greater safeguards than have formulation and use of chemicals, hazards in ever existed before. I might add that, their use, application techniques, equipment, because of the inclusion of ground spraying, weather effects, and medical aspects. it will provide greater safeguards than are Clause 12 of the Bill provides that unless provided in any other State. a person holds a commercial or senior com­ Whilst on the subject of personal injury, mercial pilot's licence endorsed with an perhaps I should refer to a matter raised agricultural rating and also holds the pre­ by one hon. member during the earlier scribed qualifications, he may not apply for debate. He drew attention to some differ­ a pilot chemical rating licence. The pre­ ence between the provisions of the Victorian scribed qualifications will include a sound Act and the Queensland Bill on the subject. knowledge of the contents of the manual. I have had a further look at this aspect, In addition, on the aircraft side, the and I draw the attention of hon. members Department of Civil Aviation has developed to clause 25 (2) of the Bill. This concerns an agricultural pilot manual. This covers the policy of insurance to be taken out by aerial aspects, such as operations planning, the owner of the spraying equipment to pilot techniques, air worthiness and weather cover claims for loss, damage or injury factors affecting aerial agriculture. Hon. arising from aerial or ground distribution. members will see that, on the educational side, the pilot will be required to be Mr. Bromley: Personal loss? extremely knowledgeable, and this is a big Mr. ROW: Yes. The hon. member will step forward. note that it covers claims for loss, damage The position as far as ground spraying or injury arising from aerial or ground dis­ is concerned is not so far forward. It is tribution. It will be noted, too, that no intended to prepare a ground spraying limitation is placed on injury. It is not manual dealing with herbicides, and planning restricted to crops or livestock, and injury of the manual is under way. Commercial to human life is not excluded as far as ground-spraying operators will have to pass recourse to the insurance cover is concerned. a test to ensure that they are adequately The normal recourse in law is available in informed. cases of personal injury as it is in the case I have dealt briefly with the three main of damage to crops or livestock. measures being used to prevent damage A further way in which safeguards will occurring. Before turning to specific ques­ be provided is an insistence on the use of tions of machinery, I wish to make a few suitable equipment. In this regard, one hon. comments on the question of compensation. member expressed the view that the control Members will have learnt already from of equipment in aircraft would be covered the debate at the introductory stage and by the Department of Civil Aviation. That their perusal of the Bill that the intention is not quite correct. The Department of of the Bill is to ensure that the owner of Civil Aviation is concerned basically with the spraying equipment is financially capable the safety of the aircraft and the people in of meeting claims for damage or injury. For it. It is not directly concerned with the this purpose, he must carry adequate insur­ efficiency of equipment carried in the air­ ance cover. It is no good providing elaborate craft and used for agricultural purposes. mechanism for proving damage if no funds That is where the Bill will come in. I have are available to meet claims. no doubt that the provisions in it calling for equipment to be of an approved type I would repeat that under clause 25 of the will eventually lead to improved equipment Bill an aerial operator will be required to and better spraying results. have a policy covering each aircraft to the extent of at least $30,000. These policies Now I turn to the third basic aspect of will be available to cover damage arising prevention of damage-education of the anywhere in Australia. There is a fair amount operator. During the debate at the intro­ of movement of spraying aircraft across State ductory stage, several hon. members stressed borders and the fact that the policy is the need for operators to have a sound Australia-wide will give full protection with­ knowledge of the materials they may be out involving interstate operators in any called upon to use. I mentioned at the unnecessary additional expense. Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2117

In the case of ground-spraying operators, I might add that the Air Navigation the amount of insurance cover will be fixed Regulations distinguish between private and by regulation. This will need to vary from commercial operators in agricultural work. place to place as well as with the scale of They class private operators as those who use operation. their aircraft only on their own properties. Anyone who carries out agricultural opera­ During the introductory stage I dealt at tions over someone else's property is classed some length with the mechanics of claiming as an aerial work operator. Under regulation for damage. In regard to establishing the 126 of the Air Navigation Regulations no extent of damage reliance is placed on three pilot is allowed to drop anything from an factors. The first is the keeping of records aircraft except in the course of agricultural by the operators. This will facilitate identi­ or other operations for which prior approval fication not only of the operator involved, has been obtained from the Director-General but of the chemicals used in a particular of Civil Aviation. area and the date on which they were used. A further point has been raised in relation Secondly, there is provision for early notifica­ to the jettisoning of agricultural chemicals. tion of damage by the claimant. Hon. The Victorian Act contains some reference members may recall that, in the case of to this. At the time the Queensland Bill was crops, the time limit is fourteen days after drafted this aspect was given full considera­ damage is suspected and, for stock, two days. tion. The Department of Civil Aviation has The Bill restricted the right of a claimant to very strict rules and procedures covering the courts unless he had given the requisite jettisoning of any material from an aircraft. notices. They cover the position very well and it is Under the redrafted clause 31, however, unnecessary for my department to come into hon. members will note that the right of any this matter. At present, a pilot has to prove person to bring a civil action is not now to the Department of Civil Aviation that jettisoning was necessary in circumstances of restricted. The effect of this amendment is emergency. I think we should leave that that unless the requisite notices have been one to the experts in that field. given, the expert evidence of the department will not be available, except where directed Another point made at the introductory by the court. stage was that an operator might get care­ less if he knew that all claims would be Thirdly, there is the provision for inspec­ met by insurance. This is most unlikely. If tion. These three measures provide the real an operator offended too often I think he basis for detection of damage, its extent and would very soon find it impossible to get its cause. The procedure for sifting all the the necessary insurance cover. information collected has been spelled out before. Briefly it consists of the Standards The Bill also contains provisions for sus­ Officer furnishing reports to the Agricultural pension or cancellation of licences. These Chemicals Distribution Control Board with provisions would enable us to deal with per­ his comments. The board then considers all sistent offenders. the information and makes a statement on The hon. member for Mt. Coot-tha raised the alleged damage which may be availed the question of application of the Bill to of by the parties to any dispute. local authorities. He quoted from section Before I finish, there are a few particular 41 of the Local Government Acts and sug­ points raised by members on which I would gested that there was some conflict between like to comment. One of the main ones is that Act and the present Bill. I have had the use of private planes. Clause 12 is a look at this section and I do not think relevant here. This clause provides that there is any conflict. The provisions there unless a person holds a commercial pilot's relate to the particular property that local­ licence and has the prescribed qualifications authority officers have to enter to destroy he cannot hold a pilot chemical rating licence. noxious weeds where the owner of the prop­ Under clause 25 the owner of an aircraft erty has failed to do so. The section simply distributing chemicals must hold the pre­ provides that the Minister or the local scribed insurance policy to cover any damage authority is not liable for any loss or dam­ to adjacent properties. Clause 37 provides age caused on that property as a result of that an aircraft may not be used for aerial action taken in these circumstances. Even spraying unless the aerial spraying equipment in this case, however, reasonable precautions is registered and a policy of insurance under must be taken. clause 25 is in force. Clause 39 prohibits the carrying out of aerial distribution unless The hon. member for Townsville South the pilot in command of the aircraft holds a sought a definition of the areas likely to be pilot chemical rating licence. This would exempted from the operations of the Bill. seem to provide ample coverage. These areas have not yet been determined in detail. The immediate guiding principle, It means in effect that except in areas however, will be to exempt purely grazing exempted from the provisions of the Bill no areas where agriculture or horticulture is person can carry out aerial spraying of any not practised. The aim is to avoid anv property unless he holds a commercial pilot's unnecessary restrictions. The proposed licence issued by the Department of Civil Agricultural Chemicals Distribution Control Aviation and holds a pilot chemical rating Board will examine the whole question and licence issued under this Bill. make recommendations in due course. 2118 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

I think most hon. members appreciate However, in the case of ground distribu­ that agriculture is expanding in Queensland tion I do not know whether that provision and that changes may be necessary from applies. There are certain things which time to time. I have tried to cover all the seemingly debar a private ground operator main points raised during the introduction. from taking advantage of the insurance scheme. As I have said before, we are breaking new ground with this Bill. However, I feel Mr. Campbell: Is it available? that it deals adequately with first principles Mr. O'DONNELL: It is available, under in this new field of legislation. At this stage certain conditions. we do not seek to go beyond this. It would be advisable for the private Mr. O'DONNELL (Barcoo) (2.58 p.m.): I ground operator to take out a commercial must commend the Minister on his excellent operator's licence if he could do so. I presentation of the Bill because, as he admits, notice that in one clause relating to ground it is a venture into a new field. Also, I distribution there is a provision by which welcome the amendments that have been the operator has to be qualified to take out brought before the House. The Bill, together a licence. I do not know what the qualifica­ with its amendments, is a very good tions will be, but that could be a factor in approach to a very difficult problem. I debarring a ground operator from taking out know that more problems will arise as a a commercial operator's licence. result of experience gained in the future, but Mr. Row: We are providing a manual I sincerely hope that as the Bill is imple­ for chemical spraying by ground operators. mented-and we know that it has to be implemented slowly, as we have to be sure Mr. O'DONNELL: I think it is essential that each step taken is sound-it will achieve for all operators to register as commercial the aims that are so worthy of achievement operators so that they may have the advan­ for the increase of food production in this tage of taking out third-party insurance cover. State. That will afford great protection to them­ selves as well as to the people who may be In looking at the Bill I am adopting an the victims of aerial spraying or ground dis­ approach that is, perhaps, a little different tribution, whether in the physical sense or from the Minister's approach. I regard this the material sense, by damage to crops. Bill as extremely interesting in that it intro­ duces the principle of third-party insurance That was the essential point I had in mind to cover primary producers so that they will concerning the Bill: is it applicable in its be assured of obtaining compensation for protection not only to commercial operators damage done to their crops by the aerial but also to private operators? I have revealed, or ground spraying of agricultural chemicals. as a result of my research, that it applies to the private aerial operator, but there could When we first heard the Minister, and be something that would debar the ground perhaps when we superficially read the Bill, distributor from taking advantage of this we felt that this third-party aspect of it essential protection. Anything that helps to would apply only to commercial operators; protect primary producers in this way is that it would not be applicable in any way to advantageous. private operators whether they were engaged in aerial spraying or ground distribution. I I know that the Bill is very comprehensive know that ground distribution is limited to and that an effort has been made to cover herbicides and I do not wish to repeat that virtually every aspect we can envisage from from now on. the point of view of agricultural chemical distribution. Therefore, if it can succeed When I examined the Bill thoroughly, and afford the primary producer and the after going through the clauses dealing with commercial operator this added protection, these items I found that it provided for a something worth-while will be achieved. I pilot chemical rating licence, and indemnity should like the Minister to look at the ques­ for loss occasioned by commercial distribu­ tion of what would debar a private ground tion in which there is a specific reference to distributor from qualifying as a commercial the insurance policy. It is also an offence operator. I do not suggest that primary to use aerial equipment that is not registered. producers go out as commercial operators, Again there is reference to the insurance but commercial ground operators would be policy. There is also a prohibition of aerial few and far between. The advantage of this or ground distribution by unlicensed persons. insurance cover is very important. I should like the Minister to confirm the When I was looking at clause 6---"Mean­ view that any private aerial operator has to ing of Terms"-it struck me that "relative" fulfil every requirement that a commercial has been narrowly applied. It does not aerial operator has to fulfil. include an uncle, an aunt, a nephew, or a Mr. Row: That is right. niece. It keeps to the strict family line. Mr. Row: It is a blood relative. Mr. O'DONNELL: In other words, he has to take out insurance cover just as the com­ Mr. O'DONNELL: Yes, a close relative. mercial operator has to. That is a very wise But there is no reference to a de facto wife provision. or husband. I am not putting a case :£or such Agricultural Chemicals (1 DECEMBER] Distribution Control Bill 2119 people, but we know that they exist. In some Unfortunately, those who frame legislation instances, they have to be included in these are caught between two fires. If maximum mattere. protection is given to the individual, is it also being given to the criminal? Fortun­ I think the definition of "stock" has been ately, in matters concerning the land, with treated a little facetiously. the possible exception of some incidents with stock, there is very little dishonesty Mr. Row: You have the inclusion of "bee" and almost 100 per cent. thoughtfulness in mind? among neighbours in a rural community. Whilst the amendments proposed will cer­ Mr. O'DONNELL: No, I am not worried tainly tidy up the Bill and make it perhaps about that. I am worried about the omission a model piece of legislation, I sincerely of the important cattle-dog or sheep-dog. hope that they will not protect the person Everything down to a bee is regarded as who, through sheer stupidity, causes great important, but the cattle-dog and the sheep­ damage to others by not following what the dog do not even rate a mention. They are Standards Officer requires in the use of valuable assets on a property. I know there agricultural chemicals. is power to add, but it seems that old "Bluey" did not receive any recognition. The necessity to obtain a search warrant means, I suppose, that two or three people The Bill deals with the Agricultural will have to go to inspect a property. One Chemicals Distribution Control Board. That will have to go for the warrant, whilst the is a bare statement of fact. The clause pro­ other two stay with the person concerned vides for five appointees of the Minister for to see that he does not dispose of the goods Primary Industries and two appointees of the that he is suspected of having. All of these Minister for Lands. But there is no state­ things raise problems. ment of the qualifications required. The Although I have not much more to say, foreshadowed amendment covers one aspect there are one or two clauses to which I of this. It is good that we have a general wish to refer. One concerns faulty or defec­ outline of the people who are to hold posi­ tive equipment, and another makes it an tions on the board, but there should be some offence to use certain ground equipment, statement of the qualifications that are which brings in private ground operators. required, or perhaps their departmental or As I said, if the equipment used by the industrial status. private ground operator is brought com­ pletely under the control of the Act, that The regulation of licences has been well should encourage him to become a licensed stated and set out. As the Minister said, commercial operator in order to protect his there will no longer be a right of appeal to own interests. him; the proposed amendment provides a right of appeal to a Magistrates Court or a Finally, I thank sincerely Mr. Peel, the District Court. All of these things have Standards Officer of the Department of been well planned. Primary Industries. He has shown me every courtesy in my research on the Bill before One aspect completely omitted from the the House, and he did me the honour of Bill is the compensation that should be paid mentioning what I said at the introductory to a person whose licence has been wrong­ stage relative to a National Standards fully suspended, refused, or cancelled. Why Organisation at a recent convention of is it not set out in the Bill? Why should a agricultural chemists in Canbena. I thank commercial contractor, who may have an him for that compliment. enemy somewhere who puts in an unfavour­ I hope that the implementation of the able report, be placed in the invidious posi­ provisions of the Bill will be to the satisfaction tion of having his licence cancelled or sus­ of the Minister and the officers of his depart­ pended without having the right to obtain ment, and also to the satisfaction of com­ compensation? I think that is important. mercial as well as private operators. I hope The deferment of a licence for a month, for there will be a minimum of trouble in the example, could mean to the contractor the implementation of the Act and that the loss of three or four substantial contracts, Minister wiLl be proud to say that he was and the Bill provides no means for the the first to bring legislation of this type recovery of compensation. befiore this Assembly. I know very well that a section of hon. Mr. MULLER (Fassifern) (3.17 p.m.): In members is very concerned about the powers examining a Bill such as this, the first of inspectors. It is good to see that that question that arises is the need for it, because part of the Bill has been interpreted more I think it is generally admitted that the fully. The freedom of the subject concerns us all. I know, however, that if all the Minister proposes to take rather wide powers. inspectors needed in this world were In my opinion, the position is so serious that employed, every second person would be an something must be done about it. inspector. It is therefore necessary to depend First, it must be realised that conditions of a great deal upon the integrity of a com­ farming have changed very considerably in munity. References to matters of entry the last 20 years. As a result of those immediately bring to mind thoughts about a changes, it has become necessary for Parlia­ police State. ment to confer wider powers on the Minister. 2120 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

There are diseases in plant life today that First of all-the Minister has made this were unheard of only a f·ew yeavs ago; very clear at both stages-no-one will be attacks are being mad·e by various insects of permitted to engage in operating these planes which very little was seen in days gone by; unless he is competent to do the job. I think new types of weeds have developed. I am that is very important. The board that will be not really competent to express an opinion appointed to examine the credentials of these on the whys and wherefores of those people is also an important matter. If anyone changes, but I am of !!he opinion that, at was entitled to a licence simply because he least in some cases, the power of plant life could fly a plane it would be a different to resist attacks by various diseases decreases matter, but the board must first of all be as the fertility of the soil declines. When the satisfied that these operators are suitable soil is fresh, good plants and good grasses will persons for this job. grow; as the fertility of the soil declines, However, after that is done and a person is rubl:Yish and weeds creep in and then various licensed, even though he may be the most insects appear. Something has to be done careful man in the world he may run into to eradicate them. I forecast that within the some difficulty after his plane is aloft. He next few years it may be necessary to amend first decides that the weather is suitable to the provisions !!hat are now being introduced. release the chemicals, but no-one knows how I am not prepared to state that categorically, the weather may change and within moments but so many difficulties are arising that the there may be a change of wind or a strong GoVlernment will have to watch its step and wind may spring up and the chemicals could see where it is going. be carried to neighbouring areas. The Bill makes provision against such accidents, Aerial spraying is something quite new, because each of these planes must be insured. although ground spraying with knapsacks has No insurance company will insure an irres­ been carried out from some time. In my ponsible person. Therefore, I think chat district, in which farming is intensive, a boom the precaution that has been taken in this spray is used, and mo&t of the farmers are respect is really wonderful. obliged to use it very extensively and spend Even in the case of any mishap or loss of a considerable amount of money on various crop, which could be serious or only inci­ chemicals. If they did not, they would go dental, we still have to get down to the out of business. HoweVler, when it becomes question of assessing the damage. I feel that necessary to spray weeds in country that is this is a very important point. It was the difficult to cover on foot or in a vehicle with assessing of damages that baulked me when conventional propulsion, one has to go aloft. this matter was submitted to me eight or nine years ago. I think it will be a very difficult After one gets aloft, there then arises the thing to assess damage. People will make question of what happens with the chemicals claims at times which in their view cover that are released in the air. It would be very severe damage, whereas in fact the damage difficult for anyone even to express an opinion may be slight. on just what damage has been done, but T think that this authority that is being many people think they have suffered rather appointed will have a very difficult job to do. severe damage as a result of the drift of these Nevertheless, it will get somewhere near to chemicals. They may be right or they may be assessing the actual damage. First of all, wrong. but I base my opinion on what has those appointed to it must be experts in this been happening over the last 10 or 12 years. class of work; they must know something about plant life and be able to determine During my ministerial experience I whether any damage has resulted. If they watched this matter very closely. I thought think it has, they must then be able to assess first about the need to do something about it. just how it has been caused. Some of the weeds cannot possibly be Suppose we say that this power is too handled by knapsack or pump spraying, and wide; what right have I or anybody else to go one must get into the air to do the job. After up in an aircraft and spray out chemicals that was done, what happened? The shire regardless of where they might land? The covered by the electorate of the hon. member question that we have to ask ourselves today for Cooroora and some of the adjoining is: what are we going to do about it? In shires were faced with the problem of eradi­ my opinion, there is no alternative. When cating weeds, and after the job was done some there is an attack on crops by "wogs" and people were very critical. They said, "Whilst grubs, such as we frequently have in Queens­ you did some good destroying weeds, you laud-and when I say "frequently" I mean also destroyed valuable crops." We have that nearly every year our wheat, barley and now reached the position of having to do other crops are attacked by these pests­ something about this. unless something is done very quickly about As I said in the introductory stage, I getting on with the job of destroying them compliment the Minister and his officers on it will be too late and the crops will suffer the verv close examination made of this before anything can be done about it. matter -before the Bill was introduced. I If this spraying has to be done either by realise that some of the provisions perhaps hand or by a boom-spray it will be altogether convey very wide and strong powers, but I too slow, but the aerial operators have told feel that most of the difficulties that might me that if they can get a clear go they can arise are being avoided. spray in the vicinity of 1,000 acres a day. Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2121

This spraying has been so effective over the of money on destroying weeds growing on last few years that they have been able to the roadside. They are using money allocated prevent any outbreak of attacks by "wogs". to them to buy chemicals, which they have Something has to be done urgently, before it given to workmen to use with machines. is too late. Those are the main points I wish It would be quite easy for such workmen, to make. in haste, or even in ignorance, to overlook When legislation is introduced there is the fact that these are dangerous chemicals. always someone, sometimes in Parliament That is the only observation I wish to and sometimes outside Parliament, who turns make. This matter is not covered by the up and tells us what we might do with Bill, but it is associated with chemical offenders and asks what right we have to distribution and is closely related to what give ourselves the power to enter someone's the Minister is trying to do, namely, safeguard property and demand all kinds of things. crops so that they will not be destroyed. On the other hand, we have to examine the This is a way in which this could occur. damage that some unscrupulous people can I hope that, somehow, the Minister may do if they are not controlled; so that I think bring to the notice of these operators, and that whatever power the Minister has taken other people using sprays, the necessity of to deal with offenders is absolutely neces­ being absolutely certain that the solution sary. We have to realise that the introduc­ used is strictly in accord with the directions tion of drastic legislation is aimed at on the label. unscrupulous persons only, so that anyone Mr. LICKISS (Mt. Coot-tha) (3.32 p.m.): who is prepared to co-operate with the I am sure we all agree that this is experi­ department or with his neighbours need mental legislation. I commend the Minister have no fears. But when someone is trying for bringing it before us and for accepting to take an unfair advantage, Parliament has the amendments that have been circulated. to use very wide powers to deal with him. There will undoubtedly be teething problems After having watched aerial spraying over associated with this legislation, as it is very a period of years and having seen some of much in the experimental stages. Early the great advantages that it offers, as well in the piece there will have to be a great as some of the dangers that are encountered measure of co-operation between the members in operating it, I would say that this is an of the Bo~rd and the aerial ope~ators who, excellent start. Do not let us come back over a penod, have perfected eqmpment that here next year or the year after and say, now makes possible the application, with "I told you so. There were weaknesses in more exactness, of agricultural chemicals the Bill". Let us do something in relation distributed from the air. to this very difficult job, and to those who This measure is a step in the right direction. criticise the Bill let me ask, "What is the It controls the activities of aerial operators alternative?" in the distribution of agricultural chemicals, and the operations of ground commercial Mr. WALLIS-SMITH (Tablelands) (3.28 operators in the terms of treatment of p.m.): Through the Bill and the numerous herbicides. However, it does not control amendments, the Minister has earnestly tried ground operators in relation to the distri­ to achieve what he wants to achieve. bution of insecticides or fungicides. The The Agricultural Standards Act makes Minister emphasised that this was an agricul­ provision for the mixtures of chemicals that tural Bill and did not afford any form of are to be used. Also, the label on every protection to human life. Yet the type of container gives the information that is neces­ comprehensive insurance policy required to sary for the correct mixture, so that the be taken out by an aerial or ground owner, in his small way, is afforded ample commercial operator apparently specifies­ opportunity and time to mix these chemicals being unlimited-that that protection will be thoroughly and correctly according to the provided should a person be injured. required strength; but I wonder if sometimes I wish to say a few words concerning an aerial operator who is racing against time protection against injury to persons by these and weather will be as careful as perhaps chemicals, and in doing so I should like he should be. Once a crop is sprayed it is to incorporate in "Hansard" certain questions far too late to do anything if it rs found that asked by me and answers given by the a stronger solution than necessary has been Premier and the Minister, to point out some used, especially if it has been used with of the difficulties that are likely to be devastating results. I would hope that the incurred in the effective policing of this Minister can find some way of bringing this measure. fact home to those people who may not First, I quote from "Hansard" of understand the position or who would not 9 November, 1966, Question No. 6-- be quite sincere in seeing that they carry out the law to the letter. I have seen many "AERIAL CROP-SPRAYING WITII DANGEROUS instances of entomologists giving lectures POISONS and of saying many times during those lec­ Mr. Lickiss, pursuant to notice, asked The tures, "Please mix the solution in accordance Premier,- with the directions." (1) Is he aware of a report in 'The That is very important. It is also important Courier-Mail' of November 8, 1966, headed in the case of ground distribution. Recently, 'Pilot was Twice in Danger of Death', local authorities have been spending a lot which stated that the crashed plane was 2122 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

carrying a pesticide, Parathion, an organo­ dilution of the active constituent with phosphate compound, described as being appropriate solvent is specified for agricul­ one of the most dangerous poisons used in tural purposes? agriculture? (3) Is it feasible or practical to distribute (2) As aerial spraying of such substances this insecticide in the specified dilution could cause a grave risk to human, animal from aircraft? and bird life and the destruction of valu­ (4) If not, and evidence is available that able insects, will he take the necessary the insecticide has been and is being dis­ action to prevent this insecticide and any tributed by aircraft, are the specifications other chemical compound or substance laid down in the Act being complied with? which could prove hazardous to life from (5) What action can be taken against being distributed from aircraft? aerial operators distributing this substance (3) Will he investigate and publicise the in cases of obvious defiance of the speci­ effects on human, animal and other life of fied dilutions? all herbicides and pesticides permitted for Answers:- use in Queensland and the form of appli­ cation and precautions recommended? (1) 'Parathion preparations are at present registered under the Agricultural Standards Answers:- Acts, 1952 to 1963 for sale in Queensland for use in agriculture, horticulture, and (1) 'I have seen the report referred to viticulture without reference to particular by the Honourable Member.' methods of application.' (2 and 3) 'I am informed there is no (2) 'The recommended dilution rate for grave risk to the community from the these preparations is one pint of a 50 per spray as used in the diluted preparation for cent. concentrate in approximately 600 spraying by machine or from the air. gallons of water.' Employees associated with the spraying are exposed to an occupational hazard if they (3) 'These preparations could be used do not carry out the recommended pre­ for distribution by aircraft at the dilution cautions of which they should be well rates recommended.' aware. The Director of Industrial (4 and 5) 'The Agricultural Standards Medicine has given many lectures to Acts, 1952 to 1963 relate to the sale of various groups and has had articles pub­ Agricultural chemicals, not to their use. lished in the daily Press as well as trade Because of this no action can, at present, journals such as the 'Fruit and Vegetable be taken bv my Department with respect to News'. In addition, the Queensland Health the use of any agricultural chemical dis­ Education Council has circulated pamphlets tributed by any means. As was pointed on pesticide precautions throughout the out by the Honourable the Premier in his State. The diluted preparation, when used reply to a pertinent Question by the in aerial spraying, is not a hazard to Honourable Member for Mt. Coot-tha on animal and bird life. It does, however, Wednesday, November 9, the Agricultural cause the destruction of economic insects Chemicals Distribution Control Bill now as this is the purpose of spraying but in before the House provides for the pro­ so doing destroys any other insects which hibition or regulation of the use in aerial are also present. It is not proposed to and ground distribution of any preparations take any action to prohibit the use of containing agricultural chemicals.' " Parathion or other insecticides which are I shall deal with certain aspects of those used at present because under recom­ questions and express my feelings on the mended conditions they do not present a difficulty that will be experienced by officers hazard and are inseparable from the of the Department of Primary Industries in economy of agriculture. The Agricultural implementing legislation such as this. Chemicals Distribution Control Bill, of which notice of introduction has already First of all, it is said that the insecticide been given to the House, makes quite parathion can be distributed by aircraft at the adequate provision to control or prohibit dilution rate recommended, which is 600 the distribution by aircraft of any agri­ gallons of water to one pint of 50 per cent. cultural chemical which may be considered active constituent of parathion. Most tanks to be dangerous when so distributed.' " used in aircraft for holding the chemical being I followed that question with another one sprayed average approximately 100 gallons, on Tuesday, 22 November, 1966, which which means that to spray one acre with reads- 600 gallons an aircraft would have to take off and land six times. That could not be done "AERIAL SPRAYING OF PARATHION in much less than an hour, especially if there INSECTICIDE was any great distance to travel between the airfield and the land being sprayed. It costs .Mr. Lickiss, pursuant to notice, asked The Minister for Primary Industries,- approximately $50 to $60 an hour to operate an aircraft, and the contract rate normally (!) Is the insecticide Parathion regis­ quoted for agricultural spraying is about tered under the Agricultural Standards Act $2.50 an hour. This therefore suggests that for distribution by aircraft? whoever is carrying out this type of spraying (2) If the insecticide is not included or is not following the formula recommended is excluded for such distribution, what for aerial spraying as specified in the answer Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2123 provided by the Minister. It means in effect kill he requires, so he doubles the mixture. He that the aircraft is probably spraying a mix­ then becomes the conveyor of a lethal pro­ ture of approximately 3 gallons of water to 1 duct. That happens because the person con­ pint of the active constituent, and that is a cerned does not have any basic knowledge deadly mixture. of agricultural chemistry, and I think it should be laid down rigidly how a farmer In ground applications, I do not think it may make up a mixture to be used in the is uncommon to see mixtures used of between fields. 20 and 40 gallons of water to 1 pint of the active constituent, whilst the recommended Mr. Walsh: How do you overcome the specification is 600 gallons to I pint. I know problem in cases where he doubles the that there are what are termed "shot-gun mix­ strength? tures" that arecertainly not recommended by Mr. LICKISS: I think he should have to the department. There are, for instance, mix­ keep records. Then he would know and tures of DDT and endrin and three or four everyone else would know. ounces of 50 per cent. parathion to the tank. These mixtures are not recommended Mr. Walsh interjected. because one of the aims in control Mr. LICKISS: I think that is fair enough. is to keep it specific; the endeavour is to make If aerial operators are to have their opera­ it selective and not annihilate everything tions controlled completely and ground in the field. At the moment, the methods operators are to have their operations con­ being followed are not in the interests trolled specifically in relation to weedicides of the public and certainly constitute while private operators can go their own a grave danger to human health and life. way, in effect that is taking only half a bite I strongly recommend that the Standards of the cherry, and I do not think that half Branch of the Department of Primary Indus­ a bite of the cherry will achieve very much. tries prepare formulas with specified dilutions for sprays distributed from aircraft. As it I notice in the amendments that are to be stands now, with all the best will in the world put forward at the Committee stage that the I do not think that the final dilution can be Minister has accepted that he should have controlled. power to cancel a licence temporarily on the recommendation of the board, but that an The Bill at least provides a certain measure appeal will lie to a judge or a magistrate of control over spraying from aircraft. So far under the normal course of law. I think that as ground equipment is concerned, it deals is a very worth-while precaution and I am only with weedicides and herbicides. A person sure it will be welcomed by people outside can pump 40 gallons, or even 20 gallons, of this Chamber. water mixed with I pint of the active con­ stituent from a knapsack spray or boom Those of us who have done a little bit of flying are very interested to see that someone spray, or by any other means, and for this experienced in aerial application will be a type of spraying there is no control under member of the board. There are many vari­ the Bill. I agree with the hon. member for ables in the aerial application of chemicals, Barcoo that if an attempt is being made to control the distribution of agricultural chemi­ and I notice that provision is made in the regulations to control the droplet size. Only cals the control should be complete. If a time will tell whether some controls are neces­ person is spraying from an aircraft with sary, and I point out to the House that the rate 2,4-D in the vicinity of a cotton patch, of application is controlled by a combination a local farmer could stand up with the wind of three district variables: firstly, the size of behind him and pump a bit of 2,4-D and he the nozzle; secondly, the ground speed of the will knock his inferior cotton crop imme­ aircraft; thirdly, the pump pressure, which diately. This has been quite evident in New usually is regulated from the cockpit of the Zealand and other places where aerial aircraft. In normal spraying conditions at, spraying is carried on to a greMer say, 4 o'clock in the morning, the type of extent than it is here. Where chemicals application is vastly different from that used are being sprayed and someone is at, say, IO o'clock in the morning or 3 o'clock brave enough to bring an aircraft in, every­ in the afternoon, when air conditions have one waits for it to come and then begins changed. This has been proved by aerial ground-spraying, because the risk then will operators in spraying over a number of years. be taken by the person using the aircraft. I congratulate the Minister on accepting the If the distribution of agricultural chemicals amendment to ensure that the board will is to be controlled, it should be controlled contain one person well qualified in the completely, not sectionally. I am prepared field of aerial spraying. to say that, in the interests of the protection I suggest to the Minister that the aerial of the people, it should be an offence for operators would know far more about equip­ anyone to use or distribute 1l!gricultural ment than would any member of the board. chemicals other than in conformity with the However, I believe that, in co-operation and specifications laid down by the Agricultural partnership with the industry, the board will Standards Act A private farmer may act be able to assist those who come into the stupidly-! have seen it happen on farms industry at a later stage. I hope this will be adjacent to my own-when something goes done more in a spirit of co-operation than wrong. He might spray a field and not get the by exercising control. 2124 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

There are various other matters that have £urther because I am not quite happy with been mentioned in connection with the way his eX'planation. The Minister said there was in which evidence shall be taken. Again this no conflict. If that is the case, does it will be covered more in the Committee stage follow that local autlhority employees may of the Bill. ,J know that we welcome this and enter my property for the purpose of destroy­ other amendments which the Minister has ing groundsel and may damage 3 or 4 acres circulated and which he intends to move. of papaws, for instance, and tha:t I have no However, in all these matters I think the claim against that authority? greatest necessity for success of the legis­ Mr. Row: Of course you may claim. lation will :be the co-operation of the public, and again I make a plea to the Press and aU Mr. CHINCHEN: If the Minister says those who control the media of communi­ there is no conflict-- cation to ale!'t the public to what is provided in this legislation. It is a bold step forward Mr. Row: They are not forced to take -a step that shou1d have been taken years insurance, of course. ago-and I congratulate the .Minister on the Mr. CHINCHEN: I understand that the way he has introduced the Bill. local authority and the Crown are bound I feel that from time to time many matters by the Bill but the Local Government Act will require a critical examination which says quite clearly- will probably eventuate in an amendment "No action shall He against a Local of the legislation. Aviation and aerial Authority, or the Minister, or any of its application of agricultural chemicals was in its agents, servants, contraotors, or workmen, infancy just after the second world war. It ror trespass or £or any damage whatsoever now has its stripes. That is acknowledged by caused by or in the consequence of such the Department of Civil Aviation, because it operations whe·n carried out in compliance is now giving more recognition to and relax­ with this s,ection." ing the controls on aerial operators. It is now an accepted industry, and I believe that in That section applies in the event of a local other parts of the world the aerial application authority going onto somebody's property of chemicals has manifestly increased agricul­ and taking action to destroy noxious weeds. tural production in the particular areas. It is If damage is caused on my property or on a me·thod by which a plague can be virtually an adjoining property, I feel that the local dispersed in a very short time. authority, of necessity, should have to pay The hon. member for Fassifern mentioned compensation. It could be that the Bill insect plagues and the rapid way in which an will supersede the Local Government Act, aircraft can dea:l with them. In the event of but there is confusion because one says quite a plague, I be,lieve that an akcr'aft ca.n some­ clearly that the local authority, or the times spray in excess of 35 properties at a Minister, or his agent shall not be liable time. Quite often a person employing the for any damage caused by such operations. aircraft operator does not even see him. He The operations are quite specifically stated. takes off, does the job, and then flies on from One is the use of poison on a property. To one property to the next property. my knowledge, all the complaints that have been laid in the past have been against We are engaged in a fight for the preserva­ local authorities, and this has been a tion of the species, and we have at all times problem. to remember that in nature there must be a balance. I hope that with the administration Mr. Row: They can go onto your prop­ of this legislation and the extra power I erty only to spray noxious weeds. should like to see given to the standards officer who administers the Agricultural Mr. CHINCHEN: Yes; but under the Standards Act, people do not overstep the Local Government Act they do not have to mark. I hope we will not let these measures pay compensation for any damage they get out of perspective, because we feel that might do on my property or on an adjoining pests may be easy to control. At this stage, property, which means that that Act is in we still do not know what will be the long­ conflict with the legislation we are now dis­ term effect of some of the chemicals we are cussing. Even if they come onto my prop­ pumping into the air. erty and destroy my groundsel they should still be subject to this new provision, not the I again congratulate the Minister on the section of the Local Government Act that introduction of this measure and I look for­ says that they are exempt. This is the point ward to discussing further matters in the I made earlier in discussing the Bill, and Committee stage. this is the matter on which I would like clarification. Mr. CHINCHEN (Mt. Gravatt) (3.54 p.m.): Mr. Walsh: Wouldn't the local authority Earlier in the debate the Minister said that be obliged to comply with the provisions the hon. member for Mt. Coot-tha raised the of this Bill in the spraying? possibility of conflict between the Local Government Act and this measure. He Mr. CHINCHEN: I would like to think probably had his "mountains" mixed up so, and I would like to see the Local Govern­ because I was the person who raised that ment Act provision repealed so that there query, and I should lik:e to pursue it a little will be no confusion. It should be possible Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2125 today to pick up an Act and know with cer­ in ground equipment. That is where it tainty that it is operative, not having been should be from where I stand, and that is repealed. where I will insist that it should be. Mr. Walsb: The Government does not Hon. members must understand, as the envisage a local authority doing something Minister recently pointed out, that the small­ contrary to the requirements of the Bill. I crops industry operates under extreme difficul­ would not imagine that. ties and on a very small margin. Fungicides and insecticides are their lifeblood. There Mr. CHINCHEN: If the local authority have been many comments about good red­ or even the Crown itself is liable to pay soil l~nd at Redlands, and at places nearer compensation, that will be so; but there to Bnsbane, being cut up for residential pur­ will be confusion if an inquiry is made of poses. It has been said that this is a pity, a shire clerk who is not quite sure of the but the loss of this land will be accentuated if any attempt is made to control the use position but who says, after consulting the of fungicides and insecticides. Local Government Act, "Sure, it is your property; but that doesn't matter. We are Hon. members should also undertsand on your land, but we are not liable to pay that, in vegetable and small-crop growing, compensation." I think that is wrong, but if a crop requires spraying today, tomorrow that is what can be read into that Act; that is too late. With grapes, if it rains tonight, is, that they are not liable to pay compen­ fungicide must be sprayed tomorrow. The sation. If this new Bill said, "Notwith­ same applies to a tomato crop; if the fungi­ standing what is contained in the Local cide is washed off tonight, the crop must be Government Act," the position would be sprayed tomorrow. Any attempt to inter­ clear. fere with the use of sprays by small-crop growers will be disastrous. Mr. O'Donnell: Who would be the culprit I cannot understand why the hon. mem­ in the whole business? Would it be the ber for Mt. Coot-tha dealt with the medium man who originally did not conform to the of distribution. From our discussions with regulations? the aircraft people I cannot see that it has anything to do with it. The important mat­ Mr. CHINCHEN: A neighbour could ter is the quantity used per acre; the air­ suffer damage, even when not involved at craft sprays on the desired quantity per acre all. I would like to have this matter clari­ regardless of the amount of water used, so fied, because there is confusion in my mind. that no lethal dose can fall in one area. If the local authority is the culprit, there In regard to fogging machines and low­ will inevitably be confusion while one sec­ pressure sprays commonly used on farms I tion says quite clearly that no action shall point out that fogging machines use a m'ix­ lie against it and the other says that it is ture three times the strength of that used obliged to pay compensation. The poor in low-pressure sprays, but the same quantity old farmer gets caught in the middle. of fungicide, .or spray, is applied per acre. I do not think the amount of water has I am very pleased that the Minister has anything to do with it. accepted the amendments, and I think that the Bill will operate successfully. There I agree with the hon. member for Mt. may be other problems, but I should like Coot-tha that everyone should ensure that an answer to the question I have asked. the quantity per acre does not exceed the quantity recommended by the Standards Mr. E. G. W. WOOD (Logan) (4 p.m.): Branch. In tick areas we have seen a resis­ I did not intend to speak on this occasion, tance being built up to parathion. In the but the hon. member for Mt. Coot-tha raised small-crops industry, 10 or 15 years ago an issue that clashed with my ideas about D.D.T. would take care of everything but the Bill. This matter was discussed fully at in most ways it is useless today. We have the introductory stage, and I did not think to turn to parathion, endrin and similar it would be raised again. chemicals, and resistance is even developing to them. I should like to read the definition of I agree with the hon. member for Mt. "ground equipment" contained in the Bill- Coot-tha that the specifications recommended "Any machine or apparatus of any kind by the Standards Branch should be adhered whatsoever other than an aircraft in flight to. A~ to .the incide~t in which a man put used or intended to be used or capable of parathton m a foggmg machine at a rate being used for the distribution of any of 20 to 1, he would not get to the other herbicide." end of the row. Nobody would use it in that The definition of "ground distribution" is- ratio. That is the only issue I wish to "The spraying, spreading or dispersing :aise. I hope it will never be suggested of any herbicides or any preparation con­ m the future that there should be this type taining any herbicide from ground equip­ of control in the use of fungicides and ment." insecticides. That means that the Bill controls agricul­ Mr. WHARTON (Burnett) (4.5 p.m.): I tural chemicals of all types, including fungi­ wish to speak on this matter because it cides and insecticides, sprayed from an air­ affects many people in my electorate. The craft. It also controls any herbicides used measure is a sound one. This subject will 2126 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill become more important following further Mr. SPEAKER: Order! I am finding it development in the manufacture of chemicals extremely difficult to hear the hon. member. and a good deal of progress in their aerial I should like to hear him other than through and ground distribution. Aerial spraying is the loud speakers. becoming a recognised method of controlling various pests and plants throughout the State, Mr. WHARTON: Thank you, Mr. Speaker; and each day more people are using it. I appreciate your attitude. This measure is a sound one because it Many theories have been advanced in this will organise rather than control the use of matter, not only from one but from several these chemicals. We cannot adopt this method sections of the community. Aerial and of distribution without having a suitable ground-spraying is a matter for practical chemical. We must protect everybody as co-operation, and the development of suitable well as achieve control of these pests. There equipment should keep abreast of the develop­ have been instances of chemicals being ment of chemicals. We get far wide of the distributed at double strength. This has mark when we concern ourselves with tech­ injurious effects. If chemicals are not applied nical details only in the theoretical sense. I at the correct strength, resistance to them have seen men stir chemical solutions with can be built up. their hands and suffer no ill effects, whereas the smell is sufficient to upset others. There Ground distribution is restricted to herbi­ are diff.erences in people as well as in crops. cides, whereas aerial spraying is not. The Bill covers aerial spraying, but not ground Mr. Davies: That is very elementary. spraying of agricultural chemicals, a good deal of which is carried out in the citrus industry. Mr. WHARTON: I have a very elemen­ Citrus farmers use long booms with 30 or 40 tary listener in the hon. member for nozzles at 600 lb. pressure. They go down Maryborough. one row and spray half a tree and then come I feel that the Bill is a good one and is up the ne.x:t row and spray the other half. well justified. If the Minister clarifies They do a complete tree in two runs. "hazardous area" and includes agricultural Respirators and gas masks are not always chemicals in ground and aerial spraying, the used. The Americans are using contract Bill will achieve something for people in spraying on a large scale in citrus orchards rural areas and primary industry generally. and other places. Therefore, there will be an increase in the use of that method in Mr. MURRAY (Clayfield) (4.13 p.m.): The Australia. I should like the Minister to pass most welcome amendment proposed is the some comments on this matter. modification of the power of entry and search. This is extremely welcome, and I am In and around Bundaberg there are many sure that the House appreciates the Minis­ hazardous areas where a plane could hit ter's attitude in this matter. I believe this power lines, or get into trouble in some other to be a breakthrough, and a very important way. Areas of cultivation are quite close to one indeed. groups of houses and as the drift of the spray cannot be controlled, even in the early Although I do not know when this prac­ morning when there is little wind, a dangerous tice started-! think it goes right back to situation could arise. We must ensure that before World War 1-the primary prodUcer 10ome form of control is exercised in those seems to have been singled out as a par­ areas where there are definite hazards to ticularly evil wrongdoer, and legislators have crops and people living in closely settled used extraordinary methods to force their areas. The Minister may be able to clarifv will upon him. One of the great dangers is what is meant by "hazardous area". · that we become so obsessed with the necessity to do this that we are inclined to persuade Mr. Row: Do you want a clarification of ourselves that it is all that matters. We tend "hazardous area"? to persuade ourselves that we must fulfil, Mr. WHARTON: Yes. almost by using sledge-hammer methods- Mr. Davies: You should do a bit more Mr. Walsh: Do you agree that these study outside the Chamber. powers may be justified m certain circumstances? Mr. WHARTON: If the hon. member did Mr. MURRAY: I will come to that. I a bit more thinking outside the Chamber than am very glad that the hon. member for he does inside it-- Bundaberg raised that question, because there Mr. Davies: You are asking the question. are many conflicts and problems in this I know the answer. matter. It is easy to persuade ourselves that that is all that matters, and one can Mr. WHARTON: That's a lovely thought; very easily subjugate individual rights and I don't know what we would do without you. freedom to secondary status. That is a very serious danger indeed. Mr. Davies: Thank you. Hon. members may get rather tired of Mr. WHARTON: I listened closely to the people speaking about individual rights-it hon. member for Mt. Coot-tha. He appears may sound rather like an academic argument to be something of an authority on this from a university professor-but there is matter, and I appreciate his remark1>. no doubt that the encroachment on those Agricultural Chemicals (1 DECEMBER] Distribution Control Bill 2127 rights must be watched very carefully. The Mr. MURRAY: I will not forget the hon. danger is that, sooner or later, the people member. who are enforcing the law-whether they are inspectors or other people clothed with The conflict is to decide when this power powers-identify their own interests with is necessary. I believe that these inspectors those of the State. When that occurs, the are carefully chosen and are necessary in freedo?l that we all, in a general sense, many ways to carry out the will of the value IS endangered seriously. This question Legislature, for which the Act is designed. has been discussed time and time again, I However, no-one doubts that in every field know, . a?d I. welcome the acceptance by we have to be very careful that they properly the Mimster m charge of the Bill of the carry out their functions, that they know need to modify powers that have been exactly what they have to do, and what their conferred during times of emergency, and limitations are. We have to be tremen­ for specific purposes in times of not-so-great dously careful to define those limitations and emergency. not give them one more power than they I believe that this quotation from a speech need to carry out their functions. made by William Pitt is a very good and Mr. Muller: Supposing a person was relevant one- guilty of highway robbery, would you say "Necessity is the plea of every infringe­ that the Crown would have no right to enter ment of human freedom. It is the his property and search his records? argument of tyrants; it is the creed of slaves." Mr. MURRAY: That is the conflict, and I think that is worth putting on record. In that is where the hon. member for Fassifern, the narr,te of necessity, by granting these for whom I have a great respect, and I differ. extraordmary powers in Bill after Bill over As I have said earlier, we have chosen the the years, we have done something very primary producer to be a particular type wrong indeed. of wrongdoer, because under the Criminal I should like to quote also this very Code and the Act to which the hon. member celebrated statement by the Earl of Chatham · is drawing attention, in Brisbane, in half of ~gain I think it is worth recording, although the State, in all the provincial cities, a search It has been recorded many times- cannot be made without a warrant. I remind the hon. member for Fassifern of that prin­ "The poorest man may in his cottage bid defiance to all the forces of the ciple. In fact, I have looked through the Crown. It may be frail-its roof may Criminal Code and found in every place­ shake-the wind may blow through it­ I caul~ not be absolutely sure in every pla~e, the storm may enter-the rain may enter­ but m almost every place-that with but the King of England cannot enter­ gambling and in connection with firearms all his force dares not cross the threshold prostitution, possession of seditious docu~ of the ruined tenement." ments, and so on, search and entry cannot be made without a warrant. Therefore, I I thi!lk. hon. members should be reminded say to the hon. member for Fassifern that that It IS from the protection of the privacy we are singling out the primary producer and of the common man's home, not the homes making him a particular type of wrongdoer. of lords or barons, that the freedom of th:: people is established. To say that the Mr. Muller: I referred to law-breakers. It ~mg ~annot enter but his agent can is a does not matter whether it is a primary pro­ drstortwn of that principle and is not good ducer or anyone else, with any major crime enough. That statement by the Earl of the Crown should be able to enter his Chatham would surely be enshrined in the property. he~r.t of every man in whose body flows Bntish blood. Mr. MURRAY: If that is agreed upon, it Mr. Walsh: When you speak about the destroys the whole principle of British justice fre<:dom of t.he .P!'!ople, do you support that and lays the ground, in such a dangerous agamst the mdiVIdual right to freedom? manner, for all the elements of a totalitarian way of life. Mr. MURRAY: I will come to that. Mr. Muller: You must remember that you Society has become very complex and are dealing only with criminals. no doubt that is one of the reason; why more and more provisions of this type have Mr. MURRAY: When we are dealing with been included . in Bills over the years. It criminals the power is there to deal must be admitted that the inspectors on with them. That is no trouble; it is a proper :Vhom we. have conferred these powers are, power to do what the police have to do m the mam, good me!l. They are carefully with respect to a criminal. I am glad the selected; th~Y. carry mstruments in writing from the Mrmster, and one seldom, if ever, hon. member for Fassifern raised that point hears of . abuses of power. But it is in because it is recognised today-and it is the grantmg of the power when it may becoming more clearly recognised-that not be necessary that the danger lies. Parliament and the adoption of ministerial responsibility are not adequate as instru­ I will come back to the hon. member ments for the protection of the individual for Bundaberg in a moment. against administrative abuses or ineptitude Mr. Walsh: I hope you don't forget me. and, when we get on to search and entry-- 2128 Agricultural Chemicals [ASSEMBLY] Distributio11 Co7trol Bi!l

Mr. Walsh: Parliament makes the law; appreciation to all hon. members who have it does not administer it. taken part in this debate and have put for­ ward the various suggestions that I enum­ Mr. MURRAY: The courts some years erated in my second-reading speech. I thank ago looked at this matter of administrative the hon. member for Barcoo for his welcome powers above those given to the police being contribution to the Bill and the various given to individuals. I would like to quote points that he raised. I suppose the main briefly from what was said by those learned point he made was that there is no com­ gentlemen in this regard. They said- pensation for an operator whose licence is "The system frequently flouts minimum suspended and who could possibly win an standards of equity and natural justice. We appeal to the court. I do not know that find that a Minister may decide, or appoint there is provision anywhere for that. We the arbiter in a dispute involving his own have made no provision for compensation policies. He can infringe civil rights with­ for cancellation of a licence, and I would out even considering the case which the not know of any instance where this happens. citizen can make in defence of those In a comparable case he has to get a licence, rights." and if he wins his case no compensation is This is one of the things that the Minister paid to him. has looked at in this Bill. Another question is: where would the The quotation continues- compensation come from? Surely the appeal "There is no safeguard that in reaching rights of a licensee are sufficient to protect his decision he is accurately apprised of his livelihood. A delinquent licensee should the facts or is drawing a reasonable infer­ consider his contracts before engaging in ence from them. He may pronounce his doubtful conduct. We cannot make provision will, like an oriental despot, without for compensation in cases where a licensee reason, without justification, without loses his licence. appeal, without redress." Mr. O'Dollllell: What if he is exonerated? There are great dangers in this. When it Mr. ROW: We cannot make provision in comes to this matter, this is a welcome modi­ the Bill for anyone who wins an appeal. In fication of what is generally posed by this the first place, my department must think he whole question. The ministerial powers in is guilty. There is no provision anywhere this respect could well be stopped from the that I know of for the payment of compen­ point of view of principle; that is, from the sation to a man who wins an appeal. I do point of view of reconciling proper powers not know where we would stop if we pro­ to enforce statutes of this description, with vided for that. proper protection afforded to individual rights. This is where I get back to what The hon. member referred also to the quali­ was said by the hon. member for Bundaberg; fications of a commercial ground operator. and here is the conflict. This could be a They would include the passing of an exam­ splendid exercise for the Bar Association, ination based on the contents of the proposed one in which it could serve this Parliament manual for ground distribution, which the and this State by taking up the problem, a department is presently working on. problem that we find the Legislature has The hon. member referred also to the neglected generally over several decades­ private ground operator working on his own many decades--and a problem that is a very property. In my opinion, he would be ver.y grave worry to many people in the com­ wise to avail himsel:f of an insurance policy munity. I believe that the Bar Association to protect himself against any action for could well look at this. damage that may be taken against him by Mr. Aikens: They would be the last people his neighbour. The other point he raised in Queensland that we should ask to decide was that in the definition of "stock" the a question of justice. good old cattle-dog is not mentioned. If we think it is necessary we can, by Order in Mr. MURRAY: I think the hon. member Council, add the words "cattle-dog" or "pet for Townsville South is a little prejudiced cat". here. I believe that you, Mr. Speaker, would I thank the hon. member for his very valu­ agree that no-one better than the Bar Asso­ able contribution to the debate. ciation could be asked to look at this and The next speaker was the hon. member for study it carefully and see where we are Fassifern, who pointed out that as the legis­ going. Now that we have seen the welcome lation was completely new we will have many intention of the Government to modify this, problems to face, particularly with ground we will certainly want to know how far to spraying. This measure will place a tre­ go, as the hon. member for Bundaberg has mendous responsibility on the members of rightly questioned, and when these powers of search and entry may be justified. This my department, and particularly on the members of the board. It will entail quite a is a matter that can well be taken up by the deal of inspection of further equipment to Bar Association of Queensland. determine and assess alleged damage to crops Hon. .J. A. ROW (Hinchinbrook-Minister and stock. Whilst the men in my department for Primary Industries) (4.28 p.m.), in reply: are qualified as agricultural chemists, horti­ First of all, I should like to express my culturists and botanists, a good deal of Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2129

groundwork will be necessary to make this Therefore, control wiH be exercised when measure fully effective. That is why I my department considers it necessary. We intimated that there will be a good many will have to be very careful before we declare regulations when the Bill is first applied. I any area a hazardous area. am quite certain that, as it proceeds, we will be able to improve its implementation. Mr. Lickiss: ·In a hazardous area control I know that with ground spraying of cer­ over ground operators relates only to tain crops, and aerial spraying of difficult herbicides and weedicides, not to agricultural country, such as hills on which groundsel is chemicals. growing, we will have difficulty in making an assessment, but the regulations will cover Mr. ROW: It can relate to anything. That most of these troubles. is a matter for regulation by Order in Council. The hon. member for Tablelands referred to aerial operators and the implementation of 1lhe h'On. member for Mt. Gmvatt referred the Bill as it affects them. It is proposed to to section 41 of the Local Government Act. discuss further with aerial operators the The answer to his problem is in the section implications of the Bill as it affects them. itself. He should have read the whole section. Such discussions will certainly deal with this I do not intend to read it because it ooiVers provision relating to the use of registered 2t pages. A local authority does not ha:ve agricultural chemicals, including directions a licence to spray indiscriminately without for use, rates of application, and so on. taking pre•oautions. Section 4 of that Act binds the Crown, and the local authority In reply to the hon. member for Mt. must have a licensed operator doing .the Coot-tha, I inform him that clause 35 pro­ spraying or in charge of operations. Local vides that agricultural chemicals used must authorities are just as culpable under the be registered under the Agricultural Act as any other body, such as a regional Standards Act and must be used in accord­ board. The mechanics of applying any spray ance with the directions for use as approved. are govemed by the Bill and I suggest to the It will be necessary for the Agricultural hon. member that what I 'bave said applies. Requirements Board to consider any claims that might be submitted for consideration The hon. member for Clayfield dealt with with respect to aerial distribution. Further­ something that is detfined in the Bill. more, if the hon. member reads the Bill he will see that clause 48 (3) (e) provides power I have dealt wit:h aH the questions that have to make regulations controlling or prohibiting been raised. the use of any particular agricultural chemical. The Bill takes care of that. Motion (Mr. Row) agreed to.

Mr. Ucldss: That is only for aerial COMMITTEE spraying. (Mr. Hodges, Gympie, in the chair) Mr. ROW: Yes. Of course, I agree with the hon. member that the ground operator Clauses 1 to 5, both incLusive, as read, presents some :real probLems. A highly agreed to. developed analytic technique is now available. Clause 6-Meaning of terms- It will cost my department a good deal of money to implement it fully, but we will Mr. LICKISS (Mt. Coot-tha) (4.40 p.m.): be able to pinpoint the actual chemical Following the Minister's statement concern­ applied and the concentration at which it ing "hazardous area", I should like to refer was applied. So that a private person or to the definition of "ground distribution". ground operator who tries to blame an aerial operator for any damage would have It is- to know the precis·e amount of material used "The spraying, spreading or ~ispersing .of and the concentration. It was claimed that any herbicides or any preparatiOn contam­ an aerial operator could be bla:med for all ing any herbicide from ground equipment." damage that a private person or ground operator caused to a neighbour's property. "Hazardous area" is defined as- As I have just said, that is not correct. "An area declared by the Governor in The hon. member for Burnett mentioned Council under this Act to be a hazardous the control of inse-cticides and fungicides. area." The Bill controls the distribution of h'erbicides I do not know whether I am in order in by ground equipment. Control of the dis­ relating that to a later section. However,. I tribution of insecticides and fungicides used draw attention to it now because I shall ratse in ground equipment is not ruled out in the application of that ~efinitio~ to cl~use hazardous areas. Clause 29 provides that 29 "Governor in Council may tssue dtrec­ the Governor in Council may issue directions tio'ns in hazardous area", when that clause is to control aerial spraying or ground d1stribution by any person in hazardorus areas. reached. Any &uch direction may be related to the Clause 6, as read, agreed to. time, place, agricultural chemical, chemical formulation, or the tY'pe of equipment. Clause 7, as read, agreed to. 2130 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

Clause 8-The Agricultural Chemicals Dis­ Clause 21--Cancellation or suspension of tribution Control Board- licence by Board-

Hon. J. A. ROW (Hinchinbrook-Minister Hon. J. A. ROW (Hinchinbrook­ for Primary Industries) (4.41 p.m.): I move Minister for Primary Industries) (4.45 p.m.): the following amendment:- I move the following amendment- "On page 5, line 49, after the word "On page 9, line 8, omit the words­ 'Minister', insert the words- 'by Board'." 'one of whom shall be a person well versed in matters relating to aerial Amendment agreed to. distribution'." Hon. J. A. ROW (Hinchinbrook­ Amendment agreed to. Minister for Primary Industries) (4.46 p.m.): Clause 8, as amended, agreed to. I move the following amendment- Clauses 9 to 12, both inclusive, as read, "On page 9, line 19, omit the words­ agreed to. 'why the Board should not' and insert in lieu thereof the words­ Clause 13-Effect of termination or sus­ 'why the Board should not recommend pension of pilot's licence- to the Minister that the Minister'." Hon. J. A. ROW (Hinchinbrook-Minister That takes from the board and gives to the for Primary Industries) (4.42 p.m.): I move Minister the right to suspend, and it then the following amendment:- goes from the Minister to the Court. "On page 7, line 13, omit the words- Amendment agreed to. 'by the Board'." Amendment agreed to. Hon. J. A. ROW (Hinchinbrook- Minister for Primary Industries) (4.47 p.m.): Clause 13, as amended, agreed to. I move the following amendment- Clause 14-Certificate issued in another "On page 9, line 25, omit the words­ State- 'the Board may deal with the licence in accordance with the notice' Hon. J. A. ROW (Hinchinbrook-Minister and insert in lieu thereof the words- for Primary Industries) (4.43 p.m.): I move 'the Board may make a recommenda­ the following amendment:- tion in accordance with the notice'.'' "On page 7, lines 28 to 36, omit sub­ clause (3)- Amendment agreed to. 'Where the Board would have power Hon. J. A. ROW (Hinchinbrook­ to cancel or suspend or the standards Minister for Primary Industries) (4.48 p.m.): officer would have power to suspend a I move the following amendment- licence or certificate referred to in this section if it were a pilot's chemical "On page 9, lines 26 to 28, omit the rating licence issued under this Act, the paragraph- Board or the standards officer may, in 'Where the holder of a licence shows accordance with the provisions of this cause why the Board should not cancel Act relating to the exercise of the power, his licence, the Board may, if it thinks cancel or suspend the operation in fit, suspend the licence for such period Queensland of such certificate or licence, as it thinks fit.' and thereupon and thereby such certifi­ and insert in lieu thereof the paragraph- cate or licence, if cancelled, shall cease to have force and effect in Queensland 'Where the holder of a licence shows cause why the Board should not recom­ or, if suspended, shall so cease during mend that his licence be cancelled, the its suspension.' Board may, if it thinks fit, recommend and insert in lieu thereof the following that his licence should be suspended for new subclause:- the period stated in the recommenda­ 'The provisions of sections twenty, tion.''' twenty-one, twenty-two, and twenty­ Amendment agreed to. three of this Act apply with respect to the operation in Queensland of a certi­ Hon. J. A. ROW (Hinchinbrook­ ficate or licence referred to in subsection Minister for Primary Industries) (4.49 p.m.): (1) of this section as if it were a pilot I move the following amendment- chemical rating licence issued under this Act and its operation in Queensland may "On page 9, lines 29 to 35, omit sub­ be cancelled or suspended accordingly'.'' clauses (2) and (3)- '(2) A decision of the Board under Amendment agreed to. subsection (1) of this section may, at Clause 14, as amended, agreed to. any time, and for such reason as the Board thinks fit, be annulled, and the Clauses 15 to 20, both inclusive, as read, effect of such annulment shall be as the agreed to. Board determines. Agricultural Chemicals [1 DECEMBER] Distribution Control Bill 2131

'(3) The standards officer shall notify '(2) The Judge or Magistrate may by the licensee or, where a licence was his decision, according as he deems cancelled, the person who was the just,- holder of that licence prior to such (a) upon an appeal against the cancellation, of the decision of the cancellation or suspension of a Board made in pursuance of this licence, confirm or terminate the section.' cancellation or suspension or substi­ and insert in lieu thereof the following tute a period of suspension or new subclauses- cancellation or reduce the period of '(2) (a) Upon a recommendation by suspension; or the Board under subsection (1) of this (b) upon an appeal against a refusal section, the Minister may, at his of a licence or of a renewal of a discretion,- licence confirm the refusal or direct (i) Where cancellation is recom­ that the licence or renewal be granted, mended cancel the licence in question and make any further order, including or suspend it for a period fixed by with respect to costs as he thinks fit and him; his decision in the appeal shall be final (ii) Where suspension is recom­ and conclusive and shall be given effect mended, suspend the licence in ques­ to by the Minister, the Board and all tion for the period recommended or persons concerned. a lesser period fixed by him, '(3) A cancellation or suspension of a or he may refrain from acting on the licence shall not be affected in any way recommendation. by reason that an appeal has been (b) The Minister may terminate any instituted under this section.' " cancellation or suspension of a licence Amendment agreed to. imposed by him under this subsection, New clause 22, as read, agreed to. or he may substitute a period of sus­ pension for such a cancellation or reduce Clause 23-Effect of suspension- the period of such a suspension. Hon J. A. ROW (Hinchinbrook-Minister '(3) The standards officer shall notify for Primary Industries) (4.52 p.m.): I move the licensee of any action taken by the the following amendment- Minister under subsection (2) of this "On page 10, line 1, omit the words-­ section. 'by the Board' In this subsection the term "licensee", in a case where the Minister has acted and insert in lieu thereof the words-­ to cancel a licence or to terminate the 'by a Judge of District Courts, or a cancellation of a licence, means "the Stipendiary Magistrate, or the person who held the licence immediately Minister'.'' prior to its cancellation".'" Amendment agreed to. Amendment agreed to. Clause 23, as amended, agreed to. Clause 21, as amended, agreed to. Clauses 24 to 28, both inclusive, as read, Clause 22-Appeal against refusal, sus­ agreed to. pension, cancellation of licence- Clause 29-Governor in Council may issue Hon. J. A. ROW (Hinchinbrook-Minister directions in hazardous area- for Primary Industries) (4.50 p.m.): I oppose this clause. Mr. LICKISS (Mt. CooH:ha) (4.53 Clause 22, as read, negatived. p.m.): Referring back to the definition of "ground distribution" and the definition and Hon. J. A. ROW (Hinchinbrook-Minister meaning of "hazardous area", clause 29 for Primary Industries) (4.51 p.m.): I move states inter alia- the following amendment- "The Governor in Council may from "On page 9, insert as clause 22 the time to time in respect of a hazardous area following clause- direct that a person shall not carry out or '22. Appeal against cancellation, sus­ cause or permit to be carried out any aerial pension or refusal of a licence. (1) A distribution or ground distribution unless person whose licence has been cancelled in accordance with such conditions as may or suspended by the Minister or whose be specified by him in the direction." application for a licence or renewal of The point I wish to make relates to aerial a licence has been refused by the Board distribution. The whole field is open to may appeal to a Judge of District Courts control by the Governor in Council, but in or to a stipendiary Magistrate. the control to be exercised over ground 'Such an appeal may be made to a distribution the Governor in Council has Judge of District Courts at any place no jurisdiction in terms of this definition appointed for holding such courts or to a except over herbicides. If, for argument Stipendiary Magistrate at any place sake, a person distributed parathion or any appointed for holding magistrates courts other agricultural chemical he would not be and shall be instituted in the manner and subject to control because ground distribution within the time prescribed. is defined. This point needs some clarification. 2132 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

Hon. J. A. ROW (Hinchinbrook-Minister any of the following, namely time, place, for Primary Industries) (4.54 p.m.): The agricultural chemical, chemical formula­ clause states that spraying can be limited tion or type of equipment." as to time, place, agricultural chemical, chemical formulation or type of equipment. It refers to ground distribution. I was In this regard any type of equipment can be informed by the Minister that, regardless included and the Governor in Council may of whether or not an area is declared a from time to time issue directions as to its use hazardous area, there will be no control of in respect of any hazardous areas. The ground distribution of fungicide or insecti­ direction made by the Governor in Council under this section may be published in the cide. I refer to his opening remarks at the "Gazette" or in any newspaper or news­ introductory stage, when he gave the papers circulating in the declared hazardous assurance that there would be no control area. In fact, we are going to advise the aerial of ground spraying of fungicides and operators in those areas of the direction that insecticides. Clause 6 controls the whole will apply from the date of its publication. situation, and clause 29 is subject to that When the direction has been published in a provision. The Governor in Council will newspaper the Governor in Council shall as have no control over hazardous areas soon as possible after issuing such direction relative to the ground spraying of fungicides cause a notification thereof and the date of and insecticides. the issue thereof by him to be published in the "Gazette". Hon. J. A. ROW (Hinchinbrook-Minister In respect of ground distribution of agri­ for Primary Industries) (4.58 p.m.): I thought cultural chemicals I should like to refer to a I explained that point quite clearly when l later clause, clause 48, where it will be seen answered the hon. member for Burnett. The in subclause (3) (a) that regulation may be Bill generally controls the distribution of made in respect of aerial or ground distribu­ herbicides by ground equipment; it refers tion of agricultural chemicals over hazardous only to ground equipment. The control of areas. The restricted meaning given to the the distribution of insecticides and fungicides type of material controlled and the definition by ground equipment is not ruled out in of ground distribution is thus widened to hazardous areas. I think the hon. member include any agricultural chemical; that is, must realise that. Section 29 provides that an insecticide, fungicide, herbicide or vermin the Governor in Council may direct that a destroyers. As I pointed out, Mr. Hodges, person shall not carry out or cause or permit the declaration of a hazardous area will be to be carried out any aerial or ground dis­ made very, very carefully. A recommenda­ tribution in a hazardous area, and it goes tion will have to be made by the Governor on to say that any such condition may be in Council, and I am quite sure that nothing related to time, place, agricultural chemical, will be done in hazardous areas to the detri­ chemical formulation, or type of equipment. ment of the people living in them, and Again I emphasise that control will be exer­ especially those who are growing crops. I cised when my department considers it can assure the hon. member that the declara­ necessary or when Cabinet considers it neces­ tion of hazardous areas will not be made sary in relation to pest and disease control. without due recognition of all the circum­ I give the hon. member for Logan my stances. assurance that no responsible Minister and no responsible department would approach Mr. LICKISS (Mt. Coot-tha) (4.56 p.m.): these matters with indiscretion. The hon. I am very pleased to have the Minister's member refers to his area of Redland Bay, assurance, but I am quite sure that the hon. where pesticides are commonly used. I think member for Logan will not be too happy, I can assure him-I am sure I can assure because if the "salad bowl" area is declared him-that due regard will be paid to the a hazardous area the argument that he puts problems in these areas. Redland Bay will up is well-founded, and it follows that the not be declared a hazardous area. I assure Governor in Council will have the same con­ the hon. member that I will not enter into trol over the ground distributor as over air­ the declaration of hazardous areas without craft. I am very pleased to have the Minis­ a great deal of thought and examination ter's assurance on this matter. because there will be many p;coblems associ­ ated with the procedure. I hope the hon. Mr. E. G. W. WOOD (Logan) (4.57 p.m.): member for Logan will accept my assurance. I would like an assurance from the Mini·ster Clause 29, as read, agreed to. on this question. Firstly, clause 6 defines "ground distribution" as- Clause 30, as read, agreed to. "The spraying, spreading or dispersing Clause 31-Effect of failure to give of any herbicides or any preparation con­ notice- taining any herbicide from ground equip­ ment." Hon. J. A. ROW (Hinchinbrook-Minister Secondly, clause 29 states- for Primary Industries) (5 p.m.): I oppose the clause. "Without limiting the aforegoing any such condition may be related to all or Clause 31, as read, negatived. Agricultural Chemicals [l DECEMBER) Distribution Control Bill 2133

Hon. J. A. ROW (Hinchinbrook-Minister the occupier any dwelling-house or any for Primary Industries) (5.1 p.m.): I move part used for residential purposes of a the following amendment- building unless that person does so "On page 13, insert as clause 31, the under the authority of a search warrant. following clause- '(4) If it appears to a justice of the '31. Effect of failure to give notice. peace, upon complaint made on oath (1) This section applies to an action by any of the persons mentioned in claiming damages in respect of the loss subsection (1) of this section, that such of or damage to crops or stock alleged person has reasonable grounds for to be caused by or arising out of or believing and does believe that any in connexion with aerial distribution or aircraft or ground equipment or agricul­ ground distribution. tural chemical which such person reasonably believes to be used or to be '(2) Except by leave of the Court a intended to be used for aerial distribution claimant in an action referred to in or ground distribution in any dwelling­ subsection (1) of this section who has house or in any part used for residential failed to comply with the provisions of purposes of a building then that justice section thirty of this Act shall not call may issue his warrant directing the as a witness the standards officer, the person named therein to search that assistant standards officer, any analyst, dwelling-house or part of a building.' " any inspector or any other officer of the Department of Primary Industries Amendment agreed to. or of the Board or any member of the Mr. MURRAY (Clayfield) (5.4 p.m.): Board or put in evidence any report or Generally, this clause has been arranged statement referred to in sections thirty­ very satisfactorily. There is only one matter two or thirty-three of this Act or any that worries me, namely, subclause 1 (e), records or writings of the said Depart­ which says- ment or of the Board or any member of the Board. "question with respect to matters under Leave as aforesaid shall not be granted this Act any person; and require any by the Court unless with the consent person to answer the questions put and of the defendant or unless the Court to sign a declaration of the truth of his is. satisfied that the failure to comply answers." With such provisions was occasioned by At this stage I should like to comment on mistake or by other reasonable cause or the questioning of any person at any place. that the defendant wil! not be materially It is obvious that we will require any person prejudiced in his defence or otherwise to answer questions put, and apparently we by the failure.' " will also require him to sign a declaration Amendment agreed to. as to the truth of his answers. We have saved that to some extent by the insertion New clause 31, as read, agreed to. of subclause (2) (a) in the amendment which Clauses 32 and 33, as read, agreed to. reads- Clause 34-Powers of Inspectors, &c.- "No provision of subsection (1) of this section or of section forty of this Act Hon. J. A. ROW (Hinchinbrook-Minister shall be construed so as- for Primary Industries) (5.2 p.m.): I move (a) to oblige any person to answer the following amendment- any question or make any statement "On page 14, line 16, after the word which answer or statement would or '&c.', insert the numeral and brackets­ would tend to incriminate him; or '(1)'." (b) to render any person liable to a Amendment agreed to. penalty for failure to make such an answer or statement.'' Hon. .J. A. ROW (Hinchinbrook-Minister I still believe that this is a departure from for Primary Industries) (5.3 p.m.): I move the accepted principle. Is this not a new the following amendment- principle? I cannot find it in any other "On page 14, after line 33, insert the Act. Are we not introducing something following new subclauses- new? I know we have saved it, but I am '(2) No provision of subsection (1) worried as to whether an inspector may say, of this section or of section forty of "If you answer questions, or sign a declaration this Act shall be construed so as- as to their truth, this evidence may be used (a) to oblige any person to answer against you." Does he say, "You need not any question or make any statement answer any questions that you feel might which answer or statement would or incriminate you"? Does he point out that would tend to incriminate him; or no penalty is prescribed for failure to (b} to render any person liable to answer? Does he carry a document with a penalty for failure to make such him, as a safeguard, to be read before he an answer or statement. requires a person to answer questions or sign a statement as to the truth of the '(3) Subsection (1) of this section shall answer? not authorize any of the persons mentioned in that subsection to enter Mr. O'Donnell: Would that not have to and search without the permission of become part of the regulations? 2134 Agricultural Chemicals [ASSEMBLY] Distribution Control Bill

Mr. MURRAY: I would not know. That Clause 39-Prohibition of aerial or ground is what I am asking the Minister. It appears distribution by unlicensed person- to be a departure. The Minister was very Hon. J. A. ROW (Hinchinbrook-Minister good in diS'Ollssing this with many of us for Primary Industries) (5.10 p.m.): I move when we voiced some worcry about clause the following amendment:- 34. Generally it fills our requirements except "On page '16, line 2, after the words that is seems to be a departure. Who will 'out or', insert the word- know how this information is to be used and where it will be used? The inspector can 'knowingly' ." walk into any place and ask any person any Amendment agreed to. question. He is not required to ask questions Clause 39, as amended, agreed to. on those premises or of particular persons. Clause 40-0bstructing inspection, &c.- We are not conrrining him to that. The pro­ vision in the industrial la:w specifies that Hon. J. A. ROW (Hinchinbrook-Minister questions can be asked only in relation to the for Primary Industries) (5.11 p.m.): I move Act. In this case it seems we are giving an the following amendment:- extraordinary type of power. I ask the "On page 16, lines 38 to 44, omit the Minister to tell us how this question will words- be asked and is it intended that the inspector 'No provision of this section or of will follow the pattern set by an arresting section thirty-four of this Act shall be police officer who says. "If you make a state­ construed so as- ment, it might incriminate you. It will be (a) to oblige any person to answer used in evidence against you." Unless he any question or make any statement says something like that he can ask any which answer or statement would or person in any place any question and get any would tend to incriminate him; or information wlhich could be used for any (b) to render any person liable to a purpose. penalty for failure to make such an answer or statement.'." Mr. O'Donnell: It says it must be a Amendment agreed to. question with respect to matters under this Act. Clause 40, as amended, agreed to. Clauses 41 to 45, both inclusive, as read, Mr. MURRAY: Even so it is still pretty agreed to. wide. It seems a departure from the normal Clause 46-Service of request, direction, principles used in la:w. I am not a lawyer. notice, &c.- Unfortunately our Iawyer fdends have deserted us at the moment. 'H they were here Hon. J. A. ROW (Hinchinbrook-Minister they could probably answer this readily. I for Primary Industries) (5.12 p.m.): I move thank the Minister for his attention and for the following amendment:- making the other amendments. "On page 18, line 36, omit the words- 'by any officer'.'' Hon. J. A. ROW (Hinchinbrook-Minister Amendment agreed to. for Primary Industries) (5:8 p.m.): We have Clause 46, as amended, agreed tG. discussed this for the last couple of weeks. I have done everything possible to meet the Clause 47, as read, agreed to. requirements of most hon. members. My Clause 48-Regulations- departmental officers always act with the Hon. J. A. ROW (Hinchinbrook-Minister utmost discretion. for Primary Industries) (5.13 p.m.) I move Honourable Members: Hear, hear! the following amendment:- "On page 19, line 49, omit the words­ Mr. ROW: I have searched the records 'and aerial equipment' and ha'V'e not found any complaint lodged and insert in lieu thereof the words­ against any member of my department for 'equipped with aerial equipment'." overstepping his authority. I can assure the Amendment agreed to. Committee that in the future there will be no complaint. These inspectors always Mr. LICKISS (Mt. Coot-tha) (5.14 p.m.): discharge their authority in accordance witlh The Minister drew my attention to the speci­ the spirit of the Act. The only Act in which fication contained in clause 48 (3) (e), for I can find any similar provision is the chemicals distributed by either aircraft or Official Inquiries Evidence Act. I think that ground means. Again I feel that this might broadly covers the position. be ambiguous. From the definitions of "ground distribution" and "aerial distribu­ Clause 34, as amended, agreed to. tion", one is inclined to think that control extends in ground distribution only to herbi­ Clauses 35 to 38, both inclusive, as read, cides. In terms of clause 48 (3) (e), commer­ agreed to. cial operators can be rigidly controlled in Primary Producers' Organisation [1 DECEMBER] and Marketing, &c., Bill 2135 any chemical that they distribute. In the sugar-growing industry, if the number of case of ground distribution, it goes beyond mills or the number of growers is taken as herbicides. a measuring stick, it may well result in that The Minister mentioned in his second­ industry being run by those with the least reading speech that the distribution of a amount at stake. If, on the other hand, too certain chemical that I mentioned could be great an emphasis is placed on production controlled by regulation under this clause. and levies flowing from production, the This confirms my view that urgent action smaller growers or mill areas may well have must be taken by the Standards Branch to no voice. specify a formulation by way of dilution The committee of inquiry headed by Mr. and of active constituent for the various J. A. Jones put forward a proposal, involv­ types of distribution. Obviously people are ing a re-grouping of mill areas, for a 15- flouting the recommendations of the Agri­ member council. It is clear from the com­ cultural Standards Act in relation to one mittee's report that in the final analysis of particular chemical, parathion, because the any proposal consideration had to be given recommendation is 600 gallons of water to to the advantages to be gained, or other­ one pint of 50 per cent. active constituent, wise, from the incorporation of some of the and I pointed out quite clearly to hon. long-established separate mill areas into members that distribution of this solution adjoining districts. The hon. member for by aircraft was economically impossible. Mulgrave will remember the incorporation This must be considered in relation to of Mossman into the Cairns area, Tully ground spraying also, and the point that the into Innisfail, Proserpine into Mackay and Minister has made emphasises the necessity Isis into the southern area. for the taking of urgent action to specify a As I have already indicated to the House, formulation for the various types of distribu­ it has been decided to allow these established tion. small districts to continue unchanged. To If one reads clause 48 (3) (e), one sees do this involves a council membership of 17, that it reads- which is two more than recommended by "prohibiting or regulating the use in aerial the committee. and ground distribution of preparations These will be Mossman 1, Cairns 1, Innis­ containing agricultural chemicals, either fail 1, Tully 1, Herbert River 2, Burdekin 2, generally or with reference to particular Proserpine 1, Mackay 3, Bundaberg 2, Isis 1, agricultural chemicals or groups of those Maryborough 1 and Southern 1. chemicals, whether absolutely or in pre­ scribed areas, or during prescribed periods The hon. member for Tablelands raised of the year in prescribed areas;" the question of whether all growers will be satisfied. To this, I can only reply that Again, I am not unhappy about that pro­ the growers were given every opportunity vision, but I do say that it is rather strange and assistance to bring forward a solution, to find that the intention of these provisions but could not agree among themselves prior conflicts somewhat with views expressed previously relative to aerial and ground dis­ to this matter coming to the Government for tribution. I do not think that was the view decision. taken originally. As I outlined in my introductory speech, we appointed two committees, one chaired Clause 48, as amended, agreed to. by Mr. Pearce and the other by Mr. Jones. Bill reported, with amendments. Neither of those committees could reach a satisfactory solution acceptable to the PRIMARY PRODUCERS' ORGANISA- Queensland Cane Growers' Council or the TION AND MARKETING ACTS executive. AMENDMENT BILL The hon. member for Mirani quoted many figures and percentages based on mill areas. SECOND READING I feel he will be the first to agree that mill areas of themselves do not provide an equit­ Hon. J. A. ROW (Hinchinbrook-Minister able basis for State representation. I was for Primary Industries) (5.18 p.m.): I move­ very interested to hear that he believed the "That the Bill be now read a second Bill goes a long way towards solving this time." question of representation on the council In my speech at the introductory stage, I and for this reason gave it his full support. made the point that this Bill is essentially He mentioned other matters, too-the sub­ a simple one, and on that occasion I gave sidy on nitrogenous fertilisers and the finan­ the history of the events leading to its cial difficulties in which particularly some introduction. new cane-growers are finding themselves. Simply stated, the purpose of the Bill is The Government has done much to assist to permit additional members to be and support both millers and growers in the appointed to the Queensland Cane Growers' past 12 months, but I do not really think Council in order to provide for more reason­ these matters are pertinent to this Bill now able representation of the various sugar before this Committee. districts. The question of representation in The Bill does not go beyond making pro­ the central body of any State organisation vision for an increased membership of the is often a difficult one. In the case of the council, and I commend it for consideration. 2136 Primary Producers' Organisation [ASSEMBLY] and Marketing, &c., Bill

Mr. O'DONNELL (Barcoo) (5.23 p.m.): the eyes of the world. As I said before, As this Bill relates to the sugar industry, no we do not oppose this Bill in any way and doubt it will possibly draw comment from I extend the Opposition's best wishes to the several members of the House and I thus industry. intend to be brief. I do not think any other Mr. ARMSTRONG (Mulgrave) (5.28 p.m.): primary industry is as well organised as the I realise that it is a very difficult task that sugar industry, from the growers' point of view, the millers' point of view and the the Minister is facing up to at the present employees' point of view-in the latter case, time in trying to bring about what may be of course, particularly due to the efforts of termed "equity" among the various districts for the important reason that he has cited. the Australian Workers' Union. It is found in the industry that an area with This Bill is probably one of the shortest one mill, perhaps with a peak of 40,000 to we have had before the House in years. It 50,000 tons, is represented, and another area, entails only a small amendment to subsection with perhaps three mills with a peak of 7 of section 30 of the Act. Even that 230,000 tons of sugar-as it is in the case amendment would not have been necessary of Cairns-has only one representative on had not a limitation to a maximum of two the council. Here I want to express the representatives on the Queensland Cane disappointment of the Cairns Executive, Growers' Council been written into the Act. which has found itself in this position. Cairns This proposal, of course, re-words the is one of the areas that are not happy with section so that the Queensland Cane the legislation before the House at the pre­ Growers' Executive can be authorised by sent time. As I said before, I know that Order in Council to appoint no more than it is a most difficult question. I listened three representatives. Consequently, there very attentively to my colleague from has been an increase from 13 members on Mackay when he was speaking on this Bill the council to a new organisation of 17 at the introductory stage. Whilst he is very members. happy about it, he is still of the opinion that Mackay has not adequate or proper The increase in membership applies to representation in relation to its area and Mackay, Bundaberg, Burdekin and Herbert peak and the money it is paying into the River and it may be opposed by areas retain­ organisation. At least, the Mackay district ing only one member. Consequently, hon. has achieved its representation. This is not members on this side particularly may have so in the case of Cairns, which has exactly some comments to present on behalf of their the same representation as, say, the Moss­ own particular districts. man Executive, the Tully Executive, and I want it to be understood, first of all, other district executives throughout the that we are quite sincere in asking those State. hon. members to present their cases. The I suppose it would be very difficult to find Opposition as a body does not oppose this a basis on which to give equity in this matter Bill in any way; as a matter of fact, we and at the same time please the organisation. appreciate the difficulties associated with As the hon. member for Barcoo and others the whole matter. Even the committees have said, committees have been looking into appointed in 1962 and 1965 could not arrive this vexed question. The organisation, too, at a solution. The industry itself could not has looked into it but it has been unable to solve the difficulty, and, as a consequence, solve the problem. I repeat that it will be the Government introduced this Bill. Our very difficult for us to find a solution that stand on this matter was that, as we had no will satisfy all concerned. protest from the industry about the proposed legislation, we should adopt the The district that I represent includes Cairns attitude that the industry must feel that some and Innisfail. Innisfail does not appear to progress has been made, although possibly be too upset about this proposal but the it is not the ideal solution and full equity Cairns area is, for the following reasons: has not been given all round. However, there are three mills in the area, with a peak some of these matters are very difficult of 230,000 tons of sugar; and they find because a line has to be drawn somewhere. themselves just as they were before, with one member representing three mills with a In conclusion, I sincerely hope that 1967 peak of 230,000 tons. If we examine the will be a happier year for the sugar industry respective margins in various districts we find and the people associated with it. I hope that mill-wise, as well as peak-wise, they are that the new people in the industry, as well worse off. as the old growers-! do not mean "old" in age, but the established people-will also Mr. Wallis-Smitb interjected. benefit in the coming year. Mr. ARMSTRONG: The hon. member for It is a rather a paradox that the sugar Tablelands wants to know the situation of the industry has to increase its production even district executive in Innisfail. Here, again, when it is in a state of crisis. The Inter­ there are three mills with a peak of 206,000 national Sugar Agreement will determine tons of sugar, with one representative. That what part the Queensland industry will play is the peak allotted in the aggregate to the on the world sugar market. Even in a time mills in the area, not necessarily their pro­ of stress production has to go ahead so that duction. Sometimes they are over and some­ our ability to produce can be put before times they are under. Primary Producers' Organisation [l DECEMBER] and Marketing, &c., Bill 2137

Mr. Walli~Smith: Are they quite happy? Bill is passed, the Minister should watch the position closely to see if he can remove what Mr. ARMSTRONG: I do not think they the Cairns executive considers is an anomaly. are quite happy, but they are not quite as If the Minister decides to accept the pro­ upset as the people in the Cairns area. posal he can put it into effect by Order in Mr. Wallis-Smith: You should have found Council; he will not have to amend the out. legislation. He has an opportunity to correct the anomaly fairly easily if this representa­ Mr. ARMSTRONG: I know a little bit tion does not function as well as he hopes. about this matter. It is a pity that industries look at these The Innisfail district is mindful of the matters only in the light of how much power problems. We can all be excellent critics, there is in a particular district. After all, but it is not easy to find an equitable solu­ bodies such as this are charged with the tion to this matter of representation owing responsibility of running the industry as a to the way the industry grew up. When trac­ whole. It would be in the best interests of ing the industry's background we must be this industry, I feel sure, if the representa­ mindful of the fact that when it was first tives, no matter where they came from, established, some areas were very isolated. viewed the industry in that light instead of The Mossman area did not even have access considering only the voting strength of any by road, and it had a separate port. That is particular district. one of the reasons why, at that time, it had as Mr. Wallis-Smith interjected. much representation as some of the larger areas. Mr. ARMSTRONG: I believe that the Government has a sound policy. I have said As I have said, the Cairns district believes this many times. We desire to work in that it has come out of this deal fairly badly. partnership with the industry. I should like Mr. R. Jones: Have you been able to con­ to see the industry solve its own problems if vince the Minister on that point? possible, but it is obvious that it has not been possible. When this is looked at from Mr. ARMSTRONG: I was just explaining the viewpoint of some of the bigger execu­ their thinking. There are three mills with tives their position is understandable. For only one representative, with a peak of instance, at present places like Mossman have 230,000 tons of sugar. as much power on the council as Cairns, This will be the position of the various Innisfail, Bundaberg, and Ayr. We can areas after the Bill becomes law- understand why there is some dissatisfaction.

------~~-- I do not know whether this legislation will I I overcome the problem. District I No. of I No. of I Mills Representati~ I do not like the size of the council. It I I I is being enlarged from 13 to 17, and if Cairns .• I 3 Cairns is given another representative there Innisfail 3 Herbert Rive; . .. 2 2 will be 18. A difficult situation could arise Ayr ··I 4 I 2 if it comes to a division. I Mackay .. I 7 I 3 Bundaberg .. .. : 5 2 I Mr. Wallis-Smith interjected. -··--- Herbert River has two representatives to Mr. ARMSTRONG: It depends on the two mills; Ayr has one representative to two viewpoint. I am not prepared to say whether mills; Mackay has one representative to two it was or not. I think I had a better solu­ and a-third mills, and Bundaberg has one tion than the Jones committee. I am not representative to two and a-half mills. sure that this would be acceptable to the council. It threw all of these things out Turning to peaks, this is the position: and perhaps it would throw this out, too, if it could. I should like the Minister to watch how the council functions and if Area Peak I No. of I Peak;~~nage Tonnage Represen- Represen- possible help the Cairns area if and when it becomes possible. On the figures that I ----- ~~tatives ~~~- ---- I have given, I think it will be agreed that the 230,000 230,000 Cairns area has received the worst deal from ~~i~~u ::I 206,000 206,000 the point of view of both millers and growers. Herbert River .. 255,000 2 127,500 Before concluding, I, like the hon. member Ayr 333,500 2 166,750 Mackay .. 476,500 3 158,833 for Barcoo, sincerely hope that 1967 does Bundaberg 271,500 2 135,750 much to restore the prosperity that this industry has enjoyed over the years. In that light, Cairns district has not done Mr. R. JONES (Cairns) (5.40 p.m.): The too well. previous speaker reminded me of a cyclist I should like the Minister to examine the who was trying to get on his bike but who position of Cairns. I have no doubt that had caug,ht his trousers in the chain and had the Cairns executive has been in touch with to hop along beside the bike without throw­ him and has submitted a strong case to him. ing his leg over the bar. Although the hon. In the light of what might happen after this member would have liked to criticise the 70 2138 Primary Producers' Organisation [ASSEMBLY] and Marketing, &c., Bill

Government on this measure, he did not do Cane Growers' Executive, I intend to pro­ so. I was trying to gi,ve him a lift and duce figures that will justify my argument and help him to criticise tihe Minister in an show how Cairns has been less bvourably approach for more reasonable representation treated than other areas. I believe they will for the Cairns area. show that equal representation should be given to each district. If there must be 'I preface my remarks by saying that increased representation, the need for it Mossman is an established district and its should be assessed on the number of mill representation should remain unchanged. I areas in the district and the mill peaks. was pleased to hear the Minister say that. I was disappointed to be absent on the I strongly support better representation on introduction of the Bill; I was at that time the council for the Cairns District Cane in the electorate of Leichhardt campaigning Growers' Executive. By this Bill the Govern­ on behalf of the Federal member, Mr. W. J. ment intends to increase district representation Fulton. in some areas, and I strongly criticise it as introducing a wrong form of organisation Mr. Ramsden: That was a bit of a loss. and representation. I am criticising not so Mr. R. JONES: On the contrary, his much the increased representation granted majority was increased. ~o other districts but tihe absence of con­ sideration for the Cairns area. The foHowing table, wJ:lich I have taken a fair amount of trouble to prepare and which To demonstate the injustice of the measure I wish to have included in "Hansard", shows to those in the area of the Cairns District the present and proposed positions-- ···--- Present Position Proposal Number of District Mill Areas Number of Mill Areas Number of Mill Areas Members per Member Members per Member

Bundaberg .. .. 5 I 5 2 2} Ayr ...... 4 I 4 2 2 Mack~y .. 7 2 3-} 3 2t H erbert River ...... 2 I 2 2 I Cairn& ...... 3 I 3 I 3

I ----~ I should like that table included in "Hansard" for two mill areas. Mackay has one for 3t so that the growers in the Cairns area can see mill areas as against one member for three what will happen upon the introduction of mill areas in Cairns; but under the proposed the new proposal. It indicates that Herbert legislation Mackay will have one for 2t mill River will have one council member for each areas while Cairns remains static. That shows mill area, Cairns will have one council clearly that Cairns has cause for complaint. member for three mill areas, and the I have prepared another t

Present Position Proposal Aggregate District Mill Peaks Number of Mill Peak Number of / Mill Peak Members Per Member Members 1 Per Member ---~--~------l------~------~------~------Bundaberg ...... 271,500 I 271,500 2 135,750 Ayr ...... 333,500 I 333,500 2 j1 166,750 Mackay ...... 476,500 2 238,250 3 158,833 Herbert River . . . . 255,000 I 255,000 2 127,500 Cairns ...... 230,000 1 230,000 I 230,000

The present position allows a reasonable districts, because the inequities that will equity as between the five districts; but a result from the proposed alterations are very comparison of the fourth column on the apparent. table with the sixth column (the new Has the matter been considered very care­ proposal) shows clearly that that equity will fully? Are these changes in the best interests be upset by the proposed alterations. In my qf the sugar industry, which already is in opinion, it is an extraordinary decision. dire straits? I believe that the Government's proposal will create inequity and that the I am putting forward a case only on behalf Cairns district particularly will suffer. of Cairns, but I understand that the proposal Therefore, I do not support the proposed will have an equally adverse effect on the alterations. Innisfail district suppliers' committee, repre­ I know allegations have been made that senting Goondi, Mourilyan and South John­ political pressure has been brought to bear, stone. A formula similar to that applied to and the strongest protests must be registered Bundaberg, Ayr, Mackay and Herbert River against the underlying content of the pro­ should be applied to the Cairns and Innisfail posals contained in the Bill. Primary Producers' Organisation [1 DECEMBER] and Marketing, &c., Bill 2139

I refer to a statement by Mr. MacDonald, "Growers' executives in these districts the executive chairman of the council, who now producing more that half the State's comes from the Mackay district. He said he cane have protested for a long time against was not altogether in favour of Cabinet's the representation set-up on the council, decision because it was not completely satis­ which comprises 13 members representing factory to Mackay, but it was a step in the 12 districts and 31 mill areas. right direction. I refer also to a statement "These three districts have only four that appeared in "The Courier-Mail" of 21 members on the council. August, 1964, relative to the setting-up of the inquiry into the affairs of the sugar-growers. 'The issue was considered again at the It said- Queensland Cane Growers' Association's annual conference last March, when "The State Government has ordered a delegates decided by 17 votes to 14 that a complete and independent inquiry into the member be elected to the council for each structure of cane growers' organisations." of the State's 31 mill areas. The Government ordered this inquiry and "But, at the subsequent meeting of the then, from what I can see of the matter, it Cane Growers' Council, this decision was completely rejected the proposals put forward. defeated nine votes to four." The constitution of the Jones committee of Amazement is freely expressed in cane­ inquiry was announced on 21 August, 1964, growing circles in my area that such blatant when the Minister was reported as follows- disregard for the submissions could be con­ " .... the Government had acceded to doned by this Government, which is supposed requests from within the organisations for to represent the very section of the com­ the investigation. munity which it is now refusing to "Mr. Row said attempts by these recognise-the farmers. organisations in recent years to resolve their Mr. Wallis-Smith: It recognised the Ford, differences of opinion particularly on Bacon and Davis Report quickly enough. grower representation on the Queensland Cane Growers' Council had been Mr. R. JONES: Of course, but that affected unsuccessful." adversely the northern section of the State. The committee that was set up to make the This proposal was not requested by the investigation was constituted as follows­ committee of inquiry under the chairmanship "Acoordingly the Government had of Mr. J. A. Jones, who is secretary of the approved appointment of a committee of Council of Agriculture, and the injustice to inquiry to examine the matter. the Cairns district is quite obvious from the figures I previously quoted. "The oommittee's chairman would be the Council of Agriculture Secretary (Mr. J. A. Surely the Minister for Primary Industries Jones)." and his Government will not deliberately allow the injustice to the Cairns area to be Just becauses my name is Jones, do not think perpetrated. There were previous requests that this fellow is a relation of mine. I do from Ayr, Bundaberg and Mackay for not know him from a bar of soap and I do additional representation on the council, but not consider that this inquiry was the best they were always disregarded in the past merely because its chairman happened to be and we want to know why they are being named Jones. It was set up by the Minister taken notice of now. It was always obvious for a certain, specific purpose but its proposals to us previously that it was not warranted were not accepted by the Minister. or justified and we can refer back to the The Press report continues- 1961 committee of inquiry under the chair­ "Other members appointed were Mr. B. manship of Mr. Pearce, which strongly H. Dowling, a solicitor, and Mr. C. L. criticised the attitude of these areas. Harris, a Primary Industries Department The recommendation of the Jones Com­ executive officer. mittee of Inquiry did not support those "Mr. Row said Mr. Jones had had a long requests; yet this Government rejected the experience of primary industry matters. committee's recommendations and carried on Other members also were widely regardless. First of all, it set up an inquiry experienced in growers' affairs. to look into these things and then applied Parkinson's Jaw and rejected all the useful "Secretary to the committee would be conclusions and succumbed to political pres­ Mr. A. J. Everist, of the Primary Industries sure from these areas. Department Marketing Division." Following this, we saw the political pressure Mr. SPEAKER: Order! The hon. member applied to which I referred earlier in my is getting a bit wide of the mark when he speech. This was in 1964, when this was says that the Government succumbed to reported- political pressure. I ask him not to use those terms and to withdraw his remark. "Last April the Premier (Mr. Nicklin) promised a deputation of growers from Mr. R. JONES: With due deference, Bundaberg, the Burdekin, and Mackay an Mr. Speaker, the people of Cairns would investigation into representation on the have willingly accepted the recommendation council. of the Jones Committee, and we in our area 2140 Primary Producers' Organisation [ASSEMBLY] and Marketing, &c., Bill

would be quite prepared to accept the recom­ industry?" The organisation has always mendations contained in the committee's acted previously as one body, not as a dis­ report. At the present stage the authorised membered organisation. It is a great pity appointment of two or three members is not if inequity and injustice are to tear asunder acceptable when Cairns is not included. the common sense and goodwill exercised by The Minister will attempt, or has the growers in the field of management of attempted, to justify the allotting of the new their affairs. The cane-growers' organisa­ members and increasing the representation tion is one in which all growers are united from 13 to 17 by saying that the allocation in their aims and objects, working together of new members will allow six council mem­ for good service to all members. It would bers each to the Northern and Central dis­ be a pity if this legislation were to cause an tricts and five to the Southern district. The imbalance between the members. The claim that Ayr, Mackay and Bundaberg, Government is stepping in because the mem­ representing 16 mill areas, have only four bers could not agree amongst themselves. I votes is simply manipulating statistics to suit believe they should have been left to their selfish ends. If three scattered districts are own devices in solving this problem, as they to be used in this manner, it is just as cor­ rect to say that Cairns, Ayr and Bundaberg have done previously. represent 12 mill areas and have only three [Sitting suspended from 6.1 to 7.15 p.m.] votes, whereas the other 19 mill areas have 10 votes. The reason for the alleged imbal­ ance of voting power is that three scattered Mr. R. JONES: I was saying that Cairns districts have been selected and compared should be granted an additional representative with four multiple-mill districts scattered on the council. I was also saying that the from Rocky Point to Cairns, plus five cane-growers are deeply disturbed by the single-mill districts ranging from Mary­ Government's decision and that there was borough to Mossman. Virtually, any group­ astonishment at it. I was submitting that ing in which the five single-mill districts are it was not requested of the Jones Committee placed in the same group will yield very of Inquiry, and it was not recommended by similar results. that committee, that that decision be made. I said-and I want to stress this point-in If districts are to be grouped-and we do relation to the innovation by which districts not agree with this procedure at all-at least are being grouped that the cane-growers' let them be grouped logically and geographic­ organisations want it known that they are ally. To demonstrate this point, let us take not separate organisations; they are really the districts from the Burdekin north and one body, and have always acted as one body compare them with the districts south of The only serious internal trouble that I know the Burdekin. From the Burdekin north of concerns the matter of representation. there are six council members for 14 mill That is not a real difficulty, but it would be a areas, which represents 2 · 3 mill areas to great pity if it were to continue. each council member. South of the Burde­ kin there are seven council members for 17 The recommendations of the Jones Com­ mill areas, or 2 · 4 mill areas for each council mittee of Inquiry would have suited Cairns, member. Could anything be more equitable? because Mossman would have been incor­ By these means, the two northern single-mill porated in the Cairns district, giving Cairns districts have been grouped with the four two council members. Furthermore, I northern multiple-mill districts and the three understand that the council's submissions to southern single-mill districts have been the J ones Committee of Inquiry did not grouped with the three southern multiple­ support such a change as it did not see any mill districts. necessity to upset the single-mill areas, which quite clearly had not prejudiced the operations If we consider this grouping in relation to of the Council. The committee actually projected peaks, it will be found that each recommended that the number of districts council member in the North represents be- reduced from 12 to seven, of which six 193,000 tons of mill-peak cane, and each would each appoint two representatives to council representative in the South repre­ the council, and Mackay would appoint sents 138,000 tons of mill-peak cane. It three. will be seen that the balance is strongly in favour of the South. If we wish to take I should not like to see a situation arise present peaks instead of ultimate peaks, in in the Cane Growers' Council similar to the the North the council member represents one reported in "The Sunday Mail" of 3 146,000 tons of peak, and in the South the July, 1966, under the headlines, "Cane men council member represents 116,000 tons. To plan 'take-over' in sugar industry". This arose my way of thinking, grouping districts is misleading, repugnant and contrary to the because of the problems that confronted the whole intention of the constitution. Why industry and the feelings of hustration in it. should di·stricts be grouped? The article reads- I was very pleased to hear the comments "Far northern canegrowers plan to move of the hon. member for Mulgrave. He pre­ this week for sugar men to run their own faced his remarks by saying, "Are these pro­ industry instead of operating through a posals going to upset the equilibrium of the Government advisory board." Primary Producers' Organisation [1 DECEMBER} and Marketing, &c., Bill 2141

lf we promulgate this action against the Mulgrave did not confine his remarks to this recommendation of growers we will create Bill. I could not understand why he did not activity similar to that veported in this speak to the Bill at the introductory stage. article in "The Sunday Mail", which continues- Mr. SPEAKER: Order! Hon. members who have spoken on the motion for the "Behind the move is dissatisfaction with second reading of the Bill have confined prices and export arrangements, particularly their remarks to the Bill. I ask the hon. with Japan. member for Cairns to confine his remarks to the Bill or discontinue his speech. Would 'We have now got a bureaucracy in our the hon. member please make up his mind industry. At one time we used to tell our which course he wishes to take. secretaries and marketing agents what we wanted them to do. Now they tell us.'" Mr. R. JONES: Let me reiterate that the cane-growers in Cairns should be granted Mr. SPEAKER: OrdeP! 1lhe Bill has additional representation on the Queensland nothing to do with marketing or price. The Cane Growers' Council. Cane-growers in the hon. member will please confine his remarks Cairns and Innisfail areas are deeply dis­ to the Bill. turbed because they have not equal repre­ sentation with other areas in the State. Mr. R. JONES: I was trying to relate marketing to the Bill. Mr. WHARTON (Burnett) (7.23 p.m.): I am pleased that the Bill has been introduced, Mr. SPEAKER: Order! If the hon. because this matter is of particular interest member is trying to relate it to the Bill, he not only in my electorate but throughout the is not doing a very good job. State. The hon. member for Cairns-- Mr. R. JONES: I was saying that the Mr. Bennett: Don't get upset. industry is already frustrated and, by adding an extra burden to growers in the form of Mr. WHARTON: I am never upset. I representation, about which they feel never intend to become upset. deeply disturbed-they think it is unfair and The hon. member was very wide of the inequitable-! think we can only expect them mark. This Bill would not have been intro­ to start thinking of other methods and means duced if there had been some co-operation for themselves. I agree that they have a and goodwill from the Cairns District Cane just case. If during this debate other hon. Growers' Executive. That would have members wish the members of the board the allowed the Queensland Cane Growers' best for 1967, I would say that we should Council to increase its representation. This wish them the best for 1967 in obtaining a matter is of vital concern to my electorate, negotiated price as was suggested in 'The and I am grateful that the Bill has been Courier-Mail", namely, that the British introduced because it increases our represen­ Commonwealth Sugar Agreement-- tation on the council by 100 per cent. Mr. SPEAKER: Order! I have given the In my electorate there are 1,300 cane­ hon. member an opportunity to discuss the growers supplying five mills. Up till now principles of the measure before the House. we had only one representative on the He does not appear to be doing so. Unless ccuncil. The Bill increases our representa­ he confines his future remarks to the measure tion by one. That means that Mr. Ben I shall be forced to ask him to discontinue Anderson, our representative on the council, his speech. will be assisted by another member. This move is quite justified, as I hope, during my Mr. R. JONES: I simply wanted to wish speech, to be able to show. the industry the best for 1967 in obtaining a negotiated price. This additional representation has been a matter of grievance. For the six years that Mr. SPEAKER: Order! The hon. mem­ I have been a member of this Assembly ber is continuing to disobey the ruling of the I have complained about our meagre repre­ Chair. He is discussing price, which is not sentation. Nothing came of my complaints. a subject covered by the Bill. If the hon. That is one reason I have not brought this member wishes to continue he must deal with matter up on a Grievance Day. I could the measure before the House. Otherwise not achieve it by going to the wailing wall he must resume his seat. or complaining in the House. The only way Mr. R. JONES: In the introductory stage in which it could be done was by continual of the Bill the Minister-- representation to the Premier, the Minister for Primary Industries, the Minister for Mr. SPEAKER: Order! We are not dis­ Education, and the Minister for Mines and cussing the introductory stage of the Bill at Main Roads. My colleagues the hon. mem­ the present time. We are discussing the bers for Mirani and Burdekin joined me in second reading. justifying an increase in representation on the Queensland Cane Growers' Council. Mr. R. JONES: Previous speakers in this debate, both the Minister and the hon. mem­ Mr. R. Jones: Don't you include the hon. ber for Mulgrave-the hon. member for member for Mulgrave? 2142 Primary Producers' Organisation [ASSEMBLY] and Marketing, &c., Bill

Mr. WHARTON: I will include him, of increased representation? They appear to me course. The hon. member was not here at to be very sound reasons for a change in the time to seek an increase in representation membership of the council. for growers in his area. The other members The hon. member for Cairns said that this whom I have mentioned joined me in the matter should be looked at on a State-wide approach, but the hon. member for Mul­ basis. He was speaking for Cairns; I am grave was not at the meeting. He did, how­ speaking for my district which has five mills, ever, agree that our representation should 1,300 growers, and more than half the be increased. assigned sugar lands, and pays more than Mr. SPEAKER: Order! There is too half the fees received by the council. Why much audible conversation in the House. I then should we not have increased can hardly hear the hon. member. representation? The introduction of this legislation has Mr. WHARTON: It has been said that been long delayed, but I am very pleased that this is a political issue. Perhaps it would be the Minister has now brought it before the better if I said, with deference to your ruling, House. Complaints have been made for Mr. Speaker, that it has been claimed by many years, and the Bill has been introduced innuendo that the Government has taken this because the Cane Growers' Council wants the action without being a;sked to do so by the provisions contained in it implemented. I Queensland Cane Growers' Council. It may I believe that these proposals will be an not have been requested by the council, but important factor in the advancement of the it has been sought at conferences of the asso­ sugar industry in my electorate, and if they ciation. Year after year resolutions were assist my electorate they will also assist Ayr carried seeking increased representation on and Mackay. As a consequence; the whole of the council. When council looked into the the sugar industry in Queensland will benefit. matter of increased representation, it decided It is in that spirit that I say the Bill is a that nothing could be done. One of the very good one. It gives justice to those executive members was a representative of who have been crying out for justice; it will the Cairns area, and he would not agree to benefit the sugar industry and the State as a additional representation. Now the hon. whole. member for Cairns puts up a different case. I will agree with him when I think that what Mr. BYRNE (Mourilyan) (7.31 p.m.): The he says is correct, but he should not put Bill before the House deals with increased forward things that he cannot justify. representation on the Queensland Cane Mr. Bennett: I wonder what Ben Anderson Growers' Council for certain areas. I do thinks about this. not think that the basis of representation on the council matters very much if the men Mr. WHARTON: He is very happy with who are appointed to it are of a sufficiently it; if the hon. member had been listening to high calibre. me a moment ago, he would know that he is. Because of the debacle that has taken place The Ayr, Mackay and Bundaberg districts in the sugar industry, I do not think one can encompass 16 mill areas and have four repre­ compliment the Queensland Cane Growers' sentatives out of a total of 13. The other Council very highly on its representation of districts have 15 mill areas, and nine repre­ the cane-growers of Queensland, and sentatives out of 13. There are 31 mill an endeavour must be made to see areas, and 16 of them, with approximately that capable men of very high standing half the area of assigned land, have four in the industry are appointed to it. Although representatives out of 13. I do not intend to single out any members Mr. R. Jones: The Minister said that area of the council particularly in this respect, I has nothing to do with it. was not very happy about the representa­ tion of the Gin Gin mill, a co-operative mill Mr. WHARTON: I ask the hon. member that should have remained in existence but for Cairns to listen to me for a moment. instead was sold to private enterprise for I repeat that the districts representing approx­ virtually nothing. When the matter was imately half the assigned sugar land, half heard before the Central Sugar Prices Board, the growers, half the mill peaks, and con­ a barrister said that a number of the sequently paying half the cost of adminis­ people at the hearing were ready to pick tration of the Queensland Cane Growers' the dead bones of the Gin Gin co-operative Council, have four representatives out of 13. mill. Unfortunately, other co-operative mills Is that not in itself good reason for an will go out of business unless the Government increase? watches the position very carefully. Mr. SPEAKER: Order! The hon. It seems to me that some of the organisa­ member for Burnett will address the Chair tions representing cane-growers have been and there will be less hilarity in the mutual admiration societies and that this is Chamber. why so many cane-growers are walking off their farms and taking jobs wherever they can Mr. WHARTON: Thank you, Mr. Speaker, get them. Let us hope that the new repre­ but you will agree that the debate gets a bit sentation will be of a higher standard and dull at times. In view of the facts that I that the industry will be restored to the have mentioned, why should we not have position that it once held. The production Primary Producers' Organisation [l DECEMBER] and Marketing, &c., Bill 2143 of sugar in Queensland is very high, but it for individual single-mill areas such as is not possible to sell all the sugar that is Mossman, Tully, Proserpine, Isis, and Mary­ produced. The price is lower than it has borough, and these people, of course, raised been for many years on the free market and their voices. They did not want to lose their farmers in most areas are battling for a individuality. They did not want the sub­ crust. Certainly, the cost of production is mergence of their executives, and I agree higher than the price farmers are receiving with them on that point because these for their cane at the moment, and I believe individual mill areas have done a tremen­ that the Premier should make a statement dous job for their own districts. about the present situation in the industry. There are so many problems associated with The hon. member for Mourilyan was it and, as I said earlier, the best possible secretary of the Tu!ly River District Cane representation is needed. If the men who are Growers' Executive and he will bear out my appointed have the guts to stand up for the assertion that the executive in his area did the industry, I will be quite satisfied with the a tremendous service for the cane-growers. additional representation. The time has The result was, of course, that the Cane arrived when I think the Cane Growers' Council should assert itself and battle for the Growers' Council could not agree on this producer who is presently in a very bad suggested report and it then came back to state indeed. the Government for decision. The Govern­ ment, in its wisdom, has made a decision. Hon. J. A. ROW (Hinchinbrook-Minister for Primary Industries) (7.35 p.m.), in reply: There is no way in the world that anyone It is quite obvious from the tone of the could arrive at a formula that would please debate that one could not for one minute every mill area in Queensland. Cairns, I regard this as an amendment of a political know, is not very happy about it but if one nature because from both sides of the adopts a formula-! do not suggest that it House there have been expressions for and will be adopted for all time-one must stick against the proposed amendment. True it is by it. that the Government, in its wisdom, appointed an investigating committee which One could suggest a formula based on I believe came up with some very sound peaks: up to, say, 250,000 tons of raw principles. However, as has been stated, sugar, one representative-that would include those principles were not acceptable to the Cairns and Innisfail areas; between 250,000 industry, either to the Cane Growers' tons and 450,000 tons, two representatives­ Association or to their council. which would embrace the Burdekin area; In the result the Government, in its and anything over 450,000 tons, three wisdom, decided to make these additional representatives. That is one formula that appointments consequent upon the amend­ could be put up. One could devise dozens ment of Primary Producers' Organisation of formulas but there is no way in the and Marketing Act. world that one could get membership on The hon. member for Barcoo said that the the council that would please every mill Opposition supported the Bill. He was quite area. Possibly the real concept of the definite in that. The hon. member for Queensland Cane Growers' Council has been Mulgrave, of course, expressed disappoint­ lost. The original concept was that of an ment because Cairns did not seek an addi­ organisation to develop the policy of the tional member, as also did the hon. mem­ Queensland cane-growers; it was never to ber for Cairns. Both advanced reasons why be parochial in its outlook. It was to the Cairns area comprising the mills at set forth aims and objectives for the benefit Hambledon, Mulgrave and Babinda should of all the cane-growers in Queensland, and have an additional member on the council. the representatives were selected from the I have often wondered where they stood. different areas to make one approach One of the things I appreciated in the report industry-wise and not district-wise. I feel, of the committee was the use of the words with due deference to hon. members, that "industry content". In short, there would be they have carried parochialism too far. As one representative for the Cairns area; two representatives for the mills at Goondi, far as I am concerned, there will never be Mourilyan, South Johnstone and Tully; two a formula that is going to give equal repre­ for the Herbert River mills; Victoria sentation pro rata to tons of cane and is a double-train mill and could be numbers of growers. This is the best we regarded as a double mill; two for the four can do. mills in the Burdekin area; three for the Motion (Mr. Row) agreed to. seven mills in the Mackay area-if we include Proserpine, eight; two for the five Bundaberg mills; and two for Mary­ CoMMITTEE borough, Rocky Point and Moreton. The suggestion that what was referred to as (The Chairman of Committees, Mr. Hooper, "industry content" should be the basis for Greens!opes, in the chair) representation of the various cane-growing Clauses 1 and 2, as read, agreed to. areas was quite a good one. Unfortunately, it involved a possible loss of representation Bill reported, without amendment. 2144 Regulation of Sugar Cane [ASSEMBLY] Prices Acts Amendment Bill

REGULATION OF SUGAR CANE PRICES Mr. O'DONNELL (Barcoo) (7.46 p.m.): I ACTS AMENDMENT BILL will be very brief. It is enough for me to say that I endorse the remarks of the hon. SECOND READING member for Tablelands, who handled the Hon. J. A. ROW (Hinchinbrook-Minister introductory stage of the measure. for Primary Industries) (7.42 p.m.): I move- We know very well that anything that "That the Bill be now read a second complicates the harvesting or transport of time." cane, or in any way affects its quality, is of As I explained when introducing this Bill, great concern to the industry. I feel, as do it does not go beyond granting jurisdiction others who have expressed an opinion, that to the Central Sugar Cane Prices Board to the Bill, in giving the Central Board juris­ arbitrate in cases of dispute. This is fully diction to decide whether a cane-grower in keeping with the Board's function as the sugar industry tribunal. · should use a chopper-harvester and whether the mill-owner should supply bins for The Board was established by the Regulation chopped-up cane, on such terms and con­ of Sugar Cane Prices Act of 1915, and ditions as seem just to the Board, is quite an has played a very major and effective role appropriate measure. Chopper-harvesting is in shaping the destiny of the sugar industry over a period of more than 50 years. The coming more and more into prominence, as particular powers now being granted to the is evidenced by the figures put before us by Central Board under this Bill are confined the Minister. We can readily see that the to the determination of disputes regarding industry, which is becoming more mech­ the use of chopper-harvesters. anised, needs all the help and encouragement that we can give it. The Opposition sup­ Whatever may be the merits or demerits of this particular method of harvesting, we ports the Bill. cannot ignore its existence, or the fact that, in particular mill areas, there are unresolved Mr. NEWBERY (Mirani) (7.48 p.m.): I disputes regarding this method of harvesting. have much pleasure in supporting the Bill, These disputes cannot be effectively resolved but I should like to place a few facts before under the cane prices legislation as it now the House relative to the position of the stands. The Bill seeks only to acknowledge industry today. Local boards for each mill these facts and to provide the necessary area deal with appeals and establish the machinery to enable these disputes to be award for the current 12 months. The resolved. We must have this means available Central Sugar Cane Prices Board handles reasonably soon. In the 1964 season, that is, two seasons ago, 20 per cent. of the appeals from growers and millers, and con­ crop was chopper-harvested. In the 1965 trols the whole of the industry. The local season, 30 per cent. was chopper-harvested. board establishes the local award for the In the present season, it is estimated that current year . and can include in it pro­ at least 35 per cent., or more than 5,000,000 visions relating to mechanical harvesting­ tons, will be harvested by chopper-harvesters. in this case, chopper-harvesting. If the local committee decides to introduce chopper-har­ I thank the hon. member for Tablelands vesting and instructs mills to supply bins, for his support of the Bill. I agree with the mill or the farmers can appeal to the him that, as presented, the Bill allows latitude Central Sugar Cane Prices Board. This is in its application. where the delay in the introduction of the Orders made by the Board can be freely mechanical harvesting for a forthcoming varied or revoked with the consent of the season may arise. The appeal goes to the parties and on application by an affected Central Board which, just prior to the crush­ party in the event of any new circumstances ing season, tours the State and hears appeals arising. It was considered desirable to on awards in sugar areas, but three to six permit applications for the initial order to months may elapse by the time the Central be made at any time and to leave to the Board visits a certain area. By that time it discretion of the Central Board the date is far too late for the farmer to set about on which the initial order will have force purchasing a harvester and for the miller to and effect. In the case of a variation, other set about purchasing cane bins. In addition, than by mutual consent of the parties, it tramlines and sidings could require alterations was felt necessary to ensure that such will and many other problems may have to be be resolved in sufficient time before the next faced. season to allow any amendment of the order to be carried into effect. Consequently, This Bill was brought down to hasten the applications for variation, except those by introduction of the chopper-harvester for the mutual consent, must be lodged prior to current season. Under the Bill the miller or 31 December preceding the season to which grower can appeal direct to the Central Sugar the order will apply. The Bill is a clear Cane Prices Board instead of having the local and simple one. It does not seek to direct board insert it into the local award and then or guide the tribunal, but allows it ample appealing to the Central Board. latitude to resolve~ any disputes arising out of the increasing use of mechanical chopper­ Mr. Mann: Have you ascertained the harvesters. union's point of view? Regulation of Sugar Cane [1 DECEMBER] Prices Acts Amendment Bill 2145

Mr. NEWBERY: I do not think the ago been available for the provision of bins. union has anything to do with this. The Most of the mills received requests from hon. member for Brisbane would know, and cane-growers for the provision of bins, and in I know he knows because he cut cane in many cases those requests had to be refused my area, that cane-cutters are a dying race. because of lack of finance. The essence of the Bill is to save time by I also undersl'and that in one mill area providing for a direct appeal to the Central in which the introduction of chopper­ Board. The farmer can set about purchasing harvesters was refused there were 59 requests the machine and the miller can set about for chopper-harvester machines. There was purchasing the bins nnw instead of waiting some delay, and two machines were u1t!imately another six months or until next season before allowed in the area. introducing the chopper-harvester. I feel I am qualified to speak about these machines There is no technical evidence to show that because I have operated them for three the mills that have greatly increased the seasons. This season I undertook contract percentage of chopper~harvested cane have chopper-harvesting as well. I can assure the suffered in either coefficient of work or sugar House of the economics of that means of quality. The matteT of sugar quality and harvesting to the industry, and to the grower deterioration of cane in the period between in particular. pre-harvesting burning and crushing has been adequately dealt with by the Director of the Most mills are favourably disposed to the Bureau of Sugar E:x>periment Stations, Mr. introduction of chopper-harvesting. But it is N. J. King, at page 3 of his 1966 annua.] understandable that some are having serious report This deterioration takes place not problems in financing the purchase of the bins. Some mills are completely opposed to only in cane harvested by chopper but in all the introduction of this method of harvesting. cane. The Director clearly indicates that this In the long run, however, the bins are paid for problem can be overcome by eliminating the by levying the farmers. During the recent week-end carry-ov.er of sugar-cane stocks. large expansion programme the mills spent This is an industrial and sociological in excess of $100,000,000 and now they are matter. Harvesting of sugar~cane by the asked to finance the purchase of these bins. chopper type of harvester is accepted by both The factor of economics affects both the millers and growers, and it is here to stay. milling and the growing sections of the It has many advantages; for example, the industry. elimination of the loss of cane between field Costs in both sections must be reduced. and mill. In the carrying of cane in bins, Queensland is the second-largest producer of there is no loss. There are also better average sugar in the world and, as we all know, we truck weights, reduction in tramway smashes, use white labour. TheDe is no doubt that better feeding of the mill carrier, and a cer­ this achievement has been brought about tainty that this type of harvester wHl harvest by mechanisation not only on the milling side all types of cane. but on the growing side as well. Next to It can no longer be said that the harvest­ America, Australia would ·be the most ing of sugar-cane by chopper-type harvesters machine-conscious country in this field, and is still experimental. It certainly is not; it there is no doUJbt that it is through the has passed that stage. The tonnages pre­ introduction of mechanisation, know-how, and sently being harvested by this method show the will to work and .get on with the job, that clearly that the system has become an we are today in a position to compete with integral part of the sugar industry. Clearly the outside world. the objective should be the elimination of The milling section, of course, in the main week-end carry-over 6f sugar cane, not the decides its own action in trying to contain retardation of this successful method of and reduce costs. I might say that those mills cane-harvesting that cane-growers are keen that refuse to allow the use of chopper­ to implement further. harvesters are denying the farming section of But for the use of chopper-harvesters, cane the sugar industry an innovation that con­ definitely would have been left in the field siderably reduces costs. The percentage of thi<> year. There would not have been cane harvested by chopper-harvesters in the enough men available in Queensland to cut Macknade, Victoria and Mulgrave areas in the very big crop. The choppers will har­ 1966 will be much higher than it was in vest any type of cane in any condition with 1965. I mention those areas because they one-third of the number of men who would include large mills. be needed to attend to machines of a similar This trend is very noticeable in a number size using the stalk-harvesting method. of other mill areas. It has been reported If sufficient labour had been available to that in the Mulgrave area, in which at the harvest the season's crop and the cutters had moment about 49 per cent. of the crop is agreed to harvest the thousands of tons of being harvested by chopper machine, it is standover cane in my district-there were intended in 1967 to increase greatly the per­ thousands and thousands of tons-- centage of cane cut by chopper-harvester. I Mr. Mann: How much? fee.J that the increase in the use of chopper­ hal1Vesters would .bi1we .been much more Mr. NEWBERY: I know of one man in marked in 1966 in many mill areas had the the district who used a chopper-harvester. It finance that I mentioned a few moments seemed likely that it would cost him between 2146 Regulation of Sugar Cane [ASSEMBLY] Prices Acts Amendment Bill

$3.50 and $4 a ton to harvest the standover I have taken out some figures to give an cane, and he could receive considerably indication of the volume of cane harvested less than that for it today. Using by chopper-harvesters. In the North Eton the chopper-harvester, it was possible to har­ mill area, the chopper harvested 202,000 vest it for $1.50 a ton to $2 a ton on rail. tons, or 85 per cent. of the total crop in that As I said, it would cost between $3.50 and area. At Macknade, a C.S.R. mill, the $4 a ton to harvest it manually, if the labour chopper harvested 478,000 tons, or 84 per had been available to cut it or would cut it. cent. of the total crop. Victoria harvested I mentioned deterioration earlier, but I 830,000 tons, or . 76 per cent.; Hambledon, wish to elaborate on that subject. another C.S.R. mtll, harvested 312,000 tons, Leuconostic virus, which is prevalent in the or 60 per cent.; Mulgrave 269,000 tons, or North, enters the end of the sticks. It occurs 48 per cent.; Babinda 189,000 tons, or 48·4 principally north of Townsville, and the per cent.; Goondi, another C.S.R. mill, restriction of week-end carry-over cane and 169,000 tons, or 45 per cent.; and Proserpine a minimum of delay between burning and 246,643 tons, or 38·5 per cent. crushing seems to be the answer to it. This Mr. Bennett: Tell us how many thousand has been made possible by the introduction tons have not been sold this season. of the harvesters, and breaks are being left in the paddocks so that the machines can Mr. NEWBERY: At present it appears enter them. I have not heard any complaints that the whole crop will be sold. in my area, or in any other area south of Townsville, about any great problems with Another example of the support for the the leuconostic virus, but problems do arise chopper-harvester is the fact that several in the wet area north of Townsville. Only years ago there was a transfer to Victoria on one week-end have I had experience of mill, a C.S.R. mill, of the cane known as the trouble which could have been leuconostic Ingham Line cane. I understand that one virus. It occurred in the variety Q57, of the conditions of the transfer of this cane which I think is very susceptible to it, and from the Ingham Line to Victoria mill was a very large quantity of that variety is that it would all be brought in to the mill by grown in North Queensland. chopper-harvesting methods. Before the introduction of the chopper­ There is a great demand throughout the harvester, the c.c.s. test on cane from my State for this type of harvester. Therefore farm was somewhat below the mill average. I give my complete support to this Bill and The chopper-harvester has been used for the l hope that farmers will be able to introduce last three years and the c.c.s. is now slightly this machine when they want it and will not above the mill average. That improvement have to wait six months for the approval of has been achieved by more regular burning the Central Sugar Cane Prices Board. and a short period between the burning and the milling. Cane is burnt during the day and Mr. LICKISS (Mt. Coot-tha) (8.9 p.m.): the chopper-harvested cane is crushed in the I wish to support this measure, as I know mill within a matter of hours. the industry has been asking that it be made The chopper-harvester is gtvmg better available to it for quite some time. Of results than we were getting before its intro­ course, most hon. members know that the duction. I feel that has been brought about Central Sugar Cane Prices Board was estab­ by more frequent burning, a shorter period lished to control the cost structure in the between the burn and the mill and much industry. The introduction of mechanical cleaner cane-the cane is completely free harvesters in the sugar industry further brings from dirt-and by much better topping into the field of primary production a trend because one has complete control of the that is now taking place in most other coun­ tries. This trend is towards an increase in harvester. primary production by capital ir"tcnsive and In Queensland this year there are 650 not by an increase in the labour force. The chopper-harvesters in the industry, and, as introduction of this mechanical harvester or the Minister has mentioned, they harvested the chopper-harvester as it has been referred somewhere in the vicinity of 5,200,000 tons to, is one more step towards the complete out of a total crop of 15,500,000. This mechanisation of the sugar industry. In its represents 3 5 per cent. of the total crop, train, apart from altering the cost structure compared with 9 · 1 per cent. for the stalk of the production of sugar from the pro­ harvester. ducer level to the customer level, it has the The importance of the introduction of this advantageous effect in sugar-growing areas Bill is that it will get these chopper machines of cutting down the recurring problem of into the hands of farmers and give them an seasonal unemployment, which has troubled opportunity to improve their economy in this most State Governments over the years. period of very low prices. It enables people to become more secure in their employment and it cuts out the Another very important factor that proves seasonal crisis of unemployment. It enables the popularity of these chopper-harvesting the sugar industry to become more stabilised. machines is that they represent a total expenditure in excess of $9,165,000 since first It has been said in many circles that the introduced in 1961. Just short of $10,000,000 mechanical chopper may not be the ultimate has been spent by the growers to improve the in the mechanical harvesting of cane. Like industry in this respect. any other innovation in an industry, it Regulation of Sugar Cane (1 DECEMBER] Prices Acts Amendment Bill 2147 brings problems with it. The hon. member I agree with this measure, as does the for Mirani mentioned disease. It has been Opposition generally. We know the diffi­ found in other countries that with the culties that arise in the industry as the result introduction of the mechanical harvester of this method of harvesting in that a there has been a tendency towards spreading chemical change takes place because the virus diseases, which have been spread from cane is cut into short pieces. I am not a farm to farm by the chopper-harvester. This, chemist, and I do not know the effects of again, is a matter that wiii concern the the chemical process. But from my under­ industry generaiiy. There is no doubt that the standing of it the mills do not like the industry has always been able to come out chemical change. If they find that as a on top and meet the problems that have result of the chemical change it is more faced it from time to time. Undoubtedly, difficult to produce first-class sugar, naturally this problem also wiii be overcome. they will object. I do not believe that millers The cost per unit to the individual should be able to dictate to growers and farmers wiii be quite considerable and, say, "You may use this form of transport," therefore, the present system of contract or "You may not use that form of transport." harvesting must be a boon to the smaller These things can be decided by appeal to the producers, who otherwise would have to Central Board. I should like the Minister depend on the more common method of in his reply to explain further his statement burning and harvesting by hand. about the time for appeal against the method We know that there have been many of harvesting. I think he said that the improvements in the handling of cane, cul­ appeal must be lodged in the December minating in the use of the mechanical har­ preceding the year of harvest. vester. We had the straight-out cutter; we had the blade that was used for topping; Mr. Row: That is for alteration of an we had end-loaders; and we had a combina­ existing set-up. The first appeal may be at tion of mechanical and physical means of any time at all. By mutual consent of both harvesting cane. parties an award may be varied. If one It has been felt that there could be some party wants to change the existing set-up it loss in the process of chopper-harvesting has to appeal by 31 December. because of the loss of juices; but there again only time will tell whether that is a problem Mr. BYRNE: I am satisfied so long as that can be overcome by the more sophisti­ the growers' interests are protected. cated machines that are used for this purpose. Mr. Row: They are fully protected. I support this legislation. I know that the industry has been interested in it for Mr. BYRNE: A very prominent sugar­ quite some time. I believe that the control miller's representative told me that he would or the power to effect the break-up of cost like to see every chopper-harvester and all within the industry should be vested in the the bins thrown into the nearest creek. Natur­ Central Sugar Cane Prices Board, as it ally he would say that if this method did not always has been. suit his interests. As the industry has invested such a lot of money in chopper­ Mr. BYRNE (Mourilyan) (8.14 p.m.): The harvesters, we must protect it. If it is in the Bill presently before the House deals princi­ pally with the matter of arbitration as growers' interests to harvest 100 per cent. between miller and grower in respect of the of the crop by the chopper method, let us chopper-harvesting of cane. The necessity enable them to do so. for this Bill evidently arises because of dis­ I take it that we must take into consider­ putes between millers and growers. It has been represented to the Government that ation the responsibility of the mills to produce legislation is necessary to overcome the diffi­ good-quality sugar. In the past mills have culty. We realise that there are three not done so, and we have paid the penalty methods of harvesting cane, namely, the from time to time. Instead of kicking up manual, long-stick method; mechanical har­ a row about chopper-harvesters we should vesting by the long-stick method, and ensure that the mills produce good-quality chopper-harvesting, which cuts the long sugar, even though the,ir profits may be stick into several pieces. Evidently the cost lessened by doing do. The mills are capable of bins for transporting the cane to the mill of producing it, and they should produce it. is so high that even a small percentage of chopper-harvested cane is making the mills Motion (Mr. Row) agreed to. somewhat concerned at having to bear the initial cost. COMMITTEE The hon. member for Mirani has said (The Chairman of Committees, Mr. Hooper, that the cane-growing industry has invested Greenslopes, in the chair) about $9,000,000 in chopper-harvesters. If one party does not desire cane to be har­ Clauses 1 to 3, both inclusive, and S(;hedule, vested by the chopper-harvesting method and as read, agreed to. lodges a successful appeal, a huge loss must be incurred. Bill reported, without amendment. 2148 Inspection of Machinery Acts [ASSEMBLY] and Another Act, &c., Bill

INSPECTlON OF MACHINBRY ACTS Mr. BROMLEY (Norman) (8.24 p.m.): I AND A:NOIHBR ACT AMENDMENT have studied the Bill. There are some >BliLL excellent clauses in it. When I read one of the early clauses an it I wondered whether by SECOND READING using escalators we were entering the jet age or the lazy age. The Bill also refers to Hon. J. D. HERBERT (Sherwood­ walkways which are coming into operation Minister for Labour and Tourism) (8.22 more and more throughout the world today. p.m.): I move- Perhaps we are indeed entering a lazier age. "That the Bill be now read a second time." The Bill appears to contain some improve­ ments. I feel that the Government and The reasons for this Bill were set out in employers and employees are becoming detail by me on its introduction, and briefly more safety conscious as the years go by. concern- In the past, many man hours have been The inclusion of a definition of lost through industrial accidents. Safety "escalator", as there is presently no refer­ conventions that have been held have been ence to this machine in the Act; of benefit in that they stressed the need for both employers and employees to be more A provision that males, as well as safety conscious. It is some years since females, with long hair working near the last one was held. I attended it, and machinery shall have their hair securely it was reasonably successful. fixed and confined; Mr. Herbert: It was last year. Legalising the practice whereby machinery inspectors, with a view to assisting industry, work outside normal Mr. BROMLEY: I thought it was some hours, for which owners are prepared to years ago. However, I attended it, and the pay the penalty fees involved; only thing that I thought was wrong with it was that union secretaries were not allowed The delegation of authority from the to take the chair at any stage. At the next Chief Inspector of Machinery to his conference, I think that some consideration inspectors in the various places concerning should be given to that procedure. Admit­ the production of motor vehicles for tedly some of them may have a lot to say, inspection; but they could put forward valuable sugges­ The following up of vehicle repairs in tions. I feel that there should be more such conventions in the interests of reducing the relation to motor vehicles which have been loss of man hours in industry. ordered in by the Police Department for inspection Previously, only the Police Although the Bill does not mention it, I could take follow-up action, but this think that once or twice a year, in conjunc­ amendment will enable the Chief Inspector tion with safety conventions, the Minister to take the requisite follow-up action to could arrange through the Government ensure that such repairs have been effected, Printer to have pamphlets on industrial and will simplify administration in this safety printed and sent for display on the regard; and job to people in various activities. We are Following the introduction of the Decen­ becoming more industrialised, and, as indus­ tralization of Magistrates Courts Acts of try increases, so will the number of indus­ 1965, action for the recovery of the fees trial accidents. Unfortunately many Aus­ may be taken in any Magistrates Court tralian workers think that an accident cannot District, irrespective of where the person happen to them, and consequently they are resides. Most of these are ex-parte pro­ inclined to take risks, but if the dangers ceedings and, in this regard, every person were brought clearly to their notice, they receives at least three reminder notices would be less disposed to take risks. Too before prosecution is commenced. often Australians take risks because they fear that if they do not they will be regarded A similar amendment in this regard is being as sissies. made to the Inspection of Scaffolding Acts. The Bill contains a provision concerning the So little regard do some workers have for facilitation of proof, which is already con­ danger that they are even inclined at times tained in many other Acts. not to use the safety devices that are pro­ vided. This is one aspect that has to be Lastly, but at least important if not the watched. I know of a young woman who most important, are provisions placing on lost part of her right hand through being owners on obligation to ensure that provisions careless. Although there was a safety guard dealing with the fencing of machinery, on the machine that she was operating, she and in relation to door-ways, floor did not use it. She lost most of her right openings. and so forth are com­ hand, but had some portion of her fingers plied with, without in any way removing the and we were able to make for her an arti­ obligation of the operator or attendant also ficial hand out of acrylic resin and colour it to ~amply with these provisJons. This pro­ so that it is hardlv noticeable as an artificial vision is similar to those contained in other hand. She was thus saved some embarrass­ Acts. ment, but her experience did not prevent her Inspection of Machinery Acts [1 DECEMBER] and Another Act, &c., Bill 2149

from returning to work and, until her Mr. R. Jones: Will the men have to wear employer told her to use the safety guard, hair-nets, too? running the same risk again. Mr. BROMLEY: Yes, if they wear their The Bill mentions driving belts and hair long. revolving shafts in transmission machinery. Not very long ago I visited a sawmill in I want to mention briefly the portion of which there was no guard on the revolv­ the Bill that deals with the inspection of ing belt. It was free-wheeling when an motor vehicles. This provision, which gives employee lifted up a piece of timber about police and inspectors the right to enter 15 ft. long, swung it round, and knocked the second-hand car sales yards, is long overdue. belt onto the revolving wheel. An employee We know they have had certain rights but was caught in the machinery, carried up we feel that many proprietors of these yards to the top of the belt, and injured severely. have no conscience whatever. They could The Bill receives a certain amount of appro­ not care less what sort of bombs they have in the yards or to whom they sell them. bation from hon. members on this side of All they are interested in is selling at a the Chamber because it contains provisions profit; they do not care whether somebody making the use of guards compulsory. is killed as a result. This is one ot the I believe that the number of machinery best aspects of the Bill. lt gives the right inspectors should be increased because the of entry to used-car sales yards at all times. operations of many firms are not being policed sufficiently at present. In growing industrial Another portion of the Bill on which I towns such as Gladstone, where a big raise a query is that dealing with special alumina plant and other industries are being inspections of machinery. I should like the established, two or three inspectors should Minister to state what will be charged for be appointed permanently. They should the services of the Public Service official who have authority to recommend that heavy has to make special inspections of machinery fines be imposed upon employers who do not at various places. stick strictly to the letter of the law. Mr. Herbert: The schedule sets out the The Opposition does not see anything very prices for the various services rendered. bad in the provisions of the Bill or anything Mr. BROMLEY: It is in the regulations? against which it can argue. The Minister dealt with mobile hoists and lifts. They Mr. Herbert: Yes, we have a schedule of create a certain amount of danger on the all the prices and a man knows immediately roads because they do not have a sufficiently what it will cost. large escort. Often the crane is so elongated Mr. BROMLEY: If a public servant has and sticks out so far that the machine has to go out and make a special inspection of only to hit a bump or two in the road and a machine at the request of the owner, it is the end of the crane almost hits the overhead only fair that the department should be wires. If it did hit, death or injury could recouped for the additional expenditure result. Although the Minister has provided incurred. I suppose the price for work per­ in the Bill that machinery of this type shall formed on Saturdays, Sundays and holidays be marked very conspicuously, I suggest that will be included in the schedule. some sort of siren or other warning device should be attached to it, not to annoy Mr. Herbert: It will allow for overtime people but to warn them of approaching work performed. We do not make a profit danger. on it. I am glad to see that the Bill provides that Mr. BROMLEY: No, I do not expect the females not under the age of 21 may take department to make a profit but I think it is charge of a steam-generating boiler not fair that it should be recouped for any exceeding 3 horse-power that is used for or extra payment it has to make to the inspec­ in connection with dairying on a dairy farm. tor for going out at those times. Similar provisions could be made in other fields, and I suggest to the Minister that I conclude by appealing to the Minister to do something about tractor accidents. there should be more equality between the There is nothing in the Bill relating to sexes in this sphere because more and more tractors although in several places it does women are taking their rightful place in cover all types of moving machinery, moti­ industry. vated by steam, water or other mechanical The Minister is giving females over the power. I take it therefore that I can refer age of 21 years equality with males in that to accidents with tractors. There are about respect; he is giving males equality with 100 people killed and approximately 8,000 females in the provisions of the Bill making injured each year in tractor accidents. Hav­ it compulsory for males to wear hair-nets if ing regard to those figures I think it is about they wear their hair very long. That is very time something was done to protect people necessary. Probably more and more from themselves. I do not want to deal females working alongside males in industry with the matter at length, but I ask the will wear slacks, which will make it very Minister to find ways and means of intro­ difficult for even the most keen-eyed bird ducing legislation similar to that introduced watcher to tell whether he is looking at a in New Zealand and England to protect male or rr female. tractor drivers against themselves. 2150 Inspection of Machinery Acts [ASSEMBLY] and Another Act, &c., Bill

Mr. SPEAKER: Order! I do not want the collision, the material carried on the truck hon. member to develop that line. is dislodged and causes injury to the work­ men travelling in the rear of the truck. Mr. BROMLEY: I did not think you I take this opportunity of suggesting to would allow me to develop it for too long, the Minister that be could well have a look Mr. Speaker. In view of the fact that it is at this problem. It occurs right throughout getting near the festive season, I will take the State, particularly in the local authority notice of what you say. Even if it was not field. I think he should see whether some close to the festive season I would have to provision could be laid down that a vehicle obey you, but I think I am being good to coming under the Inspection of Machinery the House by speaking for only a few min­ Act must conform to certain standards, to utes when the Standing Orders allow me to guarantee the safety of the men who travel speak for 40 minutes. It is a tragic state of in it. affairs, and I think the Minister could well Hon. J. D. HERBERT (Sherwood­ have a look at it. Minister for Labour and Tourism) (8.45 p.m.), in reply: It is obvious that this Bill has the Mr. SMITH (Windsor) (8.40 p.m.): When support of the House. Very briefly in reply dealing with the recovery of fees the Minister to the hon. member for Norman on the referred to the Decentralization of Magis­ subject of union secretaries taking the chair trates Courts Act, and said that the fees so at safety conventions, I point out that the payable could be recovered in any Magis­ arrangements for these conventions are in the trates Court district irrespective of where the hands of a planning committee. Politics do person resided. With all respect, the right not enter into it. This is where we get real is not quite as wide as the Minister's remark co-operation be-tween management and labour would suggest because, whilst an action can principally because benefits are derived by certainly be brought in Brisbane by virtue both parties. It would be quite acceptable of the Act, as far as proceedings outside for a union secretary to be in the chair Brisbane are concerned, they would be at a convention. There would be no limited, I would suggest, to the district in particular reason for it. As a matter of fact, which the person resides or the district within I cannot remember all the chairmen who which, or within 20 miles of which, any such have been appointed. It has been arranged inspection or service was rendered. That by the planning committee and, as the hon. appears in section 67, which replaces the old member said, the conventions are particularly section 67. effective. In relation to employees' knowledge of Mr. SHERRINGTON (Salisbury) (8.41 industrial safety, the department, through the p.m.): The Bill provides for the inspection of educational section of the Djvision of machinery outside normal working hours, the Occupational Safety, provides training courses payment of certain fees, and the recoupment for supervisors and foremen, and conducts of expenses incurred by machinery inspectors. film seminars for employees. We have had It would seem from experience in this matter maximum co-operation on this matter, that this type of machinery inspection is often particularly in recent times. carried out in many local authority areas on vehicles that are used mainly during the week Mr. Bromley: We saw a good film here for the carriage of men and material to on one occasion. electricity line construction sites. The system Mr. HERBERT: Yes. There are some very has been that the department by arrange­ good films and the officers do an excellent ment with the local authority or the com­ job. pany, has made mass inspections of vehicles The prescnptwn concerning females on the week-end. I have no quarrel with attending boilers exists in States other than this arrangement, but it does lead to the Queensland. We are not alone there. suggestion that the Act could have been strengthened greatly by some provision The comments of the hon. member for covering the type of vehicle that I mentioned. Salisbury and the comments about tractors Many of these vehicles are used for the do not come within the ambit of the second­ carriage of both men and materials, and over reading stage, although their importance is the years quite a few accidents have occurred realised. when material on the trucks has shifted. The I thank the hon. member for Windsor for Electrical Trades Union has complained his legal interpretation of my very wide about the fact that there is no provision description of the powers contained in the whatsoever in any Act that gives a machinery relevant provision of the Bill. inspector the right to see that vehicles used Motion (Mr. He'l.'bert) agreed to. for the carriage of men and machinery are constructed to certain standards of safety, COMMITTEE to prevent injury to men travelling in these (The Chairman of Committees, Mr. Hooper, vehicles. I have worked with this class of Greenslopes, in the chair) workman over the years, and I know that on most journeys the vehicles carry boxes of Clauses 1 to 16, both inclusive, as read, insulators and drums of cables and so on. agreed to. With sudden braking or swerving to avoid a Bill reported, without amendment. Police (Photographs) Bill (1 DECEMBER] Police (Photographs) Bill 2151

POLICE (PHOTOGRAPHS) BFLL Mr. Smith: That is all you are paying for under clause 3 (2). SECOND READING Mr. BENNETT: I do not see why we Hon. J. C. A. PIZZEY (Isis-Minister for should have to pay anything. We do not Education) (8.48 p.m.): I move- pay for a copy of the depositions. If the "That the Bill be now read a second hon. member for Windsor will listen to time." me, I sh~~l explai~ what I mean. A copy of depos1t10ns, wh1ch run into 300 or 400 There. is only on~ very simple principle in pages, costs something because a good deal the B1ll. It deals wrth the supplying of certain of paper and carbon are used. photographs and the right of the department supplying them to make a charge for them. Mr. Smith: They are done at the one time. Mr. BENNETT (South Brisbane) (8.49 Mr. BENNETT: . So are these photographs p.m.): As the Min~ster has said, the Bill done at the one time. It is ridiculous to mvolves only one prinCiple, and it is not a very sa.l:' that because the proof has to be used big one. When the notice first appeared on the tw1ce. and two sheets of paper have to be Business Paper I thought we were to have put 1~to the liquid, it is not done at the something interesting in relation to amend­ one t1me. ments in Police Force administration con­ Mr. Pizzey: It costs $1 to do that. cerning photography. I concede that the proposal contained in the Mr. BENNETT: I admit that the charge is Bill is important. When introducin<> the not great, but I cannot see why the Crown measure the Minister said that the p~esent shoul~ be so paltry-! do not know whether practice was for photographs to be made that 1s an unparliamentary expression-or available to people on request, or on demand. so lousy. That is the point I am making. I The Minister did not say what happened if concede that the charge is not great. Therefore I do not see why we should be ~hey refused or failed to pay the charge humbugged about by appointing the Commis­ Imposed. If tha:t practice existed at all it sioner of Police to fix the charges. Not certainly was not a general practice. In the only do . we have to ~x the charge by way field of criminal law, photogra:phs were of pu?hshed regulatiOn, which will cost never made available to defence counsel somethmg, but there must be staff to receive except at the Bar table, and they were the m~ney and issue receipts, and the jealously and car-efully guarded so that accountmg costs will be so great that even defence counsel could not take them off the a small charge is not justified. Bar table either before or after they were tendered. In the field of criminal law, I Mr. Smith: It depends how many you have never known the Crown or the Police get. Department to make copies of photographs Mr. BENNETT: They are in the same available at any time. Admittedly it could position as depositions. have happened in certain circumstances or in isolated cases, but it was not a practice by In introducing the Bill the Minister also any means. said that copies of exhibits would have to be paid for. That is not entirely correct. Mr. Pizzey: Only when requested. Defence counsel is entitled to a copy, at no charge, of a confession or written state­ Mr. BENNETT: Even when requested they ment made by an accused, and in fact defence were not made available. Defence counsel counsel have been getting such a copy free would be shown a copy, but not given one. over the years. In addition, he is entitled So the proposal to make them available to to a photostat copy of any other documents defence counsel and other legal men at that are tendered. a cost, is an improvement on the pr~sent position. Mr. Pizzey: This deals only with police We should provide the same system with photographs that are tendered. the supply of photographs as we do with Mr. BENNETT: I realise that. I shall the supply of depositions. A man is entitled deal with that point, too. I can see the to a fair trial, and he is given a copy of advantage. But seeing that the Government the depositions without charge. The Bar is prepared to be magnanimous enough to Association was informed recently that in improve the position, I do not see why it future, subject to the direction of the trial could not be more grandiose and more judge, a copy of the transcript in criminal big-hearted rather than impose some petty, trials will be made available. That is also trivial restrictions. an improvement and should have been in force long ago. The Minister said that the entitlement While this proposal is an advantage, for extends only to photographs tendered by the life of me I cannot see why any charge the prosecution. Why should there be this should be imposed for the provision of a limitation? If the investigating detective copy photograph the negative of which has considers it necessary to have photographs to be paid for by the Police Department or taken, he must consider them as of some the Crown Law Office. All we are getting relevance and importance. If the prosecuting is a copy of the original. authority, whether he be a police sergeant 2152 Police (Photographs) Bill [ASSEMBLY] Police (Photographs) Bill

or Crown Law officer, does not use photo­ The Minister said quite purposely, and no graphs that the investigating detective con­ doubt in his opinion quite truthfully, that siders relevant, that is no reason why defence there is no intention on his part or the counsel should not be entitled to them. I Government's part to make these photographs can only conclude that the intention is to available to the Press. Of course, I share see that photographs that may embarrass with him the wisdom of that decision. He the police or the Crown case will not be pro­ also went on to say that in the past these duced in evidence and therefore will not be photographs, as far as he knows, have never available to defence counsel. been made available to the Press. Again I do not doubt that he fully believes the truth I think that is quite wrong. I feel that the of his assertion. police and the Crown have only one obliga­ tion under the criminal law, and that is to do Mr. Pizzey: Information from your their best to put before the court the full Caucus is not supposed to go to the Press, and true story. If portion of the evidence but it sometimes gets through. available to the Crown does not assist the Mr. BENNETI: That is quite true. It is Crown case but in fact assists the defence, probably equally true that the report that the Crown still has the obligation to produce appeared in the Press that Mr. Bjelke-Peter­ all relevant evidence to the court. I can see sen was going to beat the Minister for no reason why only the photographs selected Education for the leadership of the Country by the police and the Crown as relevant Party was a leak from the Caucus that the should be made available to defence counsel. Minister did not give the Press. I think it is only logical and fair to say that if photographs were taken somebody must Obviou·sly it is true to say that some police have considered them relevant and, if they do make photographs available to the Press. are relevant, defence counsel should be There was a blatant breach of this rule of entitled to their use if he also thinks they are confidence when there appeared on the front relevant. page of a certain newspaper, covering the whole of the front page, a photograph of Mr. Smith: You think that as the whole of Detective Glen Hallahan arresting somebody the conversation goes in, so all the photo­ from a nudist colony who was clad in his graphs should go in? nudist uniform. It is quite clear that the Press should not have had any knowledge Mr. BENNETI: That is a stupid inter­ of that proposed raid, because there is an jection. The hon. member is called obligation on the police not to advise anyone "Morphia" at the Bar. I did not know why of their intentions, particularly in the investi­ till I referred to my medical dictionary and gation of crime. The reasons for that are found that the meaning of "morphia" is "a obvious. If the police were carrying out slow-working dope". their duties and were loyal to their trust, the Press could not possibly have been at Mr. SPEAKER: Order! The hon member that nudist colony when Detective Glen will withdraw that remark. Hallahan made his spectacular raid and arrest. How did that photograph get on the Mr. BENNETI: I do so. front page of the newspaper? It is per­ fectly obvious that it was given to the Press, Mr. Pizzey: Do you want a copy of that not necessarily by the police photographer in "Hansard"? who took it but by some person in authority in the Police Force. Mr. BENNETI: Yes, I should like it to be in "Hansard". Mr. Smith: How do you know that? Anyone with any common sense, lawyer Mr. BENNETI: How do I know? I would or not, would know that my claim is that at least be entitled to have a strong sus­ all photographs taken should be made avail­ picion-- able to defence counsel. I do not say that Mr. Smith: Well, you don't know-is that they must necessarily be tendered in court. the position? The Crown should make available to defence counsel all the evidence at its disposal. Mr. BENNETT: It is no wonder that the Although I am not suggesting for a moment hon. member practises only in the civil that inadmissible or irrelevant evidence courts. His powers of cross-examination should be tendered, defence counsel should are very limited, on the evidence that the be the one to determine, on behalf of the House has before it. It would be a clear person he represents, whether he wants that logical and legal inference who gave the evidence tendered. If he thinks it is rele­ photograph to the Press, because the same vant, it will eventually be for the judge, Detective Hallahan, who is being transferred magistrate or other presiding authority to from Townsville to Brisbane, has already determine its admissibility in law. I merely been declared by the Full Court to have claim that the photographs should be made committed the heinous offence of fraud on available. I am not suggesting that there the court. should be any alteration to the rules of In dealing with photographs, I suggest evidence; I think that is perfectly clear to that the Crown should not tender, or attempt the ordinary intelligent man. to tender, any coloured photographs as Police (Photographs) Bill [J DECEMBER] Police (Photographs) Bill 2153

evidence in criminal courts. I am in prosecuting authority in acquiring evidence favour of coloured photographs being against him. As I say, I agree with that used for scientific investigation or for analy­ principle and proposal contained in the Bill. tical purposes; but to place before a jury coloured photographs that do not truly In the past we introduced a proposal into depict and represent the actual scene at the this Parliament to insist on police reports time or its coloration would only inflame being made available at a charge and, in the minds of the jurymen. Fortunately, the main, that decision has been honoured most judges will not allow coloured photo­ by the Police Department. However, there graphs to be tendered by the Crown, but have been occasions when for various there have been occasions in the past when reasons, defence lawyers have found it such photographs have been admitted. The extremely difficult to obtain these reports. Government should see that there is fair play and insist that neither the Crown nor Mr. SPEAKER: Order! The Bill does not the police use colomed photog;raphs as deal with police reports. evidence in court. Mr. BENNETT: The analogy I wish to I do not think coloured photographs draw is that I hope these photographs will should be produced in civil actions, either. be made available on all occasions and that The police are not involved in civil actions, they will not be withheld on certain occa­ other than, perhaps, as subpoenaed witnesses, sions when perhaps some individual in the when special and specific arrangements have prosecuting section of the Police Department to be made for their presence, and I sup­ or the Crown Law Office considers it is to port the proposal in the Bill that a party his advantage to withhold them. That is to a civil action who wishes to use as the only point I am making. I think the evidence photographs taken by the police Crown is entitled, if there is a possible should pay for them. I think it is only charge against the department, to see that right and proper that they should do so photographs are not made available, but if in those circumstances. there is no suggestion of any charge against the department or any individual in it there Of course, it could be suggested that a should be no hesitation at any time in mak­ whole scene could be distorted by trick ing available not only the photographs that photography. That is only too true, but I have been tendered in court but all photo­ have never heard it suggested, nor have I graphs that have been taken, which obviously ever found in my personal experience, that must be relevant. photographs used by the police have been other than correct and truly depict the I feel that the Minister can be content scene, except, as I say, in relation to col­ that the Bill is an improvement. It is a pity oured photographs, which on occasions are that he adopted such a cheese-paring attitude titivated to play on the feelings and senti­ towards the cost of making photographs ments of a jury. available. Admittedly the charge is not great, but the work involved in collecting Mr. Smith: How do you suggest they are it will cost more than it is worth. titivated? Hon. J. C. A. PIZZEY (Isis-Minister for Mr. BENNETT: They are titivated just as Education) (9.10 p.m.), in reply: The hon. I believe the colour of the hon. member member for South Brisbane took a long for Windsor's hair to be titivated. If he was time to tell us that he agreed with the Bill. "fair dinkum" he would have a few grey I hope that anyone who engages him pays hairs by now. And I notice he has got rid him contract rates rather than hourly or of his moustache. daily rates. There is only one point on In the field of photographic work in the which he differed from me, and that was Police Force, I think there has been a high whether we should or should not make a standard of efficiency and certainly a high charge for photographs. I would say that standard of integrity. That high standard if it was found that the cost of the clerical was set by the man who trained, without work involved in collecting a fee approached exception, every police photographer at anywhere near half, or even a quarter, of present in the Police Force-Sergeant O'Shea the fee we would say, "Do not charge it." -and I think it was rather unfortunate that The Commissioner has a discretionary he was squeezed out of the force by the power. Let us find out if it does cost what Commissioner's activities. the hon. member says it will. I hope that in future these police photo­ Motion (Mr. Pizzey) agreed to. graphs will be made available without ques­ tion or query. There is a provision in the COMMITTEE Bill to the effect that they cannot and will not be made available if any action against (The Chairman of Committees. Mr. Hooper, the policeman or police authority is antici­ Greenslopes, in the chair) pated. With that proposal I am in accord. Clauses 1 to 4, both inclusive, as read, I do not see why, if a policeman is going agreed to. to be on the wrong end of a possible prose­ cution charge, he should have to assist the Bill reported, without amendment. 2154 Rabbit Acts [ASSEMBLY] Amendment Bill

RABBIT ACTS AMENDMENT BILL Government has decided to ensure that at least two members of the existing board will SECOND READING be retained on that board. Hon. A. R. FLETCHER (Cunningham­ Under the Bill, one of the Government's Minister for Lands) (9.12 p.m.): I move- representatives will represent the Darling Downs Division and the other the Moreton "That the Bill be now read a second Division. The other three board members time." will be nominated by the local authorities, This is not a very long or very complicated which are free to nominate local-authority Bill, and I will not delay the House with a members or, if they so wish, an existing complicated speech. member of the board qualified to represent the particular division of the district. The During the introduction of this Bill I set Bill therefore streamlines the constitution of out carefully to give a detailed outline of the board and will provide a board that will its provisions, and I feel that there is little be representative of the landholders and the I can add to assist the House on the details local authorities in the district. It will of the Bill. retain to the board the experience and To reiterate, in brief, the purpose of the efficiency that has been built up over a Bill is to provide a new basis of constitution number of years. of the Darling Downs-Moreton Rabbit The Bill provides that members of the Board. Under the present Act members of board will hold office for three years. To that board are elected by the vote of owners be qualified to represent a division of the and property-managers of rateable holdings district, a member must be a resident of the situated within the district. This method division and must be the owner of a holding of constitution was largely based on the old rateable under the Act in that division. The system of fund-raising whereby the board Bill also converts to decimal currency equiv­ secured its finance by levying directly a alents all references in the Rabbit Acts to rabbit tax upon landholders. £ s. d. Today, the board secures its finance from I think I should place on record that the a Central Rabbit Control Fund established board members are- in the Treasury. This fund is financed by William Alexander Raff, chairman; precepting local authorities in the board dis­ William Ray Drynan, deputy chairman; trict as well as in the rabbit-control area. As the responsibility for fund-raising now Donald Scott Bligh; rests with local authorities, it is considered Andrew Frederick McWilliam; that local authorities should have direct Arthur Edward Paul Mort; and the representation on the board if they so wish Land Commissioner for the time being in order that they might play a direct part in Toowoomba. in the board's administration. I think I should also place on record our The Bill does away with the necessity of appreciation of the services rendered by these holding elections of the members of the men. It is fitting that we should place in board. In view of the relatively small annual the records of Parliament our sentiments budget of the board and the small degree of towards some of these men who give willingly interest demonstrated by landholders during and freely-in the double sense, in that they previous years, this action is warranted and are not paid for it-and convey to them the will relieve the board of an unnecessary appreciation of the Government for their expenditure of some significance, considering service to the community. These gentlemen the size of its income. are responsible primary producers. They realise the need for rabbit control, and are The Bill provides that the membership of willing to do something about it and make the new board will consist of six members, contributions from their own resources. They as before, one of whom will continue to be have devoted years of their time and energy the Land Commissioner, Toowoomba. to this public service. 'I thank them per­ The Bill proposes that future boards will sonally, for I know how much they have be constituted by appointment. Two mem­ done and how well they have done it. bers will be appointed by the Government. Mr. O'DONNELL (Barcoo) (9.18 p.m.): I The other three members will be appointed endorse the remarks of the Minister in by nomination of the local authorities situ­ appreciation of the services of the members ated within the rabbit board district. Two of the Rabbit Board who have devoted them­ of the three local authority representatives selves not only to the interests of their own will be nominated by the local authorities district but also to the interests of the State. situated in the Darling Downs Division. The As the Minister has said, throughout the other local-authority representative will be length and breadth of Queensland there are nominated by the local authorities within the many self-sacrificing people who put the Moreton Division. public interest before their own. It is In view of the fact that the existing board undoubtedly right and proper that the has discharged its duties and responsibilities Minister, and the Opposition, should place very effectively and has acquired consider­ on record their appreciation of the services able experience in rabbit control, the rendered. Rabbit Acts [1 DECEMBER] Amendment Bill 2155

I sincerely hope that under the new set-up Let me return to decimal currency. When to be established under the measure we may the previous Treasurer introduced the Deci­ retain in 1967 the services of most of these mal Currency Bill last year I gathered from gentlemen who have done such a wonderful his remarks that much of this conversion job in the past. I am sure that the Minister work would be obviated. He said- in his wisdom will promote their interests and "The Bill provides that- ensure that their services are retained. (1) In State Acts and statutory instru­ This is a somewhat unusual Bill at this ments, such as regulations, orders in time of the year in that approaching council, by-laws, ordinances and the Chrismas, as we are, we should almost com­ like, all references to money in existing plete the session with the Easter Bunny. currency are to be construed as refer­ ences to corresponding amounts in the This is a most important measure, as the new currency calculated on the 'exact control of the rabbit pest is of immense equivalents' basis, which is the basis importance to primary producers. As a con­ laid down for conversion in the Com­ sequence, the Bill is of extreme value to the monwealth legislation. Under it the State as a whole. It will increase production, conversion is made by precise mathe­ which will be of benefit to our overseas matical calculation, even if it results in markets as well as our local markets. fractional figures-for example, one All in all, this pest must be controlled. penny becomes five-sixths of a cent; and Because only a small budget of $80,000 is (2) Where the 'exact equivalent' con­ involved, some people might think that the version will be inappropriate or imprac­ activities are not so great. Although the ticable-as it is in cases of some duties board has not been 100 per cent. effective, and taxes, especially those denoted by its work has been very effective. It is con­ stamps-the conversion is made to stant warfare. Rabbits were introduced long manageable amounts. These exceptions ago and showed such tremendous promis­ to the general rule are specifically pro­ cuity that they are a menace ai present. It vided for in the two schedules to the may interest the House to know that a half­ Bill." grown species was caught at Bluff, in the When I heard that statement by the former centre of Queensland. That indicates that Treasurer, I thought, "This will simplify the rabbit is constantly on the march. many amendments," such as those dealing with Rabbit Control Board receipts, receipts The method of appointment of board from penalties, duties of owners, and so on. members is of economic value because it I thought they would automatically be will eliminate the costly preparation of rolls, changed from pounds, shillings and pence to the cost of appointing returning officers, and their decimal currency equivalents. That is the cost of conducting a postal ballot. That why when I saw some of the provisions of money will be better used in the pursuit of this Bill I thought they were a sheer waste Brer Rabbit. It is important to realise that of time. However, when I looked at the some people who have a casual look at what is going on when these matters are published schedule to the Decimal Currency Act I in the Press might think that this is only a found that there was in it only one reference measure for the time being because we have to the Rabbit Act. It reads- gone through a drought and need to econo­ "Section twenty-six is amended in sub­ mise in certain directions. This type of section (2) by omitting the words 'one half appointment is here to stay until this Parlia­ penny in the pound' and inserting in their ment determines otherwise. What has been stead the words 'one quarter of a cent in said about the appointment of officers to the dollar'." this board-two from the Darling Downs area, one from Moreton, and the ministerial This is one aspect of the conversion to appointment of one representative from each decimal currency that has annoyed us. When district-must be considered fair by hon. a penny becomes a cent, there is an increase members. I do not think we could criticise of 20 per cent. I know that is the maximum it in any way. I have studied all the clauses rate that can be charged. Decimal currency in the Bill and it is important to stress that was introduced because of its facile opera­ this new method of appointment will exist tion and, if the nearest equivalents are to be until we legislate otherwise. taken, it is just as easy to take · 21 as · 25. This is my one point of criticism in the The Bill then deals with the qualification conversion programme, and I know that of members and disqualification from there has been considerable feeling about it appointment. Then follow some amendments throughout the country. When a penny converting amounts to decimal currency. becomes a cent and a quarter of a penny a quarter of a cent, an increase of 20 per The asides passed by some hon. members cent. is imposed. indicate that this subject is causing a great deal of amusement in the House. For the I know that the control of rabbits is an benefit of those hon. members, I tell the important project. The Act provides that House that in Great Britain efforts are being the maximum rate is a half-penny in the made to produce bigger and better rabbits. pound, and I appreciate that the rate may We do not want bigger and better rabbits not be as high as that. However, why in this country. should the Government, by converting this 2156 Medical Acts [ASSEMBLY] Amendment Bill

rate to · 25 of a cent in the dollar, impose It is not intended to commence renal an increase of 20 per cent.? It is not neces­ transplantation at Princess Alexandra Hospital sary, and I do not think the Minister's in the immediate future, because the advisers did a good job in their approach to experience at other clinics must still be the whole question. I cannot see that · 25 observed and adequate facilities provided. of a cent is any easier to manage than · 21. Experiments have been undertaken also In dealing with the rabbit pest, there has in regard to the transplantation of the liver to be an efficient organisation, and it is and heart in animals, but so far without pleasing to know that on the Rabbit Control success. Heart valves, however, have been Board are people who are dedicated to their transplanted from pig's heart to human work on behalf of primary producers. They heart, and one of the leaders of this work in Australia is Dr. M. F. O'Brien, who will are consequently of great value not only to take up duty in January as cardiac surgeon those in the districts in which they operate to the Chermside Cardiac Unit. but also to the State and the nation because their aim is to increase productivity and Other provisions of the Bill that I explained therefore national wealth. This is, after all, at the introductory stage relate to the regis­ what we seek to achieve in order to make tration of distinguished overseas doctors who our nation prosperous. have been invited to Queensland for the purpose of teaching or research (the amend­ I agree with the Minister that the Bill is a ment will facilitate their registration); the good one, and I sincerely hope that the new use of titles that might be misleading to constitution of the board will be to the the public; the registration of specialists; satisfaction of all concerned. and the allowing of a person other than a medical practitioner to display X-ray Motion (Mr. Fletcher) agreed to. equipment provided he is a person who is entitled to use such equipment under the COMMITTEE Radioactive Substances Act of 1958 or any amendment thereof. The remaining amend­ (The Chairman of Committees, Mr. Hooper, ments refer to penalties or are of a machinery Greenslopes, in the chair) nature. Clauses 1 to 15, both inclusive, as read, I have nothing further to add at this agreed to. stage to what I have already said, and I commend the Bill for the consideration nf Bill reported, without amendment. the House.

MEDICAL ACTS AMENDMENT BILL Mr. MELLOY (Nudgee) (9.35 p.m.): Opposition members have considered the SECOND READING clauses in this Bill and feel that there is much to be said in favour of it. We do not Hon. S. D. TOOTH (Ashgrove-Minister intend at this stage to debate it but there are for Health) (9.32 p.m.): I move- some clauses on which we will reserve our "That the Bill be now read a second comment until the Committee stage. time." Motion 0Mr. Tooth) agreed to. In the debate at the introductory stage I set out details of the Bill, and I was pleased COMMITTEE to hear the expressions of support from hon. (The Chairman of Committees, Mr. Hooper, members generally. Greenslopes, in the chair) Medical science has progressed rapidly Clauses 1 to 12, both inclusive, as read, since the war. In 1955, when the Medical agreed to. Act was amended to provide for removal Clause 13-Amendments to s. 47; of eyes from a deceased person for the Prohibited practices- purpose of alleviating blindness, little was known about the transplantation of other Mr. MELLOY (Nudgee) (9.37 p.m.): oraans. In the last few years, experimental Clause 13 relates to the dtisplay of various re;earch has been carried out into trans­ instruments used in connection with medicine, plantation of kidneys in animals. It can including X-ray apparatus. It provides that no longer be said to be experimental in no person shall ho.Jd himself out as a medical the true sense of the word. The factors practitioner unless he is a person who, in required for the success of transplantation the case of display or exhibit only of such are known, and this operation is being an instrument or apparatus, doeiS so only undertaken in some centres on patients for the purpose of acting or, in a.ny other case, suffering from chronic renal failure. These is acting solely under the supervision and operations have not been carried out for instruction or upon the request of a medical a sufficiently long time for the results to be finally assessed, but I am informed that practitioner or, in the case of an X-ray in experienced clinics there is a survival rate apparatus, he is a person who, under the at the end of one year of 60 to 70 per cent. Radioactive Substances Act of 1958, is law­ in the case of close family donors and 33 per fully entitled to use the same. cent. in the case of unrelated donors. The I should like to ask the Minister what the type of case chosen for operation is one position is in relation to denl!ilsts who use for whom nothing else can be done. X-rays. Are they covered by the Radioactive Health Acts [1 DECEMBER] Amendment Bill 2157

Substances Act of 1958? If not, I think the I outlined the purposes of the Bill in my Minister must look at this because X-rays introductory remarks. are used rather extensively today and there appears to be no qualification for It is interesting to note the history of the for dentis1s in their use. The Ulsual dental control of poisons in this State. Prior to surgery is not set up with any protective 19 31 the control of dangerous drugs was apparatus in the use of X-rays and in many provided for in the Poisons Regulations. The cases accordting to the strength of the X-ray Health Act was amended in that year by the inclusion of a section listing the dangerous machine, the dentist's attendant could come drugs and providing basically the same under the influence of the X-rays. The powers for control as those existing today; attendants are present time after time when that is, a member of the Police Force may X-rays of the mouth are being taken and detain, search and arrest without warrant would be subject to the effect of the rays. any person who is suspected of breaching the I do not know whether dentists are covered section of the Health Act referring to by the Radioactive Substances Act of 1958. dangerous drugs, and may search any Mr. Tooth: "J1hey are covered by that Act; premises, vehicle or place. The Act of that there is special reference to dent~sts. time provided that if a person was to be searched, it must take place at a police Mr. MELLOY: Is there any special pro­ station in the presence of a justice of the vi'Siion to cover the work of dentists using peace. X-rays? I do not know that aH of them would be aware of the fact that they are The Health Act was consolidated in 1937, covered by the Radioactive Substances Act. and in 1939 the Government of the day APe there any special precautions that have to repealed that portion referring to the search­ be taken, because I know that in many ing of a person at a police station in the presence of a justice of the peace. This was dentists' surgeries no precautions at all are due no doubt to the fact that there would taken in the use of X-rays. 'I realise that the be no trouble in disposing of incriminating effe.ct is only minor with X-rays of the mouth, evidence while being taken to a police station but as more knowledge is becoming available if the person arrested was some 30 to 40 daily about the effects of X-rays on some miles therefrom and if the journey had to people, there should be· some tightening up be undertaken at night. of the conditions under which X-rays are used in dental surgeries. Mr. Bennett: That is an indictment against the police. In other words, the sus­ Hon. S. D. TOOTH (Ashgrove-Minister pect got rid of the booty while he was in for Health) (9.40 p.m.): Very briefly in reply custody. to the hon. member for Nudgee, the Radio­ active Substances Act of 1958 provides for Mr. TOOTH: It is not an indictment the use of irradiating apparatus by people against the police when one considers the who are registered as medical practitioners minute size of the container in which a very and people who are registered as dentists. potent dose of a dangerous drug can be I am both surprised and disturbed at the carried. This is the whole point of the suggestion by the hon. member that practising legislation. This is why the whole problem dentists are not aware of the need for caution is so difficult. This is why agencies for the and for proper care in the use of irradiating control of drugs have been set up, formerly apparatus. I shall certainly have the matter by the League of Nations and now by the looked at. United Nations Organisation. This is why I do not think the hon. member's anxieties we . are a!l fighting such a desperate battle in this matter are well founded. Nevertheless, agamst this form of enslavement. It is worse he is a responsible member of this House, than anything else that has ever been seen he has been associated with dentistry in the in this field. This is known to the police. past, and therefore he is probably in a For the information of the hon. member for position to know something about this matter. South Brisbane, the point I am making was As I say, I am disturbed at his suggestion made very forcibly by a former Minister that there are dentists practising their pro­ for Health, the late Hon. E. M. Hanlon, fession and using X-rays who are unaware of when he moved an amendment to the Act. the dangers involved and of the necessity The amendment of 1939 allowed a person for care. I will have a look at this problem to be searched immediately wherever he was that he poses. arrested. Clause 13, as read, agreed to. The section listing the dangerous drugs Clauses 14 to 20, both inclusive, as read, was later deleted from the Health Act and agreed to. included in the Regulations because new Bill reported, without amendment. drugs discovered became so numerous that it was not practicable to amend the Act on HEALTH ACTS AMENDMENT BILL each occasion. SECOND READING Mr. Davies: When was it deleted? Hon. S. D. TOOTH (Ashgrove-Minister Mr. TOOTH: I think it was in 1945. It for Health) (9.43 p.m.): I move- had to be done because the list was continua­ "That the Bill be now read a second ally becoming obsolete due to the discovery of time." new drugs and the development of new forms 2158 Health Acts [ASSEMBLY] Amendment Bill

of the old drugs. For that reason it was The Minister says that the forces of law ultimately necessary to delete them from the today are fighting a desperate battle against Act and include them in the Regulations. this infamous drug trade. There is also a necessity to fight a desperate battle to The amendment will allow drugs to be maintain the rights of the owner of a declared by the Governor in Council as dwelling. Even in these circumstances it is dangerous drugs for the purposes of this not right for anybody to enter a dwelling or section of the Act, and the penalties that place of abode without the permission of apply to dangerous drugs will apply to these the owner. declared drugs. I commend the Bill for the consideration The Bill does not say that the owner of the of the House. dwelling is to be present when the member of the Police Force opens any room, package Mr. DAVIES (Maryborough) (9.48 p.m.): or container. He can use any such means as The Opposition has studied this Bill very is deemed necessary, so that a door can be carefully. We agree that it is a very important bashed in and windows broken. I believe that measure, and we are very pleased at this 98 per cent. of police officers would carry out attempt to control the traffic in dangerous their responsibilities in a proper way, but we drugs. The Bill contains three clauses and, must protect the owners against the other as our objections relate to one clause only, 2 per cent. One can imagine the destruction, we will reserve comment until the Committee inconvenience and upset that can be caused, stage. particularly if only the wife is at home. She would be distressed at the sight of a police Motion (Mr. Tooth) agreed to. officer searching through her private posses­ sions, particularly since there would be no COMMITTEE definite charge and the officer 'would be (The Chairman of Committees, Mr. Hooper, acting only on supposition. Greenslopes, in the chair) It has been said before that it is the Clause 1, as read, agreed to. duty of the administration to ensure that drugs are not destroyed before they can be Clause 2-Repeal of and new s. 130; found. Surely the administration, with its [130.] (2) restriction on possession, &c., of technique in dealing with these infamous drugs- people who trade in dangerous drugs, can Mr. DAVIES (Maryborough) (9.49 p.m.): evolve ways and means of overcoming this problem. The administration could provide By clause 2 of the Bill section 130 of the a justice of the peace, for instance. These Act is being repealed and a new section 130 raids should not be made by a solitary police­ is to be inserted in its place. On behalf of man. If an arrest is made, it is the duty of the Opposition, I move the following amend­ the administration to ensure that sufficient ment- members of the Police Force are made avail­ "On page 2, line 44, after the word able to remove the fear that an informer 'container', insert the proviso-- will rush to that person's house and have 'Provided that he shall not, the drugs destroyed. The Minister's by reason of any provision of this sub­ arguments seem even too elementary to paragraph (b), be empowered to search discuss. any dwelling-house or part used for The Police Force should be sufficiently residential purposes of any building save well staffed to enable one officer to remain where his entry therein was made under with the man placed under arrest while the authority of a search warrant or another proceeds to the place of dwelling to with the permission of the occupier of see that no-one leaves it. At least three police such dwelling-house or, as the case may officers could be employed in a matter serious be, part'." enough to involve breaking into a private In conformity with the Premier's views, which dwelling. Surely it is not for me to solve so clearly indicated that it was his wish problems met in the administration of the over a period, to remove from various Act~ law. It is puerile to advance the argument the right to search dwellings or places of that because a justice of the peace cannot be abode without a search warrant, we move found at 10 o'clock at night or 2 o'clock in this amendment. the morning, the provisions of this clause are justified. The Government should see that The Minister for Health mentioned that justices of the peace are so stationed that some years ago--a Labour Government was their ~ervices are available at all hours. in power at the time-it was necessary to possess a search warrant to enter a I cannot accept this situation, as I feel dwelling or place of abode, and that at a that this is a further invasion of the precious later stage in the history of that Govern­ rights of the individual. There are sufficient ment such a necessity was removed. That restrictions on the right of privacy of the is not a logical argument to use. Whether it individual today without allowing it to be was an error at the time or not, it does not further invaded. I therefore believe that con­ follow that the argument can be used today. siderable support for the amendment will be The argument cannot be used that an error received from the back bench of the LJberal in administration should be perpetuated. We Party. I would not like to think that the believe that a man's home is his castle. Liberal disturbers of the Government have Health Acts [1 DECEMBER] Amendment Bill 2159

deliberately vacated the House. I see that It was decided to re-enact the whole clause one of them is present, and it will be inter­ only to enable the Government to get the esting to see whether he supports the amend­ necessary authority to declare certain ment of whether what goes on at the back restricted drugs as dangerous drugs and for of the Chamber is merely sham fighting. the purpose of controlling their use by teen­ agers and transport workers. But the vital The CHAIRMAN: Order! issue has been removed altogether from the Mr. DAVIES: I am merely emphasising "pep pill" and the "purple heart" by the the necessity for supporting this amendment. Opposition into the sphere of dangerous The clause is an invasion of a person's narcotic drugs, and this staggers me. I am privacy in his own dwelling. It gives to a surprised that it should have been done. police officer the right to walk in and disturb However, the hon. member for Maryborough a household. The housewife may be alone revealed the purpose in the course of his with her children, and I ask the Committee remarks, when he turned to the empty cross­ to consider the frightening effect that such benches on the Government side and said an intrusion would have. A woman could that he expected support. This is a puerile well suffer such great distress that she would tactical move-and a very dangerous one, have to go to a hospital for a long time. This because the public at large may think it is is indeed a very serious matter. No argu­ meant seriously. Because of the possibility ment has been advanced by the Minister that of this misconception, I propose to deal with this is an impractical amendment. I hope it as if it were a serious amendment. that he will accept it, and not force it to the In 1939 section 130, which is now in force, vote. was substituted by a Labour Government for Mr. Muller interjected. the section of the 1937 Act, and the Bill effecting that substitution was piloted through Mr. DAVIES: I have great respect for this Assembly by a former distinguished the interjector for the many services that he leader of the Labour Party, the late Hon. has performed for the State. He may have E. M. Hanlon. made mistakes in attending to the demands of the graziers who, according to his own The hon. member who has moved the statement after he resigned as Minister for amendment may not know why Mr. Hanlon Lands, rushed down George Street to his brought down the 1939 section 130, which office. Does he desire that such mistakes, is now being substantially re-enacted. if any should be perpetuated? Mr. Hanlon's object was to remove from I am not saying that in the political history section 130 the search-warrant provisions of the State errors have not been made by that, in a somewhat limited way, the Labour the Labour Party. If they were made they representation now in this Chamber wishes should be corrected, and no-one is more to put back into the section. His reason ready than we are to admit that errors have for removing the search-warrant provisions been made. After all, it is only parties that was very simple-that they made unwork­ are willing to experiment and prepared to able the policing of the law as to the unlaw­ initiate reforms that make mistakes, and the ful possession and peddling of dangerous Labour Party admits that mistakes may have drugs. been made. However, we are now dealing Details of Mr. Hanlon's reasons appear at with this amendment in 1966, and we say page 1860 of volume 175 of "Hansard", and very strongly that it is necessary to preserve I propose to quote briefly from his remarks the privileges and rights of the individual on that occasion. He said- from further invasion. I therefore have much pleasure in submitting the amendment. " . . . the whole civilised world is tight­ ening up the law on the distribution of Hon. S. D. TOOTH (Ashgrove-Minister dangerous drugs. The League of Nations for Health) (10 p.m.): I cannot allow this has devoted a tremendous amount of time to pass without comment-and very consid­ to the investigation of methods of distribu­ erable comment. If the hon. member for tion and to making the control of drugs Maryborough and any of his colleagues wish throughout the world uniform in order to amend the Bill in any way that will to ensure that the vendors of dangerous make it easier for drug pedlars to peddle drugs are pursued with the utmost rigour their wares-- in an endeavour to put an end to this highly dangerous traffic. There is nothing Opposition Members interjected. startling about the dropping of the pro­ Mr. Nicklin: You are on the side of the vision that the search must be done in drug pedlars. the presence of a justice of the peace. The hon. gentleman (a member of the Mr. Sherrington: Rubbish! Opposition) suggested that we have Mr. TOOTH: -- neither I nor my col­ dropped something that has stood the leagues in government will have a bar of it. test of time. As a matter of fact, we are dropping a provision that time has The amendment that the hon. member proved to be unworkable." has placed before the Committee relates to clause 2 of the Bill, which substantially If it was unworkable then, how much more re-enacts the present section 130 of the Act. unworkable it is at present. 2160 Health Acts [ASSEMBLY] Amendment Bill

This morning, having warning of the pos­ person-and anything carried or conveyed sibility of this move by the Opposition, I by such a person and any premises or place sought the advice of the Director of the wherein such person may be and any Chemical Laboratory, and I asked him to premises or place wherein such person has bring to my office quantities of morphia and or is suspected of having any such drug or heroin. He brought me 5 milligrammes substance and, for that purpose, open by and 10 milligrammes of heroin and 5 milli­ such means as he deen1s necessary any grammes and 10 milligrammes of morphia. room, package or container. So that he is Ten milligrammes of heroin, which is a very in a house; he has gone to the house, he substantial "fix", to use the jargon of the has seen the person he suspects and he has drug-takers-- detained him. But at that stage, under the amendment, if he wants to search the rest Mr. Houston: Where would that come of the house he then has to go away and from? get a search warrant. Mr. TOOTH: From the laboratories. Mr. Bennett: That is absolute rot. Mr. Houston: They make it here, do Mr. Sherrington: Why wouldn't he arm they? himself with a warrant in the first place? Mr. TOOTH: No, they do not make it Mr. Bennett: Your argument is an indict­ here. This is a drug that is used in the ment against the intelligence of your medical profession. It is a drug in the same inspectors. way as strychnine is, and it is used by the medical profession. It is not given to all Mr. TOOTH: The hon. member for South and sundry. Mr. Henderson brought it to Brisbane is very smart in referring to other me. This 10 milligrammes of heroin, which people's intelligence. Apparently the intelli­ is a very substantial "fix" for an addict, gence of my inspectors is at fault. Appar­ contained insufficient powder to smear a ently the hon. member and his colleagues thin layer over a threepenny piece. It was are unaware of the world-wide extent of this so minute that one could hardly see it. I nefarious traffic, and apparently they are made inquiries and I was advised that a unaware that every agency of every civilised capsule of this size-I do not know whether country is using every possible means to hon. members can see it-would contain control and contain this traffic. Apparently 500 milligrammes of heroin. they are unaware of the extent to which thousands upon thousands of teenage school Mr. Inch: Was it in concentrated form? children in the United States of America, Mr. TOOTH: Yes. The pedlars, of and in other countries, have become addicts. course, would have it in concentrated form Apparently they have never heard of the and break it down. "pushers", and they talk on this as if this is something quite new and we are seeking Mr. Houston: They get it through extraordinarily unusual powers. Customs? Mr. Houston: How many "pushers" have Mr. TOOTH: It is smuggled in. Surely been arrested and prosecuted in the last 12 the hon. gentleman understands that. months in Brisbane? The point I want to make is that the Mr. TOOTH: Does the hon. gentleman minute size in volume of these dangerous want us to do nothing until they are being drugs makes it an extremely difficult job to arrested every day of the week-if, with the catch any pedlar with them. On the drug limited powers that the Opposition decides market the content of that 500 milligrammes to give us, or suggests we should have, the would probably be worth some hundreds of poiJce are ab,e tv nnd any of them? None dollars. It is very easily secreted; it could will ever be arrested if we are going to tie be dropped and stood on; if a person were the hands of the police by this sort of amend­ close to a sink or a toilet it could be dis­ ment. Without further ado, I say that the posed of almost instantaneously; yet hon. Government will not accept this amendment members are asking us to tie still further under any circumstances whatever. the hands of the law-enforcement authorities in this dangerous situation by a technical Mr. DAVIES (Maryborough) (10.12 p.m.): regard for certain general principles to which I am amazed by the reply of the Minister; he we all subscribe in a general way but which, has not dealt with my arguments at all. First in a particularly dangerous situation, we of all, he goes back some 20 or 30 years and must dispense with. There are times when depends upon what happened then. This is these things must be looked at in the light 1966. of the special and difficult circumstances I resent the charge by the Minister that involved. this amendment was brought forward for The amendment itself, apart altogether political reasons. As a matter of fact, if it was, from the principle of it, I think is extremely it was far more effective than the Premier and bad. It does an extraordinary thing. The his Cabinet in clearing the rebel Liberals out of clause says that any member of the Police the House. I notice that they have com­ Force may search the person and possessions pletely retired from the Chamber. The of any person so detained-in the previous Government is cleft right down the centre paragraph there is provision to detain any over this issue, and the representatives of the Health Acts [1 DEC[MBER] Amendment Bill 2161

Liberal headquarters support us, going by the inserting in the Statute Books, in relation to arguments that were put forward in this the Health Act, th~s concept that is absolutely Chamber over the last few days, but they odious to our way of life and our thinking. have not the courage to face a division. It is rather strange that in the ChambeT Evidently the Minister was stung to the quick tonight there are only two Liberal members by the charge that I made. other than Ministers, of course, to support I resent also the charge that the Opposi­ a Liberal Party Minister. tion is desirous of seeing the drug trade Mr. Ramsden: Ring the bells! spread. I hope, and I believe, that this is a facetious remark and I will deal with it as Mr. BENNETT: It is all very well to talk such. The statement by the Minister is that about ringing the bells. If the bells ring they the forces of the Jaw are so inefficient that will dance to the dictates of the Government. they could be outwitted by these people in such The point I am making ~s that they are not a simple fashion as described by him, and I here. refuse to accept that. I have great respect for The Premier is obviously super-sensitive the efficiency of the law. The Opposition is as keen as the Government parties or anybody on this point because he is not happy with else in the community to see this drug trade the position in which he finds himself. He wiped out. Does the Minister mean that there said by way of interjection to the hon. are school-girls who are dealing in some of member for Maryborough, "Are you on the these pills or dangerous drugs? Is he going to side of the drug peddlers?" Either he does any school where he thinks that this may be so not believe in the truth of that accusation, or or is he going to search the house that a alternatively he i1s trying to deceive the particular girl might come from? If he did, public understanding of what the Opposition that would most definitely be an intrusion on is trying to do by the amendment moved the rights and privileges of any respectable by the hon. member for Maryborough. He home, especially if the Minister had only a either misunderstands the position or is suspicion that the girl was so acting. deliberately trying to draw a cloud across the path of clear, honest thinking. I am surprised at the Minister's reply. He has dealt with the matter in a very shallow One is never on the side of a criminal fashion and he has not replied to the argu­ until he is proved to be a criminal, and the ment of the Opposition, so that our argument Crown and the police should have the still stands. The Opposition believes that it ne·cessary efficiency to prove who is a is in the interests of the community generally criminal and who is not. Merely because we that this amendment should be carried, and are pn~s·erving the rights of decent citizens, it has put it forward with great sincerity. it does not follow by any logical inference that we are on the criminal's side. We are Mr. BENNETT (South Brisbane) (10.14 on the side of decent citizens who do not p.m.): I very strongly support the arguments want to be treated like criminals by the put up by the hon. member for Maryborough. Premier and his Cabinet, which is what the and can only say, "Thank goodness we still Premier is trying to do. have somebody in Parliament who has the The Minitster referred to an amendment guts to defend the rights of the people." that significantly was introduced in 1939 Incidentally, if a proper search was conducted when, becaus,e of the war that we were some Government members would have to embarking upon, it was imj:}o'ssible to get hand over the drugs and pep pills they are recruits for the Police Force. Police numbers taking at present. If the police were to were inadequate and there were in Australia search the rooms of hon. members opposite thousands of troops from overseas. We were they would find the dangerous drugs they operating under the· exigencies of war. keep at Parliament House. They should also have the right to search their persons. A G{)vernment Member: ThoUISands of troops were not here 'in 1939. Government Members interjected. Government Members interjected. The CHAIRMAN: Order! Mr. BENNETT: I happened to be down Mr. .BENNETT: I am very sorry, Mr. at the Newstead oil installations on guard Hooper. long before that, and there were many troops Mr. Bischof should send his police there then. investigators and detectives to search some Government Members interjected. of the Liberal Party and Country Party members who are i'n the Chamber. Mr. BENNETT: In any case, that related to 29 years ago-I might almost say it is Mr. Houghton: Get up to the Trades Hall. a third of a century ago-when communi­ Mr. BENNEIT: If they did they would cations were less adequate than they are today take all the dmgs they have here. and radio was not nearly ats well developed as it is now. Transport and road communica­ I know that the Premier is super-sensitive tion were not nearly as highly developed and about thils. I have observed him over the other mechanical aids in transportation were years and I know that when he becomes not in existence. So that the argument that we super-sensitive his conscience is troubling him. should go back to what happened 30 years I know he is embarrassed because he is ago is not conVlincing at all. 2162 Health Acts [ASSEMBLY] Amendment Bill

As we pointed out earlier this Government Mr. Dewar: Then you will admit that the on so many occasions seeks to justify its man is already being detained. actions by pointing to something done by a Labour Government in years gone by. Dur­ Mr. BENNETT: Clause 2 (3) of the Bill ing the time the Government was in Opposi­ says that "a member of the Police Force tion it castigated the thinking of Labour may search the person and possessions of Governments and their endeavours. Now any person so detained." that its members are sitting in a different Mr. Tooth: Look at clause 2 (3) (a). position they are endeavouring to follow what they claim was the policy of the Aus­ Mr. BENNETT: The subclauses are sep­ traHan Labour Party in those days, although arate. One paragraph is not the key to they did not cheer and acclaim that policy another. The amendment is designed to at the time. So I do not believe that that ensure that a warrant is obtained before a argument is convincing. Nor do I think, if dwelling is searched. It is clear that a war­ there was a mistake made in the past by rant must be issued before any authority any particular administration or political under any particular clause is exercised. party, that it should be perpetuated, and there is no reason to so perpetuate it. The hon. member for Maryborough was also taken to task because he said that he The suggestion is not, as read out by the expected to receive support from the back­ Minister, that the search should be con­ bench members of the Liberal Party, who are ducted in the presence of a justice of the still absent. That is not playing politics peace. at all; it is merely expecting parliamentarians to be consistent with the assertions they make Mr. Tooth: I did not suggest that. on other matters. Mr. BENNETT: I understood the Mr. Tooth: That is the purpose of the Minister to say that. amendment. Mr. Tooth: You were not listening. You Mr. BENNETT: It is not the purpose of always make any sort of point you can. the amendment at all. Surely it is logical argument and clear thinking to say that we Mr. BENNETT: If that was not part of expect those members to be consistent with the Minister's argument I cannot understand what they have said before, and this proposal why there is any difficulty in obtaining a will allow them to do that. Section 130, warrant, because before the police go into a as it will be, provides the penalty, and sub­ man's house they must suspect that he is section (3) reads- dealing in drugs. They would not knock me up at 1 a.m. and say, "We have come to "Any member of the Police Force may­ search your home because we think you (a) detain any person found in any might be dealing in drugs" unless they had premises or place . . . " some reasonable ground for suspicion, and The proposed amendment merely states that they do not get that on the spur of the before a police officer can enter any such moment. The procedure is that they must dwelling referred to in this section, he shall have those reasonable grounds for suspicion have a warrant. That is the kernel of the before they appear before the J.P., and they argument. must record in writing their reasons and grounds for having that suspicion; then they Much to my surprise, the Minister, and, in will receive a search warrant expeditiously the past, the Minister for Education, have within five minutes. But they have to swea; agreed with my submissions, by questions on oath to the truth of their belief that there asked in Parliament, that there was drug are reasonable grounds for suspicion. If trafficking in Brisbane, particularly in the they obtain the warrant fraudulently it can Albion area. Time does not permit me to be exposed in court. If they obtain it refer to the answers to those questions. They honestly and sincerely they have nothing to were, however, published in the Press, and the fear, no time is lost, and they have the Minister for Education stoutly denied that opportunity to enter the property legally. there was any drug trafficking to any extent in Queensland, and, in particular, in Brisbane. Mr. Tooth: You have not studied the Mr. Pizzey: That was a good time ago­ amendment because this is subsequent to the over a year ago. detention of a person. Mr. BENNETT: It says- Mr. BENNETT: It was last year. "Provided that he shall not, by reason Mr. Houston: There has been no arrest of any provision of this subparagraph (b), since. be empowered to search any dwelling­ Mr. BENNETT: No. If the Minister had house." insisted that the Police Force carry out its Mr. Tooth: Look at the Bill and put it duties, there would have been no need for in its context. search warrants to obtain convictions for drug trafficking in Brisbane. Instead, he Mr. BENNETT: I did not cast aspersions chose at the time to hide his head in the on the Minister's intelligence. I have read sand because the subject was raised by me. both the amendment and the Bill. He was prepared to deny the truth of my Health Acts (1 DECEMBER) Amendment Bill 2163 assertion. There was drug trafficking in Bris­ police were frustrated by the existing legis­ bane then, and the police should have known lation. Let him explain how their efforts it. Instead of saying, "We know there is could have been more successful, if they drug trafficking in Brisbane but we find it made any efforts in that regard, if they had difficult to catch the offenders because we had the right of entry and search as sug­ have no right of entry without a search gested. Before asking the Committee to warrant," he denied any suspicion of drug adopt a very harsh proposal of this nature, trafficking in Brisbane. Who is telling the which will interfere very radically with truth-the Minister for Education or the individual privacy and one's own person, I Minister for Health? think that the Minister should place evidence before it to show that the proposal is Mr. Tooth: Do you know there is drug necessary. trafficking? Some of the capsules and drugs are in very Mr. BENNETI: The Minister is saying that small containers. It would be very easy to there is drug trafficking now. "plant" one on a person, and it would not be the first time in the history of Queensland Mr. Tooth: No, I am not. that such a thing had been done. It is a Mr. BENNETI: The Minister did say that. protective measure to have a warrant for He clearly gave us to believe that the situation search sworn out before any search is con­ has got out of hand in Brisbane, and in ducted. Subject to exceptions, no person Queensland as a whole. can be searched in Queensland before he is arrested. Mr. Tooth: No. Mr. Carey: Don't you support the Govern­ Mr. BENNETT: That is the impression the ment in its efforts to stamp out the traffic in Minister gave. illegal drugs? Mr. Tooth: It was the impression you Mr. Houston: You are in the wrong court. might have got. Mr. Carey: I asked the question. Mr. BENNETT: Furthermore, he men­ The CHAIRMAN: Order! tioned that teenagers were engaging in this Mr. BENNETT: The hon. member is unhealthy habit to a great extent. That is merely echoing the interjection by the what the Minister said, and apparently he Premier that I have already dealt with. said it without having any concrete evidence. I challenge him to name the circumstances Mr. Armstrong: Not very successfully. and the occasion that he referred to when opposing the amendment, and I also challenge Mr. BENNETT: My submission would be him to find out why the police have not quite successful before an intelligent jury; brought the offenders to court for their but I must admit that there are many men illegal trafficking, if that is the position. I as bad as my friend "morphia" on that side challenge the Minister to answer those ques­ of the Chamber. tions. Will he tell us the truth and say that The CHAIRMAN: Order! he has no evidence of drug trafficking? If the right of entry and search, as desired by Mr. BENNETT: As I was about to the Minister, is necessary, let him give us explain, Mr. Hooper, usually a person cannot at least three instances in which it was be searched until he is arrested and at the desirable this year. Let him give the Com­ watch-house. Then, of course, he is searched mittee three examples this year where the in the presence of a responsible sergeant­ police did in fact suspect drug trafficking and incidentally, Sergeant Keohan, who was at under what circumstances. Let him give full the watch-house, was on trial for about three particulars of the offence and indicate to hon. months before it was discovered that the members that the only reason why the police Crown had no evidence against him-and were not able to obtain the necessary evidence at least two other policemen, and he is was that this clause did not reside in the searched properly and efficiently under super­ existing legislation. If the Minister is sincere vision. That system has worked well in the and bona fide in his argument, surely he will nast, and I do not know of any instance be able to tell the Committee the circum­ in which the police have been so dull, stances and give it the full facts and details lethargic and inefficient that they have lost of the times when police had these suspicions their evidence after apprehending a person but were frustrated in carrying out their and before they got him to the watch-house. duties by difficulty in gaining entry to the I have not heard of any incident such as premises. Surely if one is to engage in a that. I am perfectly satisfied that our radical departure from what one understands Queensland Police Force-- to be the correct concept of protection of Mr. Annstrong: You must be changing people in their private dwelling house, one your opinion about them. should have some evidence to show that such a right is necessary. Let the Minister tell Mr. BENNETI: There again, unlike some hon. members how many raids, if any, have Country Party members, and certainly unlike been conducted on the homes of any persons. back-bench Liberal Party members, I am Let him tell hon. members what has been consistent in the attitude I adopt in this done in relation to the peddling of drugs to Chamber. I have always said that the vast transport drivers. Let him tell the Com­ majority of Queensland policemen are men mittee in what way the investigations of the worthy of their office and men to respect. 2164 Health Acts [ASSEMBLY] Amendment Bill

That is why they get me to defend them Mr. TOOTH: He referred to Albion and when they are in trouble and I do it to the fact that it would have been possible successfully. for the police to obtain some convictions. The point I was making is that I have I put it to the hon. member, what did he never known in my long association with, do about this if he had this information? and wide experience of, the Queensland He has waited for a year to tell us about Police Force any policeman to lose an article it. obtained from a person who has been arrested Mr. Bennett: I gave the information to prior to his being searched in the watchhouse. the Minister for Education. I have known some instances of their losing a prisoner, due to his physical capacity and Mr. TOOTH: Not to the police. ability to run, but no policeman is going to lose any evidence obtained by him, except Mr. Bennett: To the Minister for Education, by physical duress. Therefore I cannot see in charge of the police. the necessity to give to a police officer the Mr. Pizzey: In general terms. right to come into one's private home and subject one to the indignity of search in Mr. Bennett: Not in general terms. I will the presence of one's wife and family unless get out the correspondence. it is absolutely necessary. I am submitting that, in order to ensure that it is absolutely Mr. TOOTH: The hon. member says that necessary, they should be required to arm it would be possible for a police officer who themselves with the necessary warrant. suspected a person to get a warrant before Such a warrant can be easily obtained he made any move. With his extensive by swearing out the necessary information, knowledge of police practice, surely the hon. if it is true, in the presence of a justice member knows that very frequently in the of the peace, and it takes, at the most, five course of other investigations additional minutes. I feel that the reasons for the matters come to the notice of the police. amendment moved by the hon. member for Indeed, it is on occasions such as these that Maryborough are substantiated by his the police usually gain knowledge of the argument and justified by the unhealthy handling of dangerous drugs and narcotics. reaction from the Premier and Minister for I say that any member of this Chamber Health. who has any sense of responsibility would not play politics on this is·sue. That is what Hon. S. D. TOOTH (Ashgrove-Minister the Opposition is doing; the Opposition is for Health) (10.38 p.m.): I must confess playing politics in this. It is endeavouring I have never in my whole time in this to blacken certain members on the Govern­ Parliament heard such a farrago of nonsense ment side. The hon. member for Mary­ as I have just heard from the hon. member borough revealed that in the course of his for South Brisbane. Let me reiterate that remarks. I am amazed that on a serious we are not introducing something new. issue of this nature-- Mr. Bennett: You are introducing some­ thing bad. Mr. DAVIES: I rise to a point of order. I did not make that statement; I simply Mr. TOOTH: The hon. member will be pointed out that the Liberal rebels had left interested in what I am about to say. We the Chamber and had been putting up some are not introducing something new; we sham fighting during the last few days, and are retaining something introduced into the that the intention of the Opposition in Act by the late Hon. E. M. Hanlon. moving the amendment was a very, very sin­ Mr. Houston: That is the first time you cere one. have ever praised him. The CHAIRMAN: Order! Mr. TOOTH: No; I have praised the hon. gentleman on more than one occasion Mr. TOOTH: The hon. member for Mary­ in this Chamber. He was a gentleman for borough clearly indicated that part of his whom I had considerable regard. Obviously thinking in this matter was that a certain the hon. member for South Brisbane has attitude would be adopted by certain mem­ little or no regard for his memory. bers on the Government benches. Mr. Bennett: That is cheap and nasty. The CHAIRMAN: Order! I ask hon. members on my right to give the Minister Mr. TOOTH: The hon. member for South the courtesy he deserves in answering the Brisbane talks about cheapness and nastiness. debate. I would say he is one of the greatest purveyors of those commodities in this Mr. TOOTH: I wish to revert once more Chamber. to the comments made by the hon. member for South Brisbane. He said that this amend­ The hon. member, in the course of his ment would refer to paragraph (a) of sub­ remarks, said that some time about a year section (3) of the clause and that it would ago the police could have got quite a number refer to the words "detain any person found of convictions for the possession of dangerous in any premises". Irrespective of my opinion drugs. of the hon. member in other fields, I have Mr. Bennett: I did not say that either; always regarded him as a competent lawyer; be truthful! but this amazes me. Health Acts (1 DECEMBER] Amendment Bill 2165

Mr. Bennett: You never gave me any the Premier implies, the Government should briefs. make the Police Force mme effective than it is. To my knawledge, I have never seen Mr. TOOTH: I have never been in the ane policeman on his own looking for situation where I have needed to, thank God! criminals. There are always at least twa. I would direct the learned gentleman's atten­ Let the M[ntister in charge of police deny tion to the terminology of the amendment. that. They go out in pairs-and I have na It says- argument against that. "provided that he shall not, by reason of any provision of this subparagraph, be J.n his intraductary speech the Minister empowered to search any dwelling-house said that a certain person was arrested in or part used for residential purposes of a hotel for having drugs in his possess·ion. any building . . . " Did the police go there on the off chance and Obviously this amendment has not got say to him, "You have drugs in your general application at all; it refers merely to possession", and then search him? Of course a dwelling place or some place used for not! They planned it-and I have no fight residential purposes, whereas the clause with that. That was a deliberate attempt by itself talks about the detention of any person the Police Force to find out who was found on any premises. If that is the sort peddling drugs. They did it effectively and of advice that the hon. member gives in I give them full credit for it, but they knew respect of legal matters, we can judge what who the person was. If any person is knawn his advice would be on other matters. to be trafficking in drugs, or even if he is suspected of daing so, surely it is not asking Mr. HOUSTON (Bulimba-Leader of the too much ta require that at least two police Opposition) (10.44 p.m.): I think I should officers go after the person concerned armed make it clear to the Government that this with a search warrant to enter any home in is not a matter of playing politics. In times which he may be residing. Let us all realise of need the Opposition has always shown that when a warrant is obtained it does that it will support the Government on any not become invalid in an hour ar two. Whe.n worth-while proposal. On the one hand the a warrant is obtained it remains operati·ve Premier said that we are encouraging dope for a long period. If the Minister does not pedlars. What utter nonsense this is! I think so, let him amend the Act accordingly. asked him to tell us whether there were any Same peculiar happenings have arisen arrests or prosecutions in the last 12 months. during the debate on this measure. When There have been none. The Premier said replying to the hon. member for South that we are interfering with the police. The Brisbane, the Minister wrus keen to say that P1emier tells us that the "dope" is here and We were supporting the small child, teenager the Minister has suggested that school­ or student who intended to peddle drugs. children are handing it around. If that is so why is it that this Government has closed Mr. Tooth: I sa,id they were- the victims of down local police stations one after another drugs. and reduced the number of policemen on actual service? Mr. HOUSTON: That is quite right, but . Why has the Government refused to supply the Minister did not mention anything about htghcpowered cars to the police? The Govern­ the transport driver. In the intraductary ment of New South Wales is tackling crime stage the ma,in point made WillS that this-- by providing for the police higher-powered Mr. Tooth: Are you confusing dangerous cars than any that criminals could possibly have. Here, we are only miving the police dmgs with restricted drugs? Fords and other slow cars, yet hon. members oppOISite talk about what they are trying to Mr. HOUSTON: I am not canfusing any­ do, and what they are doing. thing at all. Government Members interjected. I put to the Minister quite bluntly and frankly that unde-r this legislation the Gavern­ The CHAIRMAN: Order! ment will raid the homes of the transport Mr. Pizzey: Are you saying that crime drivers. The Minister may deny that if he here is more seriaus than in New South can. That is what is planned; it is the main Wales? purpose af the Bill. If it is not, let us have a guarantee from the Minis,ter or the­ Mr. HOUSTON: I have never said that. Government that is is not intended to raid the hames of transport drivers who it might Mr. Inch interje·cted. be considered have drugs in their possession. The CHAIRMAN: Order! I remind the These are- the people that country members hon. member for Burke and hon. members on represent. I assure the Premier that we strongly believe there have been too many I_UY .rig~t that there are far too many mtenectwrrs. inroads over the years into the privacy of the individual. Let us find ways and means Mr. HOUSTON: The f'iremier made an of restricting the traffic in drugs and other assertion that we are not interested. I say we crimes, but by other means than openly are interested and, if things are as bad as invading the privacy of private homes. 2166 Health Acts [ASSEMBLY] Amendment Bill

If the Government feels that our amend­ politics they would go to the length of assist­ ment is too severe and that it will interfere ing the drug pedlar or possible drug pedlar. with the wo.rking of the law, the Minister They would do anything. I admit they did should tell us exactly how he will operate not think what they were doing, but that is when transport drivers are considered to be the effect of their action. using drugs or when it is suspected that Mr. Inch interjected. students are using drugs. The other day some teenagers were convicted of drinking, The CHAIRMAN: Order! The hon. but no mention was made of anybody trying member for Burke will withdraw that remark to stop this practice. I feel that the Minister and apologise. must come up with a more convincing argu­ Mr. Inch: When the Premier-- ment that the Government is doing all in its power to cut out this traffic before it The CHAIRMAN: Order! Withdraw takes power to invade the privacy of a per­ that remark. son's home. Mr. Inch: I refuse to withdraw that Hon. G. F. R. NICKLIN (Landsborough­ remark. Premier) (10.52 p.m.): I feel sorry for the Leader of the Opposition. He has had to The CHAIRMAN: Order! I shall give come in to protect members of the Opposition the hon. member for Burke a further oppor­ from the over-enthusiastic action of the tunity to withdraw the remark that the hon. member for Maryborough, who Premier is imbecilic. endeavoured to gain a cheap political advan­ Mr. Inch: In the circumstances, and out tage by moving his amendment. of respect to the Premier, I withdraw the I say to the Leader of the Opposition that remark. as Leader of the Government I think I am Mr. NICKLIN: Do not let us deceive entitled to receive a copy of an amendment ourselves. Drug traffic is one of the most that it is intended to move. I ask him if he insidious and dangerous evils in the world will please send me one the next time the today. It is so dangerous and insidious that Opposition intends to submit an amendment. the United Nations Organisation is spending Mr. Houston: If I may answer the many millions of dollars on setting up a Premier-- world-wide organisation to control it. For­ tunately it has not as yet hit Australia to The CHAIRMAN: Order! any great extent, very largely as a result of the strict surveillance of the Customs auth­ Mr. HOUSTON: I rise to a point of orities and the good work of the various order. I can assure the Premier that no dis­ Police Forces throughout Australia. courtesy was meant. I followed what I Every possible step has to be taken to understood to be the normal procedure eliminate the possibility of drug trafficking in adopted in handing out amendments. I shall Queensland. That is our duty not only as see in future that he gets one personally. a government but as responsible legislators, Mr. NICKLIN: I was not chiding the because members of the Opposition have in Leader of the Opposition; I was merely sug­ this matter as much responsibility as do gesting that he might show that courtesy to members on this side of the Chamber. If the Leader of the Government next time. hon. members opposite vote for the amend­ ment that they have moved tonight, they Mr. Bennett: After 17 years in Opposi­ will brand themselves for all time as mem­ tion-- bers who are prepared to break down the laws of this State designed to deal with drug The CHAIRMAN: Order! The hon. trafficking. They will be breaking down the member for South Brisbane has taken the laws put on the Statute Book of this State opportunity of making a contribution on by a Labour Government for the very this clause. I ask him to cease interjecting. purpose of dealing with drug trafficking. Mr. Bennett: I appreciate your observa­ Mr. Bennett: If it is so serious, can you ~ions. tell us if you have any drug squad in the The CHAIRMAN: Order! Queensland Police Force? Mr. NICKLIN: The hon. member for Mr. NICKLIN: There is a squad that Maryborough, and the hon. member for deals with it. South Brisbane, particularly, came here Mr. Bennett: There is not. tonight like knights in shining armour in an endeavour to protect the rights of the Mr. NICKLIN: If the hon. member was individual! Was there ever such political so keen to deal with the alleged drug traffic, hypocrisy as those two hon. members coming why did he not give the information to the forward in an endeavour to protect the rights Minister in charge of the Police Force? of the individual? Why do they not tell the Mr. Bennett: I did, and he wouldn't use it. truth about this amendment? It was moved in an endeavour to play a smart political Mr. NICKLIN: As a responsible citizen trick, namely, to embarrass the Government. and legislator, he should have given this But it has rebounded on them. To play information to the Government if he had Health Acts [1 DECEMBER] Amendment Bill 2167 it. This may be a joke to the hon. member The Minister's answer was- for South Brisbane, but it is not to respon­ "I am aware of the particular question sible citizens. The hon. member is prepared and answer." to break down the laws of this State that prevent any possibility of drug trafficking in The third question was- Queensland. "Will he now direct that some concen­ So far as the Government is concerned, trated attention be given to that area we are not going to have broken down the mentioned in my previous question provisions of the Bill now before the Com­ bounded by Albion Road, McLennan mittee. They have been framed deliberately Street and Storkey Street, Albion, near to deal with this most dangerous and Campbell's Joinery Works?" insidious traffic. If any members care to and the fourth question was- vote against this clause, they can, but by "Will he also have a thorough investi­ doing so they label themselves as people who gation made into the activities at the Fish are prepared to support the growth of the Markets in connection with the existing drug traffic in Queensland. drug racket referred to in the 'Sunday Truth's' article?" All sorts of arguments were introduced by the hon. member for South Brisbane. He The Minister's answer to those two questions even brought the American Army here three was- years before it arrived. When his history " I am not in possession of any informa­ was corrected, he was left floundering about tion to suggest that either the area or the like a fish just hauled from the water. place named warrant the concerted atten­ Mr. Bennett: I got you on your feet. tion suggested. If the Honourable Mem­ ber has any information which will assist Mr. NICKLIN: It was not my intention in the detection of offences against the to enter the debate, as the matter was so law and the bringing of offenders to jus­ very expertly handled by the Minister for tice, I and the Commissioner of Police Health. He absolutely devastated the argu­ will be happy to receive it, when con­ ments put forward by Opposition members. sideration as to the appropriate action to My purpose in speaking is to lay on the be taken on that information will be line exactly where the Government stands. immediately given." We stand for every possible action to deal with drug trafficking in this State and the The fifth question was- consequent ruination of the future of our "Has any special squad been directed to young citizens. There is no doubt where closely investigate this allegation of a hon. members on this side of the Chamber scandalous drug racket?" stand. Let the Opposition take its stand now. The Minister's answer was- "Jn so far as the Police Department IS Mr. DAVIES (Maryborough) (11.1 p.m.): concerned, the answer is 'No'." I assure the Premier that the Opposition does not need any lectures from him on The sixth question was- the seriousness of this ugly traffic, and no-one "What action do the Water Police take will fight harder than hon. members on this to adequately patrol Moreton Bay and side of the Chamber to suppress it. They the Brisbane River against activities of this will do everything possible to assist the nature?" forces of law and order in this State to overcome the evils of trafficking in drugs. The Minister's answer was- "The Brisbane River and wharves I wish to place on record the questions thereon are constantly patrolled by mem­ asked by the hon. member for South Brisbane bers of the Water Police in order to prevent on 15 September, 1965, and the replies and detect offences generally, and Moreton given by the Minister for Education. The Bay is patrolled when circumstances first question was- warrant it." "Has his (the Minister's) attention been drawn to the claim made in 'Sunday The seventh question was- Truth' of September 12, 1965, to the effect "Will he cause investigations to be made that there is a large drug racket established to ascertain if any members of the in Brisbane?" Customs Department are involved?" The Minister's answer was­ The Minister's answer was- "Yes." "I can only repeat that if the Honourable The second question was- Member has any information which will assist in the detection of offences aganist "If so, will he make reference to his the law and the bringing of offenders to answer to my question in Parliament on justice, I and the Commissioner of Police October 31, 1962, when he informed the will be happy to receive it." House in effect that the Police Depart­ ment had no knowledge of any drug Evidently neither the Minister nor the Com­ racket in this city." missioner of Police had any evidence. 2168 Healtlz Acts [ASSEMBLY] Amendment Bill

The eight question was- cross-benches at the rear of the Chamber "In spite of his denial that complaints are wearing him down. The Opposition had been made about this matter in his is serious in this matter, and the amendment answer to the question on October 31, that I moved has served the purpose of 1962, will he make further investigations openly displaying to the Committee the sham to find out if a Mrs. R. Doughty had in fight that has been engaged in by senior fact complained and appealed to the Com­ representatives of the Liberal Party in this missioner of Police prior to June, 1961, Chamber. They have made claims similar about the adverse effects on her family to those made by the Opposition in this affairs as a result of this drug traffic?" instance; but they lack the courage to stand up in the Chamber and face up to the The Minister's answer was- Government. The Opposition is serious in "Numerous letters were received by the moving the amendment and asking the Police Department from a Mrs. R. Committee to vote on it and protect the Doughty in relation to various subjects interests of the citizens of Queensland. prior to June, 1961. The subject matters of these letters were thoroughly investi­ (Time expired.) gated even to the extent of seeking the assistance of the Government Analyst but Hon. S. D. TOOTH (Ashgrove-Minister it was found that there was no substance for Health) ('11.5 p.m.): I do not feel there in the complaints which were considered is anything further to answer. The remarks to be purely imaginary." of the hon. member for Maryborough have no relevance to the matter at all. The ninth question was- "Did the Commissioner, prior to his Question-That the proviso proposed to be answering my question on October 31, inserted in clause 10 (Mr. Davies's amend­ 1962, receive a code note dealing with ment) be so inserted-put; and the Committee the peddling of drugs?" divided- The Minister's answer was- AYES, 17 Bromley Melloy "The actual receipt of a note of the kind Davies Newton referred to, by the Commissioner of Duggan O'Donnell Police, cannot be pinpointed, but corres­ Hanlon Sherrington Harris Wallis-Smith pondence from Mrs. Doughty refers to Houston 'a strip of paper with six words in code, Inch Jones, R. Tellers: namely "light match-keep alight-plant Lloyd Bennett lane"'.'' M ann Hanson The tenth question was- NOES, 36 "What is he doing generally to safe­ Armstrong Miller guard this State and City against any such Beardmore Muller drug racket?" Camm Murray Carey Newbery Chinchen Nicklin The Minister's answer was- Delamothe Pi! beam Dewar Pizzey "The Police Department under my F!etcher Rae Ministership is fully aware of its duty to Herbert Rcmsden protect life and property and prevent Hewitt, N. T. E. Richter Hewitt, W. D. Row ~nd detect offences against the same, and Hodges Tooth IS well versed in the law dealing with Hough ton Wharton Jones, V. E. Wood. E. G. W. offences associated with illegal trafficking Kaus in drugs." Lee Lickiss Tellers: Evidently the Minister was not in a position Lonergan Low Smith to give any information to hon. members McKechnie Sutlivan about instances of drug trafficking in Bris­ bane, and neither he nor the law enforcement organisation under his control had any PAIRS Dean Hughes knowledge of any drug trafficking. Despite Donald Cory that, the Minister and the Premier claim that Jordan Bje!ke-Petersen the drug traffic exists in the city to such an Thackeray Chalk Tucker Knox extent and is so serious-- Wood, P. Camp bell Graham Porter Mr. Pizzey: What were your reading from? Byrne Ewan

Mr. DAVIES: Volume 241 of "Hansard", Resolved in the negative. which is the record of the session from August to December, 1965. I have already Clause 2, as read, agreed to. given the actual date. Clause 3, as read, agreed to. The Premier has acted hysterically during Bill reported, without amendment. this debate. Evidently the attacks of mem­ bers of the Liberal Party who sit on the The House adjourned at 11.13 p.m.