VICTORIA

PARLIAMENTARY DEBATES (HANSARD)

FORTY-THIRD PARLIAMENT THIRD SESSION (1966-67)

1!jrgi,alntiu~ Ctrouutil nub i!lrgislntiur A!isrmhly

VOL. CCLX~VI.

(From December 12, 1966 to Marc9 16, 1967) .,3\

MELBOURNE I A. C. BROOKS, GOVERNMENT PRINllnt. Governor's Speech: [8 DECEMBER, 1966.] Address-in-Reply. 2933 to refer briefly to the Canadian Tax Federal-Provincial relationship within the framework of the Canadian' Constitution. Foundation, which was set up by the What is now required is a searching Canadian Bar Association and the detailed examination of the situation as it Canadian Institute of Chartered Ac­ exists and as it appears to be developing, countants, each organization having in order that workable, coherent and equal representation on the Founda­ broadly acceptable answers to the pertinent tion. This impartial body, which questions may be found. examines the tax situation without I believe the same situation to which this article refers in relation to political emphasis I is not influenced by pressure groups in the community. Canada should apply here. At this stage, we have very little academic I should like to mention two publi­ interest in this field. I should hope cations which I obtained whilst I that universities and other persons in was in Canada. The first publication, the community who are interested in which was written by I. A. Moore, finance could become interested in J. Harvey Perry and D. I. Beach, is producing more information on this entitled The Financing of Canadian very vexed question which is one of Federation-The first 100 years. It the major issues facing us at the gives the background to the story of present time. Having regard to the the growth of the Dominion-Provin­ evidence of the great changes that cial relationships. I believe a similar have taken place in Canada, from a body in Australia could undertake situation which was in operation at a task of this kind. Outlined in the end of the war to the Provinces another publication entitled, The having their own taxing powers, I Occupancy of Tax Fields in Canada cannot understand why this could not is the situation in regard to also apply in Australia. A number Dominion-Provincial relationships. of our people who are interested in The establishment of a body of this finance-the Director of Finance and kind would be beneficial. I have others-have examined this matter, mentioned this to one of our institu­ but I should like all States and the tes to ascertain whether it would Commonwealth to investigate the be interested in this field. Honor­ changeover to responsible Federalism able members will recall the pres­ in Canada to-day. sures to which they have been sub­ I submit this information as an jected in this House during the past outline of this type of system that week in regard to tax matters. If could be considered in the future. similar pressures were directed I hope my suggestions are practical. towards the idea that there should At the present time, no positive be greater equity between the Fede­ action is being taken to over­ ral and State Governments, public come the problem. By communi­ opinion could be an important factor cation, consultation and co-operation, in this direction. the Federal Government and the The other section of public opinion States could arrive at a situation which is not evident in Australia is which would enable the States the academic side, but this type of to operate as it was originally inten­ interest is becoming increasingly ded they should function. Perhaps important in both the United by means of some variation of States of America and Canada. The the Commonwealth Constitution, Institute of Inter-governmental Rela­ the States could be responsible for tions at Queen's University, Kings­ their own financial management and ton, Ontario, covers a field which is the collection of their own taxes. unique. This Institute is run by The motion for the adoption of an Professor R. M. Burns, and I wish to Address-in-Reply to the Governor's refer briefly to the reasons for its Speech was agreed to, and it was operations. ordered that the Address be presen­ ted to His Excellency the Governor There is developing in Canada to-day a greater understanding of the urgent need by the Speaker and the members of for a continuing examination of the the House. Session 1966.-102 2934 I nflarnmable [ ASSEMBLY.] Liquids Bill.

THE CONSTITUTION ACT As I understand the position, the first AMENDMENT (POSTAL VOTING) three amendments are of no sub­ BILL. stance. In regard to amendments 6 This Bill was received from the and 7, I understand that the particu­ Council with a message relating to lar penalty of $100 is to be deleted amendments. and that the general penalty which is contained in clause 37 of the Bill will Sir HENRY BOLTE (Premier and apply. In other words, the general Treasurer) .-The Legislative Council penalty will be $200. The remaining made the following amendments to amendments are purely typographical the Bil1:- or grammatical. Therefore, I move- 1. Clause 4, line 12, after II things and" That the amendments be agreed to. insert II be". 2. Clause 5, paragraph (b), line 27, omit Mr. FLOYD (Williamstown).-The .. writing" and insert "his own handwrit­ Premier has explained the position, ing ". but I point out that I gave consider­ 3. Clause 9, paragraph (b), line 29, omit able thought to this Bill and it is II writing" and insert "his own handwrit­ ing ". difficult for me to assimilate the amendments made by the Council They seem meaningless to me in the without examining the relevant pro­ sense that they do not alter anything visions. I accept the Premier's word of substance in the Bill. As I under- tha t everything is in order and am 5tand them, they are to correct draft­ prepared to agree to the amendments. ing, typographical or grammatical Without reflecting on the forms of errors. Therefore, I move- the House, I think that when amend­ That the amendments be agreed to. ments are· proposed there should be Mr. STONEHAM (Leader of the some liaison between the member Opposition) .-1 agree with the com:. who is handling the Bill for the Op­ ments of the Premier. position and the Government. I am not suggesting that anything is wrong, The motion was agreed to. I know that some of the errors are clerical, and I do not give the other INFLAMMABLE LIQUIDS BILL. place any credit for finding them. I This Bill was returned from the realize that I am introducing a mili­ Council with a message relating to tant note into the debate when I say amendments. that I should prefer to examine the amendments. However, I accept the Sir HENRY BOLTE (Premier and Premier's assurance that there is Treasurer) .-The following amend­ nothing wrong with them. ments were made to the Bill by the Legislative Council:- Sir HENRY BOLTE (Premier and 1. Clause 2, line 21, in the interpretation Treasurer) .-The honorable member of II Inflammable liCl.uid" after "gas" insert for Williamstown is accepting the "or any semi-solid mflammable substance n. amendments on the same basis as I 2. Clause 11, sub-clause (1), paragraph (d), line 14, omit this paragraph. am. 3. Clause 18, line 42, omit " whether gene­ The motion was agreed to. rally or". 4. Clause 25, line 44, omit "whether gene­ rally or". ADJOURNMENT. 5. Clause 26, line 9, omit "quilty" and insert "guilty". MORISONS' PTY. LTD.: PAYMENTS TO 6. Clause 32, line 10, omit "Penalty: FORMER EMPLOYEES - CHRISTMAS $100 .... FELICITATIONS. 7. Clause 32, line 16, omit "Penalty: $100 .... Sir HENRY BOLTE (Premier and 8. Clause 39, line II, omit" contary .. and Treasurer) .-1 move- insert" contrary ". That the House, at its rising, adjourn un­ 9. Clause 39, line 15, omit "transportion .. til a day and hour to be fixed by Mr. and insert "transportation". Speaker, or, if Mr. Speaker is unable to act Adjournment. [8 DECEMBER, 1966.] Adjournment. 2930

on account of illness or other cause, by the building, the contract being entered Chairman of Committees, which time of meeting shall be notified to each member of into as far ·back as 1962. The the House by telegram or letter. building was completed towards the end of 1963. There were The motion was agreed to. many disagreements between the Sir HENRY BOLTE (Premier and Country Roads Board and the con­ Treasurer) .-1 move- . tractors, and 1 think there are still That the House do now adjourn. some outstanding issues. I shall be delighted to examine the suggestion Mr. LOVEGROVE (Fitzroy).-First, made by the Deputy Leader of the 1 desire to apologize to the Deputy Opposition to determine whether or Speaker for some unwitting be­ not I can be of assistance to the haviour on my part to-day when people who have sought his help. in the course of returning volumes of Hansard and individual copies Sir HENRY BOLTE (Premier and of Hansard to the House I crossed Treasurer) .-Now that the formali­ between the Chair and the honor­ ties of the sessional period have able member for Richmond who ended, it is my lot to extend compli­ was addressing the House. I assure ments of the season to everyone. you, Mr. Speaker, and the Deputy On behalf of honorable members Speaker, that I did so without intend­ generally, I tender my compliments ing to contravene the rules of the to you, .Mr. Sp~aker, but temper my House. I desire to apologize to the good WIshes WIth the understanding Deputy Speaker and to the honorable of the particular position that you member for Richmond for my be.. find yourself in at this moment. At haviour, and I give an assurance that this time of the year, and particularly it will not happen again. when it happens to be the prelude to an election year, there is possibly The SPEAKER (Sir William more significance in extending sea­ McDonald).-1 shall convey the sonal greetings. honorable member's remarks to the Deputy Speaker; I am not familiar In the nineteen years that 1 have with the circumstances. been a member of this Parliament even when the sessions have bee~ Mr. LOVEGROVE.-On behalf of particularly hectic, members have the Australian Builders' Laborers somehow been able to reconcile the Federation, I ask the Minister of Pub­ position and face up to the fact that lic Works if he will ascertain whether we have our fights and get them any of the 25 members of that union over; at the same time we respect formerly in the employ of Morisons' one another, even though we hold Proprietary Limited, which company opposing political views and opinions. went into liquidation about the That is the way I feel to-day. I have middle of last year, were engaged every reason to thank honorable ·on a job being undertaken by that company for the Govern­ members for their co-operation and ment, and if they were so em­ understanding and their generosity ·ployed whether he will consider over the past twelve months. The compensating them for wages owing Leader of the Opposition and I have to them from moneys held by the our disagreements, but on personal Public Works Department pending a grounds and on social occasions we .settlement with the legal creditors of meet as friends. Those remarks the company. apply also to the Leader of the Mr. PORTER (Minister of Public Country Party who is represented ·Works) .-The company of Mori­ to-day by the honorable member for sons' Proprietary Limited was a Benambra. These feelings permeate contractor for the Country Roads right through this Parliament and Board, not the Public Works Depart­ extend to the officers at the table, ment, in regard to a laboratory the Hansard staff, the Library staff

\ 2936 Adjournment. [ASSEMBL Y. J Adjournment. and particularly to the Legislative tion. He is now among the ranks of Assembly staff who look after our the great in his home town as well as needs in this Chamber and in our in this House. party rooms. I thank the Hansard staff for the Recently, the Parliamentary Christ­ manner in which they have carried mas dinner was held and I think that out their most exacting duties during function adequately demonstrated the year. We have always enjoyed a the feelings we have towards every­ high standard of service from one connected with this institution. Hansard for which all honorable We wish them all, as we wish our­ members should be grateful. I also selves, a happy and relaxed Christ­ thank the members of the Parlia­ mas, and that the New Year will be mentary staff for their devotion to bright. duty. Perhaps 1966 has not been a It has been an onerous year for good year for the Labor Party, but you, Mr. Speaker, and for your 1967 will be better. That is the spirit Deputy, the honorable member for in which we endorse the remarks of Ivanhoe. I am sure you would wish the Premier, and we do not pull any me to give your Deputy a special punches when they are needed. We mention, because he has had a par­ join with the honorable gentleman in ticularly onerous year, and has conveying to all the Christmas carried out his duties in the way in felicitations. which you would desire him to. Mr. MITCHELL (Benambra).-On I wish everyone a happy Christmas. behalf of the Country Party, I support I almost felt like coming into the the remarks of the Premier and Chamber in a Father Christmas out­ the Leader of the Opposition. I pay fit to-day, but I thought my actions a personal tribute to you, Mr. might have been misinterpreted. Speaker, for the courage and fortitude you have displayed in carrying on in Mr. STONEHAM (Leader of the spite of the nagging pain in the Opposition) .-1 endorse the remarks background. You have the sympathy of the Premier, especially in relation of all honorable members. I join to you, Mr. Speaker. With the deve­ with my colleagues in thanking and lopment of our party system, the conveying to the Parliamentary staffs position of the Speaker becomes more the season's greetings. The Hansard exacting to discharge year by staff, the officers at the table, and the year. You, Sir, have mastered the Library staff and the Refreshment position, and as the result of the con­ Room staff have done magnificent tacts you made at a recent overseas jobs. We must not forget the girls Parliamentary gathering that you in the typing pool and the vital back­ were fortunate enough to attend, no room boys-the cleaners, the electri­ doubt you feel more fortified in the cians and the engineers of this discharge of your duties. House. I support the remarks of the I echo the sentiments of the Premier in relation to the Chairman Premier and the Leader of the of Committees and Deputy Speaker. Opposition in relation to the spirit He rose to the occasion during which has permeated this House. your absence, Mr. Speaker. We Whether the times be easy or difficult, are fortunate to have such a dis­ when we cannot fight tooth, nail and tinguished man in our midst. I refer claw, yet go out and carryon as to the part played by the officers at the table, and I direct atten­ citizens, democracy is dead. From tion to the distinction which the what we see in this House, democracy Clerk of the Parliament, Mr. Robert­ is a long way from being dead. On son, has had bestowed upon him in behalf of my colleagues, I wish every­ being elected president of the one a happy Christmas and many Castlemaine Old Schoolboys Associa- happy returns next year. Death of the HonOTable [14 FEBRUARY, 1967.] Baron David Snider. 2937

The SPEAKER (Sir William MCDonald).-I thank all speakers iJlrgi.alatinr Ctruunril. for the generosity of their remarks regarding my private life. I especially Tuesday, February 14, 1967. thank the Chairman of Committees for his acting on my behalf during the period of my absence. I have The PRESIDENT (the Hon. R. W. heard nothing but praise of him, and Mack) took the chair at 4.51 p.m., I am deeply grateful. I reiterate the and read the prayer. words already expressed by the three previous speakers in regard to the DEATH OF THE HONORABLE magnificent job which he has done .. BARON DAVID SNIDER. We are exceptionally fortunate to be The Hon. L. H. S. THOMPSON favoured with his service. (Minister of Housing) .-By leave, I Whilst I do not propose to mention move- the staff in detail, I know that honor­ That this House places on record its deep regret at the death of the Honorable Baron able members would think me lacking David Snider, one of the members for the if I did not particularly mention the Higinbotham Province, and its keen appre· three table officers by whose endea­ ciation of the valuable services rendered by him to the Parliament and the people of vours this House runs so smoothly. Victoria during his long and honourable That is due much more to their career. efforts than to the efforts of the It came as a great shock to all Speaker. Two of the previous members of this Parliament when speakers have mentioned the unani­ they heard of the sudden death of the mity that has pervaded the House Honorable Baron Snider on the 29th this year, and particularly through­ December, 1966. It was known early out this last sessional period. I in December that he had not been in thought there was an ominous sign the best of health, but, when news when the Government decided to hold was received that he had made a the Christmas dinner a week earlier good recovery, every member con­ than usual. I thought this action was fidently expected that he would have taken against the possibility of there many years of valuable Parlia­ not being complete unanimity within mentary service ahead. this place in the past week. No doubt The Honorable Baron Snider was a the Premier and members of the popular figure both inside and outside Government are relieved to think that Parliament. His affability and his this foreboding has been resolved. keen sense of humour endeared him to his wide circle of friends. He was I took a cue from the Premier. I a highly respected member of the normally invite honorable members Jewish community and also of this to see me privately in my rooms, and Parliament. I think this sprang this year I thought it advisable to do largely from the fact that he gave this a week earlier than usual. My outstanding service in a wide variety forebodings were also without foun­ of fields. He was an expert on dation. I wish honorable members a industrial safety, having rendered happy Christmas and a prosperous conspicuous service with the Kaiser and useful New Year. I endorse the organization of America in the ship­ remarks of the honorable member building industry. for Benambra, and I wish honorable In the year 1959, he represented members many happy returns. the Australian States on the general The motion was agreed to. council of the Commonwealth Par­ liamentary Association at Barbados The House adjourned at 5.38 p.m. in the West Indies. Later in the same Session 1967.-103 2938 "Death of the H ooorable [CQUNcn..] Baron' David- Snider.' . year, he led the Victorian delegation respect and sorrow at his passing. to the Association conference in We mourn the passing of a highly Canberra. In 1962, he was appointed respected friend and colleague. to the Commonwealth Immigration The Hon. J. W. GALBALLY (Mel­ Advisory Council, and in 1963 he led bourne North Province) .-Members the Commonwealth Trade Survey of this House regarded the late Mr. Mission to Israel. Snider with feelings of real affection When I was in Israel last year, I because he was a courteous man, discovered that he had been a driving friendly, almost urbane. He had a force in raising funds for reafforesta­ pleasing voice and demeanour, and tion in that country. He headed the it was plain that members listened Jewish National Fund Committee for responsively when he spoke. the establishment of the Sir Thomas Blamey memorial forest project in Public affairs seemed to come Israel, and more recently he had been easily to Baron Snider. To hear him na tional chairman for the Menzies speak was to feel that he was a man Forest in Israel which was estab­ who had something to say and knew lished in honour of Sir Robert how to say it. As the Minister of Menzies. I think it could accurately Housing has said, he was a student be said that he was one of withal, anxious to learn, and pre­ the persons responsible for building ferred to acknowledge that his point up the very friendly relationships of view was not necessarily the last which exist between the new State of word to be said on any subject. His Israel and our country. politics were humane and pragmatic rather than rigid and doctrinal. Nearer at home, Mr. Snider had Baron Snider was a likeable man. undertaken a wide variety of I felt that his talents were not yet at projects, the most recent being the flood; with his flair for politics, the chairmanship of the Melbourne he had a good deal still to offer the University Sports Appeal Fund. I public life of this State. His death came to know Mr. Snider very well came at a comparatively early age, as my colleague representing Higin­ and it is to be regretted that the botham Province. He was a most Parliament of Victoria has been so conscientious local member; indeed, suddenly deprived of his services. it was his highly-developed sense of Sir PERCY BYRNES (North­ responsibility in this field which I Western Province) .-Members of the believe led him to undertake studies Country Party support the motion at the Law School of the University and wish to express sincere sympathy of Melbourne to enable him more to the relatives of the late Baron adequately to handle legislation in Snider. We all knew him very well. the party room and in Parliament. The impressive record of his services It may well have been this additional mentioned by the Minister of Hous­ strain that he imposed upon himself ing reminds us of the great amount that led to the undermining of his of time he devoted to serving his physical strength towards the end of fellow man not only in Australia but last year; I know that he found it also outside Australia. difficult to return to academic Baron Snider was a very capable studies and combine them with his and courteous man. As Mr. Galbally Parliamentary career. said, he was respected and liked by everybody. It was not pos­ Mr. Snider will be missed from sible to know Baron Snider without this House, and we pay tribute to the having a sincere friendship for him, wide and varied services that he and I think we are all the better for rendered. On behalf of all members having been associated with him. of this House, I wish to extend to He fitted into this Chamber very well. his mother and to his sister our He was not a person who argued for The Han. L. H. S. Thompson. Death of the Honorable [14 FEBRUARY, 1967.]' Baron David Snider. 2939: the sake of argument; he was capable his death was unexpected by himself, of looking at all sides of any subject but, . facing up to this situation, he and not necessarily from the point of carried on as though he were a per­ view which he might have been ex­ fectly healthy, normal person. My pected to support. He had a genuine strongest impression of him was this desire to be well-informed on all sub­ personal courage. I ally myself with jects and was capable of expressing the terms of the motion before the himself on any matter. House. All members who knew the late The PRESIDENT (the Hon. R. Baron Snider feel a sense of personal w. Mack).-Before putting the loss. 1 knew him when he was a motion, I endorse the remarks that member of another place, and 1 en­ have been made by the Minister of joyed many conversations with him Housing, Mr. Galbally, Sir Percy after he was elected to this Chamber. Byrnes, and Mr. Nicol. 1 regarded 1 enjoyed his company, and it is a Baron Snider not so much as a politi­ pleasure to meet people whose com­ cal colleague but as a personal friend, pany one can enjoy. This House and although I did have a close associa­ this State are poorer for his passing. tion with him in the political field. There was the prospect of many As honorable members have said, years of service before Mr. Snider. Baron Snider took an interest in a He had gained much knowledge of wide range of subjects. One of his trade and other complicated prob­ greatest interests concerned the lems by travelling throughout the health of the community, and there world. Not all members have the were few party committees dealing opportunity or the capacity to study with health measures in which he did them as he did. Members with not take an active and important experience such as he had gained are part. 1 particularly recall the keen valuable to the State. His death will interest he took in the establishment be a loss to the business world as of the Poisons Information Centre. 1 well as to the political world. On recall also his absorption in the sub­ behalf of the Country Party, 1 join jects of industrial safety and safety very sincerely in supporting this in the home. All these interests gave motion of condolence. one an appreciation of his humanity and his concern for the welfare of the The Hon. G. J. NICOL (Monash community. I agree that Mr. Snider Province) .-1 desire to add a few may not have shown in this House words about the late Honorable Baron the magnitude of his capacities, and Snider. 1 had particularly close that his death at a comparatively associations with him when he was early age has perhaps robbed the the member of the Legislative State of extremely valuable services. Assembly representing the electoral 1 join in expressing sympathy to his district of St. Kilda, practically family. the whole of which is included in Monash Province. Everything The motion was agreed to in that has been said about him silence, honorable members signify­ is perfectly true. He was a man ing their unanimous agreement by of high ideals and sound prinCiples. standing in their places. A tremendously hard worker, he had great sincerity. With all his ADJOURNMENT. accomplishments and achievements, The Hon. L. H. S. THOMPSON he was a modest man but, more than (Minister of Housing) .-1 move- anything else, his personal courage That the House, out of respect to the was the quality that I most admired. memory of the late Honorable Baron David For some time, he knew that he Snider, do now adjourn until a quarter to was not well, although 1 do not think Eight o'clock this day. he admitted this to more than a few The motion was agreed to. close associates. 1 am not sure that The House adjourned at 5.6 p.m. 2940 Legal A.id (A.mendment) Bill. [COUNCIL.] SubMdinate Legislation Committee.

The PRESIDENT (the Hon. R. W. SECOND-HAND DEALERS Mack) took the chair at 7.50 p.m. (AMENDMENT) BILL. The Hon. R. J. HAMER (Minister LEGAL AID (AMENDMENT) BILL. for Local Government), by leave, The Hon. R. J. HAMER (Minister moved for leave to bring in a Bill to for Local Government), by leave, amend the Second-Hand Dealers Act moved for leave to bring in a Bill to 1958. amend the Legal Aid Act 1961. The motion was agreed to. The motion was agreed to. The Bill was brought in and read a The Bill was brought in and read first time. a first time. SOCIAL WELFARE (DETENTION) STOCK (ARTIFICIAL BREEDING) BILL. (AMENDMENT) BILL. The Hon. L. H. S. THOMPSON For the Hon. G. L. CHANDLER (Minister of Housing), by leave, (Minister of_Agriculture), the Hon. moved for leave to bring in a Bill to L. H. S. Thompson (Minister of amend section 46 of the Social Housing), by leave, moved for leave Welfare Act 1960. to bring in a Bill to amend section 13 The motion was agreed to. of the Stock (Artificial Breeding) Act 1962, and for other purposes. The Bill was brought in and read a first time. The motion was agreed to. The Bill was brought in and read LOCAL GOVERNMENT a first time. (AMENDMENT) BILL. The Hon. R. J. HAMER (Minister REPRESENTATION OF for Local Government), by leave, HIGINBOTHAM PROVINCE. moved for leave to bring in a Bill to The PRESIDENT (the Hon. R. W. amend the Local Government Act Mack) announced that he had issued 1958, and for other purposes. a writ for the election of a member The motion was agreed to. to serve for Higinbotham Province, The Bill was brought in and read in the place of the Honorable B. D. a first time. Snider, deceased.

PRINTERS AND NEWSPAPERS SUBORDINATE LEGISLATION (AMENDMENT) BILL. COMMITTEE. The Hon. V. O~. DICKIE (Minister The Hon. L. H. S. THOMPSON of Health), by leave, moved for leave (Minister of Housing) (By leave).- to bring in a Bill to amend Part I. of 1 move- the Printers and Newspapers Act That the Honorable Kenneth Samuel 1958. Gross be appointed a member of the Sub­ The motion was agreed to. ordinate Legislation Committee. The Bill was brought in and read The motion was agreed to. a first time. SOCIAL WELFARE (DETENTION) LABOUR AND INDUSTRY BILL. (EQUAL PAy) BILL. The Hon. L. H. S. THOMPSON The Hon. J. W. GALBALLY (Mel­ (Minister of Housing) .-1 move- bourne North Province) .-1 move- That this Bill be now read a second time. That the second reading of the Labour and Industry (Equal Pay) Bill be made an This Bill is designed to overcome an Order of the Day for the next day of apparent clash between two sections meeting. of the Social Welfare Act of 1960. The motion was agreed to. Sub-section (2) of section 46 that Legal Aiel. [14 FEBRUARY, 1967.] (Amendment) Bill. 2941'

Act provides that, on the recom­ This Bill sets out to amend the Legal mendation of the Adult Parole Aid Act of 1961 in two respects. Board or the Director-General of Under that Act, the legal profession Social Welfare, the Minister may as a whole-on a voluntary basis­ direct the transfer of any young seeks to make its contribution to the person imprisoned in gaol to a aid of people in the community who youth training centre, when it is have difficulty in affording the deemed appropriate and desirable to services of the profession. This do so. However, often a further involves the participation both of charge arises in respect of a person firms of solicitors and of barristers so transferred-perhaps arising out of who, under the scheme, give their a breach of probation-and the pro­ services and are paid a proportion of visions of section 46 of the Act then their costs, depending on what can apply. This section provides that no be collected through the fund estab­ young person who is convicted of any lished for this purpose. offence while he is serving a term of imprisonment of more than three The process involves, first, an inter­ months, or of an offence committed view of the prospective applicant for whilst he is on parole from gaol legal aid to determine whether he has pursuant to the provisions of Part any sort of case and, secondly, a IV. of the Crimes Act, shall be consideration of his financial posi­ sentenced to detention in a youth tion, because under the scheme he training centre for any such offence. makes whatever contribution he can towards the costs of his particular In the view of the Crown Solicitor, legal matter, even though he cannot the fact that the offender has been meet the full costs. The other transferred from gaol to a youth sources of funds are the successful training centre does not change the actions prosecuted on behalf of the sentence of imprisonment into one of applicants: detention in a youth training centre. Therefore, although the Director­ Under the principal Act, the Legal General of Social Welfare or the Aid Committee comprises four mem­ Adult Parole Board may make such a bers and, under section 3, three recommendation, and on hearing the members form a quorum. Two subsequent offence the court may members of the committee are desire to sentence the youthful appointed by the Victorian Bar offender to a further period in the Council and two by the Council of youth training centre, it is debarred the Law Institute of Victoria. A from doing so. All that the amend­ quorum of three members causes ment does is to make it clear that some difficulties because, since its when the court desires to sentence a inception, this committee has been young person who is in a youth overworked-it has much to do in training centre to a further period of determining applications for aid. detention there, it is free to do so. The Legal Aid Committee has done I commend the Bill to the House. comprehensive and conscientious On the motion of the Hon. ARCHI­ work, but because of the long hours BALD TODD (Melbourne West Pro­ of work entailed and the amount of vince), the debate was adjourned. business to be transacted, the com­ mittee is finding this activity a severe It was ordered that the debate be strain, particularly as the services of adjourned until the next day of meet­ its members are voluntary. ing. The intention of the Bill is to LEGAL AID (AMENDMENT) BILL. double the membership of the Legal The Hon. R. J. HAMER (Minister Aid Committee from four members for Local Government) .-1 move­ to eight members, and it is proposed That this Bill be now read a second time. that the quorum shall remain at three 2942 Printers and Newspapers [COUNCIL.] (Amendment) Bill. members. This will allow the com­ require a person who prints any mittee, if necessary, to sit in two paper or book to print thereon his divisions each of three members; it name and address. The amendment will enable the committee to under­ proposed is to add an interpretation take more work or, alternatively, section to follow section 10 of the the members will not be called upon principal Act to read as follows:- to attend meetings so often. The lOA. For the purposes of sections 5, 7 House will find that this is a reason­ and 8 of this Act "to print" and any derivatives thereof includes reference to able provision to meet the large printing typewriting lithography photog­ volume of work that the committee raphy and any other mode of representing must undertake. or reproducing words in a visible form. The second provision of the Bill From time to time cases come to the provides for the distribution of notice of the police of pamphlets moneys by the committee among the being produced by a duplicating participating counsel and practi­ process and being dispersed to the tioners. Section 9 of the principal public without bearing the printer's Act now provides for an annual name and address as required by the distribution of the total of all costs Act. Legal action has not been taken received or recovered by the com­ against persons producing such pam­ mittee and all moneys paid by phlets because it has been considered assisted persons towards costs. that a decision of the Full Court of These moneys are divided on a pro New South Wales in 1932 in Rex v. rata basis and a dividend is paid once Banks would be followed in Victoria a year. Representations have been and the prosecution would neces­ made that this is a little harsh, as sarily fail. In that case, the defendant there are many disbursements to be was charged under the New South made, and that the delays involved Wales law with having dispersed a in the annual distribution are ex­ pamphlet upon which the name and cessive and unfair. It has been address of the printer were not decided that the committee is capable printed. The writing on the pam­ of making a distribution every six phlets was produced by a method months, and the second part of the known as the " Roneo "process. The Bill will make this possible. court held that the production of The purpose of the Bill is thus two­ writing by the "Roneo " process was fold-to double the size of the com­ not printing. mittee and to make a distribution There is no logical reason why the twice a year from the fund to the persons producing such publications participating practitioners-and I should be exempt from the provisions commend it to the House. of the Act, and in order to bring the various processes of producing pam­ On the motion of the Hon. phlets and papers within the control ARCHIBALD TODD (Melbourne of the provisions of the Act requiring West Province), the debate was a printer of a pamphlet to print his adjourned. name and address on printed matter, It was ordered that the debate be clause 2 of the Bill proposes the adjourned until the next day of insertion of a new section which pro­ meeting. vides that typewriting, lithography, photography and any other mode of PRINTERS AND NEWSPAPERS reproducing words in a visible form (AMENDMENT) BILL. shall be printing. The measure is The Hon. V. O. DICKIE (Minister brief, and I commend it to the House. of Health) .-1 move- On the motion of the Hon. J. That this Bill be now read a second time. M. WALTON (Melbourne North This is a brief Bill to amend the Province), the debate was adjourned. Printers and Newspapers Act 1958 in It was ordered that the debate be so far as the provisions of that Act adjourned until Tuesday, February 21. IJeath of the Honorable [14 FEBRUARY,. 1967.] Baron David Snider. 2943

ADJOURNMENT. Although it may be somewhat un~ The Hon. L. H. S. THOMPSON usual fQr a motion of sympathy to be (Minister of Housing) .-By leave, I moved in this House in respect of an move- honorable member who was serving That the Council, at its rising, adjourn in another place, I believe this pro­ until Tuesday, February 2l. cedure to be fully justified, because the late Baron Snider was a member The motion was agreed to. of the Legislative Assembly for nine The House adjourned at 8.24 p.m. years and then immediately after-· until Tuesday, February 21. wards served in another place for a further two years until his death. In all probability members of this House would have known the late Baron Snider even better than his colleague~ in another place. I am sure that you, iltgislatittt i\sstwbly. Mr. Speaker, together with the Leader of the Opposition, the Leader Tuesday, February 14, 1967. of Country Party and other honorable members, would wish to express sympathy at his passing. The SPEAKER (Sir William McDonald) took the chair at 4.7 When he was a member of this p.m., and read the prayer. House, he proved on all occasions to be always on the job. At times he may have seemed a little intense DEATH OF THE HONORABLE about matters he liked to discuss. BARON DAVID SNIDER. He specialized in some subjects, and Sir HENRY BOLTE (Premier and he was a bane to myself when speak-" Treasurer) .-1 move- ing on the topic of home safety, a That this House expresses its sincere subject about which generally the sorrow at the death of the Honorable Baron average member gave little thought. David Snider, and places on record its I assure honorable members that acknowledgment of the valuable services Baron Snider gave a great deal of rendered by him to the Parliament and the people of Victoria as member of the Legisla­ consideration to the many matters he tive Assembly for the electoral district of discussed. He was one of the St. Kilda from 1955 to 1964; and as member of the Legislative Council for the Higin­ leaders of the Jewish community in botham Province from 1964 to 1966. Melbourne. In fact, 1 believe that in the Jewish community his influence The Honorable Baron David Snider as a member of Parliament was pro .. was elected first to the Legislative Assembly at the general election of found, and I have no doubt it had· 28th May, 1955, for the electoral and will continue to have a bearing district of St. Kilda. He retained on the way in which members of all this seat until the 12th May, 1964, religious denominations mix and when he resigned and contested the on the improved relationships that Legislative Council Province of Higin­ have emerged between them over the botham. He retained this seat until years. his death on the 29th December, 1966. The Honorable Baron David I feel that I have suffered a per­ Snider was a member of the Com­ sonal loss because I had become very mittee of Public Accounts from 1958 attached to the late Baron Snider. I to 1961. He was a Temporary have known his mother for many Chairman of Committees of the years, and 1 have had occasion to Legislative Assembly from 1961 to visit his sister, who lives in San 1963, and a member of the joint Francisco, on every occasion on which Subordinate Legislation Committee I have passed through that city. On from 1964 to 1966. behalf of the Government and my 2944 Death of the Honorable [ASSEMBLY.] Baron David Snider. party, I should like to convey to his motion and to express their regret at mother, sister and family, our con­ the passing of the late Baron Snider. dolences on the occasion of the sad We all knew him as a person with a and sudden death of our late col­ very happy disposition. At all times league. he had a broad smile on his face and was always ready to pass the time Mr. STONEHAM (Leader of the of day and exchange experiences with Opposition) .-On behalf of the Oppo­ members who had a moment to spare. sition, I desire to support the motion Our late friend was a person whom before the Chair. I am sure that the members were pleased to meet in the late Baron Snider will long be remem­ corridors of this building. In debate, he bered by us as a well-informed Par­ was extremely fair and, although liamentarian who always took the he was very searching in his consider­ trouble of carefully marshalling his ation of the various subjects he facts before he spoke, with the result debated, the Country Party always that he always commanded the atten­ felt that he gave due weight and con­ tion of those he was addressing. Our sideration to the points of view of late colleague who, as the Premier others-a most important attribute of stated, had a remarkable personality, any politician. We shall certainly made a close study of political affairs miss him from the precincts of this and public administration. One of House. I endorse the remarks so ably his fine attributes was the fact that voiced by the Premier and the Leader he possessed a strong sense of of the Opposition. humour, which is a great asset to any politician. He was a very Mr. TANNER (Ripponlea).-I friendly man, and I am sure he had should like to pay my tribute to the the respect of the members of all memory of the late Honorable Baron parties in this Parliament. Snider, who was a close friend of mine from our early youth. At all The late Baron Snider was a sin­ times, he carried himself in a manner cere humanitarian whose main pur­ which won the respect of everyone. pose in life, as I saw it, was a desire In thinking of our late colleague, I to help those persons who were less am reminded of these words- fortunate than himself. He was To every man there opens actively associated with a number of A high way and a low, charitable and welfare organizations And the high soul takes the high way, having general application throughout And the low soul takes the low; the community, and, as the Premier And in between on the misty flats, The rest drift to and fro; mentioned, he was also associated in But to every man there opens a leading way with such activities A high way and a low, within the Jewish community. I have And every man decides himself heard distinguished Jewish leaders The way his soul will go. say that the wide scope of his human­ The Honorable Baron Snider chose itarian spirit was a tradition that he the high way, and that is why we in had inherited from his parents. I, this House to-day pay our respects to too, regarded him as a personal friend, the memory of a fine gentleman. and I shall certainly miss him from the precincts of this Parliament. I' Mr. DIXON (St. Kilda).-As the have no doubt that his passing con­ member who has been privileged to stitutes a loss to Parliament and to succeed the Honorable Baron David Victoria. I support the remarks of Snider in this House, I should like to the Premier, and express my sym­ support this motion on behalf of my­ pathy to his mother and the other self personally, and of all the people members of his family. of the St. Kilda electorate. All honorable members are familiar with Mr. B. J. EVANS (Gippsland East). John Donne's words- -Members of the Country Party wish Any man's death diminishes me, because to associate themselves with this I am involved in mankind. Death of the Honorable [14 FEBRUARY, 1967.] Baron David Snider. 2945

These words are certainly true in the worked hard on his Parliamentary case of the late Baron Snider, because duties. Like other members of the he was a distinguished man, a man of House, I shall long remember him. great dignity and a man of great sensitivity, helped by a great sense of The SPEAKER (Sir William humour; he was also a man who was McDonald).-1 believe that, if time able to play his part in the world of permitted, every member of the politics, but, above all, he was a man House would like to make some of great courage. He was a public personal remarks concerning the late servant. He served his family, the Baron Snider. Because this is imprac­ Jewish community, the electorate of ticable, it has therefore become the St. Kilda, and, indeed, Victoria and practice that on occasions such as Australia as a whole in the many this, I attempt to express the thoughts humanitarian pursuits in which he of those members who do not speak engaged himself. I mourn his passing to the motion. Every member of deeply and, on behalf of his friends the House will join the Premier and constituents in St. Kilda, I should in expressing sympathy to Baron like to extend my deepest sympathy Snider's family. Baron Snider was to his family. a remarkable man; he was remark­ able in the breadth of his interests Dr. JENKINS (Reservoir).-Brief­ not only in Australia, but also in the ly, I should like to support the ex­ United States of America and in pressions of sympathy voiced by Israel. In the early stages of the other honorable members. Shortly second world war he saw fit to join after I was first elected to this the Kaiser works in the United States Parliament, I found that the late of America, and he became respon­ Baron Snider and I had many sible for industrial safety there. From common interests in legislation that that activity stemmed his interests in came before the House and other the subject of safety in both the home matters that were discussed. It was and the industrial sphere in Australia. always a pleasure to meet him The honorable member for privately and talk to him about these Reservoir mentioned Baron Snider's matters and find what a deep and interest in law. There are very few sympathetic knowledge he had of members of Parliament who, in the human problems, just as it was a more mature years of their Parlia­ delight to sit in the House and debate mentary career, see fit to study such these matters with him. I came to a subject as law with a view to taking respect our late colleague greatly. out a degree. Baron Snider studied, not only at Australian universities, During the past two or three years, but also at the universities of the late Baron Snider and I both Stanford and California in the United found a common interest and some States of America. His range of humour in studying legal subjects, activities was wide. He was formerly and this caused a good deal of a member of the Elwood High " chiaking" between us, but it was School Advisory Council, and he was always good natured and always a leader in the scout movement. He pleasant. Possibly, I knew a little also took a close interest in ballet. better than other honorable members He has left a great number of friends the difficulties which our late col­ amongst those associated with all of league had with his health in recent those interests. years. Whilst I was not his medical Baron Snider was a member adviser, he used to confide in me. of the Jewish National Fund. I know the courage he showed in I met him in Israel last winter, carrying on his job despite the worry and I also met many of the concerning his health. He was a men who were associated with him good humoured man and one who in the Jewish national movement. 2946 Adjournment. [ASSEMBLY.] Pipelines Bill.

With him, I inspected the Moshav PIPELINES BILL. which this State has established in For Sir HENRY BOLTE (Premier Israel. In company with him and and Treasurer), Mr. Rylah (Chief his friends I traversed Israel from one Secretary) , by leave, moved for leave end to the other, and I know the to bring in a Bill to enable ownership tremendous respect in which he was held in Israel as well as in this and use and the construction, country. For those reasons and maintenance and operation of pipe­ because of close friendships and the lines in Victoria, and for other pur­ personal memories of him which we poses. all retain, all honorable members The motion was agreed to. extend their deepest sympathy to Baron Snider's family. The Bill was brought in and read The motion was agreed to in a first time. silence, honorable members signify­ ing their unanimous agreement by standing in their places. THE GEE LONG GAS COMPANY'S BILL. ADJOURNMENT. For Sir HENRY BOLTE (Premier Sir HENRY BOLTE (Premier and and Treasurer), Mr. Rylah (Chief Treasurer) .-1 move- Secretary), by leave, moved for leave That, as a further mark of respect to the to bring in a Bill to amend The memory of the late Honorable Baron David Geelong Gas Company's Act 1858, Snider, the House do now adjourn until half-past Five o'clock this day. and for other purposes. The motion was agreed to. The motion was agreed to. The House adjourned at 4.25 p.m. The Bill was brought in and read a first time. The SPEAKER (Sir William McDonald) took the chair at 5.35 p.m. FRIENDLY SOCIETIES LEAVE OF ABSENCE. (INVESTMENT) BILL. Mr. RYLAH (Chief Secretary).­ Mr. RYLAH (Chief Secretary), by By leave, I move- leave, moved for leave to bring in a That leave of absence for the remainder Bill to amend section 17 of the of the session, on account of illness be Friendly Societies Act 1958. granted to Richard John Gainey, Esq., M.B.E., the honorable member for The motion was agreed to. Elstemwick. The motion was agreed to. The Bill was brought in and read a first time. PIPELINES (SUBMERGED LANDS) BILL. COUNTRY FIRE AUTHORITY For Sir HENRY BOLTE (Premier (PROSECUTIONS) BILL. and Treasurer), Mr. Rylah (Chief Secretary) , by leave, moved for leave Mr. RYLAH (Chief Secretary), by to bring in a Bill to regulate the con­ leave, moved for leave to bring in a struction and operation of pipe-lines Bill to amend the Country Fire in, under and over the sea-bed Authority Act 1958 in relation to and subsoil adjacent to the coasts of prosecutions under Division 3 of Part the State of Victoria, and for other III. of that Act. purposes. The motion was agreed to. The motion was agreed to. The Bill was brought in and read a o The Bill was brought in and read a first time. first time. The Oonstitution Act [14 FEBRUARY, 1967.] Amendment (Electoral) Bill. 2947

ZOOLOGICAL GARDENS BILL. should be paid. When the legislation Mr. RYLAH (Chief Secretary), by relating to the conjoint election was leave, moved for leave to bring in a passed, it was the intention of Par­ Bill relating to the administration liament and the Government that and control of the Zoological Gardens the existing members should be paid and for purposes connected there­ to the end of their term when the with. new members would take over. Apparently, the experts have dis­ The motion was agreed to. covered a problem with regard to this, and it is hoped that this problem The Bill was brought in and read a first time. is being cleared up once and for all. The Bill also deals with some problems regarding the reprinting of POLICE OFFENCES (OBSCENE rolls when there is to be a by­ PUBLICATIONS) BILL. election for an electorate which is Mr. RYLAH (Chief Secretary), by to be abolished under a redistribution leave, moved for leave to bring in a scheme, as is the case at present Bill to amend Part v. of the Police with regard to the Higinbotham Offences Act 1958. Province. The problem in regard to The motion was agreed to. that by-election has now been over­ come, but there is a doubt as to The Bill was brought in and read whether or not the problem will a first time. remain when the conjoint election takes place. POLICE REGULATION The third problem is that which (PENSIONS) BILL. arose before Mr. Justice Gowans Mr. RYLAH (Chief Secretary), by when proceedings were taken in con­ leave, moved for leave to bring in a nexion with some "how to vote" Bill to amend the Police Regulation cards which were alleged to be a Act 1958. fraud on a particular party. This is a problem that all recognized parties The motion was agreed to. face, and the Government is putting The Bill was brought in and read forward a proposal for consideration a first time. by the House which will at least clear up one point which worried Mr. Justice Gowans, namely, the THE CONSTITUTION ACT right of the person who appeared AMENDMENT (ELECTORAL) BILL. before the court to take proceedings Mr. RYLAH (Chief SecretarY).-By for an injunction. I thought the leave, I move- Leader of the Opposition had been That I have leave to bring in a Bill to told about this Bill. amend The Constitution Act Amendment Act 1958 with respect to the conduct of elections. Mr. STONEHAM.-It is not on the list I have. Mr. STONEHAM (Leader of the Opposition).-I should like the Chief The motion was agreed to. Secretary to indicate the purpose of The Bill was brought in and read this Bill. a first time. The SPEAKER (Sir William McDonald).-No debate is allowed SUPREME AND COUNTY COURTS on this question. (SITTINGS) BILL. Mr. RYLAH (Chief Secretary).­ Mr. RYLAH (Attorney-General).­ The purpose of this Bill is to clear By leave, I move-- up a technical doubt as to whether That I have leave to bring in a Bill to members elected at a conjoint make provision with respect to the places election before the expiry of the term "and d"ays for the holding of the Supreme Court and the County Court, and for other of the members they are replacing purposes. 2948 Melbourne University [ASSEMBLY.] (Amendm,ent) Bill.

.This Bill has become necessary RICHMOND (SOUTH-EASTERN because the Government proposes to FREEWAY) LANDS BILL. ·move the Supreme Court from Mr. BALFOUR (Minister of Horsham and re-establish it at Lands), by leave, moved for leave Ararat for a short period while the to bring in a Bill relating to certain court-house at Horsham is being re­ lands in the cities of Richmond and built. Apparently, the technical Prahran. people who advise the Government ,on these matters say that there are The motion was agreed to. .some difficulties associated with the The Bill was brought in and read moving of a court from one place a first time. to another for a temporary period. So, in general terms, it is proposed REVOCATION AND EXCISION OF .to provide for this if a similar CROWN RESERVATIONS BILL situation occurs. (No.2). The motion was agreed to. Mr. BALFOUR (Minister of Lands), by leave, moved for leave to The Bill was brought in and read bring in a Bill to revoke the a first time. permanent reservation of certain lands, and for other purposes. MELBOURNE UNIVERSITY (AMENDMENT) BILL. The motion was agreed to. The Bill was brought in and read . Mr. BLOOMFIELD (Minister of a first time. Education), by leave, moved for leave to bring in a Bill to amend the TULLAMARINE FREEWAY LANDS Melbourne University Act 1958. BILL. The motion was agreed to. Mr. BALFOUR (Minister of The Bill was brought in and read Lands), by leave, moved for leave to a first time. bring in a Bill relating to certain lands in the Parish of Jika Jika and EDUCATION AND TEACHING the Parish of Doutta Galla. SERVICE (AMENDMENT) BILL. The motion was agreed to. Mr. BLOOMFIELD (Minister of The Bill was brought in and read Education), by leave, moved for leave a first time. to bring in a Bill to amend the Education Act 1958 and the Teaching LAND (AMENDMENT) BILL. Service Act 1958, and for other Mr. BALFOUR (Minister of purposes. Lands), by leave, moved for leave to bring in a Bill to amend the Land The motion was agreed to. Act 1958 and section 26 of the Closer The Bill was brought in and read Settlement Act 1938, and for other a first time. purposes. The motion was agreed to. DOWLING FOREST RACECOURSE LANDS BILL. The Bill was brought in and read a first time. Mr. BALFOUR (Minister of Lands), by leave, moved for leave to WATER (AMENDMENT) BILL bring in a Bill relating to certain (No.2). lands in the Parish of Dowling Forest Mr. DARCY (Minister of Water in the County of Ripon granted to Supply), by leave, moved for leave trustees for the purposes of a race­ to bring in a Bill to amend the Water course, and for other purposes. Act 1958, and for other purposes. The motion was agreed to. The motion was agreed to. The Bill was brought in and read The Bill was brought in and read a first time. a first time. New Melbourne [14 FEBRUARY, 1967.] Oemetery Lands Bill. 2949

DANDENONG VALLEY This measure is introduced to enable AUTHORITY (AMENDMENT) BILL. the Crown to complete the acquisi­ Mr. DARCY (Minister of Water tion of certain land in the Parish of Supply), by leave, moved for leave Will-Will-Rook, County of Bourke, to bring in a Bill to amend the which is to be used for extensions to Dandenong Valley Authority Act the New Melbourne Cemetery at 1963. Fawkner. The land comprises two separate areas---one of approximately The motion was agreed to. 103 acres some little distance to the The Bill was brought in and read north-west of the existing cemetery a first time. reserve as shown hatched and cross­ hatched on the plan in the First Schedule of the Bill; and the other of NEW MELBOURNE CEMETERY approximately 10 acres adjoining the LANDS BILL. western boundary of the cemetery Mr. ROSSITER (Minister of Immi­ reserve as shown hatched and cross­ gration), by leave, moved for leave hatched in the Second Schedule. to bring in a Bill to provide for the acquisition by the Crown of certain Proceedings to acquire all this land land in the Parish of Will-Will-Rook were commenced in 1948 and notices near the New Melbourne Cemetery, to treat were issued to individual and for the permanent reservation of owners where they were known and the said land with other land as a to the owner of the Gowrie Park site for a public cemetery, and for Estate in respect of the remainder of other purposes. the area where it could not be ascer­ tained definitely that a sale agree­ The motion was agreed to. ment had been entered into. Follow­ The Bill was brought in and read ing the issue of these notices to treat, a first time. the Crown Solicitor, acting on behalf of the Department of Health, com­ menced proceedings to obtain title on CO-OPERATIVE HOUSING behalf of the Crown of the various SOCIETIES (INDEMNITIES) parcels of land covered by the BILL. notices. Over subsequent years, the Mr. ROSSITER (Minister of Immi­ Crown Solicitor was able to arrange gration) presented a message from for the transfer of all but four indi­ His Excellency the Governor vidual lots of land. The person recommending that an appropriation whose name is recorded in the Titles be made from the Consolidated Office as the registered owner of Revenue for the purposes of a Bill these four lots is a Mrs. E. V. Hooper to amend section 76 of the Co­ who had some associations with operative Housing Societies Act Gowrie Park Proprietary Limited, the 1958. subdividers of the Gowrie Park A resolution in accordance with Estate. Mrs. Hooper subsequently re­ the recommendation was passed in married and became Mrs. E. V. Committee and adopted by the Honour. House. However, no action was taken by On the motion of Mr. ROSSITER the Crown Solicitor to obtain title to (Minister of Immigration), the Bill the roads within both the areas or to was brought in and read a first time. areas of land within the boundaries shown in the First Schedule­ NEW MELBOURNE CEMETERY formerly part of the Gowrie Park LANDS BILL. Estate-which in the plan of sub­ Mr. ROSSITER (Minister of Immi­ division were reserved for drainage, gration).-I move- sewerage and plantation purposes. That this Bill be now read a second time. These areas are registered in the 2950 . New· ·Melbourne . [ASSEMBLY.] ... Oemetery Lands ·Bill .

name of the Broadmeadows City the Cemeteries Act 1958. Part of the Council in one case and the original land to be transferred to the Crown subdivider of the land, Gowrie Park and granted in trust to the New Proprietary Limited, as to the re­ Melbourne Cemetery is an area held mainder. The company known as in the name of the Broadmeadows Gowrie Park Proprietary Limited City Council as a reservation for a became defunct on the 27th Novem­ park. It is understood that this ber, 1957. reservation was sought by the council only in case the acquisition Representations were recently by the Crown of the whole area for made to the Department of Health cemetery purposes was not pro­ by various members of Parliament on ceeded with and the surrounding land behalf of the City of Broadmeadows was sold for residential purposes. and local residents that the Govern­ The council raises no objection to its ment should complete the acquisition reversion to the Crown for use as a of the land as soon as possible so that cemetery. it may be transferred to the trustees of the New Melbourne Cemetery in The· rights of any persons to com­ order that this Trust can negotiate pensation in respect of the land with the City of Broadmeadows in shown cross-hatched and marked accordance with the provisions of " A" in the First Schedule are pre­ section 7 of the Cemeteries Act 1958, served. The Crown Solicitor has in regard to the cost of making the stated that, in view of the length of roads which surround the perimeter time since the acquisition was first of the land covered by the commenced, it would be desirable to acquisition. re-commence any action to acquire this land. Clause 4 of the Bill also After considerable investigation by includes a machinery measure direct­ the Crown Solicitor, the Department ing the surrender and alteration of was advised that it would take any certificates of title in respect of some considerable time for the title the land covered by the legislation. of the land comprising the roads in I commend the Bill to the House. the particular reserves to be con­ On the motion of Mr. WILTON veyed to the Crown if normal pro­ (Broadmeadows), the debate was cesses were followed. In view of the adjourned. fact that it is desired to finalize the matter as quickly as possible, so that It was ordered that the debate be the question of road construction adjourned until Tuesday, February may be handled by the trustees, the 21. Crown Solicitor has recommended that it be resolved by legislation. DOWLING FOREST RACECOURSE LANDS BILL. The Bill provides for the transfer The Order of the Day for the to the Crown of the whole of the land second reading of this Bill was read. within the boundaries shown in the First and Second Schedules of the The SPEAKER (Sir William Bill, with the exception of the bed, McDonald).-I have examined this soil and banks of the Merlynston Bill, and am of the opinion that it is creek which is already vested in the a private Bill. Melbourne and Metropolitan Board of Mr. BALFOUR (Minister of Lands). Works under the Melbourne and -By leave, I move- Metropolitan Board of Works Act That all the private Bill Standing Orders 1958. After the transfer of the whole. be dispensed with, and that this Bill be area is completed under these pro­ treated as a public Bill. VISIons, it will be permanently The motion was agreed to. reserved and granted in trust as part Mr. BALFOUR (Minister of Lands). of the New Melbourne Cemetery -I move- under the provisions of section 60 of That this Bill be now read a second time. Mr. Rossiter. Dowling Forest Racecourse [14 FEBRUARY,· 1967.] Lands Bill. 2951

As the short title to the Bill implies, by the trustees of the Ballarat Turf the land under consideration forms Club, and, except for an area of 14 portion of Dowling Forest racecourse acres 3 roods 29 perches required for in the Ballarat district, and it is with railway purposes, has been so held the object of furthering the interests ever since. of racing in that locality that this proposed legislation is submitted for The construction of the railway the consideration of honorable mem­ which runs through the northern part bers. Representations were made to of the racecourse land was author­ the Lands Department by the trustees ized by the Railway Construction o.f the Ballarat Turf Club that they Acts of 1880 (No. 682) and 1884 be empowered to provide freehold (No. 821). The land remaining in titles for racehorse trainers desiring the original Crown grant is currently to set up residences and training held by the trustees in freehold facilities in close proximity to the certificate of title volume 3309 racecourse. folium 735, but, of course, the pro~ visions of the original grant still hold Departmental inquiries disclosed good. that this could be done only by special legislation, and, with the In view of changed conditions in object of making honorable members recent years in regard to horse-racing conversant with the position, I shall in the Ballarat district as a result of now provide some details relating to the merger of the Ballarat Miners the original Crown grant, from which, Turf Club and the Ballarat Turf Club, I trust, the requirement for the pro­ racing and training activities are now posed legislation will be recognized. centred at the Dowling Forest course, The 36 acres to which the Bill refers and the trustees have sought to be is indicated by black hatching on the authorized to provide racehorse plan included in the schedule of the trainers with freehold sites on parts Bill and comprises part of an area of of the racecourse area, to enable about 486 acres which was sought by residences with stabling facilities to the citizens of Ballarat as a site for a be established adjacent to the race racecourse as far back as 1855. The track. area was temporarily reserved for Advice received from the Crown that purpose in 1865, and on later Solicitor has disclosed that the representations by the racecourse trustees could not be authorized to trustees, who desired to obtain a sell the land for that purpose with­ title to the land, it was offered for out enabling legislation being passed. sale by auction at Ballarat on 8th As it was considered that the areas April, 1872. sought could be sold without detri­ One of the conditions of sale set ment to use of the balance of the out that the purchaser of the land land as a racecourse, the representa­ would be required to hold the land in tions of the trustees were viewed trust for the trustees of the Ballarat favorably in principle by the Lands Turf Club as a racecourse for the Department, but it was felt that, if purposes of racing only, and it the trustees were to be empowered appears that, because of this restric­ to sell parts of the racecourse area tive clause in the co.nditions of sale, freed from the conditions of the the upset price was fixed at £1 lOs. original Crown grant, a reasonable ($3) per acre. Departmental records monetary adjustment should be paid indicate that this figure is well to the Crown by the racecourse below the average price which trustees for the privilege. would have been sought by the Crown for the land if offered for sale Departmental investigations into on an ordinary freehold basis. In the circumstances of the 1872 sale the circumstances it was not unex­ indicated that, because of the re­ pected that the land was purchased stricted nature of the Crown grant, 2952 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill. the price of £1 lOs. per acre fixed for it is not possible to sell the land. that sale was well below the figure of Clause 5 authorizes the trustees £5 per acre assessed at that time as to sell and transfer in fee-simple the selling price of the land as or lease the whole or any part of ordinary freehold. Taking into con­ the land comprised in the new Crown sideration land values then and now, grant. it has been estimated that the present­ Clause 6 provides that moneys day equivalent of the margin of derived from such dealings shall be £3 lOs. per acre between those two used in the maintenance and improve­ values would be approximately ment of the main racecourse area. $90 per acre, and it was deemed It will be seen that the main aim of reasonable that in the public interest the Bill is to provide that two a sum based on that figure should bel indica ted areas of 17 and 19 acres paid to the State by the trustees for shall be excluded from the original an ordinary Crown grant in fee-simple Crown grant and that, subject to pay­ covering the area of 36 acres. ment of $3,240 to the State by the The total monetary adjustment to racecourse trustees, they will be be paid by the trustees to enable issued with an ordinary freehold them to proceed with their project Crown grant of the 36 acres for sub­ has therefore been assessed at $3,240, sequent sale by the trustees as they and the trustees have agreed to pay think fit. 1 commend the Bill for the this amount. favorable consideration of the House. Clause 1 of the Bill recites the On the motion of Mr. WILTON short title. Clause 2 makes provision (Broadmeadows), the debate was for revocation of the temporary adjourned. reservation of 4th September, 1865, which should have been revoked prior It was ordered that the debate be to the land being sold on 8th April, adjourned until Tuesday, February 1872. Clause 3 provides that the area 21. of 36 acres shall be excluded from the original Crown grant and sub­ RICHMOND (SOUTH-EASTERN sequent certificate of title, and that, FREEWAY) LANDS BILL. after survey of the land as described Mr. BALFOUR (Minister of generally in the schedule, and pay­ Lands) .-1 move-- ment of the monetary adjustment of That this Bill be now read a second time. $3,240, together with the required fees, it is to be granted in fee-simple The Melbourne and Richmond Lands to the trustees of the Ballarat Turf Act 1959, No. 6542, made provision Club. for parts of certain Crown reserva­ tions in the cities of Melbourne and Clause 4 sets out that the trustees Richmond to be used in connexion may use moneys derived from the with the construction of stage one racecourse land to make the pay­ of the Melbourne Main Highway ments required to obtain the new known as the South-Eastern Freeway, Crown grant. extending from Batman-avenue, at Mr. SToNEHAM.-Would the the Morell bridge in the City of ownership of the land pass from the Melbourne, to a point near Loyola­ trustees? grove adjacent to Richmond Park in Mr. BALFOUR.-Only when they the City of Richmond. sold it to a racehorse trainer. The Melbourne and Metropolitan Mr. SToNEHAM.-Would it be sold Board of Works now proposes to rather than leased to the trainer? continue with the construction of the Mr. BALFOUR.-I should imagine second stage of the freeway from a that a freehold title to the land would point west of Burnley-street in the be sought. At this stage, of course, City of Richmond to a location Richmond (So'l,d,h-Eastern [14 FEBRUARY, 1967.] Freeway) Lands Bill. 2953 adjacent to Toorak-road. near excision from the reserves of areas Auburn-road, in the City of Prahran. up to a maximum of 10 acres to be In addition to sections of unalienated defined in survey plans signed by and unreserved Crown land, the pro­ the Surveyor-General and recom­ posed freeway extension operations mended by the Minister of Lands for will involve parts of two reservations approval by the Governor in Council. in the City of Richmond, one being temporarily reserved as a site for It is expected that these excisions public purposes, and the other being from Crown reserves will be com­ the permanent reservation for public pensated for by the addition to Rich­ park and recreation, known as Rich­ mond Park of about 8! acres of other mond Park for which a Crown grant lands which will be available from the dated 19th November, 1886, issued in diversion and filling of a section of the names of the Board of Land and the Yarra river and from freehold Works and the Richmond council. land which will be surrendered to the Crown by the Melbourne and This Bill covers various matters Metropolitan Board of Works, out of arising from the freeway exten­ land north-west of Heyington rail­ sion construction proposals, so far way station, to be purchased by the as they relate to reserved lands Board in connexion with the river of the Crown. The principal one diversion and road construction is considered to be the require­ works which will be carried out in ment for excision from the per­ that locality. Provided that the manent reservation and Crown works are completed as now planned, grant for Richmond Park, of two there should therefore be very little areas totalling about 9 acres. One land lost so far as Richmond Park is of these sections of the park contains concerned, but the extra area of about 6 acres in a strip about 30 about 1 acre, or approximately a 10 chains long, running eastward from per cent. margin, has been allowed the eastern boundary of Loyola­ for to meet possible unforeseen cir­ grove, and the other contains about cumstances. 3 acres in a strip about 16 chains long, south-west of Carter Oval. There will be other Crown land required for the freeway extension A small area of less than one­ construction adjacent to the river in quarter of an acre will also need to the locality south of Barkly-avenue be provided from a temporary reserve between Burnley-street and Loyola­ for public purposes near the junction grove, but this can be made available of Barkly-avenue and Burnley-street. for road purposes out of Crown land It will be seen, therefore, that the which has not been reserved under total areas of reserved Crown the provisions of the Land Act and land involved in the project will which is, for the most part, waste be about 9 acres, but, as these land. cannot be defined precisely until survey after completion of the The present common boundary of construction work, it has been the cities of Richmond and Prahran deemed advisable to set an upper is located along the centre line of limit of 10 acres for excision from the existing bed of the Yarra river, the two reserves, to enable reason­ and the Board's freeway construction able provision to be made to cope project includes an alteration to the with any unforeseen difficulties or course of the river in the locality obstacles which may be encountered north-west of Heyington railway when the construction work is station. The land north of the pro­ actually proceeding. Provision has, posed new course of the river will therefore, been made in the Bill for be used for freeway construction 2954 Richmond (South-Eastern [ASSEMBLY.]' Freeway) Lands Bilt.

works, and any surplus, together with On the motion of Mr. STONEHAM the severed section of the original (Leader of the Opposition), the de­ river bed, will be added to the perm­ bate was adjourned. anent reservation and Crown grant for Richmond Park. It was ordered that the debate be adjourned until Tuesday, February It was deemed expedient, there­ 21. fore, to provide in the Bill that the common municipal boundary shall The sitting was suspended at 6.25 lie along the centre of the new course p.m. until 8.5 p.m. of the river. It was also considered desirable PIPELINES (SUBMERGED LANDS) to provide that, for purposes of the BILL. Melbourne and Metropolitan Board Sir HENRY BOLTE (Premier and of Works Act, the new course of the Treasurer) .-1 move- river should be vested in the Board That this Bill be now read a second time. and be deemed to be part of the Yarra river. The express objective of this Bill is to regulate the construction and Clause 1 of the Bill cites the short operation of pipe-lines that will be title. Clause 2 authorizes the Board conveying petroleum in, under or over of Works to undertake its road con­ the sea-bed adjacent to the coast of struction works on the required sec­ the State of Victoria. 1 should like tions of the reserves involved, prior at the outset to make it clear that to the actual excisions being effected this Bill is concerned only with off­ after survey subsequent to comple­ shore pipe-lines conveying petroleum, tion of the works. Clause 3 makes which term, as will be seen from th~ provision that, on completion of the definition clause of this Bill, includes Board's works and subsequent natural gas. survey, the Minister may recommend to the Governor in Council that the It is necessary to explain to honor­ sections of the reserves, to a total able members why this Bill dealing area not exceeding 10 acres, be with off-shore pipe-lines is presented made available for the freeway as quite a separate measure from that extension. dealing with on-shore pipe-lines. The principal reason for this is concerned Clause 4 provides for partial with questions of jurisdiction as revocation of the reservations and the between the States and the Common­ Crown grant for Richmond Park. wealth. Honorable members will be Clause 5 makes provision for the aware that, in order to avoid costly addition of certain areas to the constitutional disputes over jurisdic­ permanent reservation and Crown tion relating to petroleum exploration grant for Richmond Park. Clause 6 and exploitation in the off-shore relocates the common boundary of areas, the State and Commonwealth the cities of Richmond and Prahran Governments have been working along the new course of the river, together to produce a system of joint and vests the new course in the legislation to cover all aspects of this Board for the purposes of the Mel­ subject, in order to give certainty of bourne and Metropolitan Board of title to opera tors in off-shore areas Works Act. who undertake the substantial I can make a plan available to any expenditure involved in off-shore honorable member who wishes to see exploration and exploitation. itl and, if any further information on This Bill is taken almost directly this subject is desired, I will do my from the division relating to pipe­ utmost to supply it. lines in the offshore common code, Mr. Balfour. Pipelines (Submerged [14 F£BRUARY, 1967.] Lands) Bill. 2955

and it will in due course be comple­ natural gas, both of which will, of mented by Commonwealth legisla­ course, require to be transported to tion. Similar legislation will be the shore from offshore fields. passed in the other States. The term " pipe-line" is, by defini­ It will be appreciated then that tion, confined to lines going ashore this Bill deals with pipe-lines in from a declared terminal station sited the area in which it has been agreed, in the offshore area. It will be appre­ in effect, to exercise joint jurisdic­ ciated that a variety of pipes occur in tion, whereas onshore pipe-lines are the vicinity of wells in an oil field, completely within the jurisdiction of and it will be seen, in progressing the State and are therefore to be through the Bill, that provision is dealt with in a separate measure. made for authorizing such works by Briefly, the scheme of this Bill is that, means of pipe-line licences in some to construct an off-shore pipe-line or instances and by other forms of maintain such a pipe-line in opera­ Ministerial consent in other instances. tion, a person must be the holder of a pipe-line licence. Mr. SToNEHAM.-What are the other forms? Applications for pipe-line licences made in the appropriate manner may Sir HENRY BOLTE.-It can be be granted by the Minister of Mines most complicated. For example, for the time being, and, if granted, there may be what is commonly may be subject to such conditions as called an easement granted for a the Minister thinks fit and as he pipe-line. Then other pipe-lines may specifies in the licence. Two of the criss-cross at different levels or even more important features of the system at the same level. It would be pos­ are, first, that the discoverer of off­ sible to grant a licence for one pipe­ shore petroleum is entitled to apply line, but the licence for another pipe­ for and be granted a pipe-line licence line on the same land or crossing to convey his petroleum to the shore, would be subject to Ministerial and, secondly, that the Minister may approval based on the specifications require a pipe-line licensee to convey and proposals submitted to the through his pipe-line petroleum not Minister. So, one licence can be being petroleum owned by him. defined and the other cannot be It will be apparent to honorable defined until it is known where the members that this Bill forms an pipes are to go. essential link in the legislative pro­ Clauses 3 and 4 are concerned with gramme being presented to the House for the purpose of enabling the the limits of the legislative powers natural gas and oil recently dis­ of the State in relation to the Act covered in the offshore area adjacent and to the extent of the application to Victoria to be brought into pro­ of the Act. It is necessary that a duction and to be applied to the use pipe-line licence be obtained for the and benefit of the people of Victoria construction of a pipe-line. Testing and, indeed, the people of Australia of the line after construction or after as a whole. any period during which it has not been in use is a necessary pre­ As this is a technical Bill, I shall requisite to putting the line into deal with the clauses in some detail. operation. Clause 5, in conjunction Clause 1 indicates the short title, with clause 25, provides for these namely, the Pipelines (Submerged aspects. Lands) Act 1967. Clause 2 is con­ cerned with interpretation. A com­ I have already pointed out that, in ment I would make on this clause IS an oilfield where appreciable develop­ to point out that the definition of ment has taken place, the pipe­ cc petroleum" covers crude oil and line system associated with such 2956 Pipelines (Submerged, [ASSEMBLY.] Lands) Bill. development may become quite com­ States, only when the complementary plex. Clause 6 provides that a legislation has been passed can we variety of apparatus or associated really say that it is not the Minister works may be constructed in some here who appears to have all the res­ instances under the terms of a pipe­ ponsibility. It will be the Ministers line licence and in other instances concerned in the Commonwealth with a separate consent of the sphere and in all the States who will Minister. In other instances again have to interpret the real meaning of some such works may be authorized the legislation. under the terms of a production Mr. TURNBULL.-Did the honorable licence. Honorable members wi11 gentleman use the expression" com­ appreciate the need for reasonable mon code"? elasticity of arrangement in an industry in which techniques are Sir HENRY BOLTE.-Yes. The continually changing and the local code has been arrived at over a series needs are expanding as the fields of meetings between the Mines Min­ develop. isters of all the States, the Minister concerned with this field in the Com­ The provisions of clause 7 enable monwealth Government, and the the Minister to issue orders for Attorneys-General of all the States removal of any works constructed and the Commonwealth. However, without authority and provide also that, in the event of the person con­ this is the first time that the code cerned failing to obey the order, the has seen the light of day. I have no Minister may himself arrange for doubt that this measure is not the removal of the works at the expense final answer, but at least it conforms of the person on whom the order was to the arrangements that all the served. Ministers concerned have made so far. If complementary legislation is Clause 8 is a machinery provision, required in the other States and the subject-matter of which has in the Commonwealth sphere, and already been referred to in discussing alteration of the code is considered the definition of " pipe-line". Clause 9 is a general exemption provision to be necessary, no doubt it will be which, through allowing Ministerial amended. discretion, increases the flexibility of Clause 10 provides for the granting the Bill to enable it to cope with a of authorities for the surveying and wide variety of circumstances, many testing of proposed pipe-line routes. of which may at present be unfore­ Sub-clauses (1) and (4) of clause 11 seeable. are machinery provisions dealing with May I say at this stage, Mr. applications. Sub-clauses (2) and (3) Speaker, that the clauses of the Bill have to be taken together to be pro­ suggest that there is more responsi­ perly understood. The effect of sub­ bility on the Minister than there is clause (2) is to enable an intending even on Parliament. It must be pipe-line operator to apply for a pipe­ remembered that this measure is line licence in a permit or licence really pioneering this kind of legisla­ area even though he is not the holder tion in Australia. There is no urgent need for this kind of measure to be of the title to the area concerned. introduced in the other States, but The sub-clause provides also that in the need for this Bill in Victoria is the event of such an application being urgent. Although, as 1 said earlier, made, the Minister must notify the the contents of this Bill follow the persons whose title areas are in­ provisions in the common code that volved. The objective of such an will eventually be complemented by intending pipe-line operator would, of Commonwealth legislation and, I course, be to convey petroleum re­ expect, by enactments in all the other covered in one or more of the licence Sir Henry Bolte. Pipelines (Submerged [14 FEBRUARY, 1967.] Lands) Bill. 2957 areas concerned. He could be a a point so situated that permit or common carrier, even for independent licence areas other than any held by producers. him have to be traversed in order tha t the shore may be reached. Sub-clause (3) ensures that the Honorable members may be assured licensees in those producing licence that in the administration of this areas will get the opportunity to provision the rights of any permittee make application themselves for or licensee whose area may be pipe-line licences if they so desire. traversed by such a pipe-line would These two sub-clauses, taken in con­ be adequately safeguarded. junction with sub-clause (1) of clause 13, ensure that the licensee producing Clause 15 relates to the term of a petroleum shall, provided that he has pipe-line licence, which may be a complied with the conditions of his maximum of 21 years. That is con­ licence, have first priority in obtain­ sistent with the common code legis­ ing a pipe-line licence to convey his lation for the field itself. Clause 16 own petroleum. They provide also provides for application for a that, in the event of the production renewal, and clause 17 provides that licensee not desiring to have a pipe­ a pipe-line licence shall be renewed line licence, a pipe-line operator other where the pipe-line licence conditions than a producer may be granted a have been complied with, and gives pipe-line licence. discretion to the Minister to grant or refuse renewal even where com­ The remaining sub-clauses of clause pliance has not been complete. Sub­ 13 are largely concerned with pro­ clause (6) of this clause is similar cedure. In addition to setting out to sub-clause (7) of clause 13, pro­ procedural detail, they provide that viding, as it does, for notices to be the Minister may, under some circum­ given to applicants and for oppor­ stances, grant a pipe-line licence to a tunities . for submissions to be made licensee who has not complied with before an application for a renewal is all the conditions of his licence. The refused. Sub-clause (8) of clause 17 circumstances envisaged would in­ is a machinery clause which ensures volve only relatively minor failures in that an application for a renewal will compliance. Provision is made also not lapse by virtue of the previous for the lodgment of a security. The tenn of a pipe-line licence having last sub-clause of clause 13 provides expired during the period in which for the giving of appropriate notices when it is intended to refuse the the application is being considered. grant of a pipe-line licence to enable Clause 18 relates to conditions which the applicants to make further may be included in the pipe-line submissions. licence. Clause 12 provides for the payment Mr. STONEHAM.-I take it that of an application fee, part of which is under the terms of that clause the refundable if the pipe-line licence is Minister can determine the point on not granted. Clause 14 sets out the the shoreline to which the pipe-line rights conferred by a pipe-line is to be taken. In other words, it will licence. It will be noted that the not necessarily go to the nearest point. route may be in the " adjacent area ". This has the effect that a route may Sir HENRY BOLTE.-It will not be authorized passing through any necessarily go to the nearest point. permit or licence area other than one Clauses 19 and 20 provide for the which may be held by the pipe-line conditions of a pipe-line licence to be licensee. It will be appreciated that varied while it is· in force; the former such a provision is essential in the clause deals with the case of a case of a pipe-line licensee desiring to variation on application by the pipe­ convey petroleum to the shore from line licensee, while the latter clause 2958 Pipelines (Submerged [ASSEMBLY.] Lands) Bill. deals with the situation where the of a pipe-line owned by another public interest would be served by person whose pipe-line is not being the variation. Provision is made to used to full capacity, in an amount allow compensation to be paid to any which is insufficient to warrant the persons put at a loss as a result of the construction of a new pipe-line. In variation. An example of the kind this event the operation of producing of variation that might be required petroleum: in .this relatively small under clause 20 would be the removal amount may be rendered economic if of portion of a pipe-line to a new site it can be conveyed in the existing where the position of the pipe-line pipe-line. In this way the small pro­ might interfere with proposed new ducer is assisted and the nation's harbor works or port facilities. interests are served. I might mention Clause 21 makes provision to enable that in those Canadian Provinces in a pipe-line licensee to make which this type of provision exists­ emergency changes that might have they include the main petroleum pro­ to be made in the interests of public ducing Provinces-Ministerial com­ safety. pulsion has never had to be resorted Clauses 22 and 23 are somewhat to. That, incidentally, refers to pipe­ similar to provisions in some Cana­ lines on land. The very existence of dian legislation which provide that a the provision serves to ensure that Minister may declare an existing the parties concerned reach agree­ pipe-line to be a common carrier. I ment on their own account. believe that we all can see the virtue of that. It would be ridiculous if Clause 24 is designed to ensure there were two parallel pipe-lines that a pipe-line cannot cease opera­ when one would suffice. It will be tion without the consent of the seen that clause 22 provides in sub­ Minister and, when consent is given, clause (2) that a person other than a cessation must be in accordance with pipe-line licensee and a pipe-line conditions stipulated by the Minister. licensee may reach agreement of This provision ensures that produc­ their own accord for th~ conveyance tion of petroleum will not be in­ in the pipe-line licensee's pipe-line terrupted by lack of conveyance with­ of that other person's petroleum. out adequate reason. Clause 25 has That phrasing sounds very com­ already been referred to. Its essential plicated. Provision has already been function is to provide that, after made where the pipe-line is a construction is completed or after the common carrier. The Bill here makes pipe-line has ceased to operate and it provision for an instance in which is desired to put the pipe-line into the two parties get together and service, adequate testing must be reach agreement themselves. carried out to ensure safety of opera­ tion. Sub-clause (1) of clause 22 pro­ vides that the Minister may require Fees that will be necessary to the parties concerned to negotiate an cover administrative costs are covered agreement, while clause 23 indicates in clause 26, while clause 27 provides the procedure, in the event of the a penalty for late payment of fees, parties failing to reach agreement, by and clause 28 provides that unpaid which the Minister may direct the fees will be recoverable as a debt. pipe-line licensee to carry the other Clause 29 is designed to ensure that person's petroleum. This type of a person granted a pipe-line licence provision is to be found in Canadian will in fact carry out the construc­ legislation and is copied here because tion. It will be appreciated that, it sometimes happens that one particularly where a pipe-line licence licensee-that is, production licensee has been granted to a person intend­ -produces petroleum, in the vicinity ing to operate his pipe-line as a Sir Henry Bolte. Pipelines (Submerged [14 FEBRUARY, 1967.] Lands) Bill. 2959 common carrier, failure to carry out drafting and that overseas codes have the construction in reasonable time naturally been drawn on heavily in would be a loss not only to those their preparation. Until these regula­ producers who had arranged to use tions are operative, it is proposed the pipe-line but also to the nation as that the powers of direction given in well. this clause shall be invoked to pro­ Clause 30 is a machinery clause vide that such overseas codes will, putting the onus of care on the pipe­ where appropriate, apply with the line licensee to prevent the escape of force of regulations. anything from his pipe-line. Another The Minister, under clause 35, will general machinery provision is clause be enabled to give effect to the re­ 31, which is concerned with the care, quirements of any direction which the maintenance and ultimate removal of pipe-line licensee failed to carry out structures and equipment used in the and to recover the costs of doing so construction of a pipe-line. Clause from the pipe-line licensee. Sub­ 32 provides that clause 31 is to clause (3) provides that it shall be have effect subject to the provi­ an admissible defence against a sions of this Act and the regula-' charge of failure to comply with a tions made under this Act and to direction that it was not practical in the law generally. Clause 33 sets the circumstances to comply. Clause out the requirements in regard to the 36 deals with a variety of circum­ lodging of securities and the condi­ stances in which it may be found tions under which the Minister may impractical for a pipe-line licensee take possession of the security. to comply with any of the conditions Under the provisions of clause 34 of his pipe-line licence and empowers the Minister may give directions to the Minister under such circum­ a pipe-line licensee as to any matter stances to vary, suspend or exempt with respect to which regulations the pipe-line licensee from such may be made. Honorable members compliance and similarly from com­ will be aware that operations for the recovery of petroleum in open sea pliance with any of the provisions of areas are relatively new anywhere the Act or regulations. Such exemp­ in the world and are completely new tion, however, is not to affect the in this country. There is in­ term of the licence. sufficient experience available either Clause 37 is concerned with appli­ here or abroad to ensure that regula­ cations by licensees for surrender of tions may be framed which are com­ pletely adequate to cope with all a pipe-line licence as to part or all situations which may arise, and this of a pipe-line and it sets out the provision is inserted mainly to ensure conditions on which the Minister will that action may be taken for public permit surrender. Clause 38 pro­ safety and in the public interest if vides for cancellation of a pipe-line situations arise unexpectedly, which licence as to whole or part of a pipe­ require action and for which no pro­ line if the licensee has failed to com­ vision has been made in the regula­ ply with all requirements. Safe­ tions. It is contemplated that if it guards are provided in that provision becomes necessary to give such is made to ensure that all the facts directions, these directions them­ are properly examined and also selves would probably become the that notice is given to a pipe­ basis of new regulations and so the need to give directions would pro­ line licensee to enable him to make gressively decrease and may ulti­ submissions to the Minister before mately cease to exist. any can cella tion is effected. . I may add that operating regula­ Clause 39 is essentially a legal tions which are part of the common prOVISIon to ensure that action code are in an advanced stage of resulting in conviction for offences 2960 Pipelines (Submerged [ASSEMaLY.] Lands) B~~l. does not preclude the cancella­ The last sub-clause of clause 41 is tion of the pipe-line licence for a legal provision to protect the Minis­ those same offences and vice ter from any suits resulting from his versa. Clause 40 is concerned with actions in giving effect to his powers the removal of property and the under this clause. It will have been making good of damage to the extent noticed by honorable members that required by the Minister in the event at a number of points in the Bill pro­ of cancellation of the pipe-line licence vision is made for the imposition of in whole or in part or in the event penalties for failure to comply with of. the expiration of a pipe-line the provisions of the Act or regula­ licence. I may add that in assessing tions or the conditions of the pipe­ what should be done in this con­ line licence. Clause 42 is concerned nexion the Minister would have re­ also with offences and contains legal gard to structures or works which provisions relating to continuing may be a hazard to shipping or which offences. otherwise in the public interest Clause 43 provides that, in the should be removed. event of a conviction for an offence Provision is made in clause 41 to against clause 5, the court may order, enable the Minister to remove the in addition to the fine provided, a property or make good any damage number of additional penalties. It where the pipe-line licensee has will be appreciated that the fine failed to comply with a direction referred to in clause 5 might not be under the last preceding section. It a serious deterrent to a large opera­ is recognized that some or all of the tor and that the somewhat drastic property which is to be removed may provisions of this clause may in some belong to parties, such as contracting instances have to be invoked. It will parties, other than the pipe-line be noted that certain safeguards are licensee. Provision is therefore made provided, including a provision that to notify by publication in the an application for an order under this Government Gazette the owners of clause may be made only with the the property concerned that the consent of the Attorney-General. property must be removed within a The wisdom of this provision will be specified period. Property required seen when it is realized that the to be removed which is left after the information or complaint concerned expiration of the specified period may may not originate with the Govern­ then be removed by the Minister and ment; it could well come from sold. From the proceeds from such a competing pipe-line operator. a sale the Minister may deduct Clause 44 relates to forms which must amounts to meet costs incurred in be used, and clause 45 provides for doing any work which should have regulation-making powers and for been done or of paying any fees penalties for offences against the which should have been paid by the regulations. owner of the property. As I have already mentioned, this Bill is an essential part of the legis­ Provision is also made in clause 41 la tion necessary to bring to our that any costs of such work which people the benefits of recent have not been recovered in the petroleum discoveries and of more manner already described may be that we confidently expect will be recovered in court as a debt from the made in the near future. I commend person concerned. This power of this Bill to the House. recovery as a debt of amounts out­ On the motion of Mr. STONEHAM standing specifically applies also to (Leader of the Opposition), the any work undertaken to make good debate was adjourned. damage, which work should have It was ordered that the debate be been done but which has not been adjourned until Tuesday, February done by the pipe-line licensee. 28. Sir Henry Bolte. The Geelong Gas [14 FEBRUARY, 1967.] Oompany's Bill. 2961

THE GEELONG GAS COMPANY'S The clauses in the Bill are simple BILL. and self-explanatory and I am su~e The Order of the Day for the members will not wish me to explaIn second reading of this Bill was read. them in detail. The Bill also provides for a bank overdraft, although no set The SPEAKER (Sir William limit is prescribed. Where there was McDonald).-I have examined this previously a limitation, it will be Bill, and am of the opinion that it is removed by this measure. I com­ a private Bill. mend the Bill to the House. Sir HENRY BOLTE (Premier and Treasurer) .-By leave, I move- On the motion of Mr. TREZISE (Geelong West), the debate was That all the private Bill Standing Orders, adjourned. except those relatin~ to the paym~nt ~f fees be dispensed wIth, and that thIS BIll be treated as a public Bill. It was ordered that the debate be adjourned until Tuesday, February The motion was agreed to. 21. Sir HENRY BOLTE (Premier and Treasurer) .-1 move- That this Bill be now read a second time. CO-OPERATIVE HOUSING SOCIETIES (INDEMNITIES) BILL. The object of the Bill is to raise the borrowing powers of the Geelong Gas Sir HENRY BOLTE (Premier and Company from $1,500,000 to Treasurer) .-1 move- $4,000,000 for the purpose of utilizing That this Bill be now read a second time. natural gas. This is achieved by Section 76 of the Co-operative amending the Geelong Gas Com­ Housing Societies Act 1958, which pany's Act 1956. The additional governs the advance limit in money made available by the author­ indemnity cases, provides that a ized increase in borrowing powers society may advance to a member an will enable the company to- amount exceeding 80 per cent. of the (a) convert appliances from the valuation where the amount at risk­ burning of manufactured that is, the amount of advance gas-an 83 per cent. mix­ reduced by the value of the share ture of refinery gas and 17 capital of the member, less the per cent. coal gas-to amount required to be advanced for natural gas for 22,000 con­ street-making (including drainage) sumers; or for sewerage or, if either or both (b) improve the reticulation of these have been completed in system in the Geelong area respect of the land, the amount of more efficiently to utilize natural gas; and $600 in respect of street-making (including drainage) or $300 in (c) expand the availability of respect of sewerage, or both of such natural gas to commercial amounts, as the case requires----does and industrial enterprises not exceed $6,600 or, in the case of a within the company's fran­ chise area. member having five or more dependent children, $8,000. The Geelong Gas Company is a progressive organization. In the four The limit of $6,600 was fixed by an years from 1961 to 1965, the number amending Act, No. 6909, which was of customers increased by 8. 5 per assented to on the 7th November, cent. and gas sales by 23 per cent. 1962, while the limit of $8,000 was Indications are that this expansion inserted by Act No. 7225, assented to will continue and should continue on the 15th December, 1964, follow­ even further following the introduc­ ing an undertaking by the Govern­ tion of natural gas. ment, during the election campaign 2962 Co-operative Housing Societies [ASSEMBLY.] (Indemnities) Bill.

earlier that year, to provide assist­ during the comparable period of the ance, through co-operative housing 1964-65 financial year. At the 31st societies, for large families. It is now December, 1966,57,592 members had proposed that these limits be in­ obtained their own homes and there creased to $7,500 and $8,900, respec­ were 2,226 more homes in course of tively, plus, of course, the value of erection. the member's share capital and the addition for street-making and sewer­ An interesting fact is that, since age to which I previously referred. the inception of co-operative housing, 5,629 advances, or nearly 10 per cent. Since May, 1962, there has been a of all advances approved, have been steady increase in building costs, indemnified by the Government, which has resulted in a gradual which has a liability of $984,484 in widening of what we have come to respect of the 2,225 indemnities sub­ know as the "deposit gap". This sisting at the end of December last. has forced many people to resort to A most remarkable feature is that the the higher interest rate second­ Government has been required to pay mortgage loans to enable them to out only $854 under indemnities complete the erection or purchase of during the period of more than 21 their own homes. In addition, a years. Therefore, it cannot be number of people, owing to their claimed that the Government is limited resources and inability to find taking an excessive risk, particularly the whole of the difference between in lifting the ceiling to the extent the tender or purchase price and the now proposed. I commend the Bill amount of advance available, have to the House. been deprived of the benefits of co­ On the motion of Mr. FENNESSY operative housing. This is evidenced (Brunswick East), the debate was by the fact that, in the last financial adjourned. year, only 189 indemnified advances were granted compared with 244 in It was ordered that the debate be 1964-65 and 418 in 1963-64. When adjourned until Wednesday, February those facts are considered, one is left 22. with no doubts that the proposed amendment is warranted. FRIENDLY SOCIETIES Before concluding, I wish to supply (INVESTMENT) BILL. the latest available figures regarding Sir HENRY BOLTE (Premier and co-operative housing. There are now Treasurer) .-1 move- 1,043 societies, the aggregate mem­ That this Bill be now read a second time. bership of which is 53,394. Of these The purpose of this Bill is to amend societies, 371 are being financed from section 17 of the Friendly Societies the Home Builders' Account under Act 1958 to enable a friendly the Commonwealth-State Housing society to invest its funds on Agreement. The loan accommodation first mortgage of freehold property to made available by lending institutions an amount in excess of 75 per cent. of and guaranteed by the Government the valuation of that property but not now amounts to $177,833,000, while exceeding the insured amount under the money so far advanced to a contract of insurance issued by the societies from the Home Builders' Housing Loans Insurance Corporation Account totals $88,696,800. established under the provisions of the Commonwealth Loans Insurance I am pleased to state that the Act 1965. amount made available by lending institutions during the half-year Pursuant to section 17 of the ended 31st December, 1966, was Friendly Societies Act 1958 the $1,000,000 more than that provided trustees of a friendly society, with Sir Henry Bolte. Fr~eni1ly Societies [14 FEBRUARY, 1967.] (Investment) Bill. 2963 the consent of the committee of The amendment proposed by clause management or of. a majority of the 2 of the Bill will permit a friendly members of the society, may invest society, where the Housing Loans its funds on first mortgage of free­ Insurance Corporation has entered hold property up to an amount not into a contract of insurance against exceeding three-quarters of the value loss with respect to a particular loan, <;>f the property as stated in a report to increase the amount of the loan to more than 75 per cent. of the made by a competent valuer, pro­ valuation of the property but not to vided that repayments are made more than the insured amount stated every year of an amount not less in the insurance contract, notwith­ than 4 per cent. of the amount standing that repayments will be invested. made each year at less than 4 per With investment limited to 75 per cent. of the amount of the invest­ cent. of the valuation of the pro­ ment. perty, a substantial deposit is often On the motion of Mr. STONEHAM required. In practice, this means that (Leader of the Opposition), the de­ the borrower is unable to provide the bate was adjourned. deposit and is therefore required to take out a second mortgage. Under It was ordered that the debate be sub-section (2) of section 17 of the adjourned until Tuesday, February 21. Commonwealth Loans Insurance Act 1965, the Corporation may enter into a contract of insurance insuring an ZOOLOGICAL GARDENS BILL. approved lender against the whole or Mr. MANSON (Minister of State any part of any loss in respect of an Development).-I move- insurable loan made or proposed to be made by that lender. That this Bill be now read a second time. It is therefore possible for a The object of this Bill is to re-enact friendly society to obtain from the the Zoological Gardens Act 1936 in Commonwealth Loans Insurance Cor­ modern form. The present Act, apart poration a guarantee of repayment of from being outmoded, contains many principal and interest under a mort­ provisions which are now redundant. gage which is much higher than the For example, it contains a long pre­ 75 per cent. of valuation permitted by amble referring to the historical section 17 of the Friendly Societies background of the control of the Act. The guarantee could be as high Zoological Gardens since 1857, and as 95 per cent. of the valuation of the also refers to several provisions of property. the Zoological and Acclimatisation Society Incorporation Act 1884, The Government is of the view which now have no force or effect. that with the additional security that Furthermore, on matters relating to is now possible by the operation of the constitution of the Zoological the Housing Loans Insurance Cor­ Board, it provides for the appoint­ poration, friendly societies should be ment of two representatives nomin­ permitted in particu1ar circumstances ated by the Zoological and Acclimati­ to make investments of a higher pro­ sation Society of Victoria, although portion of the valuation of the that society has been defunct for property. Friendly societies would many years. Provision is also made then be in a position to give addi~ for the appointment to the Board of tional advantages to their members an alderman of the council of the by enabling them to acquire a home City of Melbourne when, in fact, with a smaller deposit and, in some there are no aldermen on the Mel­ cases, to avoid a second mortgage. bourne City Council nowadays. 2964 ZooWgicaZ [ASSEMBLY.] Gardens BiU.

Clauses 4 and 5 of the Bill re­ contain three variations of provisions constitute the Zoological Board of of the existing Act. The functions of Victoria as a body corporate consist­ the Board are set out in clause 13 ing of eleven members as at present. of the Bill and are similar to those The Board shall consist of:- at present provided in section 11 of (a) The Director of Fisheries and the Act. Wildlife; The first variation occurs in sub­ (b) the Director of the National clause (1) of clause 11 of the Bill, Museum; and where it is provided that the Board shall not appoint any person at a (c) nine other persons possessing salary or remuneration exceeding the appropriate scientific or $4,000 per annum without the administrative qualifications approval of the Governor in Council. appointed by the Governor Under section 7 of the present Act, in Council. Of these nine the approval of the Governor in persons, one shall be an Council must be obtained where the officer of the Lands Depart­ Board intends to employ a person ment or the Forests Com­ at a salary exceeding $1,000 per mission or the Forests De­ annum. This limit is unrealistic partment; one shall be a to-day, and means that unnecessary councillor of the Melbourne submissions have to be made to the City Council, and two-one Governor in Council for the neces­ of whom shall be a gradu­ sary approval. a te in veterinary science­ shall be appointed from a Sub-clause (3) of clause 13 of the panel of not less than five Bill deals with the second varia­ names submitted to the tion; it proposes that the Board Minister by the Council of shall be enabled to undertake new the University of Melbourne. work estimated to cost up to $10,000 without the consent of the A minor change in the term of Governor in Council. At present the office of members of the Board is Board cannot undertake new works proposed by sub-clause (3) of clause involving an expenditure exceeding 5 of the Bill which provides that the $2,000 without the consent of the period of appointment of members Governor in Council. On present-day by the Governor in Council shall not costs, this limit is outmoded. exceed four years. Under the exist­ The third variation is contained in ing Act members are required to be sub-clause (1) of clause 15 of the appointed for a period of four years. Bill. Under sub-section (2) of sec­ The proposed change will be more tIon 14 of the present Act, provision convenient for administrative pur­ exists for the issue, on the payment poses and is in keeping with modern of $2. 10, of an annual ticket to any practice. member of the "old" Zoological and Acclimatisation Society entitling Clauses 6, 8, 9 and 10 are the the member, his wife and children same as or similar to provisions of to be admitted to the Zoological the existing Act. Clause 7 of the Bill Gardens without charge. Para­ is new and is introduced to enable graph (a) of sub-clause (1) of clause the Board to delegate any of its 15 of the Bill proposes a similar pro­ powers and functions to committees vision entitling a member of the subject to such limitations and Board, including his wife and child­ restrictions as it may impose. The ren, to free entry to the Zoological Board can also abolish such commit­ Gardens for a period of twelve tees. Clauses 11 to 15 of the Bill months. Paragraph (b) of sub­ set out the powers, duties and func­ clause (1) of the clause extends this tions of the Board. These clauses right of free entry to members of Mr. Manson. Oountry Fire Authority [14 FEBRUARY, 1967.] (Prosecutions) Bill. 2965 certain organizations engaged in COUNTRY FIRE AUTHORITY work relevant to the functions of the (PROSECUTIONS) BILL. Board. Mr. MANSON (Minister of State Clauses 16 to 18 of the Bill contain Development) .-1 move- miscellaneous provIsIons. These That this Bill be now read a second time. clauses are the same as or similar to existing provisions of the Act. The This brief Bill provides tha t all only variations are sub-clause (2) prosecutions for offences against the of clause 16 and sub-clause (1) of Country Fire Authority Act shall be clause 17. Sub-clause (2) of clause dealt with by a stipendiary 16 of the Bill is a variation of the magistrate sitting alone or with other existing position under section 13 of justices of the peace. The amend­ the Act, where the amount of ment has been requested by the damages a court may award to the Victorian Rural Fire Brigades Asso­ Board in respect of property is ciation and supported by the Country limited to $100. By this sub-clause, Fire Authority. it is proposed to enable a court to These offences, which are of a very make an award, in accordance with serious nature and can lead to the provisions of section 546 of the disastrous consequences, include- Crimes Act 1958, to meet cases of (i) failure of an occupier to take compensation for damage to property action to extinguish a fire not exceeding the value of the pro­ burning on rural land during perty destroyed or stolen. the "summer period"; Paragraph (b) of sub-section (1) (ii) lighting a fire in the open air of section 15 of the present Act gives in the country, except as power to the Governor in Council to authorized, during the make regulations prescribing admis­ " summer period "; sion charges to the Zoological Gardens. Paragraph (b) of sub­ (iii) leaving a fire unattended in the clause (1) of clause 17 of the Bill country or failing to ex­ extends the power of the Governor in tinguish a fire during the Council to prescribe concession " summer period "; admission charges for any specified (iv) throwing down a lighted class of persons, such as picnic cigarette or match in the parties. Paragraph (e) of sub-clause country during the "sum­ (1) provides for a penalty of $50 for mer period ". breaches of regulations made under the Act. This amount represents an The penalty provided by the Act increase of $30 on the existing for these offences is a fine of not penalty for breaches of regulations. more than $200 or imprisonment The schedule to the Bill contains a for a term of not more than twelve technical description of the land com­ months or both. These offences are prising the Zoological Gardens as at present heard by a Court of Petty defined in clause 3. I commend the Sessions which, under the Justices Bill to the House. Act 1958, may be constituted by a stipendiary magistrate sitting alone On the motion of Mr. STONEHAM or by any two justices of the peace. (Leader of the Opposition) , the debate was adjourned. In country areas of the State, offences against the Country Fire It was ordered that the debate be Authority Act are frequently dealt adjourned until Tuesday, February with by justices of the peace sitting 21. alone, and the Government considers ~966 Pipelines [ASSEMBLY. ] Bill. tha t the seriousness of the offences pany concerned, such as the Shell­ and the magnitude of the penalties company or BP. However, the warrant the presence of a stipendiary Government believes that it is now magistrate whose experience and appropriate to have a general Act more detailed knowledge of the law dealing with pipe-lines rather than would be an advantage in the hearing to enact separate legislation for each Of such cases. Honorable members proposed pipe-line, thus providing a­ will be aware that any information framework under which permits may before a Court of Petty Sessions for be issued and permission given for an offence against the fire prevention the establishment of such pipe-lines. provisions of the Forests Act must, The Government is convinced that under sub-section (3) of section 70 Victoria will soon be concerned with of that Act, be dealt with by a an increasing number of propositions stipendiary magistrate sitting alone. for the construction of pipe-lines, and The Government does not consider therefore proposes to establish con­ trol by the Government of the trans­ that offences against the fire preven­ portation by pipe-lines of gases, tion provisions of the Country Fire liquids and solids of all types. Authority Act should also be dealt with by a stipendiary magistrate Up till now separate legislation sitting alone, but believes the has had to be prepared for each pipe­ presence of a stipendiary magistrate, line proposal, but continuance of this either with or without justices, is situation will only result in a large amount of time-consuming work, both essential for the just and proper by Government Departments and this disposition of informations alleging Parliament. This can be avoided if breaches of the Act. Accordingly, all pipe-lining not already dealt with clause 3 of the Bill proposes that by various statutory enactments can offences under the Act may be heard be covered by a single Act. This is by a stipendiary magistrate sitting the purpose of the Bill. alone or with a justice or justices. I Many countries in the world, par­ commend the Bill to the House. ticularly those where petroleum and On the motion of Mr. STONEHAM natural gas form an essential part (Leader of the Opposition) , the of the economic life of the com­ debate was adjourned. munity, such as the United States of America, Canada and the United It was ordered that the debate be Kingdom, have found it necessary to adjourned until Tuesday, February establish legislation controlling pipe­ 21. lines. This control involves- The sitting was suspended at 9.6 (a) permits for the ownership and p.m. until 9.35 p.m. use of pipe-lines ; (b) acquisition of rights over land over or through which PIPELINES BILL. pipe-lines are laid; Sir HENRY BOLTE (Premier and (c) the licensing, construction, Treasurer).--:"'I move- operation and inspection of pipe-lines. That this Bill be now read a second time. This Bill is based on the idea that I realize that in introducing this Bill when a person wishes to convey any the Government is breaking new type of material by means of a pipe­ ground for Victoria, because in the line of a certain size and along a past any application by a petroleum particular route, he must- company for permission to construct (a) obtain a permit from the a pipe-line has been granted by means appropriate Minister to own of a special Act relating to the com- and use that line to carry [14 FEBRUARY, 1967.] ~ill. 2967

the specified materials. In Clause 3 introduces Part I., the the ca"se of hydrocarbons, preliminary section of which contains the Minister is the Minister the definitions of the main terms used for Fuel and Power; throughout the Bill. Clause 4 deals with exemptions from the provisions (b) obtain a licence from the of the Bill of certain categories of Minister of Mines to con­ pipe-lines already authorized by other struct and operate that line legislation. Clause 5 deals with mat­ according to a design ters affecting pipe-lines in operation approved by the Minister, immediately prior to the commence­ and complying with such ment of the Act. standards and specifications as the Minister considers Clause 6 defines which Minister appropriate. shall be responsible for the appro­ priate parts of the Act. Clause 7 Thus the Bill deals with both the provides for any orders made by the principle of having the pipe-line and Governor in Council under tne Act its physical construction and opera­ to be revoked, varied or amended as tion. This division of responsibility the occasion demands. Clause 8 between Ministers was prompted by stipulates (a) that no person shall the desire of the Government to avoid own or use a pipe-line unless he holds a multiplicity of inspecting staffs in a permit and (b) that the pipe-line the various Departments and, in par­ shall be constructed only along an ticular, in the Ministry of Fuel and authorized route. Power in relation to hydrocarbons, since the Ministry is primarily a plan­ Sub-clause (1) of clause 9 provides ning organization set up to determine for a person wishing to own and use the means by which the sources of a pipe-line to apply for a permit to fuel and power in Victoria can best do so. Sub-clause (2) provides for be utilized, and should not be involved a person proposing to apply for a in detailed design, construction or permit to enter on any Crown or operation. other lands lying on the intended route of a pipe-line to make surveys Clause 1 contains the usual short or examinations, on condition that he title, citation and commencement has the consent of the Minister to provisions. Clause 2 shows how the do so. Act will be divided into five parts as Sub-clause (1) of clause 10 sets follows:- out the information to be supplied on Part I.-Preliminary. the application for a permit. Sub­ Part II.-Permits for the Owner­ clause (2) authorizes the Minister to ship and Use of Pipelines. obtain further information if he con­ siders it necessary. Sub-clause (3) Part IlL-Acquisition of Rights stipulates that the applicant shall over Land. notify the local municipality that he Part IV.-Construction Operation has made an application for a permit and Inspection of Pipelines. to lay a pipe-line through any area Division I.-Licences and Sec­ within the municipality concerned. urity. Sub-clause (4) provides for the Min­ Division 2.-Construction of ister to direct the applicant to advise" Pipelines. other relevant organizations that an application to build a pipe-line has Division 3.-0peration of been made-for example, the State Pipelines. Rivers and Water Supply Commis­ Division 4.-Inspection of sion, the Forests Commission, local Pipelines. sewerage and waterworks trusts, and Part V.-Miscellaneous. so on. 2968 Pipelines [ASSEMBLY.] Bill.

Clause 11 deals with the payment to operate, inspect, maintain and of a prescribed fee, the granting of a repair any part of such pipe-line. permit, the imposition of terms and Clause 20 deals with the power of conditions, and the refusal to grant a public statutory corporations to permit. Clause 12 deals with an grant easements over any land owned application for the renewal of a per­ or controlled by any corporation con­ mit and the granting of such renewal cerned. by the Minister. Sub-clause (1) of clause 21 grants Clause 13 prohibits a permittee to the permittee the right to acquire, from transferring his permit without with the Minister's permission, an the written consent of the Minister. easement over any private land which Clause 14 prohibits the conveyance is required for the construction, of anything through a pipe-line operation, inspection or repair of any unless prior authorization has been authorized pipe-line. I emphasize given .. that that is with the Minister's per­ mission. Sub-clause (2) incor­ Clause 15 is a machinery clause porates the Land Compensation Act setting out the method and proce­ 1958 to be used in conjunction with dure under which a permittee shall this Act and defines certain terms seek authority to convey anything used. through a pipe-line other than for which authority was originally given. Sub-clause (1) of clause 22 stipu­ lates that a permittee shall advise the Sub-clauses (1), (2) and (3) of Secretary for Lands if he has taken clause 16 provide for a person other an easement over any Crown land for than the permittee to apply to the the purpose of constructing a pipe­ Minister for the conveyance of any­ line. Sub-clause (2) provides for thing through a pipe-line and for the the endorsement of easements by the payment of a prescribed fee. Sub­ Secretary for Lands and for the clause (4) provides for consultation recording of them in the Department between the Minister for Fuel and of Crown Lands and Survey. Sub­ Power and the Minister of Mines clause (3) stipulates that the Secre­ regarding the physical capability of a tary for Lands shall notify the pipe-line to convey anything other Registrar of Titles of approved ease­ than originally authorized and the subsequent granting of a permit ments. under such terms and conditions as Clause 23 defines the Minister as considered necessary. Sub-clause being the Minister of Mines in regard (5) provides for a penalty if the per­ to Part IV of the Act concerning the mittee fails to comply with the provi­ construction, opera tion and inspec­ sions of clause 16. tion of pipe-lines, unless otherwise Clause 17 provides for information specified in the Act. to be given by the Minister for Fuel Sub-clause (1) of clause 24 stipu­ and Power to the Minister of Mines lates that no person shall construct when a permit to convey anything or operate a pipe-line unless he has through a pipe-line has been granted. been licensed to do so by the Minister Clause 18 deals with the circum­ of Mines. Sub-clause (2) stipulates stances under which a permit may be that no person other than the cancelled. authorized permittee shall be entitled to the issue of a licence. Clause 19 deals with the power of the Governor in Council to grant Sub-clauses (1) and (2) of clause easements and so forth over Crown 25 provide for a permittee to apply lands to enable a permittee to con­ on a prescribed form for a licence to struct an authorized pipe-line construct and operate a pipe-line, through or over any Crown land and and sets out the essential information Sir Henry Bolte. Pipelines [14 FEBRUARY, 1967.] Bill. 2969 that is required to be supplied in the action against a licensee failing to application. Sub-clause (3) sets out comply with the provisions of sub­ the general terms under which the clause (1). Minister may issue a licence. Clause 33 deals with the construc­ Clause 26 provides for a licence to tion of a pipe-line over or under any be issued for the same period as the waters and the avoidance of pollution permit already issued by the Minister of the waters. It provides also for for Fuel and Power. Clause 27 deals a penalty for failure to comply with with the issue of a licence for opera­ the provisions of the clause. tion only, where a pipe-line has al­ ready been constructed. Clause 34 stipulates that a licensee shall not operate a pipe-line unless Clause 28 deals with the lodging of the current pipe-line operation fee security to ensure compliance with has been paid, and provides that the conditions of the permit, of the such fee shall be paid annually from licence and of the Act and regulations the date of granting of the permit. in general. Provision is also made for penalties for failure to comply Clause 35 deals with the examina­ with the requirements of this clause. tion, repair, maintenance, adjusting and testing of a pipe-line, and inspec­ Clause 29 stipulates that a pipe­ tion of the route taken by a pipe-line; line shall be constructed in accord­ it provides for a penalty for failure ance with the prescribed standards, to comply with the requirements of specifications and conditions. Clause the clause. 30 stipulates that a pipe-line shall be constructed only along the route Clause 36 deals with the safe authorized in the permit. operation of a pipe-line, and the com­ pulsory carrying out of alterations, Sub-clause (1) of clause 31 stipu­ repairs or replacements. Provision is lates that where a pipe-line crosses made for a penalty for failure to over or under (a) a railway line or comply with the requirements. any land reserved for railway pur­ poses; (b) a road, bridge or tram­ Clause 37 deals with the escape or way; (c) any electrical apparatus; the ignition of anything in a pipe­ or (d) any other pipe-line, it shall line and stipulates which authorities be constructed to the satisfaction of are to be notified if this occurs. A the authorities controlling the penalty is provided for failure to services concerned. Sub-clause (2) comply with requirements of the stipulates that the licensee shall bear clause. the cost of any additional expense involved by the authority controlling Clause 38 provides for the appoint­ the service, through the existence or ment by the Public Service Board of operation of a pipe-line. Sub-clause inspectors to ensure that the provi­ (3) stipulates that disputes between sions of the Act are carried out, and the licensee and the authorities con­ for the provision of certificates of cerned shall be determined by the identity identifying the inspectors. Governor in Council. Sub-clause (4) Clause 39 deals broadly with the provides for a penalty for non-com­ duties and powers of the inspectors, pliance with the conditions stipulated. and provides for a penalty if a person Sub-clause (1) of clause 32 stipu­ hinders or obstructs an inspector in lates that where a pipe-line crosses the execution of his duty. A penalty agricultural land the licensee shall is provided also for failure to comply restore the land, as near as practic­ with the requirements of the clause. able, to the condition it was before Clause 40 deals with the demolition construction commenced. Sub-clause of buildings or structures erected (2) provides for the taking of legal without permission too close to a Session 1967.-104 2970 Pipelines [ASSEMBLY.] Bill.

pipe-line whereby the efficient opera­ Mr. STONEHAM (Leader of the tion and safety of such pipe-line is Opposition) .-1 move- endangered. A penalty is provided That the debate be now adjourned. for failure to comply with the require­ ments of this clause. I suggest that the period of adjourn­ ment be two weeks. Clause 41 deals with delegation of authority by the Minister of Mines Mr. B. J. EVANS (Gippsland East). and applies particularly in relation to -I appreciate that the Government matters of public safety where speedy is probably anxious to get this action may be required. measure on the statute-book without delay. However, I point out that it Clause 42 requires a licensee to do will probably affect rural districts as little damage as possible to any more than the metropolitan area. property involved in the construction Therefore, country people should be of a pipe-line and to pay compensa­ allowed ample time to gain an tion for any damage incurred. Pro­ appreciation of the Bill. The Premier, vision is made for invoking the Lands has pointed out that this measure Compensation Act 1958. breaks new ground in Australia. Clause 43 is a broad penalty clause Therefore, it is only fair that honor­ referring to the Act as a whole. able members should be afforded Clause 44 provides for a default ample opportunity to study pipe-line penalty if the offence continues after legislation in other parts of the world. an offender has been convicted. I believe that an adjournment for Clause 45 provides for the making of only two weeks is not sufficient to regulations in respect to the opera­ enable us to gain a fair appreciation tion of the Act. of the measure. In conclusion, I should like to make Sir HENRY BOLTE (Premier and it clear that it is not the Govern­ Treasurer).-This Bill may be break­ ment's intention unnecessarily to ing new ground in one sense, but subject existing pipe-lines to the con­ there is already on the statute-book trols provided by this Act. It is in­ other legislation that is almost iden­ tended that, unless controls are re­ quired in the interests of safety, pre­ tical in most respects. The difference existing pipe-lines will be exempted. is that the existing legislation applies only to an individual company. I Mr. FLOYD.-Will that apply inside refer to the Act that provides for all works? the Shell company's pipe-line from Sir HENRY BOL TE.-I shall give Geelong to Altona. the honorable member an illustration. The Gas and Fuel Corporation has Mr. B. J. EVANs.-That was along constructed a series of pipe-lines a prescribed route. under conditions that have been laid Sir HENRY BOLTE.-This measure down, and the Government believes applies to prescribed routes. I do that it is unnecessary to bring those not want to go into the matter more pipe-lines under the provisions of this deeply. It is merely proposed to measure. make collective provision for what Mr. STONEHAM.-SO long as they has previously been done individually. are safe. With due respect to the honorable Sir HENRY BOL TE.-That is so. member for Gippsland East, I suggest As the Bill is drafted, they would that the effect of this Bill will not be probably come under its provisions. to break new ground. If he would 1 am foreshadowing that, if this like an adjournment period of more measure does encompass all pipe­ than a fortnight, we can meet his lines, certain ones may be exempted convenience again as we have done in some circumstances. in the past. However, he did not Adjournment. [14 FEBRUARY, 1967.] Adjournment. 2971 state a period. He did not say Board and the Keilor City Council whether he would like the debate have spent hundreds of thousands of adjourned for a month or two months. dollars on the construction of a four­ The present sessional period will last lane road between the two major for only six or seven weeks. Further­ roads, but the single track bridge more, another place is always ex­ causes a heavy banking up of traffic tremely jealous of its rights in deal­ along Canning-street to Military-road ing with proposed legislation that for half a mile or more on both goes before it. I suggest that an sides of the river. I believe that the adjournment for a fortnight as pro­ Keilor City Council, the Sunshine posed by the Leader of the Opposi­ City Council, and the Country Roads tion would be suitable. Board have a responsibility for the construction of a new bridge. I have Mr. STONEHAM.-On condition that been informed that the Common­ we shall be given a little longer if wealth Government also is involved. we want it. I now ask the Government whether Sir HENRY BOLTE.-If either the it is endeavouring to have the con­ Leader of the Opposition or the hon­ struction of a better bridge expedited. orable member for Gippsland East Is the Commonwealth Government wants a little longer, his wishes will holding up the work? be met within reason. A great deal of traffic crosses this The motion for the adjournment of bridge. Trucks become wedged on it the debate was agreed to. in heavy traffic and cause consider­ able delays. Motorists who use the It was ordered that the debate be bridge and local residents regard the adjourned until Tuesday, February 28. Government's failure to provide an adequate bridge, after spending hundreds of thousands of dollars on ADJOURNMENT. the construction of a four-lane carriageway, as a severe indictment MARIBYRNONG RIVER: NARROW BRIDGE of its administration. This major -MELBOURNE AND METROPOLITAN road has been constructed at great TRAMWAYS BOARD: CONGESTION AT expense, yet a bottle-neck is allowed BOURKE-STREET TRAM TERMINUS. to remain at the bridge. I hope that Mr. RYLAH (Chief Secretary).- the responsible Minister will heed the I move- wishes of motorists and local resi­ That the House, at its rising, adjourn dents and have action taken to ensure until Tuesday next, at half-past Three that the Commonwealth and the Vic­ o'clock. torian -Governments iron out the The motion was agreed to. problems and arrive at a satisfactory solution. I am told that the two Mr. RYLAH (Chief Secretary).­ councils that I have named and the I move- Country Roads Board have funds That the House do now adjourn. available .for the construction of a new bridge. Mr. GINIFER (Grant).-I take Mr. FLOYD (Williamstown).-I this opportunity to bring to the direct the attention of the Minister attention of the House representa­ of Transport to the fact that on many tions which have been made to me occasions trams in Bourke-street are indicating grave concern about the banked up almost from King-street single-track road bridge over the to the terminus at Spencer-street. Maribyrnong river, near the Com­ This necessitates passengers having monwealth Explosives Factory, on to walk the distance of a block the cross road between the Ballarat­ after alighting from some of the road and the Calder Highway. The trams banked up between King­ Government, the Country Roads street and the terminus and then 2972 Adjournment. [ASSEMBLY. ] Adjournment. being further inconvenienced by this matter. I know that my having to walk several hundred yards comments are foreign to most honor­ to the suburban railway platforms at able members because they do not Spencer-street. I recall that some ride on trams and trains-I travel by years ago this matter was raised by both. a former Minister, the late Mr. A. J. Fraser, who had the temerity to Mr. RYLAH (Chief Secretary).­ speak against Government policy. I shall direct the comments of the honorable member for Grant to the I propose a simple solution which relevant Ministers. I have not pre­ may penetrate the barrier and get to viously heard about the problem he the members of the Board and help has raised; it is probably a matter for the people who are often required to the Minister of Public Works and the walk from the point where the trams Minister of Transport. I shall also stop to the railway station. At ask the Traffic Commission to the Batman-avenue terminus at examine the matter. Princes Bridge there is not only a one-way crossover for trams but also With regard to the matter raised what is known in railway parlance as by the honorable member for an "X" crossing to enable trams to Williamstown, I do not know why he cross both ways. Perhaps the Chief must be so offensive. I merely Secretary is not taking me seriously looked around to see whether the or he does not understand what I am Minister of Transport was in the saying. House. I thought it would be a com­ pliment to him. Mr. RYLAH.-I understand you; in fact, I am a little ahead of you. I Mr. FLOYD.-We are starting off was merely looking around to see if badly, aren't we? the Minister of Transport was in the Mr. RYLAH.-I take these matters Chamber. seriously; the honorable member for Mr. FLOYD.-In the old cable tram Williamstown implied that I was days there was not only a cross­ not doing so. I regard any sug­ ing one way, but a crossing that gestion to improve public trans­ would permit the trams to cross both port as good. I also welcome any ways. Instead of four, five or six suggestion that will improve traffic trams being lined up one way, two movement. I am delighted to hear or three trams could be lined up that the honorable member for side by side. Even to-day this Williamstown has a constructive applies with certain electric trams. suggestion, and I shall examine it. I Instead of the ordinary loop line shall direct his comments to the there is at Princes Bridge what may Minister of Transport. In looking be termed a double loop line which around the Chamber for the Minister enables two trams to terminate at of Transport I was not escaping any each side of a shelter shed. This type responsibility. I thought the honor­ of movement not only facilitates the able member for Williamstown would intake of passengers-in fact it is prefer the Minister to be present to doubled-but also doubles the exits answer his question. As he is not for passengers. If the railways are to here, I am quite prepared to direct be popularized in conjunction with his attention to the matter to­ the tramways, people should not be morrow. asked to alight from trams at King­ street, walk a block to the terminus Mr. FLOYD.-I thank the Chief Sec­ at Spencer-street, and then be retary for his undertaking. required to walk a further distance of The motion was agreed to. several hundred yards to the Spencer-street suburban station. I The House adjourned at 10.8 p.m. am a little sick of writing letters on until Tuesday, February 21. Youth· Organizations [21 FEBRUARY, 1967.] Assistance Fund. 2973

The Hon. G. L. CHANDLER ~e!li.61ntine Otnuntil. (Minister of Agriculture) .-The answers are- Tuesday, February 21, 1967. (a) and (b).

Amounts and Purposes of Grants. The PRESIDENT (the Hon. R. W. youth Organization. Equip- Main- Leader- Mack) took the chair at 4.55 p.m., ment. ---tenance. ---ship. and read the prayer. $ 3 S Alfredton y.M.C.A. .. 100 200 48 Ararat Y.M.C.A. 100 750 36 NATURAL GAS. Bacchus Marsh Giri GuldM' 20 .. 9th Ballarat Scouts .. 33 27 .. Ballarat youth Councll .. 100 680 .. PROPOSED PIPE-LINE TO NEW SOUTH Ballarat Y.M.C.A. .. 30 1,000 225 Ballarat Boys Society .. 100 . . 50 WALES. 1st Beaufort Scouts .. 50 .. Beaufort youth Club .. 80 100 .. Bungaree youth Club .. 40 150 .. The . Hon. A. W. KNIGHT (Mel­ Clunes and District youth ~rovince) Club .. .. 40 150 .. bourne West asked the 1st Clunes' Scouts .. .. 50 .. Knox youth Club .. 60 .. Minister of Agriculture- Sebastopol youth Club .. 100 50 .. 1st Skipton Scouts .. 50 50 .. Has the' Minister's attention been drawn Stawell Girl Guides .. 60 to the article which appeared in the January Wendouree youth Club .. 50 200 60 issue' of the Australian Gas Journal, volume 31, No.1, page 15, re the proposed 535 miles (c) The following organizations are being gas pipe-line to New South Wales; if so, considered for grants this financial year:- will he supply to the House relevant informa­ 2nd Ararat Boy Scouts-for purpose of tion regarding details of the proposed pipe­ building. line, how it will be operated, and particulars Ballarat Y.M.C.A.-for purpose of regarding easements for the scheme? camp. The Hon. G. L. CHANDLER (Minister . of Agriculture) .-The FORESTS COMMISSION. answer is- PINE PULPWOOD: PRICE: The Ministry of Fuel and Power has no knowledge of the proposed pipe-line other PLANTATIONS: ROYALTIES. than what appeared in the journal. The Hon. I. A. SWINBURNE (North-Eastern Province) asked the Minister of Forests- YOUTH ORGANIZATIONS (a) What is the current price per cunit ASSISTANCE FUND. f.o.r. sending stations for pine pulpwood purchased by the Forests Commission from G~NTS IN BALLAARAT PROVINCE. sawmillers and logging licensees operating The Hon. MURRAY BYRNE in pine plantations, and what has been the (Ballaarat Province) asked the Minis­ price for each year since 1960-61? (b) What are the names of each pine ter of Agriculture- plantation and sending station for each (a) Which youth organizations in the plantation from which sawmillers and Ballaarat Province received financial assis­ logging licensees dispatch pulpwood? tance from the Youth Advisory Council (c) What is the current royalty for pine during this financial year? pulpwood from each plantation, and what was the royalty rate for each year since (b) What was the nature of the assis­ 1960-61 for each plantation? tance granted to each such organization? (c) Are any other youth organizations in The Hon. L. H. S. THOMPSON the province being considered for grants (Minister of Forests) .-Because of this year? the extent of research involved., I Session 1967.-105 2974 Forests ...... [COUNCIL.],

:should be pleased if the honorable Leave was granted, and the answers member would repeat question (a) were as follows: - . next week. The answers to questions (b) Plantation-Sending Station. Scarsdale-Linton and Scarsdale. (b) and (c) are statistical, and, with Yarrowee-Ballarat East. the concurrence of the House, I Bright-Bright and Porepunkah. Creswick-Creswick. suggest that they be incorporated in Aire Valley-Colac. Waarre-TimboQn. Hansard without my reading them. Ovens-Myrtleford and Ovens.

Royalty Rates (Per Cunlt). Current District. Plantation. Royalty 1966-67. 1960-61. 1961-62. 1962-63. 1963-64. 1964-65. 1965-66. ------S £ I. d. £ I. d. £ I. d. £ I. d. £ I. d. £ I. d. • BaUarat .. Scarsdale .. 4.50 2 0 0 2 5 0 2 5 0 2 5 0 2 5 0 2 5 0 (4.50) Yarrowee .. 4.50 2 0 0 2 5 0 2 5 0 2 5 0 2 5 0 2 5 0 (4.50)

Beechworth .. Stanley .. 2.50 1 0 0 1 5 0 1 5 0 1 5 0 1 5 0 1 5 0 (2.50)

Bright " Bright .. 2.50 1 0 0 1 5 0 1 5 0 1 5 0 1 5 0 1 5 0 (2.50)

Cnstlemalne .. Harcourt .. 4.00 .. 2 5 0 2 5 0 2 5 0 2 0 0 2 0 0 (4.00) and 2 0 0 Moonlight Flat .. 4.00 .. 2 5 0 2 5 0 2 5 0 2 0 0 2 0 0 (4.00) and 2 0 0

Crellwlck .. Creswlck .. 4.50 2 0 0 2 5 0 2 5 0 2 5 0 2 5 0 2 5 0 (4.50)

Gelllbrand .. Alre Valley .. 2.00 1 0 0 1 5 0 1 5 0 1 5 0 1 5 0 1 0 0 (2.00)

Heytesbury .. Waarre .. 2.00 1 0 0 1 5 0 1 5 0 1 0 0 1 0 0 1 0 0 (2.00)

Macedon .. Macedon .. 2.50 .. 3 10 0 3 5 0 3 5 0 1 5 0 1 5 0 (2.50) and 1 5 0

lIarysvlUe .. Narbethong .. 3.50 2 5 0 2 10 0 2 10 0 1 15 0 1 15 0 1 15 0 (3.60)

Mlrboo .. AUambee 6.50 3 13 3 S 15 0 3 10 0 3 7 10 3 5 0 S 5 0 (6.60) " and and 3 7 10 3 5 0 Childers .. 6.50 3 18 3 3 15 0 3 10 0 3 7 10 3 I) 0 3 Ii 0 (6.50) and and 3 7 10 3 5 0

lIyrtleford .. Ovens .. .. 2.50 1 0 0 1 Ii 0 1 5 0 1 5 0 1 5 0 1 5 0 (2.50)

Neerlm .. Loch Valley .. 6.00 3 13 S S 15 0 3 10 0 3 7 10 3 0 0 8 0 0 (6.00) and and S 7 10 3 0 0

NOTE.-Where two tlgures are quoted, & change of rates has taken place during the year.

CLEAN AIR ACT. Health Branch of the Department of Health for each of the years from 1962-63· to FINANCE: STAFF: PROSECUTIONS. 1966-67? The Hon. D. G. ELLIOT (Mel­ (b) How many officers are employed in bourne Province) ~sked the Minister the Clean Air Section? of Health- (c) Have any prosecutions been launched (a) What was the annual appropriation as the result of infringements of the Act; if ·for the' Clean Air Section 'of the General so, how many and for what reasons? . AbMigines 'Welfare [21 FEBRUARY, 1967.J Board. 2975

The Hon. V. O. DICKIE (Minister ordered to be printed, but proofs have not yet been received from the Government of Health).-The answers are- Printer. (a) The annual appropriation for the Clean Air Section has been as follows:- (b) None has yet been printed; see above. (c) Since the report is not yet printed, Salaries no requests for copies can be satisfied. The (Full-time Expenses, information in this report is not available - I Officers Fees and Total. only). Equipment. elsewhere. EDUCATION OF ABORIGINES. S S S The Hon. I. R. CATHIE (South­ 1962-1963 .. 10,850 7,966 18,816 Eastern Province) asked the Minister of Housing- 1963-1964 .. 15,242 4,550 19,792 (aJ Are the school reports of Aboriginal 1964-1965 17,166 4,690 21,856 students financially assisted by the Abori­ .. gines Welfare Board in the possession of 1965-1966 16,046 3,989 20,035 the Board; if so, under what conditions and .. when will they be made available to 1966-1967 .. 19,320 8,000 27,320 interested bodies? (b) What meetings of the Aboriginal Education Council and the Aboriginal (b) The staff of the Clean Air Section is Education Advisory Council have been held, comprised of the under-mentioned full-time and how many Aboriginal' delegates have officers. This staff does not include clerical attended each of these sessions? and part-time professional assistants pro­ vided by the General. Health Branch. The Hon. L. H. S. THOMPSON 1 Senior engineer. (Minister of Housing).-The answers 2 Scientific officers (chemist). are- 1 Laboratory assistant. (a) School reports of Aboriginal students financially assisted by the Aborigines (c) No prosecutions with reference to the Welfare Board are not usually supplied to Clean Air Act have been undertaken by the Board. This information is not avail­ the Commission of Public Health, but a able to interested bodies. However, if the number have been undertaken by municipal honorable member has any particular cases councils assisted by departmental officers in mind, I am sure the Superintendent of giving supporting expert evidence. The Aboriginal Welfare will be pleased to municipal councils act under power dele­ gated by the Commission of Public Health. discuss them with him. Records of these prosecutions are not held (b) A preliminary meeting of various by the Department of Health. organizations concerning the establishment of an Aboriginal educational council was held on the 1st July, 1966, and the inaugur~.l meeting of the Aborigines Education Council ABORIGINES WELFARE BOARD. was held on the 31st October, 1966. No ANNUAL REPORT. Aboriginal delegates attended. The first meeting of the. Advisory Com­ The Hon. I. R. CATHIE (South­ mittee on Aboriginal Education is planned Eastern Province) asked the Minister to be held later this month. of Housing- RECONSTITUTION OF BOARD: ASSIMI- (a)' When was the last report of the Aborigines Welfare Board published? LATION POLICY: LAKE' TYERS ABORIGINAL STATION. (b) How many copies of th~ report were printed, and at what cost? The Hon. I. R. CATHIE (South­ (c) How many requests for copies of Eastern Province) asked the Minister the report were unsatisfied, and has the information been made available in any . of Housing- other form? (a) What plans have been considered for the reconstitution of the Aborigines Welfare The Hon. L. H. S. THOMPSON Board in view of the recent resignations of (Minister of Housing) .-The answers Board members and staff? (b) What over-all plans have been made are- for the revision of the· Board's policy in . (a) The last annual report of the view of the revised definition of II assimi­ Aborigines Welfare Board for the year lation" as adopted by the joint conference ended 30th June, 1965, was tabled in Parlia­ of State -and Federal Ministers in charge of ment on 7th December, 1966, when· it was Aboriginal welfare in 1965? ' 2976. A.borigines Welfare Board. [COUNCIL.] State Electricity OommissUm.

(c) What type and quantity of research STATE ELECTRICITY went into the recent decision of the Abori­ COMMISSION. gines Welfare Board regarding the future of Lake Tyers, by whom was the research NEWPORT POWER STATION. done, and what are that person's qualifica­ The Hon. A. W. KNIGHT (Mel­ tions? bourne West Province) asked the· The Hon. L. H. S. THOMPSON Minister of Agriculture- (Minister of Housing).-The answers Is it proposed to place the Newport power are- station on reduced loading; if so-(i) what will be the shifts worked, and when will (a) Various representations have been such shifts be put in operation; (ii) which made to the Government regarding the stations will be in operation, and on what reconstitution of the Aborigines Welfare basis; and (iii) what provisions have been Board, but no final decision has been made to secure the future of the employees reached. of the station? (b) In the light of the revised definition of "assimilation" as adopted by the The Hon. G. L. CHANDLER Aboriginal Welfare Conference of Ministers (Minister of Agriculture) .-The held in 1965, the Aborigines Welfare Board answer is- has completely reviewed its policies and (i) and (ii)- published a policy document entitled Aboriginal Pohcies of the Aborigines As additional base load generating plant Welfare Board, Victoria. Copies of the comes into service in the Latrobe Valley~ policy document have been circulated to all Newport power station will revert pro­ members of Parliament. gressively to its designed role as a peak load station. (c) The Aborigines Welfare Board estab­ lished the Lake Tyers Planning and Action The 'B' station at Newport was placed Committee on the 11th March, 1966. The on two shifts five days per week availability ten-man committee heard verbal submissions as from the 7th January, 1967. This did and considered written submissions from a not involve any reduction in personnel at variety of experts and specialists, as the station, but some reclassifications and well as consulting with Aborigines. adjustments were necessary' due to roster Details of the inquiries and research are changes. provided in the report of the committee It is expected that, as from Monday, 30th copies of which were tabled in the LibrarY October, 1967, 'A' and 'c' stations at on 30th November, 1966. The decision of Newport will change from the present three the Aborigines Welfare Board regarding shifts, seven days per week operation to the future of Lake Tyers was based upon three shifts, five days per week, with the recommendations of this committee and occasional week-end operation if necessary. not upon any further research. (iii)- Those employees who become surplus to requirements when the new rosters are PROFESSIONALLY QUALIFIED STAFF. finalized will be offered, wherever possible, The Hon. I. R. CATHIE (South­ alternative employment within the Commis­ sion, principally in the Latrobe Valley. Eastern Province) asked the Minister Provision has been made for employees who of Housing- desire to take up positions at Hazelwood (a) What professionally qualified staff power station to receive appropriate train­ were employed by the Aborigines Welfare ing at a local technical school. Board for the years 1964, 1965 and 1966 Those who prefer to remain in the metro­ respectively? ' politan area will be assisted to obtain other (b) How many professionally qualified employment. Provided that they have com­ staff are at present employed and what are pleted three years' service and remain with their qualifications? ' the Commission until 30th October, 1967 they will receive generous retrenchment The Hon. L. H. S. THOMPSON benefits. (Minister of Housing).-The answers are- DEPARTMENT OF HEALTH. (a) 1964 Four. TRANSPORT OF FOOD IN HIRED 1965 Four. VEHICLES. 1966 Four. The Hon. J. M. WALTON (Mel­ bourne North Province) asked the (b) One officer-Bachelor of Arts degree. Minister of Health- One officer-Bachelor of Arts degree Has he investigated the carrying of food and Diploma of Social Studies. in hire vehicles which also carry other Two officers-Diploma of. Social goods both new and second-hand; if so, Studies. when, and with what results? Education [21 FEBRUARY, 1967.] Department. 2977

The Hon. V. O. DICKIE (Minister (c) Minor repairs to boys' out-offices and of Health) .-The answer is- the roof of the school building. . A contract has been arranged for the Yes. The carrying of food in hire replacement of the roof of the school vehicles or taxi trucks has been investigated building. on a number of occasions. Most of the Additional minor urgent and essential vehicles involved were used to transport repairs will be carried out as they become· meat pies or bread. The Cleanliness of necessary. Food Regulations, administered by munici­ pal authorities, provide p~otection for food during transport, and require that the food must be packed so as to be protected from STATUTE LAW REVISION contamination. COMMITTEE. In the case of the articles mentioned INSTRUMENTS (CORPORATE BODIES above, there has recently been an improve­ ment in packing foodstuffs by the introduc­ CONTRACTS) BILL. tion of more efficient means of packing and The Hon. G. J. NICOL (Monash by the use of wooden trays or wire crates, Province), chairman, presented the and these methods have proved satis­ factory. report of the Statute Law Revision. Committee upon the proposals con­ There have been some complaints of unhygienic transport of bread in unmarked tained in the Instruments (Corporate vehicles. In order to assist in the detection Bodies Contracts) Bill, together with of the owners of these vehicles, the Com­ minutes of evidence and an appendix .. mission of Public Health has recommended an amendment to the regulations to require It was ordered that they be laid on the display of the name and address of the the table, and that the report be· owner on the sides of such vehicles. printed.

EDUCATION DEPARTMENT. LOCAL GOVERNMENT NORTH MELBOURNE STATE SCHOOL (AMENDMENT) BILL. No. 2566: CONDITION OF BUILDINGS. The Hon. R. J. HAMER (Minister. The Hon. D. G. ELLIOT (Mel­ for Local Government) .-1 move- bourne Province) asked the Minister That this Bill be now read a second time .. of Agriculture- A Bill to amend the Local Govern­ (a) When were the buildings of the ment Act can be regarded as a hardy Boundary-road North Melbourne, State annual in this Parliament. This School, No. 2566, last inspected? measure, however, is rather a puny (b) What was the report on the condition creature compared with its fat 1966 of the school? predecessor, which proposed 41 (c) Has any maintenance, renovation or amendments to the principal Act. building taken place since then; if so, what This Bill contains only ten amend­ are the details? ments and it has, for obvious reasons, been limited to urgent matters or The Hon. G. L. CHANDLER where some clarification of the law is (Minister of Agriculture) .-In reply required because of administrative to the honorable member's questions, problems which have arisen. the Public Works Department has advised as follows:- As with most local government measures, there is no common thread (a) 25th October, 1966. running through the ten clauses of (b) The building is in generally sound this Bill-they are related only in so condition. Extensive maintenance works -far as they apply to local government are required, but the extent to which works of this nature should be effected cannot be administration. Clause 3 concerns determined until the future of the building electoral advertisements and deals has been decided. This is at present under with certain offences at municipal close consideration, and it is expected that elections. It substitutes for the a decision will be made when the new building programme is prepared in March present sub-section (4) of section 151 and April, 1967. of the Local Government Act the 2978. Local,'Government [COUNCIL.] (Amendment) BiU. corresponding but more comprehen­ member councils, is unable at present sive provisions added to The Constitu­ to recommend adoption of a scheme tion Act Amendment Act in 1961-it which would preserve the rights of applies to municipal elections the pro­ persons transferring from one council visions which apply to State elections. to another, and which would involve These provisions deal with the pub­ the establishment of a central fund. lishing and distributing of electoral Some municipalities believe it would advertisements and like material. be a grave disadvantage. However, What is new so far as the Local Gov­ the Association has proposed that ernment Act is concerned is the pro­ municipal employees should be en­ hibition on advertisements and other titled to long service. leave on the matter likely to mislead electors and same basis as that applying in the the prohibition on the writing or post­ State Public Service. This will entitle ing of advertisements on public prop­ an employee after fifteen years' ser· erty or on private property without vice with a municipality to four and the consent of the owner or occupier. a half months' long service leave From time to time there have been with pay and to one and a half complaints of such offences at muni­ months' long service leave with cipal elections, and the existing sub­ pay in respect of each additional section (4) of section 151 was period of five years' completed ser­ recognized as being inadequate. The vice. Clause 4 inserts in the principal provisions of The Constitution Act Act suitably adapted provisions of the Amendment Act are being incor­ Public Service Act to give effect to porated in the Local Government Act the Association's proposal. with only such alterations as are Clause 5 proposes a clarification necessary to apply them to municipal amendment by adding sub-section elections. (6A) to section 244 of the principal Clause 4 amends section 167 of the Act. The Municipal Association of p.rincipal Act by inserting new section Victoria asked for express authority 167A to deal with long service leave for councils to contribute to youth for municipal employees. Under the clubs and similar organizations. This Labour and Industry Act, employees clause gives the appropriate authority. are already entitled to long service Clause 6 amends section 258 of the leave, and some councils have principal Act, which relates to supple­ adopted their own schemes. The mentary valuations. It adds an addi­ recent Commission of Inquiry into tional ground to the existing grounds Local Government directed attention on Which a council is required to to the advantages to be gained by all carry out a supplementary valuation parties if local government and allied of rateable property. This could be authorities were regarded as one beneficial to the ratepayer, because industry for the purpose of long supplementary valuations will be re­ service leave. In particular, transfers quired in cases where the exercise of of staff between local councils would certain statutory powers materially not break continuity of employment, alters the value of any property. An and an officer moving from one muni­ example which comes readily to mind~ cipality to another would still, on the and which generated this amendment basis of aggregate service, be entitled is the declaration of flood-prone areas to long service leave. under the Dandenong Valley Auth­ The Commission recommended that ority Act. representatives of the Municipal The Hon. SAMUEL MERRIFIELD.-Is Association of Victoria, the Local this brought about by works that the Government Department and the em­ Dandenong Valley Agthority is now ployees' association should confer on carrying out? the matter, and a: conference was The Hon. R. J. HAMER.-Yes, accordingly held in 1964. The Muni­ and also in rezoning and the cipal Association, having consulted its declaration of flood-p.rone areas. The Hon. R. J. Hamer. LoealGovernmem [21 FEBRUARY, '1967.] (Amendment) Bill. ,297:9 The' Hon. SAMUEL MERRIFIELD.­ one of the councils is the, construct­ In the case of areas which have ing authority and will set aside the always been subject to inundation, land required. the' amended legislation will not re­ quire a general revalution, will it? The Hon. M. A. CLARKE.-Why is the clause limited to two municipali­ The Hon. R. J. HAMER.-No, but a ties? Three could be affected. formal declaration will mean that values in the area will drop, and this The Hon. R. J. HAMER.-A situa­ will require a supplementary valua­ tion requiring a provision of this tion. The proposed provision is not nature has arisen on occasions be,. limited to that sort of power; it tween two municipalities, and the could apply to the exercise of any purpose of the proposed amendment statutory power. is to cover this sort of thing, but I shall certainly look into Mr. Clarke's The Hon. P. V. FELTHAM.-Would suggestion that the application of the it cover zoning under the Town and provision should not necessarily be Country Planning Act? limited to two municipalities. The Hon. R. J. HAMER.-I should Clause 8 is designed to remove like notice of that question, because some doubts as to the application of I should like time to examine its im­ section 329 of the principal Act, and plications. The proposed provision an amendment to sub-section (1) is should not apply in the way suggested proposed. When a municipality by Mr. Feltham, because the Town adopts rating on unimproved capital and Country Planning Act prohibits values, this section provides that the payment of compensation in re­ thereafter the council shall make and spect of the exercise of planning levy all rates on the basis of the un­ powers. However, I shall ensure improved capital values of rateable that that aspect is investigated. properties. This does not apply to cc special rateable properties" ; these The Hon. SAMUEL MERRIFIELD.-I are properties of a class specified in take it that the declaration of the Act or declared by the Gov­ property prone to flooding would ernor in Council which are considered constitute a change of circumstance to be impracticable to rate on the since the previous valuation. basis of unimproved capital values, The Hon. R. J. HAMER.-Yes. an example being sand pits. The re­ Clause 7, which provides for the in­ quirement, of course, continues in sertion of a new section after section force until any further change is 293 of the principal Act, will permit made in the basis of rating for the the making and levying of a separate municipality. rate over an area which is in two There is some difference of opinion· municipal districts. The device of the as to the requirement in section 329, separate rate is being used increas­ and it has a bearing on the pro­ ingly by councils to provide works visions of sections 290 and 691. Sec­ .that are required in a particular part tion 290. deals with separate rates of a municipality. Examples, that and permits a council to decide come to mind are the provision of whether or not the valuation on which swimming pools and of off-street a separate rate is to be levied shall parking areas, both of which in many be the same valuation throughout ,places are the subject of separate the whole period of the rate. If the rates in the area which will derive same valuation is used, ratepayers the benefit. The purpose of the will pay' the same amount each year clause is to allow two councils' to and the annual return on the rate wil! levy a separate rate, even though the be a fixed amount. Section 691 deals· proposed works are in one' of the .with water rates levied under the municipalities, and even though only Local Government Act and permits 2980 Local Government [COUNCIL.] (Amendment) . BiU. councils to assess the rate according of services-pre-natal care for ex­ to such valuation or any other scale pectant mothers, dental treatment that it shall determine. for children, and so on. These ser­ vices are specified in the definition There is a conflict in wording be­ of "Maternity and Child Welfare tween the fairly wide discretion given Centre" given in section 807, and under sections 290 and 691 and the some legal authority ·has claimed that requirement of section 329 t.hat, once a council cannot validly expend its a municipality adopts unImproved funds on a centre unless all these capital values rating, all rates shall services are provided there. It is a be levied on that basis. The purpose question of the conjunctive and the of the amendment now proposed is disjunctive-the " and" and the to make apparent that the .g~ne~al H or "-which appear frequently in requirement-that a munIcIpalIty statutes. The purpose of the amend­ that has adopted unimproved capital ment is to make it plain that a centre value rating must levy all rates ?n may provide all or any of the services that basis-is subject to the specIal specified. provisions relating to separate rates and water rates. The last clause adds to the Act a new Part XL VA relating to alpine Clause 9, which amends section resorts. I am informed that there 546, is designed to assist coun~ry are seven recognized ski resorts in councils in the problem of controllIng Victoria. Two are in areas under the 'the practice of depasturing cattle on administra tion of the Lands Depart­ roadsides. Section p46 empowers ment, three are under the Forests councils to impound cattle tres­ Commission, one is under the State passing on streets or roads and makes Electricity Commission, and one is it an offence for a person to have under the National Parks Authority. cattle on streets or roads without The five shires in whose territories council consent unless the cattle are these resorts are located have been travelling cattle driven by a drover. unable to offer much assistance in There is no definition of "travelling their development and, because the .cattle" in the Act, and it has proved resorts are in isolated locations, have difficult for councils successfully ~o not been able to provide normal prosecute under this section----doubt­ municipal services. less to the great delight of the persons concerned. This clause provides for the de­ claration of parts of municipalities as . The clause provides a definition alpine resorts and for the making of based on the definition of " traveller" agreements between the public in the Land Act-" cattle being driven authorities controlling the resorts for the. purpose of their being taken and the municipal councils. Under to and left at .a market or some oth~r these agreements, the councils may appointed place". In any proceed­ ings, the burden of provi!lg that carry out works and provide services cattle are travelling cattle WIll be on for agreed payments or the authority ·the. person so alleging. Councils will itself will carry out the works and also be empowered ·to prosecu!e .provide the services. While any such .either the owner or the person In agreement remains in force,. t~e charge of any cattle which are on a occupiers of rateable property wIthIn street or road without council con­ the municipality will not be liable for sent. the payment of any rates levied by the council. Clause 10 makes a small amend­ ment to section 807, which empowers The proposed amendment incor­ councils to· establish and maintain porates suggestions by the Alpine maternity and child welfare centres. Resorts Development Advisory Com­ Such centres may provide a variety mittee, and at the request of the The Hon. R. J. Hamer. Stock (A."tificial Breeding) [21 FEBRUARY, 1967.] (A.mendment) ~iU. 2981

Commission of Public Health the storage of semen for sale, and the obligation imposed on councils to per­ prescribing of qualifications for the form various duties under the Health operation of artificial insemination of Act has been specifically preserved. stock. In the event of the failure of a coun­ The Act also empowers the Gov­ cil and a public authority to agree ernor in Council to make regulations as provided in this section, the with respect to the various matter~ Minister is empowered to determine necessary to give effect to the pro­ the matter as if it were a dispute visions of the Act. Regulations were between municipalities. made under the Act in 1963 prescrib­ Enactment of the amendments pro­ ing, among other matters, the fees posed will be beneficial. I realize that payable in respect of the testing and time is short for the consideration examination of bulls, the licensing of of a Bill of this kind, but I ask mem­ premises, and the issue of ins em­ bers to confer with the local authori­ inators' certificates of competency. ties concerned and, if possible, be Since the drafting of the Act, and ready to proceed with the debate the making of the regulations there­ during this session. 1 commend the under, the Crown Solicitor has taken Bill to the House. the view that fees cannot be pres­ The Hon. SAMUEL MERRIFIELD cribed by regulation unless express (Doutta Galla Province) .-1 move- power to that effect is provided in the relevant Act. In this connexion, That the debate be now adjourned. the Stock (Artificial Breeding) Act I suggest that the debate be ad­ 1962 does not expressly state that journed for one week, but 1 ask the fees may be charged, although this Minister to agree to a longer period is done by way of implication in if members of my party are not section 13, under which the Governor ready to proceed next week. in Council is empowered to make regulations. However, the Crown The Hon. R. J. HAMER.-Certainly. Solicitor has recently informed the The motion for the adjournment of Parliamentary Draftsman that in his the debate was agreed to. opinion there is no power to charge fees under the Stock (Artificial It was ordered that the debate be Breeding) Act as it now stands, and adjourned until Tuesday, February that amending legislation is neces­ 28. sary to rectify the matter. The purpose of this Bill is to amend STOCK (ARTIFICIAL BREEDING) section 13 of the principal Act to (AMENDMENT) BILL. provide the Governor in Council with express power to make regulations The Hon. G. L. CHANDLER (Min­ prescribing fees for the purpose of ister of Agriculture) .-1 move- or for carrying out the objects of That this Bill be now read a second time. the Act. Clause 2 of the Bill makes The purpose of this Bill is to over­ provision for the retrospective oper­ come a legal difficulty which has ation of the amendment. This is arisen in relation to fees prescribed in necessary because the fees prescribed the Stock (Artificial Breeding of in the regulations under the Stock Cattle) Regulations 1963 made under (Artificial Breeding) Act have been the Stock (Artificial Breeding) Act charged since the Act and the regu­ 1962. This Act provides for the con­ lations came into operation on 24th trol and regulation of artificial breed­ September, 1963. ing of stock in Victoria, including the The Bill has been introduced to examination, testing and approval of remedy one of those oversights for sires, the licensing of premises used which all honorable members must for the collection, processing or accept some responsibility. When 2982 Seiond~HaruJ,. Dealetrs, ' [COUNCIL.] (Amendment) Bill.

officers of the State are requited to licensed second-hand dealer is re­ examine bulls, issue certificates of quired, after every purchase of competency, make ,registrations, and second-hand wares, or after any so on, it goes without saying that a second-hand wares come into .his charge for the service must be made. possession, to enter in a purchases Provision to enable this to be done book particulars of the transactions. IS usually included in Acts of Par­ The purpose of this provision is to liament dealing with such matters, aid the police in tracing stolen and when the relevant Bill was de­ property. bated it was believed that it con­ tained power not only for the making Many instances have come to the of regulations but also for the pre­ notice of the police where stolen scribing of fees. Apparently, that was property has been sold to a second­ not so, and I think members of the hand dealer who has not entered the House will agree that they have to purchase in his purchases book. On accept as much responsibility as I examination it has been found that do for this omission. I commend the the property in question was not Bill to the House. second-hand wares within the mean­ ing of the Second Schedule or, pre­ On the motion of the Hon. sumably, the regulations, and, accord­ G. J. O'Connell, for the Hon. ingly, no prosecution has been pos­ ;0. G. ELLIOT (Melbourne Province), sible, even though there might have the debate was adjourned. been a strong case against the dealer. It was ordered that the debate Many new kinds of goods are con­ be adjourned until Tuesday, tinually coming onto the market, so February 28. that the range of goods which could be included in the Second Schedule, or prescribed by regulation, is almost SECOND-HAND DEALERS inexaustible. It will therefore sim­ (AMENDMENT) BILL. plify, and I think make more sensible, The Hon. R. J. HAMER (Minister the administration of the Act if the for Local Government) .-1 move- method of controlling second-hand That this Bill be now read a second time. wares is reversed. Therefore, the Bill proposes to amend the definition :This small Bill seeks to provide a more efficient method of' defining of "second-hand wares" in section second-hand wares. At present, sec­ 3 to mean "any goods which have tion 3 of the Second-Hand Dealers been used, worn or otherwise em­ 'Act 1958, defines them as any goods ployed ", but not including those which have been used, worn, or goods enumerated in the Second otherwise employed, and which are Schedule or which may be prescribed of any of the kinds or classes men­ by regulation. A general description tioned in the Second Schedule to the of second-hand goods will apply, and Act, or prescribed by regulation. A certain exceptions will be set out in formidable list of goods is set out the schedule or specified by regula­ in the Second Schedule; it commences tion. I believe this proposal will with watches and jewellery and ends appeal to members as the sensible ',with musi,cal instruments., with a way of dealing with the problem. I '.great variety, listed in between. I commend the Bill to the House . .do not know how many others have ,b~en ,added to the list by regulation. On the motion of the Hon. G. J. O'CONNELL (Melbourne Province), The Act requires any person deal­ the debate was adjourned. 'ing in or carrying on the business of <~buying, selling or exchanging any It was ordered that the debate be 'second-hand wares to be licensed ,adjourned until Tuesday, February :under the Act. Under section 22 ,a 28. Printers and Newspapers [21 FEBRUARY, 1967.] (Amendment) BiU. 2983

PRINTERS AND NEWSPAPERS occasions, jf at all, yet this House is (AMENDMENT) BILL. asked to approve a measure which The debate (adjourned from Feb­ proposes to extend the effect of three ruary 14) on the motion of the Hon. sections of the Act to other forms of V. O. Dickie (Minister of Health) reproducing words. for the second reading of this Bill Section 5 of the principal Act was resumed. provides that any person who prints The Hon. J. M. WALTON (Mel­ for publication or dispersion whether bourne North Province) .-The pur­ gratuitous or for money shall print in pose of this Bill is to amend the legible characters his own name and Printers and Newspapers Act by ex­ address and, if it is a company tending the interpretation of "to the name of the company and print" for the purposes of sections his name and address. Section 7 5, 7 and 8 of the Act. Apparently, states that he shall keep a copy of by a decision of the New South Wales the publication and write on it the Full Court in 1932, roneoing is not name and address of the person who considered to be printing. The word ordered same. Under section 8, any " print" appears throughout the Act. person who sells or offers for sale or As a result of the decision of the New gratuitously delivers or offers so to South Wales Full Court, the police deliver or leaves in any public place in this State have been slow to act or otherwise exposes to public view because it was felt that the law any printed paper not complying with would prove deficient. Accordingly, the preceding sections, is also guilty this Bill has been introduced. The of an offence, and any person may proposed new section 1OA reads as apprehend the offender and take him follows:- to a police officer to be charged with offences under these sections. For the purposes of sections 5, 7 and 8 of this Act "to print" and any derivatives The Government may have good thereof includes reference to printing type­ writing lithography photography and any reasons for desiring this amendment. other mode of representing or reproducing From time to time, pornographic or words in a visible form. offensive literature may be dis­ tributed, and it is not possible to In the past, printing, in the main, proceed against the person concerned referred to letterpress printing, but because the name of the printer does to-day its meaning has extended to not appear on the publication. With offset printing, typewriting, duplicat­ improvements in printing processes, ing, and all other forms of reproduc­ it is difficult to distinguish between ing words. letterpress printing and some other Although the Labor Party does not forms. No doubt, the Government oppose the Bill, it believes difficulties has honorable intentions in introduc­ will be found in its operation. In the ing this Bill, but I suggest that the past, the provisions of the Printers proposed amendment may result in and Newspapers Act have never been anomalies. policed. Most businessmen do not The proposed new section refers to want the printer's name and address c; any other mode of representing or to appear on their documents. Very reproducing words in a visible form ". often, a printer may have two large If a member sent out papers copied accounts, in the same industry, and, on the Xerox machine in the Parlia­ for business reasons, he does not ment House Post Office to school want his name to appear on printing committees, it, would be necessary undertaken for either of the accounts. for his name to appear on the copy. Because printers have entertained If a person were continually placing doubts in this regard, they have not a rubber stamp on a piece of paper been carrying out the law. The Act for distribution, it would be neces­ has been invoked only on rare sary for his name to appear on it. '2984 Printers and Newspapers [COUNClL.] (Amendment) BiU,.

I believe the Bill is headed for our names on it; we could be arrested. troubled waters'. Nevertheless, the Of course, if we agree with the con­ Labor Party is prepared to accept tents of a document, most members 'the Minister's explanation that from place their names on it. time to time it is necessary for police to apprehend persons distributing Doubtless the word " typewriting " offensive literature. The Labor Party has been included in the amendment does not oppose the Bill. so that roneoed documents will be brought within the ambit of the legis­ The Hon. I. A. SWINBURNE lation. What will be the position if (North-Eastern Province).' - The the people conducting a function at a Country Party does not intend to church hall have some leaflets oppose the Bill, but it is concerned roneoed and distribute them to adver­ that the proposal will affect people tise the fact that the function is to whom it was never intended to cover. be held? Will everybody concerned Possibly, it will be one of those be arrested or fined? I do not think things which will be applied only in that is the intention of the Govern­ certain cases. ment, and I shall be pleased to hear what the Minister has to say regard­ The Hon. SAMUEL MERRIFIELD­ ing limiting the effect of what is Like the Labour and Industry Act in proposed. regard to Sunday baking? I support the purpose for which the The Hon. I. A. SWINBURNE.-I measure has been introduced. The Shall not deal with that at the type of material that has been re­ moment. The Government has intro­ ferred to should not be distributed duced this Bill because roneoed unless it is possible to trace the material is being distributed by person responsible for distributing it, youths and other people at demons­ but the measure goes beyond that. trations throughout the country for A great deal of legislation that comes the purpose of giving information on before this House does not do what matters which are current at the is intended, yet the Government will time. The material is being distri­ not listen to members of my party buted in roneoed form because it is when we try to point out this fact. then unnecessary to place any Invariably a further Bill has to be authorization thereon, whereas, if the brought before the House to correct material were printed, it would be an anomaly. I hope this Bill will not necessary for the printer's name to be in this category. If it is passed in appear on it. its present form, there will be a great I visualize that every time a mem­ deal of opposition to it throughout ber sends out material from this the State because innocent people House, he will be in a difficult could become involved in what the position if no printer's name or Government is trying to stop. I urge authorization appears on it; he will the Government to re-examine the be duty-bound to sign his name at Bill before it is passed. the foot of the document. If a mem­ The motion was agreed to. ber sends to members of the public answers to questions in this House The Bill was read a second time without signing the copies, he may and committed. be arrested for an offence against the Act. Surely, the Government Clause 1 was agreed to. does not intend to place people in Clause 2 (New section inserted). that position? Members of Parlia­ ment receive a great deal of literature The Hon. V. O. DICKIE (Minister which they forward to their con­ of Health) .-This did appear to be stituents. If this Bill is passed in its a simple Bill, but after listening with present form, and we send out one great interest to the remarks of Mr. of these documents without putting Walton and Mr. Swinburne. I am not Social Welfare [21 FEBRUARY, 1967.] (Detention) BiU. 2985 sure that it is. When an Act is being youth training centre to come before amended, it is of interest to examine a court again and be given a further the tenor of the original Act. An gaol sentence; therefore, I sought ,examination of the exemptions sec­ advice from officers of the Social tion of the Act reveals that it speci­ Welfare Branch. I was told of one fically sets out those matters that are or two circumstances which could exempted in conjunction with the arise and which could prevent some­ term cc to print". If it is intended to thing from being done to rehabilitate extend what is meant by the words a young offender. Section 46, which cc to print," it is necessary also to the Bill proposes to amend, states- examine the exemption provisions to No young person who is convicted of any ensure that the exemptions go hand offence whilst he is serving a term of im­ in hand with the proposed extension prisonment of more than three months or which is committed whilst he is on parole of the term. I fully appreciate the from a gaol pursuant to the provisions of extensions involved by including the Part IV. of the Crimes Act 1958 shall be words cc and any derivatives thereof sentenced to be detained in a youth training includes reference to printing type­ centre for any such offence. writing lithography photography and If a youth is sentenced to a term any other mode of representing or of imprisonment for six months and reproducing words in a visible form." before he commences to serve this I now believe, because of what has sentence it is considered by the been said by Mr. Swinburne and Mr. gaol authorities that there is a pros­ Walton, that the Government should pect of his becoming a decent mem­ re-examine the exemption provisions. ber of society, they endeavour to Both parties have indicated their have him transferred to a youth intention to support the Bill, but I training centre. It may well be that appreciate that they foresee certain after serving a period in a youth difficulties which could require training centre he is released by the amendment at a later stage. However, Youth Parole Board, as distinct from I should like the matter to be cleared the Adult Parole Board, and he may up during the current sessional break the terms of his probation, be period, so I suggest that progress be brought before a court on another reported in order that I may have a offence and given a further gaol further discussion with the Chief sentence. Under section 46 as at Secretary on the matter. present worded, the gaol authorities are precluded from again giving him Progress was reported. the opportunity of being rehabilitated in a youth training centre. SOCIAL WELFARE (DETENTION) Apparently representations have BILL. been made to the Government by the The debate (adjourned from Feb­ Social Welfare Branch to ease the ruary 14) on the motion of the Hon. stringency of the prOVISIons of L. H. S. Thompson (Minister of section 46, and that is the purpose Housing) for the second reading of of this Bill. It is proposed to add this Bill was resumed. the following words to section 46:­ unless at the time of conviction thereof The HOD. ARCHIBALD TODD he ha.s been transferred from a gaol to a (Melbourne West Province).-This youth training centre and is there under­ Bill proposes a small amendment to going detention in accordance with the pro­ the Social Welfare Act, and at first visions of section thirty-eight and section glance one might imagine that it forty of this Act. would be ra ther difficult to bring The provisions of sections 38 and 40 about a position that is covered by are important and relate to the trans­ the amendment. I considered that it ferring of a youth from a gaol to a would be strange for a young offen­ youth training centre for the serving der who has been transferred to a of the unexpired portion of his 2986 . Social Welfare [COUNCIL.] (Detention) . Bill.

sentence and to a young person and then become involved in some under commitment from the Chil­ action whilst on probation. This Bill dren's Welfare Department. It is the will enable such a youth to be sent hope of society that these institu­ to a youth training centre if, in the tions will serve their purpose and judgment of those concerned-and will give young offenders every they are people who have had vast opportunity to rehabilitate them­ experience in this field-he is worthy selves, despite the fact that they may of the opportunity. have appeared before a superior court on more than one occasion. I The motion was agreed to. thought the Minister might have The Bill was read a second time given some indication of the number and committed. of youth training centres in existence, their location, how many persons can Clause 1 was agreed to. be accommodated therein, and Clause 2 (Amendment of No. 6651 whether the accommodation is ade­ s. 46). quate. I may have some suspicions of the motive behind the introduction The Hon. L. H. S. THOMPSON of this amendment, but I accept it in (Minister of Housing) .-Off hand, I the spirit that the Government has could not inform Mr. Todd of the presented it to the House, namely, a locations and capacities of the desire to give offenders a chance to various youth training centres. The rehabilitate themselves and not to one with which I am most familiar debar them completely from admis­ is that at Malmsbury, which was sion to youth training centres if they established within the past four or come before a court again and are five years; I understand that it is sentenced to an additional term of working very well. I know that the imprisonment. Director of Social Welfare has been anxious to give youths who give any I respect the opinions of officers of indication of being able to use the the Social Welfare Branch, and I am training facilities and become useful sure that they do not make foolish and law abiding citizens the oppor­ recommendations. Therefore, there tunity to do so. I shall ask the Chief can be no doubt that, in suggesting Secretary if it is possible for the this amendment, they are acting in detailed information sought by Mr. the best interests of society, and my Todd to be made available to him. party will not oppose the Bill. The clause was agreed to. The Hon. R. W. MAY (Gippsland Province) .-Mr. Todd has adequately The Bill was reported to the House explained the amendment, and I shall without amendment, and passed not cover the same ground. Members through its remaining stages. of the Country Party wholeheartedly support the measure which has for The sitting was suspended at 6.20 its purpose an endeavour to rehabili­ p.m. until 7.49 p.m. tate young people who have become involved in actions which are not sufficiently serious to warrant their LEGAL AID (AMENDMENT) BILL. detention in gaol. Admission of such The debate (adjourned from people to youth training centres will February 14) on the motion of the assist to assimilate them in the social Hon. R. J. Hamer (Minister for Local life of the community. The position Government) for the second reading as outlined by the Minister indicates of this Bill was resumed. that there is a conflict of opinion as to the ability to again admit to a The Hon. ARCHIBALD TODD youth training centre a youth who (Melbourne West Province) .-It is has been admitted to a youth train­ proposed by this Bill to effect two ing centre, discharged on probation amendments to an enactment which - : Legal Aid [21 FEBRUARY, 1967.] (Amendment) Bill. 2987

might reasonably be termed a mile­ warrant further amendments to the stone in the history of the social legis­ legislation to ensure that the com­ lative programme of Victoria. The mittee functions as Parliament Legal Aid Act ensures that no person desires. shall be denied the opportunity, because of a lack of finance, of enter­ The first proposal in this amending ing even the highest courts of the Bill is to increase the membership of land. It would be interesting for the committee that was set up under honorable members to understand the original legislation, which limits where the burden of this legislation the committee to four persons, two -lies and to appreciate what section of of whom are appointed by the Vic­ the community carries the weight of torian Bar Council and two by the it. I suppose on many occasions we Council of the Law Institute of Vic­ are prone to criticize members of the toria. I t is proposed to double the legal profession. This is done size of the committee. In his second­ generally without justification and reading speech, the Minister for frequently on the spur of the moment Local Government emphasized that but, upon examination of the legal the demands on the time of the four profession as a whole, we must admit members of the committee have been that it occupies a very important such that there has been some disloca­ place in our social structure. tion of the work of the committee because of the inability of its mem­ An examination of the preamble to bers to attend certain meetings. On the Legal Aid Act gives some indica­ one occasion, the committee was tion of the aims of the legal profes­ unable to secure the usual quorum sion in so far as legal· aid is con­ because one member was in Sydney, cerned. The preamble states- another in Bendigo and another in Whereas the members of the legal pro­ Shepparton, carrying out duties fession of Victoria believe that no person associated with their private affairs. should be without legal assistance by reason The present chairman of the com­ of his being unable to pay therefor: mittee is Mr. Allan Lobban who, with That is an important statement be­ Mr. Frank Steuart, a member of the cause it means that persons have committee, is a member of the Law entry into the highest court of the Institute. The representatives of the land. In fact, on at least one occa­ Bar Council on the committee are Mr. sion, an applicant for legal aid has Nubert Stabey, Queens Counsel, and been able to secure the assistance of Mr. J .. Hedigan. The secretary of the the profession in being represented in committee is Mr. J. Heffernan, who, the High Court. The preamble con­ as the reports furnished by the tinues- committee show, performs a certain And whereas on behalf of the members amount of administrative work. of that profession, the Victorian Bar Coun­ cil and the Council of the Law Institute of The Minister for Local Government Victoria have voluntarily offered to provide stated that it was necessary to in­ legal assistance for poor persons and to crease the size of the committee, and appoint a committee to establish and an examination of the activities of administer a scheme for that purpose. the committee reveals that this is So far as Parliament has knowledge, justified. A study of the figures con­ the scheme set up under the parent tained in the report of the committee legislation has been fairly effective, issued on 30th June, 1966, reveals and it has some degree of use in the that during 1965-66 there were 2,168 community. In fact, it could be said applications to the committee, rang­ that, as the dealings of the committee ing over a series of matters including have become more widely known to divorce, maintenance, custody and the public, applications for aid have affiliation, motor accidents, criminal continued to increase, and we can cases, civil causes, workers com­ anticipate that the demands on the pensation, probate, and several minor committee in the years ahead will matters. Of these applications for ~988 Legal Aid . [COUNCIL.] (Ame~ment) BiU. aid, the secretary, Mr. Heffernan of the committee becomes more dealt with 897 cases. A number of publicized. Not every person in the these were not entitled to legal aid, community .is financially capable of and others were concerned with acquiring legal assistance, especially minor problems relating to entangle­ in major courts. The committee's ments with hire-purchase companies report reveals that the committee's concerning which Mr. Heffernan was activities range over the whole gamut able to tender advice or convince the of the courts in Victoria, including applicants that there was no need to the Supreme Court and the Full secure legal representation in order Court. Of course, litigation in these that they might extricate themselves courts is not provided cheaply. from their difficulties. Naturally, members of the Labor No doubt, other applicants sought Party concur in the proposal to assistance from the committee be­ extend the membership of the Legal cause they had been threatened with Aid Committee. We realize that eviction proceedings. Probably, Mr. when the committee's work becomes Heffernan was able to inform them banked up, there will be no danger that, as the law stands, everything is of the committee not being able to loaded in favour of the landlord, and find a quorum. I understand that therefore the committee could do the committee normally meets for very little by providing representa­ three or four hours commencing at tion in court because the issue of an 5 p.m., and no doubt the increased eviction order against the applicant membership of the committee will was inevitable. Cases of that type enable the committee to be divided could be included in the 897 cases into two groups. The proposed dealt with by the secretary. Pro­ amendment is sensible. Members of bably in other cases, it was debatable the Legal Aid Committee undertake whether the applicants were justified their work voluntarily. An examina­ in seeking aid from the committee. tion of the personnel of the com- During 1965-66, '1,271 applications . mittee over a period of time reveals were referred to the committee, of that, from time to time, members which 902 cases were approved, as retire and are replaced by new compared with 523 cases in 1964-65. members of the legal profession, Obviously, the work of the com­ either from the Law Institute or the mittee is becoming increasingly Bar Council. A committee of eight known to various organizations will, I believe, function efficiently, which are named in the committee's and I commend the Government for report and which are referring agreeing to the representations from increasing numbers of people to the the committee that its membership ~ommittee to ensure that they shall should be increased. be properly protected in court pro­ ceedings when they are unable The second amendment is also im­ privately to finance legal repre­ portant. It relates to the distribution sentation. of the moneys to the credit of the special trust account. Under the I was informed by Mr. Heffernan existing legislation, these moneys may that for the period June to December be distributed only once in twelve of last year, after the report to which months. The proposed amendment I refer was issued, there was an seeks to give the Legal Aid Commit­ increase of 50 per cent. in applica­ tee the right to distribute the funds tions compared with the number for every six months. As the work of the preceding six months. The pre­ the committee increases, the stage diction of the committee that the may be reached when the committee number of applications would con­ may be in a position to make a tinue to increase was correct, and, quarterly distribution of funds. I obviously, applications for assistance understand that at present a sum of will continue to increase as the work approximately $27,000 stands to the The Hon. Archibald Todd. Legal Aid [21 FEBRUARY, 1967.] (Amendment) BiU. 2989 . credit of the trust account, contribu­ I understand that the committee tions from assisted persons being in began its work in a humble way in the vicinity of $17,000, and costs that" monument" to the profession recovered from the opposing side in in William-street - Owen Dixon the vicinity of $10,000. Chambers. It has now moved to the " mausoleum", the out-dated build­ The report of the Legal Aid Com­ ings which house the Titles Office mittee for the year 1965-66 contains and several other Government bodies. details of funds collected and fees Although these are slightly more certified as follows:- commodious than its original Contributions by as­ $ premises, in the future the Govern­ sisted persons 15,724.12 ment will have to find other accom·· Costs recovered 8,325.61 modation for the committee. It may Bank interest 179.64 be considered as a tenant for portion of the State Public Offices which are 24,299.37 at present being erected at the rear of Parliament House. Undoubtedly, Solicitors' costs cer­ the committee's present staff will tified 30,474.94 require to be augmented, and other Counsel's fees cer­ offices will have to be found for it tified 28,195.75 because it will constitute an impor­ tant function in our social life in per­ 58,670.69 haps five or ten years' time. The Government should look ahead with These figures indicate that the dis­ the idea of providing better accom­ tribution to the solicitors and mem­ modation for the Legal Aid Commit­ bers of the bar concerned was in the tee. At present, a person who wishes vicinity of approximately 41 cents to interview Mr. Heffernan has to sit per $1. Therefore, in their accounts in a passage and perhaps bear the they made a voluntary contribution scrutiny of passers-by who have of 59 cents per $1 to the welfare of business associated with the Titles the State. Members of our party Office. It would be preferable if the recognize that this is an important activity for which the legal profession committee were housed in better is to be commended. It should always accommodation than that which is appear on the credit side whenever now available in the Titles Office the work of the profession is under building. review in any way. The Legal Aid Committee's report Under the heading of " Comment ", further states- the report of the Legal Aid Com­ By the committee's report dated 23rd mittee states- May, 1966 a recommendation was made for a division of legal aid work between the The increase in the volume of applica­ Public Solicitor's Office and the committee. tions by nearly 100% in the period of one year under review was probably brought It was proposed that by stages the Public about by several causes, including growth Solicitor should take over all criminal in population, but there can be no doubt matters leaving the balance of legal aid that the over-riding cause was a rapidly work to the committee. spreading awareness of the committee's work in the minds of the public and the I do not propose to express any profession. opinion on that suggestion except to In a dynamic and expanding society it say that the Law Department should is difficult to assess the likely point of confer with the appropriate saturation, but it becomes more apparent that some increase in the size of the com­ authorities with a view to ascertain­ mittee and its staff will be inevitable if it ing whether this proposal is desirable is to function effectively. This will in turn necessitate larger accommodation and steps and whether it could be implemented are already being taken in this direction. at an appropriate stage. 2990 Legal Aid '. [COUNcn..] . (Ame"Mment) , Bill.

In regard to the division of work. These members of the legal profes­ the report pointed out- sion cannot afford to wait' twelve The experience of the committee since has months to obtain the 41 per cent. of confirmed the views then put forward. It the accounts that they render to the will be seen that maintenance applications committee. The proposal to distribute still form the greatest single component of the funds at six-monthly intervals the applications. As the vast majority of is to be commended. I t is only fair these are heard in Courts of Petty Sessions they represent a new field of legal aid that the members of the legal pro­ which was not provided for under the pro­ fession should be reimbursed, at least visions of the Poor Persons Legal to the extent that they are, at the Assistance Act. It can be assumed that earliest possible moment. If it is any deserted wife in necessitous circum­ stances who requires assistance in proceed­ found possible at a later date to intro­ ings under the Maintenance Act will be duce a scheme to provide for a dis­ assured of legal representation. The work tribution at intervals of less than of the committee in the past year has also six months, it ought to be put into revealed that the Public Solicitor's Office has become so inundated with divorce and effect. other matrimonial and domestic causes that it has been obliged to put applications on a Under the heading of "Subsidy" waiting list which in many cases would the committee's report states- involve a delay up to two years. In a The contribution of the profession in Vic­ number of these, although the applicants toria to legal aid was at the rate of 59 would have qualified for aid under the cents per $1 for the year ended 30th June, means test laid down in the Poor Persons 1966. The committee considers this rate of Legal Assistance Act, the committee has contribution is unfair and the ultimate aim approved the applications with a view to should be to increase the distribution to securing speedy justice. about 75 cents per $l. A subsidy of approximately $20,000 would have achieved That is an important point. Although this objective in the year just ended. the committee could have said, "You can get in line down at the Public As the report points out, a contri­ Solicitor's Office and wait for two bution of $20,000 or £10,000 is not years," it preferred to say, "We a large sum. recognize that you are entitled to Some of the bodies which refer justice and we will provide it for you cases to the committee include the at an early date." As members of Aborigines Welfare Board, private Parliament, we should be grateful to social service organizations, the the committee for adopting this Commonwealth Legal Service Bureau attitude. -I should have thought the Com­ monwealth Government might have The report goes on to describe taken action itself-and the Consu­ some of the work of the committee. mers Protection Council. Obviously, Additional copies of the committee's the Legal Aid Committee will never reports should be made available to be short of work; it will continue members of Parliament so that, in to grow like a tree. Parliament addition to the leaders of the parties, should ensure that every assistance members may be informed of the is given to the committee so that its activities of the committee in the work may flourish. interests of the less fortunate persons jn the community. On behalf of our party, 1 pay tribute to the persons who are The commi,ttee's report refers, in charged with the administration of .an indirect way, to the second the Legal Aid Committee-to Mr. ,amendment in the Bill- Heffernan and his staff and the mem­ As the greater proportion of assisted bers of the profession who have -cases is in the Petty Sessions jurisQiction, made their contribution not only in the burden of the scheme falls most the courts but also on the adminis­ heavily on members of the junior Bar, particularly on members of three years' tration side. This is an important .standing or less. measure, and I hope that its passage The Hon. Archibald Todd. · Legal Aid, . [21 FEBRVARY, 1967.] (Amend~nt) BiU. 2991

through another place will not be increased from four to eight and that unduly delayed because of the the committee should be able to sit amount of business before that in two divisions, eith~r in alternate Chamber. I trust that the proposed weeks or, if necessary, in the same legislation will come into effect week, whereas in important cases the within a short period so that the whole committee - not just three committee may distribute its funds members - should be summoned at an early date. together. The Hon. M. A. CLARKE (Northern The general impression is that there Province).-Members of the Country is a fixed means test in relation to Party support the two amendments legai aid, but that is not so. I urider­ proposed to the Legal Aid Act. Mr. stand that, in assessing the needs, Todd has adequately covered the the secretary and committee examine, development of legal aid in this first, the merits of the case and, State, and I shall try not to traverse secondly, the financial standing of the same ground that he covered. the applicant. There is no fixed However, attention should be directed means test. Applicants are required to the fact that the Legal Aid Com­ to complete a long form; I think it mittee has only a small staff. The is too detailed. For example, an appli­ secretary, Mr. Jack Heffernan, came cant is asked to give details of from Rochester, where he was a watches, trinkets and personal solicitor. This demonstrates the property, and exhaustive inquiries quality of the staff of the committee. are made concerning money tha t Mr. Heffernan has to assist him only might have been given away during one law clerk-admittedly, he has had the past few months, and so on. Per­ 30 years' experience-and four girl haps this questionnaire could be typist-stenographers. This is not a liberalized; I do not know whether large staff when one considers this is a matter for the Government the number of cases handled by the or the Legal Aid Committee. In any committee and the fact that the case, I suggest that the questions number of cases increased by 50 per could be made less searching. The cent. during the last six months of committee has an absolute discretion last year. as to whether or not legal aid is given. The Legal Aid Committee is It must have regard to the type of housed in quite adequate quarters case-whether it is one for a Court in the Titles Office building, but it of Petty Sessions or the Supreme needs permanent accommodation Court. I suppose the means test, if and provision must be made for one may call it that, would vary with expansion. the amount of expense that might ultimately be involved. Of course, a The first amendment is to increase considerable sum is recovered in the the size of the committee from four way of contributions by applicants to eight-four persons nominated by towards costs. The scheme is not the Bar Council and four by the Law entirely free and, if applicants for Institute of Victoria. I was staggered aid can pay, they must contribute in to hear from Mr. Heffernan that he part. compiles a dossier of cases by Friday evening and lawyers, honorary and The Legal Aid Committee is volun­ voluntary, spend their week-ends on tary and unpaid, whereas a similar the particular cases. They meet on committee operating in the United Monday evening at 5 p.m. to go Kingdom is a paid body. I think the through them, and I understand that local situation is a credit to the Vic­ they spend from six to eight hours torian bar. The Government will a week on this job, unpaid. It is have to examine the question obviously desirable that the number of the distribution of work be­ of committee members should be tween the Public Solicitor and the 2992 Legal Aid [COUNCIL.] (Amendment) BiU.

Legal Aid Committee. At present, who are least able to make such a section 3 of the Poor Persons Legal substantial contribution. Taking into Assistance Act controls the position account their gaining of experience of the criminal who seeks assistance and so on, I think these gentlemen either at a Court of General Sessions would be fairly recompensed if they or at an appeal, and requires that received 75 cents in the $1. It is application must be made within a bit hard for them to receive only fourteen days. There is no discretion 41 cents in the $1. in regard to this, so that, if a declara­ tion has not been made within the I stress the fact that the Common­ statutory period, the only recourse of wealth is benefiting from this legis­ the person concerned is to the Legal lation. A good deal of the legal aid Aid Committee. If, as is suggested provided is concerned with matri­ in the report, there should be a divi­ monial causes, maintenance, divorce, sion so that most of the criminal aid custody, and so on. Often the Com­ is dealt with by the Public Solicitor, monwealth saves money in the form section 3 of the POor Persons Legal of social service contributions that it Assistance Act should be liberalized would have to pay if it were not for so that the provision for application legal aid or for advice given by Mr. to be made within fourteen days Heffernan. I think a good case can without discretion is not retained. be made out that the Commonwealth The only effect of this is to stop an should contribute to the operation of applicant for aid going to the Public the legal aid scheme. The Minister for Local Government is smiling, because Solicitor, forcing him to fall back on we are always at the Commonwealth, the Legal Aid Committee. but in this instance a good case can The Legal Aid Committee farms be presented because the Common­ out cases to solicitors in alphabetical wealth is saving money. I think order. It is remarkable that only some hard-headed business dealing three solicitors and one counsel have with the Commonwealth might be stated that they are not available for effective. this type of case. This again reflects creditably on the legal profession in The Hon. W. M. CAMPBELL.-The this State. It is significant that more State also saves the Commonwealth and more cases are coming to Mr. money in respect of hospitals, but Heffernan from solicitors. Usually does not receive full recognition for when a case comes from a solicitor, this. it continues to be handled by that The Hon. M. A. CLARKE.-It is particular firm. most distressing that the Common­ It has been recognized that the wealth Government has not yet Government has not been mean with cracked under pressure. I hope the money in connexion with legal aid Government will continue to apply or its continuation, but more staff is pressure and perhaps of a more needed. This is perhaps the most varied nature incorporating matters pressing requirement at present. As such as this. By attacking the Com­ Mr. Todd stated, the legal profession monwealth on all sides, it may be is out of pocket over this scheme. At forced to surrender. present its members receive back only about 41 cents in the $1. The Hon. ARCHIBALD TODD.-Do Perhaps the objective should be you suggest that we should start on for them to receive about 75 cents Mr .. McEwen? in the $1. Although they would still not be fully paid, their con­ The Hon. M.· A. CLARKE.-I tribution would be a more reason­ suggest that we should start on the able one. As Mr. Todd pointed Federal Treasurer, who holds the out, junior barristers are receiving a purse strings. The Government will good deal of work from the scheme, need to examine the distribution of but they are the impoverished ones cases between the Public Solicitor The Hon. M. A. Clarke. Legal Aid. [21 FEBRUARY, 1967.] (Amendment) Bill. 2993 and legal aid as the volume grows. and the very able manner in which Perhaps the suggestion that the he dealt with not only the principles Public Solicitor should handle most of this small measure, but also the criminal cases, other than minor ones operation of the whole legal aid in Courts of Petty Sessions-certainly scheme. On behalf of the legal all cases in Courts of General Ses­ profession, I thank him for his sions-will be examined by the generous remarks of commendation. Government. At present, there is Having nothing to do with the an urgent need for the Legal Aid scheme, I believe that his commen­ Committee to have permanent and dation was well deserved. Mr. larger quarters. Clarke has the advantage of legal training, and thus has a little start I now wish to refer to the on Mr. Todd, and I thank him also second amendment, which deals for his contribution to the second­ with the distribution of the income reading debate. Both honorable for six months. As Mr. Todd said, members directed attention to perti­ on the 31 st December last a sum of nent facts concerning the operation $27,000 was in the fund, and under of the scheme. I believe it is a good the present practice that money one, and any person who has need would be distributed in August of of legal assistance and who cannot this year. In other words, this sum afford the full fees need never fear would be frozen until August, that he must go without help. That whereas a number of solicitors and should be a comfort to many people. barristers who have earned the Obviously, it will be to an increasing money are waiting for it. I agree number of people. that the period should be shortened, and suggest that, perhaps, it could be Several suggestions were made reduced to three months. However, about the future of the scheme, which making it six months is a step in the obviously will grow. A 50 per cent. right direction. increase does not occur within six The Country Party wholeheartedly months without there being a ten­ supports this type of legislation, dency to snowball. Therefore, it is which is working very well at obvious that the rather small but present. Legal aid is increasing, and very efficient staff will have to be we trust that the Government will be increased and that their quarters will able to improve the situation so that have to be enlarged or new quarters everyone in the community will be found elsewhere. I foreshadow able to afford to go to court or to another measure, which may come have recourse to law when such before Parliament for its considera­ action is justified. tion during this session, which will The motion was agreed to. be acceptable in that respect. Tied up with this is the suggestion made The Bill was read a second time by both Mr. Todd and Mr. Clarke and committed. that some arrangement must be Clause 1 was agreed to. reached between the Legal Aid Com­ mittee and the Public Solicitor as to Clause 2 (Increase in membership the handling of cases. It may well of Legal Aid Committee) . be, as the committee suggests, that The Hon. R. J. HAMER (Minister the best arrangement would be for for Local Government) .-Members the Public Solicitor to handle all of this Chamber have often admired criminal cases and possibly some in the dexterity displayed by Mr. Todd which the litigant is very poor, and in dealing with legal Bills. I think on that the Legal Aid Committee should this occasion the honorable member deal with all other cases. This excelled himself, and I compliment may be a sensible arrangement of him on the investigation that he made distribution of the work. 29~4 Legal Aid [COUNCIL.] (Ame1ul~rBilt

It is unfortunate that people who aid people. Above all, we appreciate are involved in divorce suits or the fact that the Minister will maintenance cases or custody appli­ endeavour to have the Bill expedited ca tions for children-the rna tters through both Houses of Parliament in broadly known as domestic rela­ order that it may be placed on the tions-should have to wait a long statute-book as soon as possible. period before they can obtain legal advice. As all of us who The clause was agreed to, as was have operated in this field know, the remaining clause. these cases cause great distress. The Bill was reported to the House They are a kind of cancer gnawing without amendment, and passed at the hearts of the people concerned, through its remaining stages. who need help promptly. Some better arrangement will have to be made. I have taken a note of the WEIGHTS AND MEASURES suggestions made during the second­ (AMENDMENT) BILL. reading debate and will convey them The debate (adjourned from to the Attorney-General. I was also November 24, 1966) on the motion of interested in the proposal that some the Hon. R. J. Hamer (Minister for form of subsidy should be considered, Local Government) for the second so that those who are taking part in reading of this Bill was resumed. the scheme would receive some­ thing like 75 cents in the $1 The Hon. J. M. WALTON (Mel­ for their work instead of the bourne North Province) .-This Bill current 40 cents in the $1. Speak­ was introduced during the 1966 ing from the point of view of a spring session of Parliament and was solicitor, I acknowledge that the adjourned to enable honorable mem­ overhead expenses of conducting a bers and outside organizations to dis­ solicitor's office normally take 60 cuss its implications. The Institute of cents to 70 cents in each $1 collected. Weights and Measures and the Bread Therefore, the figure of 75 cents in Manufacturers Association of Vic­ the $1 would cover only the overhead toria are vitally interested in this Bill expenses and would not provide any and have made submissions to the profi t for those people taking part in Government and to members of Par­ the scheme. liament. Some of those submissions require serious consideration and dis­ Moreover, junior members of the cussion by Parliament. I understand bar starting out in the profession, that discussions have taken place who handle a large number of cases with the central administration and in Courts of Petty Sessions, would the Weights and Measures Unions. I appreciate getting 75 cents in the $1. shall discuss the more serious impli­ This committee will never be short cations of the Bill, and I am indebted of work. It is an organization that to the Minister for Local Government Parliament has fostered, and honor­ for providing me with a list of the able members should take some pride amendments he will propose. I crave in its achievement. 1 shall endeavour the indulgence of the House, because to have this measure expedited I have not had the opportunity of through this House and another place giving full consideration to these so that the reforms can operate as amendments, and 1 shall discuss the soon as possible. Bill as circulated. The Hon. ARCHIBALD TODD The weights and measures legisla­ (Melbourne West Province) .-1 tion divides the duties into two thank the Minister for Local Govern­ categories, those carried out by the ment for his kindly acceptance of the central administration and those suggestions made by Mr. Clarke and undertaken by the local authorities. myself. These suggestions were These duties are well defined. The made from our inquiries of the legal people most concerned with this Bill Weights and Measures [21 FEBRUARY, 1967.] (Amendment) Bill. 2995 are the local authorities, who have Sale has been mentioned as having built up almost a century of tradition had no protection in the weights and and have brought much local ad­ measures field for many years. This ministration into the sphere of Bill provides that, if the local autho­ weights and measures. However, the rity believes that it cannot adequately Bill proposes that the central ad­ carry out its functions in relation to ministration shall have certain weights and measures, it may request supervisory powers within the local the Minister to allow the inspectors field. The local authorities are some­ of the central administration of what concerned that their rights may weights and measures to undertake be infringed, and consequently this work. Although the weights and they have forwarded to honorable measures unions are opposed to this members a most important document provision, my party believes it is on the subject. This document re­ reasonable to give the protection that quires careful consideration. Their has not existed in the past. The greatest fear is concerned with clause local councils will be required to 3, which amends section 31 of the make only a pro rata payment, and principal Act by inserting, inter alia, they will then receive the protection new sub-section (7) providing- offered by the central administration. An inspector employed in the central ad­ ministration and engaged in the general Clause 6 amends section 42 of the supervision of the local administration shall principal Act by inserting new sub­ have all the powers of an inspector em­ section (5), which provides- ployed in the local administration other than the verification and stamping of weights Notwithstanding anything in sub-section measures weighing instruments and measur­ (1) as to the places at which the verifica­ ing instruments of. types not prescribed tion is to be carried out, every local autho­ rity shall at the request of the owner of any pursuant to paragraph (c) of sub-section weight measure weighing instrument or (5). measuring instrument ordinarily used or to Naturally, the inspectors who are be used at premises within its jurisdiction, arrange that an inspector shall carry out not employed by the central admini­ the verification of such weight measure or stration wonder whether the inspec­ instrument at such premises. tors employed by that body will be able to direct them in their work. Objection was raised to this proposal. This aspect should be clarified. The I have no doubt that it may seem to Bill provides that the inspectors of the inspector to be a little· hard that the central administration may act in he must go to these premises at the a supervisory capacity. I shall be request of a person. On the other interested to know by way of amend­ hand, there are sometimes good ment or explanation the intentions reasons why it is not convenient for of the Government as to the owner of a machine to produce cc supervision." it at a particular place at a certain Over the years, municipalities have time. To quote a farcical situation, formed weights and measures unions. one could not expect to remove a There are not many municipalities petrol pump and take it to a certain strong enough to employ a full-time place. Further, some delicate weights and measures inspector. The machines may be damaged if they are legislation provides that several required to be taken elsewhere. In .municipalities can band together to his second-reading speech, the Minis­ form such a union. However, because ter for Local Government indicated of geographical or other reasons, a that hardship could be caused to the municipality may believe that if it owner of one machine if that machine joins a larger union it will not receive were taken from him. Therefore, my benefits commensurate with the party does not disagree with this money it provides. Therefore, cer­ clause. The weights and measures tain parts of Victoria are neglected unions disagree with the word and some large cities are involved. "shall"; they suggest that the word 2996 Weights and Measures [COUNCIL.] (Amendment) BiU.·

U may" should be substituted. If this I realize that this matter is now being suggestion were agreed to, the examined by the Statute Law Revi­ present position would remain. sion Committee. The situation is farcical, and I predict that in due If an inspector were required to course this provision will have to travel many miles to a lonely town­ be amended. ship to inspect a particular weighing machine, additional expense might be I mentioned earlier that two organ­ incurred, and this could involve the izations were particularly concerned weights and measures unions and the with this Bill, the second being the local authorities in additional cost. Bread Manufacturers Association. I Perhaps the honorable gentleman understand that a deputation from may inform me whether, if the the association has waited upon the journey is requested by the owner of Minister, although I do not know the machine, payment shall be made the representations placed before him by that owner. or the submissions that he has been prepared to accept. The Bread Manu­ Section 43 of the principal facturers Association has certain Act is a strong provision that objections to the Bill. Probably, allows the Minister to take members will not agree with the action in certain circumstances. I contentions put forward, but, in order have already referred to the fact that that the matter may be properly under proposed new section 43A the debated, all points of view should be Minister may, upon application by a ventilated. local authority, direct central inspec­ tors to assist in the local administra­ Clause 13 re-writes the definitions tion. The Labor Party offers no of "bread" . In the existing Act, opposition to that proposal. bread is divided into two categories, which I may describe as ordinary Clause 8 provides for disqualifica­ bread and Vienna bread. Ordinary tion of the manager of a union on grounds of interest. My only com­ bread may be baked in loaves of 1 lb., ment on this is that it is proposed to 2 lb. or 4 lb., whereas Vienna bread perpetuate a provision that, in my must be baked in loaves of 12 oz. view, is not sound. I realize that a or 24 oz. Under the Bill, it is pro­ similar provision appears in The Con­ posed that the two existing categories stitution Act Amendment Act and in shall be abolished and that all types of the Local Government Act. However, bread may be baked in loaves of 8 oz., the proposed new section 47 A pro­ 12 oz., 1 lb., 24 oz., 2 lb. and 41b. The vides that a person shall not be dis­ argument has been put forward that qualified from being a manager of a there has been a traditional building­ union by reason of being a share­ up of the sizes and types of loaves holder or member of any incorporated of bread. N ow an extension is pro­ company consisting of more than posed. I warn the Government that twenty persons which has entered into any contract with or done any ordinary bread will be sold in shops work under the authority of the at fancy bread prices. In the past, union. I reiterate that, in my opinion, the people have had the advantage this is not sound. A person may be of recognizing loaves of 1 lb., 2 lb. the owner of one share in a company and 4 lb. as against loaves of 12 oz. consisting of only nineteen members ·and 24 oz., but in future the legisla­ and thus be precluded from taking tion will permit the manufacture of part in any activity in which this ordinary bread in anyone of these organization may engage. On the weights. Whether this is good has other hand, a person may own 99 yet to be seen. I warn of the possibi­ per cent. of the shares in a company lity that unscrupulous bread sellers consisting of 21 members and be able will sell ordinary bread at fancy to take advantage of this section. bread prices. The Hon. J. M. Walton. Weights and Measures [21 FEBRUARY, 1967.] (Amendment) BiU. 2997

One of the objections of the Bread it may mean that they will have to Manufacturers Association to the pro­ undertake the somewhat difficult posed amendments related to the task of having gum stickers attached selling of a loaf of 8 oz. It was to the bread or of having the bread explained to the House that people wrapped, with the prescribed infor~ who live alone, including pensioners, mation printed on the wrapping. I could buy an 8-oz. loaf, whereas at agree that it is a good idea that the present they either do not buy bread consumers should< know the names of at all or must buy a loaf that is in the manufacturers of the bread. In excess of their needs. I go along the detection of infringements of the with the Government in this regard. regulations, it would be particularly If the bread manufacturers find that helpful if the officers concerned could there is no demand for an 8-oz. loaf, readily learn the names of. the manu­ they will not continue to bake one; facturers. The Bill provides that any if they do find a demand for it, all person selling bread that is not the manufacturers will bake bread of branded shall be guilty of an offence, this size. This matter will sort itself and penalties are provided. out. People who live alone will be enabled to buy each day fresh bread I mention those problems that the of a smaller quantity than has been bread industry will face. I under­ possible in the past. One of the stand that some public objection has arguments put forward is that the been voiced regarding the proposal cost of producing an 8-oz. loaf is that labels should be placed on almost as high as that of producing bread, and I think some people a 16-oz. loaf. I do not subscribe to imagine that the method adopted will this view. be similar to the licking of stamps for affixing to envelopes. However, The Han. W. R. GARRETT.-There any reasonably intelligent person will would not be much difference in the know that far too many loaves of labour costs; the difference would be bread are produced to make it feas­ mainly in the cost of materials. ible to have people licking labels and placing them on the loaves. I sup­ The Hon. J. M. WALTON.-That is pose there are people who would so. The same argument could apply think along those lines, but it has to loaves of 1 lb. and 2 lb. I feel that never occured to me that this could this part of the proposed new legisla­ happen, and I have always taken the tion will benefit some sections of the view that the labelling would be done community. by machinery. Other people have It is proposed also that all bread voiced the objection that the label shall be marked with the manufac­ must be cut off the bread before it turer's name or designation. I~ can be eaten. It can be seen that, would be possible for a manufacturer under the amended legislation, the to register a brand and to mark bread bread industry will experience some in much the same way as horse teething problems. dealers brand horses. Clause 16 of the Bill provides that The Hon. R. J. HAMER.-A number in a prosecution involving perishable could be used. goods, the person proceeded against shall be enabled to give notice to the The Hon. J. M. WALTON.-That is informant that he intends' to apply so. This matter presents problems to the court for a speedy trial. This for the industry. Not all bread is is only reasonable if the goods are baked in tin cans. Vienna and. other perishable. However, the proposed fancy breads are moulded into shape new section 84A provides that he shall and put in the oven on what are serve on the inspector a notice in­ called slippers. It may be difficult forming him that on a stated day for the manufacturers to place their which shall be not less than one clear brands on loaves of these types, and day after the service of the notice he 2998 Weights and Measures. . [COUNCIL~] (Amendment)' BiU~ . '.

shall apply to a court. The Weights amendments are necessary; in fact, and Measures Union inspectors con­ the Minister has indicated that he sider that that is not sufficient, and intends to propose some amend­ that they should be allowed sufficient ments. time in which to prepare their cases. I understand that, legally, the serving The secretary of the Central Gipps­ of notice means the placing of it into land Weights and Measures Union, a letter-box, and one clear day's who is also secretary of the Warragul notice could easily slip away if the municipality, stated in a letter to time of delivery of a letter took one me- or two days; as a result, an inspector It would be appreciated if you would would not be able to put his case study carefully the enclosed report and before the court. I direct the when the Bill again comes before Parliament attention of the Government to this see that the necessary amendments are matter because I consider that it is made. not unreasonable to extend the time He supplied me with a copy of the for at least two or three days. In suggested amendments. He also another clause, a similar amendment supported the views of his senior is sought. officers and those of the Institute of All in all, the Labor Party does Weights and Measures. Some obvious not oppose the Bill. It considers that technical amendments are necessary, the Government's intentions are due possibly to printing errors or honorable but that there could be slight drafting errors. Other amend­ many teething problems. The mea­ ments are necessary to make the sure is rather lengthy, and it deals measure operate more efficiently and extensively with the bread industry perhaps bring it into line with prac­ which, as the Government knows tical procedures. from past experience, is a very complex one. In the view of the Opinions expressed about clause 3, Labor Party, it is likely that it will which relates to powers of inspec­ be necessary for further amendments tors employed by the central admini­ to be made to the legislation. stration, are well explained by the The Hon. H. A. HEWSON (Gipps­ Weights and Measures Union and land Province).-The Minister for by the Institute of Weights and Local Government made his expla­ Measures, and they are confirmed by natory second-reading speech on this a sub-committee of which I was a Bill during the last sessional period, member and which investigated the and I pay him a tribute for the good contents of the Bill. The sub-com­ judgment he displayed in allowing mittee felt that clause 3 was couched the measure to stand over until the in terms that would enable the cen­ current sessional period to enable tral inspector to override inspectors interested bodies to examine closely employed by municipalities. It was its contents. felt that this clause ought to be People who are affected have made amended to bring it in line with the representations to the Country Party thinking of the Institute of Weights on one or two clauses of the Bill and Measures. which they consider to be a little Sub-clause (9) of clause 3 states- severe. Some observations have The Superintendent or any other officer been made to me by the Institute of the central administration shall not be of Weights and Measures and oy a compelled to disclose in court any source from which he has derived information in senior inspector of the Central Gipps­ .relation to the case. land Weights and Measures Union .. Their submissions coincide with the The Minister might perhaps explain views of member~ of the Country the necessity for this provision, be­ Party, and it is considered that some cause the sub-committee felt that it Weights. and Measures [21 FEBRUARY, 1967.] (Amendment) Bill. 2999: was not necessary at this stage. Con­ are notified by post. If this clause became cerning clause 3, the Institute of law, they could dictate the place, etc., for verification. It is suggested that the word Weights and Measures states- " shall" in line fourteen be deleted and Whilst it is agreed that supervisory substituted by the word "may". This powers are necessary, it is desired to strongly allows a local authority to take into account object to any inspector of central adminis­ the general circumstances surrounding the tration being given direct s4pervisory request. powers over any local authority inspector so as to direct any such inspector to carry This is a reasonable observation and out certain acts. The local inspector is certainly would not require the responsible to his own council or union of inspector to move around the councils. If central administration inspec­ tors are to be given extra powers, this countryside inspecting vehicles with should be clearly indicated. receptacles fitted to them, but rather, from time to time, to notify the The senior inspector of the union at people concerned that he wishes to Warragul suggests that this clause verify their receptacles and to have appears to increase the power of them ready for verification at an inspectors employed by the central appointed time and place. The Gov­ administration. He then suggests- ernment might consider that aspect. So far as I am personally concerned, if they wish to prosecute, I would not desire Mr. Walton intimated that the to hinder them; on the other hand councils Labor Party was not very happy with or unions may not be willing to accept legislation that allows an inspector not some parts of clause 16. I agree with employed by them to prosecute without him that the one day notice could be prior consultation with a council or union. increased to three or four days, as It is reasonable that some intimation one day may be insufficient for the should be given to the inspector em­ purpose of notification. In relation ployed by councils to permit this to sub-clause (3) of clause 17, I overriding power of prosecution to should like to see the definition of take place. officer of a body corporate to include "general manager" or "manager". I do not intend to examine all the Perhaps I should reserve my further clauses of the Bill, but a minor comments on this clause until the amendment to clause 6 is suggested; Bill reaches the Committee stage. that the types of instrument to be verified on site shall be specified in The Institute of Weights and the Act. This is in line with the Measures has very strong views with opinion of the inspector of the Central regard to the regulations covering Gippsland Weights and Measures the weight of bread and has made Union, who states- quit"e a number of suggestions. The This clause presents a problem as it re­ Country Party holds the view that quires a local authority Inspector without bread ought to be marked by some option when requested by the owner of any equipment to test and verify such equip­ means or other, and that there should ment on the premises of the owner. In not be any deception with loaves, country areas, this is largely done in this especially fancy loaves. It is manner-nearly all equipment is verified on the premises of the user-because it is incidental whether a loaf is a 12-oz. not practicable to have central office for or 24-oz. loaf. If it is clearly marked, all locations visited. people will become accustomed to The main problem that could arise to this union would be if owners of vehicles with the weight of the type of bread they receptacles fitted to them for measuring usually buy. earth, sand or ballast requested that I visit the premises of their operation at sand pits With the exception of one or two and quarries to verify their receptacles. It provisions which require amendment, would be chaotic running around sand pits and quarries' when they are on the move this Bill is satisfactory. Certainly, an all the time and can easily be brought to endeavour has been made to increase me periodically. the efficiency of weights and Under the present system, I call all such vehicles to me at a set place, date and time measures inspectors. As the Minister in each municipality for verification. They has indicated that he is· prepar~d to 3000 Weights and Measures [COUNCIL.] (Amendment) BiU. accept some amendments, his a careful reading will indicate that generosity might be availed of when its intention is that where there is a the Bill reaches the Committee stage. central administration inspector operating in the field, he will have The motion was agreed to. the same powers-no additional The Bill was read a second time powers-as the local inspectors. and committed. These are the powers to enter premises, to weigh goods and to Clause 1 (Short title). detect offences, &c. The Hon. R. J. HAMER (Minister The Hon. H. A. HEwsoN·.-Would for Local Government) .-The House that be in an area where a local in­ is indebted to the members who have spector was already operating? contributed to this debate, because The Hon. R. J. HAMER.-Yes, to they have obviously done a great exercise the powers under section 31. deal of work on this Bill. It was Sub-section (5) of section 31 im­ probably a good move to introduce poses certain duties on the central the measure and then allow it to administration, which are- simmer over the Christmas period, (a) The preservation and maintenance of because a number of comments from the Primary State Standards and people who are concerned with its of the subsidiary standards of practical operation have been measurement provided for the pur­ brought to light. I am the first to poses of this Act; agree that some of the suggestions (b) The instruction of inspectors in the performance of their duties and the are practicable and sensible. I have general supervision of the local ad­ circulated certain amendments which ministration; I assume other parties will want to (c) The verification, re-verification, in­ consider. For that reason, and for spection and stamping in accor­ another I shall mention in a minute, I dance with the requIrements of pre­ propose that progress be reported. scribed weights, measures, &c. I t is in the field of the instruction of I believe the Bill will be improved inspectors in the performance of by adopting some of the suggestions their duties and general supervision which have been made by the of local administration that central Institute of Weights and Measures, administration inspectors ought to the Central Gippsland Weights and have the same powers as the local Measures Union, the South-Eastern inspectors, which powers are set out Weights and Measures Union, one or in another section of the Act and two others, and some individual include the power to enter, to check, councils. These authorities seem to and so on. That is the only intention be picking out the same points and of clause 3, and a careful reading of are making the same general sugges­ the clause will dispel the mis­ tions for improvement. I believe apprehension that the central ad­ it would be wise for the Council to ministration is extending its powers consider the suggestions and, in most to perhaps intending to step in and cases, to adopt them because they give directions to local bodies on how do not derogate from the operation to carry out their functions. That is of the Bill-in fact, they will improve not the intention of the clause, and I its operation. do not believe it has this effect. Some misapprehension has been The Hon. A. R. MANSELL.-Will it apparent about clause 3. It has not be a bad thing that two been suggested that there is an in­ inspectors may call on a business tention of imposing central adminis­ man? tration inspectors on local adminis­ The Hon. R. J. HAMER.-That will tration in some supervisory or even not be the position, because there are directory manner. That is not the not many central administration in­ intention of the clause, and I think spectors. They already have the Weights and Measures. [21 FEBRUARY, 1967.] (Amendment) BiU. 300~. power of general supervision over ing for uniformly good administration local administration, which means throughout the State, and the pro­ entering into local areas to see that visions of clause 7 offer one way of the work is being properly carried assisting municipalities which are out, and doing a few checks of their backward in this administration. I own. I do not believe this has do not propose to refer to any other worked badly in the past, but I shall remarks made during the second­ be pleased to hear of any case where reading debate, but shall deal with it has done so. This clause will not them when the amendments are con­ alter the position. Its only purpose sidered. is to give central inspectors the same powers as the local inspector. The other reason why I propose that progress be reported is that The Hon. H. A. HEwsoN.-What within the past week the bread­ about sub-clause (9) of clause 3? making trade has bestirred itself and The Hon. R. J. HAMER.-That pro­ has attended a series of deputations vision absolves the superintendent or concerning clauses 13 and 14 of the any other officer of the central ad­ Bill. The gist of what they have had ministration from disclosing in court to say is that they do not object to any source from where he has de­ the provisions in general, but they rived information in relation to the doubt that there is a practical way case. Section 38 of the principal Act, of marking loaves with either the which applies to local inspectors, is weight or the manufacturer's trade in almost exactly the same terms. mark or number. One would think Sub-section (2) of section 38 pro­ that if they were baking in tins some vides- form of embossing would not be im­ An inspector shall not be compelled to possible, but as Mr. Walton indicated disclose in court any source from which he some bread is baked on the oven has derived information in relation to the floor and not in tins and, whilst this case. gives it a certain desirable quality, The local inspector already has this embossing becomes difficult. protection, and it is proposed to The Hon. A. R. MANSELL.-Such extend it to central administration loaves could be marked by slashes inspectors. across the top. Mr. Walton directed attention to clause 7, which refers to the The Hon. R. J. HAMER.-The power of the Minister to allow trouble is that it is difficult to deter­ central administration inspectors to mine what is and what is not a slash. carry out the duties of inspectors in The Hon. J. M. WALToN.-In a district where the local authority addition, slashes would not indicate so requests. He quite rightly pointed the name of the manufacturer. out the need for protection in these areas. There are some parts of Vic­ The Hon. R. J. HAMER.-That is toria where for various reasons so. Some form of slashing would be weights and measures administration possible, but some loaves are twisted is weak. In some cases it is non­ into various shapes and it is difficult existent, generally because the muni­ to determine what sort of slash would cipalities have not the funds and the be sufficient. Finally, a difficulty that resources with which to carry out has been brought to my notice is that this work and they have been unable there is no way of indicating the to enter a union. manufacture of the loaf unless an embossed tin or a sticker is used. The Hon. A. R. MANSELL.-Some The trade has raised objections to are not interested. both methods, and I should like the The Hon. R. J. HAMER.-That opportunity of having further investi­ difficulty will not be overcome by gations made in this matter. It is of this Bill, but the Government is look- no use passing legislation which is 3002 " Adjournment. ': [ASSEMBLY.] Adjournment. " ..

difficult to put into effect, and hon­ 1 think it is desirable that 1 should orable members would like to be inform honorable members that it assured that any scheme put before may be necessary for the House to them is practicable. Those are the sit on at least two and possibly three matters which have been put to me by days next week. It is hoped that parties, and I want to work out some­ sufficient business will be forth­ thing practicable. On the other hand, coming for this House to sit for two 1 do not think we should be prepared or three days each week for the to allow the existing conditions in the remainder of the sessional period. bread industry to continue any longer. There has not been a successful The motion was agreed to. prosecution concerning the sale of The House adjourned at 9.25 p.m. bread for many years, and that is until Tuesday, February 28. because of the difficulty of interpre­ tating the present legislation. The Hon. A.' R. MANSELL.-Are copies of the proposed amendments available? Ijrgislntiut Asstmbly. The Hon. R. J. HAMER.-Yes, 1 Tuesday, February 21, 1967. shall make copies available to mem­ bers who are interested. They will be distributed when the Bill is further debated in Committee. The SPEAKER (Sir William McDonald) took the chair at 4.7 The Hon. J. M. WALTON (Mel­ p.m., and read the prayer. bourne North Province) .-1 have al­ ready received a request from another interested member for a copy of the DEATH OF THE HONORABLE amendments, but 1 was unable to THOMAS HAYES. accede because 1 was using the only . Sir HENRY BOLTE (Premier and copy 1 have. When amendments are Treasurer) .-1 move- proposed, it is in the best interests of That this House expresses its sincere everyone that they be circulated as sorrow at the death of the Honorable soon as possible because every mem­ Thomas Hayes, and places on record its acknowledgment of the valuable services ber has something to add to the rendered by him to the Parliament and the debate. 1 know of no reason why people of Victoria as a member of the, the amendments should not be circu-· Legislative Assembly for the electoral' lated to-night. district of Melbourne' from 1924 to 1955; as Minister without Portfolio from 1945 to The Hon. R. J. HAMER (Minister 1947, and as Minister in Charge of Hous­ for Local Government) .-1 have dis­ ing and Minister in Charge of Materials tr:ibuted copies of the amendments to from ,1952 to 1955. ' the two members handling the Bill for The late Thomas Hayes was first their respective parties. 1 have no elected to the Legislative Assembly objection to a general distribution of on the 26th June, 1924, for the the amendments. electoral district of Melbourne, and Progress was reported. he retained this seat until he was defeated at a 'general ~lection on the 28th May, 1955. On four occasions ADJOURNMENT. he was returned unopposed. He BUSINESS OF THE HOUSE: .DAYS OF served as Minister without portfolio MEETING. from 21st November, 1945, to 20th The Hon. G. L. CHANDLER November, 1947; and was Minister in (Minister of Agriculture) .-By leave, charge of Housing· and Minister in I move- ' charge of Materia~s (without salary) That the Council, at its rising, adjourn from 17th December, 1952, to 31st .until Tuesday next. Ma~ch, ~ 1955 . Death of. the Honorable [21 FEBRUARY, 1967.] Thomas Hayes.: 30.03

The late Thomas Hayes was a presence was required. On behalf ,member of the Railways Standing of my party, I extend very sincere Committee from 1929 to 1932; the sympathy to his family, and convey Public Works Committee from 18th to them our acknowledgment of a November, 1942, to 29th April, 1943, very valuable life lived in the inter­ 29th June, 1943, to 3rd October, 1945, ests of the citizens of Victoria. and 18th December, 1947, to 13th April, 1950; the Select Committee on Mr. STONEHAM· (Leader of the Egg and Egg Pulp Marketing in 1951; Opposition).-I sincerely support the and he was chairman of the Public motion moved by the Premier. The Works Committee from 30th June, late Thomas Hayes was a friend of 1943, to 31st December, 1943, and mine of very long standing. He was from 18th December, 1947, to 30th always a most sincere man and had June, 1948. a cheerful personality. He was "unruffable "; he was also extremely I have just returned from the hard working, and, above all, funeral of our late colleague, and the was a practical man. Tom Hayes occasion has brought home to me the was a man of the people and he many ways in which the late Thomas clearly understood their problems. Hayes served the community. To be He could very quickly come to grips a member of Parliament for 31 years with the particular problem which is a wonderful achievement. He had was worrying a person. He freely a long career in this House as the extended his talents to help people representative for the electoral dis­ who were labouring under hardship trict of Melbourne, and served for or what he believed to be an injustice. three years as Minister of Housing. For many years he was a member of Thomas Hayes was a good Min­ the Melbourne City Council and a ister and an excellent administrator. Trustee of the Melbourne Cricket As the Premier has said, he was Ground. The many people represent­ popular, not only with his supporters ing different groups of the community but also with his political opponents. present at the funeral service He compiled a most amazing record indicated the extent of the influence of public service during his 31 years exerted by the late Thomas Hayes, membership of this House, and in and was an expression of apprecia­ the municipal sphere as a councillor tion of a life that had been well lived. of the Melbourne City Council. It was quite evident from the wide and repre­ There are not many members in sentative attendance at his funeral this House today who served with service to-day that the late Mr. Hayes the late Thomas Hayes. Those of us was held in high respect and genuine who did, will always remember that, affection by many thousands of even when things were running people in this community. On behalf against him, he was a man who was of the members of the Opposition, I difficult to rile; he kept his temper support everything the Premier has on all occasions. The Leader of the said. Opposition would probably appre­ Mr. MOSS (Leader of the Country ciate even more than I that, even Party).-On behalf of the Country during bitter discussion, no one Party, I join with the Premier and could point a finger at the late the Leader of the Opposition in Thomas Hayes in regard to his paying tribute to the late Thomas demeanour during debate. Hayes. In all our associations with I personally regret his passing. I him, we found him to be most sincere. He was a man who could both learned to know the late Tom Hayes give and take in debate in this House. very well, and I felt he was a friend. I As the Premier said, he had a long should particularly like to mention and distinguished career as a mem­ Mr. Hayes's daughter, who helped ber of Parliament. He was Assistant him at all the functions at which his Minister of Housing from 1945 to 3004 Death of. the Honorable [ASSEMBLY.]

1947 and later became Minister in a member of this House. For about Charge of Housing and Minister in the same length of time, Tom Hayes Charge of Materials. Generally, he was also a member of the Melbourne served well, not only this Parlia­ City Council and served on many of ment, but also Victoria, both its committees. I regret his passing as a Parliamentarian and as a very much indeed. In addition to municipal councillor. I pay a offering our condolences to the mem­ sincere tribute to a man who did bers of his family, we can assure so much in the interests of the public them that they can look back with over a long period. With other fond and treasured memories of a honorable members of the Country father who served this community Party, I regret the passing of a man so well. of his character. The many hundreds of people Mr. CLAREY (Melbourne).-It from all sections of the community would be inappropriate if, as the who attended the Solemn Requiem present member for Melbourne and Mass at the church bore testimony the immediate successor to the late to the affection with which he was Tom Hayes-to me he was always held in the district he had served " Tom ", not Thomas-I did not add for so long. my tribute to the work and value of one who rendered such public service The SPEAKER (Sir William to the community since 1924. My McDonald).-It is not on many occa­ first acquaintance with him was in sions, perhaps fortunately, that hon­ that year when he was elected as orable members come into this place the member for Melbourne. I recall immediately after attending the when, in 1939, he also became a mem­ funeral of a deceased colleague. ber of the Melbourne City Council. Those honorable members, who, for Although Tom Hayes ceased to be one reason or another, were not able a member of this Parliament in to attend the funeral of Tom Hayes, 1955, he continued to serve the will join with me in extending sym­ district of North Melbourne for pathy to his family. Those honorable another ten years as a very members who were with me to-day must have realized the enormous active councillor and 0 one who endeared himself for his personal respect in which so many people held qualities to all with whom he came Mr. Hayes in the electorate, and in in contact. Because of increasing the area of his church. I was im­ years, he did not re-contest his seat pressed, in a different way from that on the Melbourne City Council in on other unhappy occasions on which August, 1965, but he continued to m·embers have attended similar ser­ serve the community in many other vices, by the fact that there was in capacities. About ten years ago, he the church such a large follow­ was, with myself, a foundation ing of adherents of Mr. Hayes's reli­ member of the North and West Mel­ gion and by the fact that a very bourne Old People's Welfare Com- high percentage of these were .mittee, which has done a great deal obviously associated not only with of good work. Toni Hayes served the late Mr. Hayes but also with his ·on that committee from the time he son. Great respect was shown was elected to it, almost until the to the man himself and to his time of his death. immediate family. All honorable members will join with me in offering Despite our political differences, sympathy to members of Mr. Hayes's we were personally the best of family. friends. He bore no personal animo­ sity to anyone because of any The motion was agreed to in differences of opinion. It is a silence, honorable members signify­ remarkable achievement for anyone ing their unanimous agreement by to serve for 31 consecutive years as standing in their places. Personfll Explanation. [21 FEBRUARY, 1967.] Natural Gas. 3005

PERSONAL EXPLANATION. the circumstances as it sees them­ PRESS STATEMENT. will correct the error that has been Mr. FLOYD (Williamstown) (By made. As honorable members will leave) .-1 ask the indulgence of the appreciate, some people in the com­ House for a few minutes to make a munity like to think the worst instead personal explanation about an un­ of the best of members of Parlia­ fortunate occurrence yesterday, and ment. the reaction of the press as shown in this morning's newspapers. For many years now, the Government NATURAL GAS. has been inviting me, as secretary of the Parliamentary Labor Party, to INTERSTATE SALES: SUPPLY AGREE­ various functions and receptions to MENTS: CONSTRUCTION OF PIPE­ prominent citizens, including over­ LINES. seas visitors some of whom have been Mr. B. J. EVANS (Gippsland East) prominent members of Parliament of asked the Premier- all political persuasions. 1 have not 1. Whether the Victorian Government previously missed attending one of was consulted during negotiations for any these functions. However, yesterday, agreements made between discovering com­ when the Government was entertain­ panies and distributors in other States for ing Mr. Herbert Bowden, the British the supply of natural gas? Secretary for the Commonwealth, I 2. Whether it is proposed that the Vic­ torian Pipelines Commission be the con­ was unable to be present, although structing authority within the State of Vic­ some time previously I had accepted toria for interstate natural gas pipe-lines; if an invitation to attend. I took the so, whether the Commission will have precaution last Friday of tendering to authority to sell gas wholesale to distribut­ the Premier's Department an apology ing authorities on the Victorian side of the for my inability to attend. border? Sir HENRY BOLTE (Premier and My only excuse for not being present at the function-and again I Treasurer) .-The answers are- offer it without apology-was that, as 1. The Government is not aware of any secretary of the Parliamentary such negotiations. 2. Yes. The functions and powers of the Labor Party, it was my duty to Commission are set out in section 11 of the organize a working-bee to endeavour Victorian Pipelines Commission Act. The to wrest the Higinbotham seat from particular proposition referred to by the honorable member will be a matter for the Government. In view of the fact consideration by the Commission. that the temperature yesterday reached 90 degrees, and that I had asked a dozen members to visit the PUBLIC AUTHORITIES Higinbotham Province, I felt that I (CONTRIBUTIONS) ACT. should also participate in this work. EFFECT ON PRICE OF GAS AND It is not my task to apologize for ELECTRICITY. the absence of other members from yesterday's luncheon-I understand Mr. HOLDING (Richmond) asked that my colleagues do not intend to the Premier- speak on this matter. By a somewhat Whether he has now discussed the details of the provisions of the Public Authorities unfortunate set of circumstances, of (Contributions) Act 1966 with the respon­ my colleagues who were invited to the sible officers of the State Electricity Com­ function, three were absent in the mission and the Gas and Fuel Corporation; if so, whether he can inform the House if country and the wife of another one these bodies can make the payments re­ was ill. 1 have a number of faults, quired under this Act without any increase but discourtesy is not one of them. in the price of gas or electricity and, in that event, what funds these bodies will use to I hope the press which, generally meet these payments; if not, what will be speaking, is not unkind-it reports the extent of any proposed increase in the Session 1967.-106 3006 Roads (Special [ASSEMBLY.] Projects) Fund. price of gas or electricity, when such pro­ 2. How much has been spent on each posed increases may take place, and special project to date and which authority whether any such increase will primarily has had supervision of each project? effect domestic or industrial users? 3. What allocations have been made from Sir HENRY BOLTE (Premier and the fund for future work? Treasurer) .-There has been discus­ 4. Which Minister decides the allocations sion of a preliminary nature, but de­ to be made to the respective projects? tailed discussions are yet to take place. Sir HENRY BOLTE (Premier and Treasurer) .-The answer to the first question is- $12,752,892.78. ROADS (SPECIAL PROJECTS) FUND. The answers to questions 2 and 3 each involve a list of the special pro­ RECEIPTS AND EXPENDITURE. jects and, in view of the length of Mr. B. J. EVANS (Gippsland East) each list, I seek leave to have them asked the Treasurer- incorporated in Hansard. 1. How much revenue has been paid into the Roads (Special Projects) Fund since its Leave was granted, and the establishment? answers were as follows:- 2.

Project. Expenditure to Date. Supervising AuthOrity. No. Description.

$

1 St. Kilda Junction-Queen's-road 3,687,401 Melbourne and Metropolitan Board of Works 2 Hume Highway-Extend four-lane divided highway 681,328 Country Roads Board from Craigieburn to Wallan 3 South-Eastern Freeway-Burnley to Toorak-road 465,281 Melbourne and Metropolitan Board of Works 4 Tullamarine Freeway-Flemington to Bell-street 1,130,377 5 Western Highwa.y-Extend four-lane divided high­ 804,626 Coun'iry Road~' Board way from Deer Park to west of Bacchus Marsh (including by-pass of Bacchus Marsh) 6 Princes Highway East-Extend four-lane divided 348,257 highway from G.M.H. at Doveton to east of Narre " Warren and then construct by-pass of Berwick and Beaconsfield (commencing 1969) 7 Western Highway-Construct Jour-lane divided 507,676 highway from west of Myrniong to east of Ballan " (incl. new deviation at Pykes creek reservoir) 8 Hume Highway-Extend existing four-lane highway 174,314 north and south of Tallarook including by-pass of " " Tallarook 9 Princes Highway East-Construct Moe by-pass to 481,188 two-lane standard 10 Princes Highway East-Construct two-lane deviation 212,136 at Hospital creek and reconstruct adjoining section " 11 Maroondah Highway-Extend divided highway from 11,263 Stirling-road to Brushy creek " " 12 Taylor Bay-road (Tourist) ...... 165,088 13 Nepean Highway-Extend four-lane divided high­ 289,352 " way from beyond Old Mornington-road to South of turn-off to Manyung (including new deviation at Mount Eliza) 14 Marlo-Cape Conran-road (Tourist) 88,614 9,046,901 Roads (Special [21 FEBRUARY, 1967.] Projects) Fund. 3007

3. Allocations from the fund are mooe on an annual basis, and the amounts available for future work are as follows:------Project. Amount. No. Description.

$ 1 St. Kilda Junction-Queen's-road 1,770,955·

2 Hume Highway-Extend four-lane divided highway from Craigieburn to Wallan 391,848

3 South-Eastern Freeway--:-Burnley to Toorak-road 812,069

4 Tullamarine Freeway-Flemington to Bell-street 1,067,203

5 Western Highway-Extend four-lane divided highway from Deer Park to 319,140 west of Bacchus Marsh (including by-pass of Bacchus Marsh)

6 Princes Highway East-Extend four-lane divided highway from G.M.H. at 3,287 Doveton to east of Narre Warren and then construct by-pass of Berwick and Beaconsfield (commencing 1969)

7 Western Highway-Construct four-lane divided highway from west of 176,998 Myrniong to east of Ballan (including new deviation at Pykes creek reservoir)

8 Hume Highway-Extend existing four-lane highway north and south of 72,728 Tallarook including by-pass of Tallarook

9 Princes Highway East-Construct Moe by-pass to two-lane standard 290,387

10 Princes Highway East-Construot two-lane deviation at Hospital creek and 97,261 reconstruot adjoining section

11 Maroondah Highway-Extend divided highway from Stirling-road to Brushy 3,766 creek

12 Taylor Bay-road (Tourist) 44,547

13 Nepean Highway-Extend four-lane divided highway from beyond Old 119,144 Mornington road to south of turn-off to Manyung (including new deviation at Mount Eliza)

14 Marlo-Cape Conran-road (Tourist) 108,612

5,277,945

Sir HENRY BOLTE (Premier and 2. How many persons recently transferred Treasurer) .-The answer to the from such Mint to the Commonwealth Mint, what was the date of such transfer, and fourth question is- what is their long service leave entitlement? The Treasurer. 3. What is the source of the finance required to carry on the functions of the Melbourne Mint, and whether the Parlia­ ROYAL MINT. ment of Victoria appropriates the necessary MELBOURNE BRANCH: EMPLOYEES: funds to carry on such functions? 4. What was the total amount of revenue, TRANSFERS: LONG SERVICE LEAVE: expenditure, and " gain" to Victoria FINANCE. involved in the operations of the Melbourne Mr. TURNBULL (Brunswick West) Mint from 1872 to 1965, together with the asked the Treasurer- " gain" for the year 1966? 5. Whether the persons referred to in 1. How many persons are at present part 1 of this questIon are employed by the employed at the Melbourne branch of the Crown, and whether the Crown is bound by Royal Mint, and what is their long service the long service leave provisions of the leave entitlement? Labour and Industry Acts? 3008 Royal [ASSEMBLY.] Mint.

6. Whether the conditions of employment concerned desiring them, the Government of of these persons are based on Australian Victoria would provide alternative employ­ rates of pay and conditions? ment for these persons subsequent to 7. Whether he is willing to hear a deputa­ minting functions ceasing at the Melbourne tion from these persons to discuss entitle­ Mint. ment to long service leave for existing I understand that the Government of services and in respect of any proposed Western Australia has offered in respect of employment subsequent to completion of employees of the Perth Mint that, in the minting functions at the present Melbourne event of that Mint being taken over by the Mint? State of Western Australia, the following options would be open to employees of the Sir HENRY BOLTE (Premier and Perth Mint:- Treasurer) .-The answers to these (a) Transferring to the State Service- questions are lengthy and, with the (i) under the same conditions permission of the House, I should like with respect to leave en­ titlements and pension them incorporated in Hansard with­ benefits as they enjoyed out my reading them. prior to the date of transfer under relevant Leave was granted, and the legislation of the United answers were as follows:- Kingdom, or (ii) under State conditions of 1. One hundred and five. Persons service in their entirety employed at the Melbourne branch of the with actuarial adjustment Royal Mint are employees of the United of pension benefits on Kingdom Government, and their conditions transfer to the State of employment are determined by that Superannuation Fund; or Government. These conditions do not include provision for long service leave. (b) retiring on such pension and addi­ tional allowance as they are 2. Forty-seven. These transfers took entitled by the length of their place over the period October to December, service with the Perth branch of 1964. On transfer, these persons became the Royal Mint. eligible for long service leave entitlement as prescribed under the Commonwealth Public Similar options would be offered to Service Act and as affected by the Mint employees of the Melbourne Mint by the Employees Act 1964 of the Commonwealth Government of Victoria on the ceasing of Parliament. minting operations at the Melbourne Mint. 3. The Consolidated Revenue, as appro­ priated by the Parliament of Victoria. From MUNICIPALITIES. time to time, there have also been appropriations of the Loan Fund for building LOAN FUNDS. works and equipment. Mr. WILKES (North cote) asked 4. The revenue received from the period the Treasurer- 1872 to 1965 was $11,807,000 and the expenditure for the same period was 1. What amount of loan money was $9,731,000. asked for or permission to borrow sought in 1966-67 by each metropolitan munici­ For the year 1966, the revenue received pality? was $546,000 and the expenditure was $451,000. 2. What amount was approved by the State Co-ordinator of Works in each case? 5. These persons hold their positions pursuant to the provisions of the Coinage 3. What amount was actually borrowed Act of the British Parliament. By virtue of in each case? the definition of "Employer" in Division 4 4. Whether the Treasurer has any know­ of the Labour and Industry Act, this ledge of any shortage of loan moneys avail­ Division of this Act applies to persons able from lending institutions for certain employed by the Crown in right of the State local government works? of Victoria. The persons in question are not employed by the Crown in right of the Sir HENRY BOLTE (Premier and State of Victoria. Treasurer) .-The answers are- 6. The rates of pay of these persons are I, 2, 3. As the Treasury deals with each fixed by the British Government authorities municipality within the framework of Loan having regard to Australian conditions. All .Council procedures on a confidential basis, other conditions of employment are based it has never been the practice to disclose directly on British conditions. the detailed information requested by the 7. Yes, at a convenient time. I might add honorable member. However, I am quite that the Government has indicated to the prepared to discuss any aspect of this Mint employees that subject to suitable matter with the honorable member if he so positions being available, and the persons desires. Law [21 FEBRUARY, 1967.] Department. 3009

4. I have had no representations in this expedite the hearing of civil cases and will matter. However, I can indicate for the in many instances expedite the hearing of information of the honorable member that criminal cases. so far as the over-all borrowing position is I have also advised them that a firm date concerned for local governing bodies in for closing the court has not yet been fixed Victoria, that is for municipalities other and that adequate notice of the date of than the City of Melbourne, waterworks closure will be given to all concerned. trusts and sewerage authorities, total Furthermore, I have indicated that if future borrowings approved for the seven months experience shows the desirability of a to the end of January last were some 17 court officer visiting North Melbourne to per cent. higher than for the corresponding advise the public the necessary arrange­ period of the previous financial year. ments will be made.

LAW DEPARTMENT. COURT LISTS. NORTH MELBOURNE COURT OF Mr. TURNBULL (Brunswick West) PETTY SESSIONS. asked the Attorney-General- 1. How many civil cases in the several Mr. CLAREY (Melbourne) asked lists of the Supreme Court are awaiting the Attorney-General- trial? 1. How many cases were dealt with at 2. How many criminal cases are awaiting the North Melbourne Court of Petty Ses­ trial in the Supreme Court? sions during each of the last four years? 3. How many cases are awaiting trial in 2. Whether it has been definitely decided Courts of General Sessions at Melbourne? that this court shall be closed; if so, on 4. How many cases are awaiting trial in what date? the several lists of the County Court in 3. Whether representations and/or peti­ Melbourne? tions were made to or received by him against the proposed closing; if so-( a) 5. What is the lag of time in respect of from whom; and (b) what reply was made bringing to trial the cases referred to in to the protesters? parts 1-4 of this question? 6. What trials for murder are awaiting Mr. RYLAH (Attorney-General).­ presentment in the Supreme Court and The answers to these questions are when the accused persons were committed fairly lengthy, and I should like them for trial in each case? 7. How many murder charges are await­ incorporated in Hansard without my ing a preliminary hearing in Courts of Petty reading them. Sessions or are awaiting coronial inquiries, what were the dates when such charges Leave was granted, and the were laid in each of such cases, and when answers were as follows:- it is likely the charges will be heard in Courts of Petty Sessions or be subject to a 1. 1963 9,388. coronial inquiry? 1964 8,362. Mr. RYLAH (Attorney-General).­ 1965 8,721. The answers to these questions are 1966 8,482. lengthy, and I should like them incor­ 2. Yes; the closure of the court will porated in Hansard without my read­ necessitate an adjustment of court arrange­ ments elsewhere and these matters must be ing them. finalized before a firm date is fixed. When this has been done adequate notice of the Leave was granted, and the date of closure will be given to all con­ answers were as follows:- cerned. 1. Juries-890. 3. I have received representations from Causes-199. the Melbourne City Council, the Council of Matrimonial causes jurisdiction- Progress Associations of Victoria and from Mr. G. E. Reimann-Basch, J.P., who is also Defended-253. Undefended-862. president of the latter council. I have 2. Thirteen. informed them that I am satisfied that the court can be closed without causing 3. Seven hundred and thirty-nine. serious inconvenience to the public or any 4. Jury cases-199. significant reduction in police services in the area. Indeed, the handing over of the Non-jury cases-78. court building to the police is intended to 5. (1) Supreme Court civil jurisdiction­ improve police services, and the transfer of Juries-Seven months. court business to the City Court will Causes-One month. 3PI0 Law [ASSEMBLY.] Department.

Matrimonial causes jurisdiction­ may be more or less than the average, Defended-Seven months. according to the circumstances of the case. Undefended-Three months. 6. The information requested is as (2) Supreme Court criminal jurisdiction­ follows:- One-two months. Name of Accused; Date of Committal. (3) Courts of General Sessions at Ryrie, Keith; 20th June, 1966. Melbourne--- Whitehead, Harry; 28th November, 1966. Bail cases-Five months. Jackson, Kenneth; 21st November, 1966. Gaol cases-One-two months. Morhun, Henry; February, 1967. Campbell, Anthony; February, 1967. (4) County Court- Shields, Kerry; February, 1967. Jury cases-Three-four months. Breen, Terence; 17th January, 1967. Non-jury cases-Two weeks. Breen, Michael; 17th January, 1967. The figures quoted are average periods 7. The information requested is as but in any particular case the time lag follows:-

Likely Date of Hearing Name of Person Charged. Date Charge Laid. in Court of Petty Sessions or Coroner's Court.

Brunaz, Matteo 11.11.1966 6.3.1967 Coon, Douglas John 23.11.1966 Early March Kennedy, Thomas Allison 6.12.1966 Late February or early March Lancaster,- .. 9.12.1966 Late February or early March Wells, Thomas James .. Butterly, Archie Riley, John Alfred 15.12.1966 Late February or early March Austin, Herbert George Mayman, Peter Dawson } Stefanou, Andreas 6.1.1967 March Leftis, Konstantinos 21.12.1966 Early March Geracitano, Teresa Geracitano, Nicola } 21.12.1966 20.2.1967 Holmes, Graeme Philip 22.11.1966 Early March Hewson, William Robert Heinz, Shirley Jean } 12.2.1967 Late March or early April

SOCIAL WELFARE BRANCH. 2. How many officers are employed as probation and parole officers, indicating WIDOWS' ALLOWANCES. how many of these officers are doing part­ Mr. LOVEGROVE (Fitzroy) asked time university courses in addition to carry­ ing out duties as probation and parole offi­ the Chief Secretary- cers and writing pre-sentence reports? Whether the formula fixing the assistance payments to widows by the State Govern­ 3. What average number of probation ment has been revised; if so, what is the cases, parole cases, and pre-sentence new formula; if not, whether the Govern­ reports, respectively, are handled by these ment is prepared to revise it to afford officers? more assistance to widows and their 4. What is the maximum number of children? cases being supervised by anyone parole Mr. RYLAH (Chief Secretary).­ officer and whether, havmg regard to the The answer is- fact that in addition to supervising proba­ tioners and preparing pre-sentence reports As indicated in my reply to the honor­ the officer may be attending university able member for Gippsland South as lectures, this number is considered too high? reported at page 2059 of Hansard No. 11 of 26th November, 1966, discussions have Mr. RYLAH (Chief Secretary).­ taken place with the Treasury concerning a review of the formula, but no decision has The answers are- yet been reached. 1. As at 31st January, 1967, 610 adult males, ten females (adult), one female PROBATION AND PAROLE DIVISION: (youth), and 132 youth males, making a STAFF: CASES HANDLED: OVER- total of 753 persons, were on parole. TIME: FILLING OF VACANCIES. 2. Thirty-five, of whom three are studying Mr. HOLDING (Richmond) asked part-time at the university. the Chief Secretary- In addition, there are four senior proba­ 1. How many cases are being handled by tion and parole officers who carry case­ the Parole Boards? loads of approximately 90. Social Welfare [21 FEBRUARY, 1967.] Branch. 3011

3. Probation and Parole.-One hundred Officer in Charge of Prisoners Earnings, and twenty-one is the average case-load per Requisitions, &c. officer. Registry Section (2). The female, child male and youth parole Assistant Parole Board Secretary (1). male sections average less than half this number per officer but the average for the Assistant, Youth Section (1). adult male section is higher than the over­ Children's Court Office (1). all average. Preston Office (1). Pre-sentence Reports.-The average num­ ber prepared during the period 1st July, 2. For the period 1st July, 1966, to 11th 1966, to 31st December, 1966, was 1.1 per February, 1967- officer per month. Average per officer 5.8 hours per week. Almost all pre-sentence reports are pre­ Average remuneration paid per officer pared by the adult male section. $12.68 per week. 4. Two hundred and eight. This parti­ N.B.-Christmas holiday period and January-February, when a considerable cular officer is not attending lectures. amount of recreation leave is taken, are Eighty-seven is the highest case-load of included in this period. an officer attending university lectures. 3. Three times. Mr. HOLDING.-Would you regard 4. Fourteen females applied for appoint­ 87 cases as being too many? ment as probation and parole officers in response to a general advertisement. Mr. RYLAH.- If the honorable Two males from interstate applied for member for Richmond wishes to the regional posts in addition to three exist­ debate this matter, I suggest that he ing members of staff. The text of each advertisement is as should do so at the proper time and follows:- . not when a reply is being furnished to a question asked on notice. Regional Advertisement. "Probation and Parole Officer (Male), Mr. HOLDING (Richmond) asked Classes 'C '-' C2', Probation and Parole the Chief Secretary- Division, Social Welfare Branch, Chief Secretary's Department. 1. How many administrative staff are employed by the Probation and Parole Divi­ (Five vacancies) located at the following sion of the Social Welfare Branch and centres:- what are their functions? Ballarat, Bendigo, Geelong, Mildura, 2. What' is the weekly average number Shepparton. of overtime hours worked by parole officers Yearly Emolument.-$4,344, minimum; and what remuneration officers receive for $4,612, maximum. such overtime? Duties.-To be in charge of a regional office. To prepare pre-sentence investiga­ 3. On how many occasions in the last tion and other reports and to supervise pro­ twelve months vacancies for appointments bationers and parolees, including adults, to parole officer positions have been adver­ young persons and children; to liaise with tised? and, where necessary, recruit Honorary 4. What were the terms of the advertise­ Probation Officers; to liaise with all relevant ments and what was the response to them? organizations in the district and to be responsible for public relations; to under­ Mr. RYLAH (Chief Secretary).­ take other duties as required by the Director­ The answers to these questions are General and the Chief Probation and Parole lengthy, and if the honorable mem­ Officer. Qualifications.-Diploma of Social Studies ber for Richmond desires me to read of the Melbourne University or professional them, I shall do so, but I suggest that qualifications acceptable for membership of they be incorporated in Hansard. the Australian Association of Social Workers. Reasonable experience in pro­ Leave was granted, and the bation and parole work." answers were as follows:- General Advertisement. 1. There are eleven officers comprising­ Chief Clerk. "Probation and Parole Officer (Male or Female) Probation and Parole Division, Parole Board Secretary (Adult Parole Social Welfare Branch, Chief Secretary's Board). Department. Prosecutions Officer. Yearly Salary: Male-$3,150, minimum; Parole Board Secretary (Youth Parole $4,448, maximum. Female-$2,724, mini­ Board). mum; $4,022, maximum. 3012 Fishing Industry. [ASSEMBLY. ] Police Department.

(Commencing salary will be determined In January, the Director advised that a within this initial range according to ex­ tentative proposal had been prepared and perience.) has been referred to the Commercial Duties.-To prepare pre-sentence investi­ Fisheries Council for consideration. gation reports and to supervise probationers and parolees, including adults, young per­ sons and children. POLICE DEPARTMENT. Qualifications.-Diploma of Social Studies NORTH COTE, THORNBURY AND Melbourne university or professional quali­ FAIRFIELD POLICE STATIONS: fications acceptable for membership of the Australian Association of Social Workers. STAFFING. NOTE.-Applications will be accepted from Mr. WILKES (Northcote) asked holders of an appropriate university degree the Chief Secretary- who are prepared following appointment to undertake on a part-time basis, the addi­ How many police are stationed at the tional 'study which would qualify them for No rthcote, Thornbury, and Fairfield police the Diploma of Social Studies, Melbourne stations, respectively? University. Appointees will receive a com­ mencing salary of $2,926 a year (males) Mr. RYLAH (Chief Secretary).­ and $2,500 a year (females); progression The answer is- beyond the rates of $3,150 a year (males) (a) Northcote-33, including 10 members and $2,724 a year (females) will be con­ of the C.I.B. and 1 police reservist. tingent upon their qualifying for the Diploma of Social Studies. (b) Thornbury-5. Applications are invited from persons (c) Fairfield-6. who are currently completing a degree or diploma course." CONSUMERS PROTECTION ANNUAL REPORT FOR 1966. COUNCIL. Mr. WIl.TON (Broadmeadows) STAFF. asked the Chief Secretary- Mr. HOLDING (Richmond) asked Whether he will indicate when the Social the Attorney-General- Welfare Branch's report for 1966 will Whether he has given consideration to be available to honorable members? the statement in the 1966 report of the Mr. RYLAH (Chief Secretary).­ . Consumers Protection Council that, in order to conduct research into consumer com­ The report of the Social Welfare plaints effectively, the council requires the Branch for 1966 is with the Govern­ appointment of a second administrative ment Printer, and will be made officer to assist the secretary; if so, whether available to members as soon as such appointment will be made and, in such possible. event, when? For Mr. RYLAH (Attorney-General), FISHING INDUSTRY. Mr. Wilcox (Minister of Labour and Industry) .-The matter raised by the MOTOR VEHICLES: REGISTRATION honorable member is under con­ FEES. sideration. Mr. TREZISE (Geelong West) asked the Chief Secretary- MEETINGS: ATTENDANCES. 1. What action has been taken in r~cent Mr. HOLDING (Richmond) ask~d months on requests by professional fisher­ men for recognition as primary producers the Attorney-General- mr the purpose of registration of motor 1. On how many occasions the Consumers vehicles? Protection Council met in the year 1966, 2. Whether a final decision has been made giving the average duration of each in the matter; if not, when such decision meeting? can be expected? 2. How many meetings each council Mr. RYLAH (Chief Secretary).­ member attended last year? The answers are- For Mr. RYLAH (Attorney­ 1 and 2. Following my statement to the General), Mr. Wilcox (Minister of House in answer to a question asked by the Labour and lndustry).-The answers honorable member, as reported at page 1644 of Hansard, No. 10 of 15th November, 1966, are- the Fisheries and Wildlife Branch has been 1. Twelve meetings of an average ~uration giving consideration to this matter. of three hours. ." . I Education [21 FEBRUARY, 1967.] Department. 3013

2. Mrs. D. G. Moss 11 bilities for future development but no firm Mrs. A. T. Reader 11 decision has yet been made as to where or Mr. D. T. Bottomley 11 when the next primary teachers' college Mr. G. L. McCowan 10 will be established. Gippsland has not been Mr. T. M. Ramsay 9 overlooked. Mr. J. L. Waters 12 I consider this to be an excellent record, PRINCES HILL HIGH SCHOOL: REPAIRS: especially as the absence of members was due to illness or other factors beyond their NEW BUILDING. control. As the honorable member will Mr. LOVEGROVE (Fitzroy) asked appreciate, the work of members is not the Minister of Education- restricted to attendance at meetings of the council and of necessity they spend a 1. When it is proposed to make repairs to considerable amount of time on other the floors, wall, and roof of Princes Hill aspects of the council's functions. High School? 2. When it is proposed to place a new COLLUSIVE PRACTICES ACT. school building on the Arnold-street fron­ tage of the school? INVESTIGATIONS: LEGAL PROCEEDINGS. Mr. BLOOMFIELD (Minister of Mr. HOLDING (Richmond) asked the Attorney-General- Education) .-The answers are- 1. These matters have not been reported 1. On how many occasions since January, to my Department for attention. The Public 1966, it has been necessary for the police Works Department has advised that the to investigate allegations of collusive headmaster recently drew the attention of tendering? the inspector of works to the condition of 2. Whether proceedings have been insti­ the flooring in some rooms. Arrangements tuted against any individuals or companies have been made for the immediate carrying under the provisions of the Collusive Prac­ out of repairs. That Department has also tices Act 1965; if so, what proceedings and advised that a report on the walls and roof in how many cases? will be submitted for my consideration Mr. RYLAH (Attorney-General).­ shortly. Any required work will be put in The answers are- hand as soon as possible. 2. Not known at present. The work is 1. An officer of the Law Department has included on the building programme and the been assigned to deal with matters arising Public Works Department has been re­ under the Collusive Practices Act 1965. quested to submit a scheme and estimate Thirty-two allegations of collusive tendering of the cost for my consideration. As that have been received of which eight, on in­ Department is concentrating on projects on vestigation, disclosed no offence. The the building programme with a higher remaining 24 complaints are still under priority, work on the Princes Hill additions consideration. is in the preliminary stages. 2. No proceedings have yet been in­ stituted against any individual or company for a breach of the Act. SCHOOLS IN ELECTORATE OF SUN­ SHINE: TEACHERS: ENROLMENTS: I should like to add that the effect of WORKS. the Act has had a widespread influence in the community without Mr. LOVEGROVE (Fitzroy) asked proceedings having to be instituted. the Minister of Education- 1. How many pupils and teachers, res­ pectively, are at the following schools EDUCATION DEPARTMENT. within the Sunshine State electorate:- TEACHERS' COLLEGE FOR GIPPSLAND. State Primary Schools-4931 Altona Mr. COCHRANE (Gippsland West) North; 4710 Brooklyn; 4825 Brooklyn West; 3988 Kingsville; 3113 Sunshine; asked the Minister of Education- 4645 Sunshine East; 4818 Sunvale; 4707 Whether the Education Department has Tottenham; 4703 Tottenham North; 4788 plans to provide a teachers' college for Wembley; and 2832 Yarraville West. Gippsland; if so, wh.at stage these plans have State High School-Footscray. State reached and when It is expected the college Technical Schools-Sunshine; and Totten­ will be opened; if not, why Gippsland has ham? been overlooked in this respect? 2. What works have been-( a) requested Mr. BLOOMFIELD (Minister of by school committees at these schools since Education) .-The answer is- April, 1966; (b) carried out by the Govern­ ment and the committees since April, 1966; The Education Department has regarded and (c) planned by the Government? the Latrobe Valley as a potential area for a teachers' college; consideration has been 3. Whether it is now possible to indicate given to a possible site for a primary when the works named in the reply to teachers' college; it is one of several POSSI- question No. 3 asked in this House on 19th 3014 Education [ASSEMBLY.] Department.

April, 1966, with reference to Footscray 3. No. Tenders will not be invited for High School and Sunshine Technical School, any of these projects this financial year. will be commenced? The priorities allotted will be reviewed late Mr. BLOOMFIELD (Minister of this financial year along with the revision Education) .-The answer to question of the building programme. 1 is statistical, and I suggest that it be incorporated in Hansard without STATE SCHOOLS IN ELECTORATE being read. OF NORTHCOTE: ENROLMENTS: Leave was granted, and the answer TEACHERS. was as follows:- Mr. WILKES (Northcote) asked 1. the Minister of Education- 1. How many first-year primary pupils School. No. No. of N:~a?f were enrolled at the following schools, and Pupils. chers. how many were refused admittance or ------1------enrolment and for what reasons:- 1. Altona North 4931 718 20 Helen-street State School, Northcote; 2. Brooklyn .. 4710 663 20 3. Brooklyn West 4825 526 14 Hutton-street State School, Thornbury; 4. Kingsville 3988 650 23 Langridge-street State School, Fairfield; 6. Sunshine .. 3113 652 16 Fairfield North State School, Thornbury 6. Sunshine East 4646 503 14 7. Sunvale 4818 370 10 East; Wales-street State School, No rthco te; 8. Tottenham 4707 186 6 Penders-grove State School, Thornbury; 9. Tottenham North 4703 443 15 Westgarth State School, Northcote; and 10. Wembley .. 4788 428 12 11. Yarraville West 2832 473 16 Alphington State School, Alphington? Footscray State High .. 923 42 2. How many pupils attend each of these Sunshine State Technical 950 61 schools? (full time). 3. How many teachers there are at each Tottenham State Technical .. 547 36 of these schools? (full time). Mr. BLOOMFIELD (Minister of Education) .-The answers include Mr. BLOOMFIELD (Minister of statistics, and I ask that they be Education) .-The answers to the incorporated in Hansard without remaining questions are- being read. 2. The answer to this question involves a large amount of detail which it is not Leave was granted, and the considered reasonable to provide in the form of answers to questions. The honor­ answers were as follows:- able member is invited to contact the officer 1, 2, and 3. The number of first-year in charge of the Department's buildings pupils enrolled at each of these schools branch with a view to perusing the depart­ IS set out below, as are the numbers of mental files and summaries of Public Works children attending each school and the Department files. numbers of teachers:-

Teachers Net at the Specialist Beginners Eligible Enrolment School Teachers Schools. Enrolled. Beginners on Including Included Refused. 15.2.67. Head in Total. Teacher.

1401 Northcote (Helen.street) .. 88 0 558 17 1 Librarian and 1 Art and Craft 3889 Thornbury (Hutton.street) .. 88 0 575 21 1 Librarian and 1 Art and Craft 2711 Fairfield (Langridge.street) .. 91 0 569 19 1 Librarian 4329 Fairfield North (Thornbury 82 0 438 15 1 Librarian East) 3139 N orthcote (Wales·street) .. 91 0 560 17 and 1 Librarian half· time teacher 3806 Penders· grove (Thornbury) .. 73 0 368 11 ., 4177 Westgarth (Northcote) .. 130 0 819 24 1 Librarian 3599 Alphington .. .. 27 0 186 7 ., Melbourne and Metropolitan [21 FEBRUARY, 1967.] Board of Works. 3015

It was necessary to establish zones from Kororoit creek; if so, whether the Govern­ which children could be accepted for these ment will take whatever action is necessary schools. No children residing within these to promote public safety; if not, whether zones were rejected. Some children from the Government will institute an inquiry? outside these zones may have been rejected from some schools. To supply the figures Mr. BALFOUR (Minister of Lands). relating to such rejection would entail more -The answer supplied by the Minis­ examination of school and departmental ter for Local Government is- files than is considered justified. There are natural shallows and depths in Kororoit creek as in all rivers and creeks in SECONDARY SCHOOLS IN ELECTORATE the metropolitan area, but apart from these OF NORTHCOTE: QUALIFIED AND it is not known what specific conditions or UNQUALIFIED TEACHERS. parts of the creek the honorable member has in mind. If he cares to supply further Mr. WILKES (N orthcote) asked details, the Minister will have inquiries the Minister of Education- made. 1. How many students are enrolled at Northcote High School, Thornbury High BULLEN'S DRAIN, THORNBURY: ANTI­ School, and Northcote Technical School, respectively? FLOODING MEASURES. 2. How many qualified and unqualified Mr. WILKES (Northcote) asked teachers, respectively, are at each school? the Minister of Lands, for the 3. How many teachers teaching mathe­ Minister for Local Government- matics at these schools have not matriculated? 1. What action has been taken by the Melbourne and Metropolitan Board of 4. Whether there is any shortage of Works to ensure that no further flooding of qualified teachers at the above schools? homes adjacent to Bullen's drain, in the Mr. BLOOMFIELD (Minister of Thornbury area, will occur? Education) .-The answers are- 2. What additional storm water and/or 1,2, and 3. effluent has been discharged into the drain in the past two years? Teachers. Mr. BALFOUR (Minister of Lands). Stu­ Teach­ -The answers supplied by the School. dents. Quall- Unquall- M~ts: Minister for Local Government are- fled. fled. without 1. The Board is at present replacing the ------1------Matric. existing open pitched channel and bridges Northcote High 715 25 14 from Smith-street to Miller-street, North­ School cote, with a rectangular reinforced concrete Thornbury High 770 28 12 School drain, which will provide for the normally Northcote TechnIcal 224 12 2 o expected heavy rains, at a cost of $216,480. School 2. The catchment area of this drain is In this answer, "unqualified" has been virtually fully developed and to the Board's interpreted as "lacking teacher training." knowledge no additional sources of storm­ 4. Each of these schools is staffed more water and/or effluent have been discharged generously than the schedule laid down by into this drain in the past two years. the Teachers Tribunal requires. However, in two of these cases the Department con­ ELECTORATE OF SUNSHINE: siders that the situation could be improved by the appointment of an additional teacher SEWERAGE. or teachers :-Northcote High School-I! Mr. LOVEGROVE (Fitzroy) asked teachers for library and science. Northcote the Minister of Lands, for the Minis­ Technical School-l teacher for mathe­ matics. ter for Local Government- 1. How many unsewered premises are in MELBOURNE AND the Sunshine State electorate? METROPOLITAN BOARD OF 2. Where in the electorate these un­ WORKS. sewered premises are situated? 3. When it is expected that sewerage will KOROROIT CREEK: PUBLIC SAFETY. be connected to these premises? Mr. LOVEGROVE (Fitzroy) asked 4. How many premises in the electorate the Minister of Lands, for the Minis­ have been connected to sewerage since lOth ter for Local Government- May, 1966? Whether the Government has made any 5. What public buildings (including inquiry into the conditions dangerous to schools and kindergartens) are unsewered public safety evident at certain parts of the and when they will be sewered? 3016 , Department of [ASSEMBLY.] Agriculture.

Mr. BALFOUR (Minister of Lands). The existing agricultural colleges having -The answers supplied by the Minis­ now been raised to the status of colleges of advanced education with a view to in­ ter for Local Government are- creasing substantially the number of agricul­ 1. Approximately 1,450 properties within tural technologists so necessary for the the electorate are not provided with maintenance of services in research and sewerage facilities. extension work required by the primary 2. They are situated almost entirely in producers of Victoria, it is recognized that the south-western sector at Altona North. there is now a need for the development of a third agricultural college where certificate 3. Sewers will be available to approxi­ courses of one or two years may be mately 50 per cent. of these properties in available to farmers' sons and potential about twelve months' time and to the farm~rs in aspects of farm management and balance within two years. animal husbandry. 4. No record of the number of premises The cost of such a project is currently connected to the Board's sewerage system estimated at $700,000 to $800,000 over a is kept on an electorate basis. However, two or three-year period with consequen­ it is estimated that 371 tenements have tial recurrent expenditure at the rate of been connected since the 10th May, 1966, approximately $150,000 per annum. in the Sunshine electorate which comprises portions of the municipalities of Altona, It is hoped that as soon as an adequate Footscray and Sunshine. allocation of funds can be made available the development of Glenormiston estate 5. As far as the Melbourne and Metro­ will proceed as originally planned. politan Board of Works is aware, there are two schools and two kindergartens in the Meanwhile, the Glenormiston estate has area of North Altona which are not pro­ been the venue of much valuable research vided with sewers. One school and one work in the growing of pastures and kindergarten will be provided for within various cash crops, beef cattle production twelve months, and the others within two and fodder conservation. The Victoria stud years. of Friesian dairy cattle, which has been located at Glenormiston since 1957, has also been a source for the distribution to dairy farmers in Victoria of stock of high DEPARTMENT OF AGRICULTURE. productive capacity at reasonable prices. GLENORMISTON ESTATE: EDUCATION 2. No. As indicated above, the Gilbert IN DAIRY TECHNOLOGY. Chandler Institute of Dairy Technology at Werribee is at present being extended and For Mr. GIBBS (Portland), Mr. modernized to serve adequately the needs Ta¥lor asked the Minister of Water of Victoria for education in dairy tech­ Supply, for the Minister of Agricul­ nology. ture- 1. When the Government plans to fully CLEAN AIR ACT. establish Glenormiston agricultural farm? ELECTORATE OF SUNSHINE: Am 2. Whether it is proposed to set up a POLLUTION. fully-equipped School of Dairy Technology in the Western District, which is mainly a Mr. LOVEGROVE (Fitzroy) asked dairying area; if so, when? the Minister of Immigration, for the Minister of Health- Mr. DARCY (Minister of Water 1. Whether the Clean Air Committee Supply) .-The answers supplied by investigated air pollution from industries the Minister of Agriculture are within and adjacent to the Sunshine State lengthy, and I ask that they be in­ electorate; if so, where deposit gauges were corporated in Hansard without being located and what the readings indicated in each of the last five years ending 31st read. December? Leave was granted, and the 2. What action has been taken by the answers were as follows:- committee and any other authority to com­ bat air pollution in the electorate? 1. The development of Glenormiston estate as an agricultural college has had 3. What industries in the electorate the to be postponed pending the rehabilitation Commission of Public Health has dealt with of the colleges at Dookie and Longerenong in connexion with air pollution and what at a cost of well over $2,000,000 and other specific action was taken with each capital projects of high priority and impor­ industry? tance to primary producers in this State, 4. Whether any industrial plant in the including the current extension and electorate has been exempted 'by the Com­ modernization of the Gilbert Chandler Insti­ mission from the provisions of any regula­ tute of Dairy Technology at Werribee at a tion which limits the concentration of air cost of approximately $1,500,000. impurities emitted to the atmosphere? Olean Air [21 FEBRUARY, 1967.] Act. 3017

Mr. ROSSITER (Minister of Immi­ (b) Castrol Ltd.-Examination and ap­ proval of boiler plant together with gration) .-The answers supplied by associated air pollution control the Minister of Health are lengthy, equipment plans and specifications. and I ask leave to have them incor­ (c) Olympic Cables Pty. Ltd.-Examina­ porated in Hansard without being tion and approval of boiler plant read. together with associated air pollu­ tion control equipment plans and Leave was granted, and the specifications. answers were as follows:- (d) Massey Ferguson (Aust.) Ltd.-Ex­ 1. No. All complaints in respect of air amination and approval of two pollution are in the first instance thoroughly cupolas with associated air pollu­ mvestigated by officers of the Department tion control equipment plans and of Health. Those specifically dealt with in specifications. the Clean Air Section are summarized and (e) Dyecraft Pty. Ltd.-Examination and submitted for the information of the Clean approval of boiler plant together Air Committee. with associated air pollution con­ Deposit gauges are located at Delmont­ trol equipment plans and specifi­ street, Albion, and at Almond-avenue, cations. Brooklyn. (f) Metal Manufacturers.-Examination Deposit gauge readings were commenced and approval of boiler plant and in the Sunshine area in 1962. The yearly kerosene gas generating plant and values to 1965 are as follows:-(Figures in associated air pollution control respect of 1966 not yet complete.) equipment plans and specifications. DEPOSITED MATTER (DUSTFALL). (g) Sunshine Cabinet Works Pty. Ltd.­ Examination and approval of wood Yearly mean values in long tons per square waste incineration plant and asso­ mile per month. ciated plans and specifications. Sunshine Municipality, Albion. (h) W. K. Burnside.-Examination and approval of boiler plant and asso­ ciated air pollution control equip­ 1962. I 1963. 1964. I 1965. ------1------ment plans and specifications. (i) J. H. Ralph & Sons Pty. Ltd.-Ex­ Site No. 171 amination and approval of boiler plant and associated air pollution Insoluble (water) ., 7·0 9·7 10·7 11·2 control equipment plans and speci­ Combustible matter 1·2 2·2 1·9 3·0 fications. Ash 5·8 7·5 8·8 8·2 (j) Austral Standard Cables, Maidstone. Soluble (water) 0·8 1·8 2·5 2·3 -Examination and approval of pH 6·2 6·1 5·8 5·6 industrial incinerator and asso­ ciated air pollution control equip­ Site No. 172 ment plans and specifications. Insoluble (water) 7·5 9·9 10·7 10·4 (k) Beaurepaire Tyre Service Pty. Ltd.­ Combustible matter 1·1 1·7 2'9 2·2 Examination and approval of boiler Ash 6·4 8·2 7·8 8·2 plant and associated air pollution Soluble (water) 1·0 2·2 2·2 2·3 control equipment plans and speci­ pH 6·3 6·0 5·7 5·6 fications. (I) Edcliff Engineering Pty. Ltd.-Ex- 2. The Clean Air Committee is an ad­ amination and approval of spray visory committee and as such has no execu­ booths, associated air pollution tive functions of its own. The functions control equipment plans and speci­ of air pollution control are being carried fications. out by permanent officers in the Clean Air (m) I.C.I.A.N.Z. Ltd. Fabrics Division.­ Section of the Department of Health. In Examination and approval of boiler addition to dust deposit gauge, smoke and plant with associated air pollution sulphur dioxide monitor survey work, a control equipment plans and speci­ considerable number of inspections and dis­ fications. cussions concerning air pollution control (n) Steelcraft Baby Carriages.-Exami­ equipment have been carried out. nation and approval of boiler plant 3. The Commission of Public Health has and associated air pollution con­ approved of the following air pollution con­ trol equipment plans and specifi­ trol equipment:- cations. (a) Albion Quarrying Co. Pty. Ltd.­ (0) Co-operative Farmers and Graziers Examination and approval of hot Direct Supply Ltd.-Examination mix plant together with associated and approval of boiler plant and air pollution control equipment associated air pollution control plans and specifications. equipment plans and specifications. 3018 Petroleum (Barracouta and [ASSEMBLY.] Marlin Fields Agreement) Bill.

(p) Leroc Containers Pty. Ltd.-Exam­ Victoria and Haematite Explorations ination and approval of boiler plant and associated air pollution control Proprietary Limited and Esso Ex­ equipment plans and specifications. ploration and Production Australia (q) Nobel Aust. Pty. Ltd.-Examination Inc. with respect to the recovery of and approval of spray booth and the petroleum resources from certain associated air pollution control submerged lands adjacent to the equipment plans and specifications. State, and for other purposes. (r) E.P.M. Concrete Pty. Ltd.-Examina­ tion and approval of boiler plant The motion was agreed to. and associated air pollution con­ trol equipment plans and specifi­ The Bill was brought in and read cations. a first time. (s) Sidney Cooke Pty. Ltd.-Examination and approval of boiler plant and perolene heater and associated air PUBLIC OFFICERS (LONG pollution control equipment plans and specifications. SERVICE LEAVE) BILL. 4. No. For Sir HENRY BOLTE (Premier and Treasurer), Mr. Rylah (Chief STATUTE LAW REVISION Secretary), by leave, moved for leave COMMITTEE. to bring in a Bill to permit the pay­ ment of certain sums in lieu of long INSTRUMENTS (CORPORATE BODIES service leave, and for other purposes. CONTRACTS) BILL. Mr. WILKES (N orthcote) presented The motion was agreed to. the report of the Statute Law Revi­ The Bill was brought in and read sion Committee on the proposals con­ a first time. tained in the Instruments (Corporate Bodies Contracts) Bill, together with minutes of evidence and an appendix. VICTORIA INSTITUTE OF It . was ordered that they be laid COLLEGES (BOARD OF STUDIES) on the table, and that the report be BILL. printed. Mr. BLOOMFIELD (Minister of Education), by leave, moved for STATE SAVINGS BANK leave to bring in a Bill to amend the (AMENDMENT) BILL. Victoria Institute of Colleges Act 1965. For Sir HENRY BOLTE (Premier and Treasurer), Mr. Rylah (Chief The motion was agreed to. Secretary), by leave, moved for leave to bring in a Bill to amend section The Bill was brought in and read 53 of the State Savings Bank Act a first time. 1958. The motion was agreed to. LAND (SURF LIFE SAVING ASSOCIATION) BILL. The Bill was brought in and read Mr. BALFOUR (Minister of Lands), a first time. by leave, moved for leave to bring in a Bill to authorize the granting to PETROLE.UM (BARRACOUTA AND a certain association upon the in­ MARLIN FIELDS AGREEMENT) corporation thereof of leases of BILL. Crown lands reserved under the Land For Sir HENRY BOLTE (Premier Act 1958 and adjacent to the sea and Treasurer), Mr. Rylah (Chief coast for the purpose of surf club Secretary), by leave, moved for leave activities and related purposes. to bring in a Bill to ratify validate The motion was agreed to. approve and otherwise give effect to an agreement between the Premier The Bill was brought in and read for and on behalf of the State of a first time. Petroleum (Ba'T'Tacouta and [21 FEBRUARY, 1967.] Marlin Fields Agreement) Bill. 3019

RAILWAYS (STATE COAL MINE III. The companies now desire to carry out OFFICERS) BILL. operations for the recovery of petroleum from the areas where discoveries have been Mr. MEAGHER (Minister of Trans­ made. port), by leave, moved for leave to IV. Before incurring the expense involved bring in a Bill to amend section 187 in carrying out the said operations the of the Railways Act 1958. companies desire to have certain assurances as to their rights and obligations under any The motion was agreed to. licence granted to them to carry out the said operations. The Bill was brought in and read V. In view of the benefits which the State a first time. will derive from the said operations and the desire of the State that the said operations should commence as soon as TOWN AND COUNTRY PLANNING possible the State has reached agreement (AMENDMENT) BILL. with the companies as to their rights and obligations under the licences to be granted Mr. BALFOUR (Minister of Lands), to them. by leave, moved for leave to bring VI. The parties hereto are desirous of in a Bill to amend the Town and entering into the agreement following so Country Planning Act 1961, and for that upon its ratification validation and approval by the Parliament of the said State other purposes. the agreement will become binding on the The motion was agreed to. said State and the companies and the licences as agreed upon shall be granted to The Bill was brought in and read the companies. a first time. Before dealing in some detail with the Bill, I wish to inform honorable PETROLEUM (BARRACO UTA AND members as fully as possible of the MARLIN FIELDS AGREEMENT) history of this matter, and to in­ BILL. dicate why the Government has Sir HENRY BOLTE (Premier and introduced this special legislation to Treasurer).-I move- enable production of petroleum from That this Bill be now read a second time. the subject offshore areas, which areas, by the way, are shown on the This is a Bill to ratify an agreement plan in the Second Schedule to the made between the State of Victoria Bill. As honorable members are and Haematite Explorations Pro­ aware, the Governments of the Com­ prietary Limited and Esso Explora­ monwealth and all the Australian tion and Production Australia, States have been working solidly Incorporated, with respect to the for some two years in efforts recovery of petroleum resources to reach agreement on a system of from submerged lands adjacent to legislation to control and safeguard Victoria. The purposes of the agree­ the exploration for and the exploita­ ment-which forms the schedule to tion of the petroleum resources in the Bill-are described in clauses I. Australian offshore areas, both within to VI. of the recital, which reads as and beyond territorial limits. follows: Whereas- Briefly, the objective of these I. Haematite Explorations Proprietary extensive Commonwealth-State dis­ Limited is the holder of petroleum explora­ cussions was to reach agreement on tion permits under the Petroleum Act 1958 a scheme that would give certainty in respect of certain areas of submerged of legal title to operators in offshore land adjacent to the State and, with the consent of the Minister of Mines, has areas who undertake the very sub­ entered into an agreement with Esso stantial expenditure involved in off­ Exploration Australia Inc. for the purpose shore petroleum exploration and of exploring for petroleum and exploiting exploitation, and at the same time any discoveries of petroleum made under enable constitutional issues to be the said permits. put on one side, thus avoiding the II. Esso Exploration Australia Inc. has changed its name to Esso Exploration and wasteful, costly, and seemingly in­ Production Australia Inc. conclusive litigation of the kind that 3020. Petroleum (Barracouta and [ASSEMBLY.] Marlin Fields Agreement) Bill.

has beset the United States of price offered by any other tenderer, America for many years, and is now the adjacent State to retain the starting to show up in Canada price in the sale of these blocks. This between Ottawa and the Provinces. method of disposal of the remaining I am pleased to be able to inform four blocks has received long and honorable members that, except for careful consideration by all State one or two matters which it is hoped and Commonwealth Ministers who, will soon be resolved, complete at a joint meeting held in Adelaide agreement has been reached on the on the 25th January last, agreed to form and the content of the scheme an alternative arrangement whereby of joint Commonwealth-State offshore the discoverer, in addition to obtain­ petroleum legislation, which will pro­ ing a production licence over the vide for a "Common Code" for oil five blocks, can, by agreeing to pay and gas operations. an override royalty, buy, as it were, a production licence over the four Honorable members will recall remaining blocks. This override that two public statements on the royalty is to be payable on petroleum proposed offshore petroleum legis­ produced from all nine blocks. lation were issued concurrently by all State Ministers of Mines and It is this alternative arrangement the Minister for National Develop­ which the Government has adopted ment: -with the approval of the Common­ 1. The initial statement of 16th wealth and all the other States-in November, 1965, outlined respect of the Barracouta and Marlin briefly the principles which discoveries. An override royalty of would be included in the 1 per cent. on production from all proposed legislation. blocks covered by the production licence to be granted has been 2. The second statement of 30th imposed by the Government and is June, 1966, announced payable to Victoria; further, it has certain modifications to the been agreed between the Govern­ scheme as agreed between ment and the Commonwealth that the States and the Common­ the standard 10 per cent. royalty wealth. will be divided on the basis that Honorable members will know Victoria will receive 6 per cent. and that it has been agreed that there the Commonwealth 4 per cent., will be established over the nation's instead of the equal division as offshore areas a graticule system of previously agreed between the blocks, the size of each graticule Commonwealth and the States. This block to be 5 minutes of arc of arrangement, looked at from any latitude by 5 minutes of arc of angle, must be considered to be longitude. In Bass Strait, blocks are highly satisfactory to Victoria. about 25 square miles. I shall now describe the events It has been agreed that, following which led up to the introduction of on the discovery of petroleum, the this special legislation to authorize discoverer will be entitled to select production of oil and gas from the five blocks-and be granted a pro­ Barracouta and Marlin fields. In duction licence in respect of them­ 1960, Haematite Explorations Pro­ out of a "location area" of nine prietary Limited was granted a blocks the remaining four blocks petroleum exploration permit-No. to revert to the Crown. The 38-over an area of 4,450 square proposition was that these four miles off the Victorian coast. This blocks would be disposed of by the permit was granted under the adjacent State by tender, with the Petroleum Act 1958, which is discoverer having the right of first described as being" an Act to con­ option over any block at the top solidate the Law relating to the Sir Henry Bolte petroleum (Barracouta and [21 FEBRUARY, 1967.] Marlin Fields Agreement) Bill. 3021

Encouragement and Regulation of Naturally enough, the companies Exploring, Prospecting and Mining have sought production titles, and, for Petroleum ". I point out that this indeed, the first application for a Act was very definitely drafted petroleum mineral lease over the having only land operations in mind, Barracouta field was lodged with the and, while reasonably adequate for Mines Department on the 14th De­ land exploration, it is quite inadequate cember, 1965. No immediate decision and quite inappropriate for offshore was made on this application, be­ development and production of cause it was confidently expected petroleum. The Petroleum Act 1958, that the joint Commonwealth-States by the way, makes no provision scheme for controlling offshore whatsoever for surrender of areas on areas would be completed and in discovery of petroleum. It imposes operation before production titles no limit on the number of leases of were absolutely essential. Unfortu­ up to 100 square miles that may be nately, owing to the inherent diffi­ granted, and royalty is fixed at 10 culties, both legal and technical, in per cent. the joint scheme, it was not possible to finalize it before it became im­ In May, 1964, an agreement was perative to grant production titles to entered into between Haematite and the discoveries. Esso which required the latter company to undertake an extensive To enable the development of the programme of geophysical survey discoveries to proceed without delay, and drilling over the area covered the Commonwealth Government, and by the petroleum exploration permit. indeed every Government in Aus­ tralia, has taken the view that special In December, 1964, the first well­ arrangements must be made to en­ Barracouta A.1-was spudded in, and able licences to be granted to these in April, 1965, this well was com­ companies which want to go into pleted with tests giving high yields production at the earliest possible of gas from a sand section indicated date. by electric logs to be of very con­ I cannot emphasize too greatly the siderable thickness. importance of this development, In July, 1965, a step-out well­ which involves the expenditure of no the Barracouta B.I.-was completed less than $150,000,000 by the pro­ with gas tests confirming those ob­ ducers which we believe will lead to tained from Barracouta A.I. Esti­ a substantial contribution to Aus­ mated gas reserves of the Barracouta tralia's balance of payments prob­ field are of the order of 1.5 trillion lems, amongst other things. cubic feet-adequate to support an The agreement and the licences average delivery of 150,000,000 cubic proposed to be granted are very much feet per day at a maximum delivery in the spirit of the Common Code, rate of 200,000,000 cubic feet per day and the Commonwealth Government for some twenty years or more. In has indicated that it will be prepared addition to the deliverable gas, the to preserve the rights granted under field will probably yield condensate these licences when the Common liquids amounting to 50,000,000 Code comes into operation. In this barrels. connexion it is, I think, relevant to In December, 1965, the Marlin A.1 refer, first, to sub-clause (1) of well was spudded in, and tests indi­ clause 5 of the Bill which reads- cated a gas capped oil pool. Step­ Except in so far as the express provisions of any licence granted by the Minister pur­ out wells Marlin B.1 and Marlin C.1 suant to this Act are inconsistent with any drilled and tested subsequently con­ law in force from time to time the provisions firmed gas reserves in excess of the of any such law shall apply to and in relation to the exploration for and the exploitation Barracouta field with expectations of of the natural resources, being petroleum, a major oil field. of any licence area by the Companies. 3022 Petroleum (Barracouta and [ASSEMBL Y.] Marlin Fields Agreement) Bill.

secondly, to sub-clause (1) of the circumstances which obtain in clause 8 of the agreement which respect of these two fields where pro­ reads- duction is imminent. It is the contemplation of the parties to this Agreement that the laws of the Com­ In this connexion, I should like to monwealth and of the State in force from point out that clause 15 of the pro­ time to time relating to the exploration for duction licences to be granted re­ and exploitation of the natural resources, quires the licensee during each year being petroleum, in the areas in respect of which the said licences are granted shall of the term to carry out in the licence apply to and in relation to the exploration area work approved by the Minister for and exploitation of those resources in to the value of the amount calculated the said areas but the operation of the by multiplying the sum of $100,000 express provisions of the said licences shall by the number of blocks included in be preserved; the licence. This clause is aimed at and, thirdly, to clause 14 of the Pro­ ensuring activity on the part of the duction Licence (First Schedule) licensee in the licence area, and which reads- accordingly there is provision for an The licensees shall comply with any law offset of the value of production of the Commonwealth and of the State in against the stipulated expenditure. force from time to time which applies to or in relation to the exploration for and the Clause 6 authorizes and empowers exploitation of the natural resources, being the companies to give effect to the petroleum, of the licence area. provisions of the agreement. Clause The Bill is a relatively short one. 7 relates to payment of royalty by Clause 1 is the short title, clause 2 the State to the Commonwealth of is the interpretation provision, and 40 per cent. of the standard 10 per clause 3 binds the Crown. These cent. royalty collected by the clauses are self-explanatory. Clause State. I have already stated that, 4 expressly ratifies the agreement and in addition to the standard royalty contains other provisions directed to of 10 per cent., the Government that end. negotiated an override royalty of 1 Sub-clause (1) of clause 5 relates per cent., the whole of which will be to the application of laws, Common­ retained by the State. wealth and State, concerning In regard to the agreement, which petroleum to licensed areas, a mat­ is the schedule to the Bill, between ter to which reference has already the State of Victoria and the com­ been made. Sub-clause (2) provides panies, I have already touched on that, for the purpos'es of the applica­ the recitals, clauses I. to VI., and tion of the Petroleum Act 1958 and these call for no further comment. the Mines Act 1958, any licences granted shall be deemed to be In Part I.-Preliminary-clause 1, petroleum mineral leases granted definition, and clause 2, interpreta­ under the Petroleum Act 1958, and tion, are self-explanatory, as is the companies shall be deemed to be clause 3, which provides that the the lessees thereunder. The sub­ agreement must be ratified by Act of clause goes on to provide that the Parliament. In Part 1I.-Rights of companies shall not be required to Companies-clauses 4, 5 and 6 are comply with the provisions of sub­ concerned with production licences sections (1) and (2) of section 33 'to be granted, the term of these of the Petroleum Act 1958. The licences, the forms they will take, reason for this is that section 33 of and the area which they will cover. the Petroleum Act requires the lessee The areas over which these licences -within six months of the date of will be granted will, of course, cease the execution of the lease-amongst to form part of the areas in respect of other things, to commence drilling at which exploration permits have been least one test well, a requirement that granted under the Petroleum Act is inappropriate and undesirable in 1958. Sir Henry Bolte. Petroleum (Ba"acouta and [21 FEBRUARY, 1967.] Marlin Fields Agreement) Bill. 3023

In Part III.-Security-clause 7 is I shall explain why no minimum or self-explanatory. For my own part, maximum royalty has been fixed for I doubt the need for these securities. the renewal of a lease in 21 years' Any violation of terms of the produc­ time. I have heard it argued, on the tion licence granted could lead to its one hand, that, if a field were practic­ termination, and this, when dealing ally exhausted and a high royalty with assets of the magnitude in­ were imposed, it would not be an volved in these fields, is probably economic proposition to get the oil deterrent enough without further out of that field. So, it may be neces­ security. However, this security re­ sary to charge a lower royalty in quirement is written into the Com­ order to obtain the last resources from mon Code as it stands, and accord­ that field. Yet, on the other ingly it has been written into the hand, the field may prove to be production licence to be granted. greater, bigger and better than it was at first thought and easy to operate. Part IV. relates to laws applicable Because the operating company has to licences. Sub-clause (1) of clause obtained the return of the whole of 8 refers to the understanding by its capital over the period of the pro­ parties of the extent of the applica­ duction licence, it might be that the tion of the proposed joint Common­ royalties should be higher. I think it wealth-State legislation when it is a good idea that these royalties becomes operative. Sub-clause (2) should be negotiated at the termina­ makes it clear that-save for the pro­ tion of the production lease rather visions of sub-sections (1) and (2) than determined now. There could of section 33 of the Petroleum Act be two sides to the question, but the 1958, to which I have already re­ only time to determine whether or ferred-the Petroleum Act 1958 and not the royalty should be higher is the Mines Act 1958 shall apply to the when the lease is renewed for a production licences to be granted as further period. if these were leases granted under the Petroleum Act 1958. Mr. Moss.-The company might be so happy that it will produce the oil The form of the production licences for nothing. to be granted is set out in the First Schedule, and I propose now to Sir HENRY BOLTE.-I think we comment on some of the more im­ are the happy ones at the moment. portant features of these licences. Unless the oil is produced now, it will Clauses 1 and 2 refer to the initial stay at the bottom of Bass Strait for term, of 21 years-our own legisla­ possibly another century. tion would have given a term of only Clauses 3 and 4 fix the rent at fifteen years-and to renewals of $3,000 per annum for each block con­ the licence. Provided that the tained in the licence area. The two licensee has satisfactorily carried licences granted over the Barracouta out the conditions and covenants of field together cover nine blocks, as do his licence, he is entitled to a renewal also the two licences granted over of one period of 21 years. There­ the Marlin field. after the Minister may grant further Clauses 5 to 13 are concerned with renewals from time to time for such royalty which has been fixed at the periods, each not exceeding 21 years, rate of 11 per cent. of the well-head as he thinks fit. Clause 2 makes it value of petroleum recovered from clear that licences renewed shall be the licence area. The relevant subject to the payment of such clauses, which I think are self­ royalties as are provided for at the explanatory, deal with circumstances time of renewal and be subject also in which royalty is not payable, with to all other provisions of the law at provisions for establishing the well­ the time of renewal. head value of petroleum on which "3024 Petroleum (Barracouta and ~ASSEMBLY.] Marlin Fields Agreement) Bill.

royalty is computed, the time and permit any person authorized by the mode of payment of royalty, and the Minister to inspect the licence area measurement of petroleum recovered. or any installations thereon, and requires the licensee to assist the Clause 14 requires the licensees to person making the inspection in every comply with any law of the Com­ possible way. monwealth and of the State in force from time to time relating to Clauses 25 and 26 are most im­ petroleum exploration and exploita­ portant. They require the licensee tion and foreshadows the coming into not to abandon wells without the operation of the Commonwealth­ prior written consent of the Minister, States offshore legislation and the to make good any damage done to Common Code. the sea bed or sub-soil of the licence area, and to make satisfactory pro­ Clause 15 is the expenditure vision for the conservation and pro­ covenant and is identical with the tection of the natural resources of expenditure covenant in the Common the licence area. Sub-clauses (1) and Code. It is aimed at keeping a licensee (2) of clause 27 provide that, with­ active and calls for expenditure on out the consent of the Minister, any approved work on each licence area purported assignment, transfer or of $100,000 per block per annum. This other disposition of rights will not be means that the companies must ex­ effective, and that any such transfer pend not less than $900,000 per or assignment will be subject to the annum on the Barracouta field, with laws in force from time to time a similar sum to be expended on the relating to such transactions and Marlin field. In keeping with the including the payment of such fees objective of the covenant, production as are from time to time required by can be offset against expenditure and law. sub-clause (2) enables the Minister to exempt the licensee from this Clause 28 requires the licensee to expenditure obligation where he indemnify the Crown against any thinks fit. actions brought against the Crown by anyone in relation to or in con­ Clauses 16, 17, 18 and 19 impose nexion with the licence. Sub-clauses duties on the licensee with regard to (1) and (2) of clause 29 describe the construction and maintenance of the circumstances and the manner all installations on the licence area. in which the Minister may cancel a The licensee is required to carry out licence. Clauses 30 and 31 set out operations in such a manner as to the manner in which notice may be ensure that there will be no objection­ served, and clause 32 relates to able interference with navigation, definitions. fishing and the like, and must within three days of discovery of the event This Bill is one of the most im­ give notice to the Minister of any portant measures that I have had the event causing escape or waste of privilege of introdUcing into this petroleum, or damage to petroleum House. It marks the beginning of an bearing strata. era of petroleum production in off­ shore Victoria which, I believe, will Clauses 20, 21, 22 and 23 relate to have far-reaching effects on the the keeping of operational records, country's economy and its security. the keeping and inspection of It authorizes the development of the accounting records and the furnish­ Marlin and Barracouta fields by two ing of accounting statements and outstanding companies-one Aus­ operational information to the Min­ tralian and the other American-in ister. The need for these clauses will full and equal partnership. Honor­ be self-evident, and I think no ex­ able members will know that Haema­ planation of them is necessary. tite Explorations Proprietary Limited Clause 24 requires the licensee to is a subsidiary of Broken Hill Sir Henry Bolte. Petroleum Barracouta and [21 FEBRUARY, 1967.] Marlin Fields Agreement) Bill. 3025

Proprietary Company Limited, a com­ be learned. One thing of which I am pany that has a splendid record of sure is that the conditions which achievement in Australian mining relate to the discoveries on land do over a long period of years. The not apply to discoveries offshore. American partner-Esso Exploration and Production Australia Incor­ Woodside, which has now been porated-is a subsidiary of Standard jOined by B.O.C. of Australia Limited Oil Company (New Jersey), a com­ and others, had hoped to have a most pany which has world-wide petroleum valuable rig spudded in in the Gipps­ experience and which is possessed land area by about January, but it is of tremendous financial resources now thought that the rig will not be and technical know-how-attributes available until Mayor June. Haema­ which are basic and fundamental to tite arranged to have built, at Kembla, successful offshore petroleum ex­ the largest crane in the world for ploration and exploitation. offshore production and expected to have it next month. However, all the I should like to make one or two conditions are new, and now it is not further observations. I commend and likely that it will be in operation until compliment all the officers of the June or July. For weeks, a rig has various departments, including the been attempting to spud in in the Law Department, the Premier's Otway Basin area, for exploration, Department, and the Mines Depart­ but, because of the structure of a ment, and all those people who sea bed, which consists of smooth have taken part in the discus­ boulders of basalt, the rig cannot get sions and conferences which have a grip. The people who invested been taking place over a considerable tremendous sums of money in ex­ period of time. I am sure that their ploration in, say the Otway Basin-- patience was tested on many occasions. We were all in the same Mr. WILTON .-Including the Com­ position; we were pioneering this monwealth Government. new field in Australia. It has fallen Sir HENRY BOLTE.-The honor­ to the lot of Victoria to issue the first able member for Broadmeadows production licences for petroleum knows a lot about most things, but products in valuable offshore areas. I remind him that, when a dis­ It may be that what was decided upon covery is made, no subsidy is paid. could have been bettered here and At Barracouta and Marlin, and in all there. It may be that after some the adjacent areas, now that a dis­ years there will be some greater covery has been made there will be knowledge of the problems in this no subsidy. field, and that someone will have an improved way of doing things. Mr. STONEHAM.-How much did However, I assure the House that all they spend directly to make that dis­ possibilities have been canvassed. covery? The information available all Sir HENRY BOLTE.-I could go on around the world has been brought educating the Leader of the Opposi­ to bear on the discussions on this tion for a long time.· project. Officers travelled overseas Mr. STONEHAM.-Then go on, this to see what was happening in other is of particular interest to me. countries but, unfortunately, there was not a great deal of knowledge Sir HENRY BOLTE.-Perhaps I relating to offshore production of shall be tempted. Whilst these rigs petroleum products. There is a great are in the process of being made, or deal of knowledge about the produc­ are being towed into position, or an tion of these products on land. Aus­ attempt is being made to spud in, the tralia-particularly Victoria-is, I be­ cost runs into thousands upon lieve, one of the pioneers in offshore thousands of dollars per day. It is a production, and there is a lot yet to different matter from taking the rig 3026 Petroleum (Barraoouta and (ASSEMBLY.) Marlin Fields A.greement) Bill.

to a place on shore. I agree with the exploration subsidy. One of the terms interjection that the cost is approxi­ was that, up to the time of proving a mately $18,000 a day for offshore field, periodical subsidy payments operations. would be made, but the moment a field was proved all subsidy ceased. Mr. STONEHAM.-For how many I cannot say for certain to what area days? in and around a particular field this Sir HENRY BOLTE.-The rig in the policy of discontinuing subsidy Otway Basin area has been there for applies, but I should think that, for weeks, but it has not been spudded current and future exploration in the in yet. However, I was using that as areas under consideration in this Bill, only one example to show that the no subsidy will apply. cost of exploration and production Mr. STONEHAM.-I am seeking the offshore is so much greater than the actual amount the company spent. cost on shore. Sir HENRY BOLTE.-Broken Hill Mr. PHELAN.-If they are as smart Proprietary Company Limited had as you say, it would be economically the exploration permit for this area sound. covering, I think, 4,500 square miles. At the stage at which the results Sir HENRY BOLTE.-Of course it of seismic surveys and mag­ is economically sound. I hope I have natometer surveys were available not conveyed the impression that it to present to interested organiza­ is not. For many and varied reasons, tions, Broken Hill Proprietary Com­ we certainly want these things to be pany Limited had spent in the economically sound. In reply to the Bass Strait area approximately Leader of the Opposition, I point out $1,800,000 or $2,000,000, of which that the original policy of the Federal one-third was returned to the Government, which has operated company by way of subsidy. As over the years, was to give a the prospect of production appeared subsidy of $1 for every $2 spent to good, Broken Hill Proprietary Com­ encourage exploration for petroleum pany Limited was able to find itself products. That was the policy be­ a partner, in Esso. Esso agreed to cause the benefit of finding petroleum enter into partnership with Broken was so obvious. Australia imports Hill Proprietary Company Limited on about $400,000,000 worth of a 50-50 basis, accepting the obliga­ petroleum products each year, and tion to put down a certain number they have to be paid for from Aus­ of wells in given areas. That is why tralia's overseas balances. If Aus­ Glomar III is drilling just off the tralia's petroleum needs were supplied Tasmanian coast. The original agree­ from within its boundaries, that over­ ment entered into on the basis of seas exchange could be saved. the seismic and magnatometer sur­ Have honorable members given veys is now being complied with. thought to what the discovery of Perhaps the next well to be drilled petroleum means to the defence of near Tasmania will be the last under this country? In that context, the the terms of that agreement. But contrast between having our require­ the matter goes further. Broken Hill ments here and having to bring them Proprietary Company Limited re­ from overseas, with the attendant served the right to quit when a risks, is quite apparent. Across the productive field was found. On this, whole field of petrolific products­ I will not be bound to figures, petrol, gas, condensate, oil, fuel oil, because I am speaking from and any other commodity-the ad­ memory. To the best of my recollec­ vantages of local production are tion, Broken Hill Limited could have tremendous. That is why the Com­ taken no part in production, but monwealth Government, irrespective merely accepted 12! per cent. of of its political colour, provided an the value of what was produced. Petroleum (Barr:acouta (tnd [21 FEBRUARY, 1967.] Marlin Fields Agreement) Bill. 3027

I am not sure whether it was the the Barracouta field alone. I be­ gross or the net product, although lieve it is to the credit of Broken Hill I think it was the gross product, Proprietary Company Limited that which meant that the company the company has obligated itself not could have had a 12! per cent. royalty only to be an equal partner in the and no longer have any obligations. venture but also to share the capital expenditure involved. This is not Mr. FENNESSY.-Would there be a small business. cash payment as well? The second-reading notes explained Sir HENRY BOLTE.-No. I be­ that when the leases or permits in lieve it is to the credit of the Broken question are granted and authorized Hill company that rather than take by the Federal Government, the pro­ this percentage and quit, it has agreed ducers will be in a position to bor­ to become equal partners in what is row at least $150,000,000-they to be this tremendous development. must borrow the money-to be spent In doing so, the company took some principally in Gippsland not in the risks. next ten years, but in the next two Mr. WILTON.-It appears to be a years. It is important that the safe bet. leases and permits should be given the validity that is required. How Sir HENRY BOLTE.-Of course, could any organization dealing in the honorable member for Broad­ transactions of this type negotiate meadows knows everything about on the basis of hearsay and say, "We everything. The company was re­ will fix it in the years to come"? Big quired to make up its mind on the and all as the company is, it could Barracouta field which was supposed not borrow money of this type to have a proven capacity of a trillion from anybody unless it had something and a half cubic feet of gas. Sup­ in writing confirming what it owns. posedly, this volume of gas would The information I am supplying is have supplied the Victorian market at factual. approximately 150,000,000 cubic feet a day for 21 years. However, on that I do not swallow everything that known volume of gas in the Bar­ I am told, but I believe that unless racouta field, the Gas and Fuel Corp­ the agreement is validated in the oration refused to accept an agree­ near future, it could cost the pro­ ment with the company because the ducers anything between $5,000,000 Corporation said that it was insuffi­ and $10,000,000 additional to provide cient to meet the future needs of the equipment and installations that Victoria. are needed. An amount of $5,000,000 or $10,000,000 on a total of It was not until the Marlin field was $150,000,000 is not a great percent­ discovered, and the producers dedi­ age. However, if a company misses cated themselves to producing not space in a shipping yard or misses an only the whole of the Barracouta order for a tremendous volume of field but also the portion of the Mar­ steel, it would be apparent what 5 lin field that was required, that the per cent. would mean on a total of Gas and Fuel Corporation was $150,000,000, but I do not think this satisfied that there would be suffi­ would worry the companies as much cient volume of residual gas to meet as it would worry the Victorian Government. Because of the capital the growing needs of the State. It investment involved, whether in con­ was necessary to decide this after the nexion with onshore or offshore first gas field had been found. Cer­ installations, it is necessary to bring tainly, it is a fairly large gas field, these two fields into production and but it was not magnificent enough utilize them without delay-all this for the Gas and Fuel Cop oration to becomes a capital cost on the produc­ sign an agreement on the strength of tion. 3028 Petroleum (Barracouta and [ASSEMBLY.] Marlin Fields Agreement) Bill.

In a few years' time, the companies of a commitment later in April. Any concerned will be paying a huge lengthy delay of the debate on this amount by way of taxation. I Bill could be misunderstood. believe this will prove of tremendous benefit to the ordinary taxpayers. If Mr. STONEHAM' (Leader of the there are several new discoveries of Opposition).-In the past, the Oppo­ oil in particular, and the new fields sition has accepted assurances of the are brought into production and are type given by the Premier. It is not utilized, the tax which will be paid a question of a long delay in the will relieve, if not lessen, the in­ adjournment of the debate-honor­ cidence of other taxation; at least able members are aware of the long it will help to prevent taxation from time during which the Government rising higher. Gas and oil discoveries has been endeavouring to draw up represent new wealth from which this agreement. The public is vitally everyone will derive some benefit. I interested in this legislation. I feel seriously suggest that before any that an adjournment of the debate person or party attempts to "play for only two weeks is unreasonable. around" with this measure, which At the end of that time, the Oppo­ will validate an agreement, he should sition might still desire an additional consider what he is doing and period of adjournment. thoroughly understand what is in­ The motion was agreed to, and the volved and what this means not only debate was adjourned until Tuesday, to Victoria but to Australia as a March 7. whole. I commend the Bill to the House. TOWN AND COUNTRY PLANNING Mr. STONEHAM (Leader of the (AMENDMENT) BILL. Opposition).-I move- Mr. BALFOUR (Minister of That the debate be now adjourned. Lands).-I move- The Opposition certainly does not That this Bill be now read a second time. wish to be charged with causing this A full five years has passed since additional expenditure to which the a town planning measure was last Premier referred. before Parliament. The consolidating The DEPUTY SPEAKER (Mr. and amending Act of 1961 contained Christie).-Order! many new provisions and was a real milestone in planning in this State. Mr. STONEHAM.-The Opposition However, the findings of the courts does not wish to hold up the passage have revealed that it is not devoid of this Bill unduly. However, I con­ of weaknesses and this, along with sider that an adjournment of the the practical experience gained in the debate for three weeks is warranted. implementation of the Act, has led to the conclusion that in the best in­ The motion for the adjournment of terests of planning steps need to be the debate was agreed to. taken or changes made for which Sir HENRY BOLTE (Premier and the authority of the Legislature is Treasurer).-I move- needed. That the debate be adjourned until The Bill has four main objects: Tuesday, March 7. First, to provide for the tribunal to In view of the fact that it is intended hear and determine town planning that Parliament shall sit on Tuesdays, appeals; secondly, to make better Wednesdays and Thursdays, I con­ provision for regional planning sider an adjournment of the debate where the area of a planning scheme for a fortnight should be sufficient. overlaps the boundaries of two or I remind honorable members of the more municipalities; thirdly, to de­ time-table so far as this session of fine more satisfactorily the relation­ Parliament is concerned, and also ship between the Board of Works and Town and Oountry Planning [21 FEBRUARY, 1967.] (Amendment) Bill. 3029 metropolitan councils after approval to have knowledge and experience in is given to the Melbourne Metropoli­ public administration, commerce or tan Planning Scheme; and, fourthly, industry. This constitution will, it is to clarify and improve provisions of believed, give the tribunal not only the Act in the light of experience with competence but also the confidence of the administra tion of planning the respective parties to appeals schemes. who will appear before it and will have to abide I shall now deal with these matters by its decisions. more fully. As honorable members While the procedure in relation to are aware, the determination of plan­ appeals and hearings will be. ning appeals has been the responsi­ generally the same as at present, it bility of the Minister. He may hear is being ensured that parties are the appeals himself but, in recent made aware of the basic points to be years, he has rarely done so relied upon by other parties at hear­ because of the time involved. The ings. This should save time, but will practice has been for him to appoint not prevent submissions of any addi­ one or more delegates to hear appeals tional relevant matters at a hearing, and submit full reports and recom­ and where this is done by any party, mendations to him after making in­ reasonable opportunity will be spections of the sites and localities required to be given other parties to concerned. This procedure has consider and reply to them. worked. satisfactorily and, although many hundreds of appeals have been Reasons for determinations are to handled over the years, there has be given to all parties and the tri­ been very little criticism on the part bunal is required to have important of part.ies concerned over the way Or typical determinations and reasons hearings have been conducted. While therefor published for the information it has been possible to obtain suitable of planning authorities and others delegates, there is no certainty that interested. Provision is being made persons of appropriate competence for the tribunal, at the request of any will always be available. Moreover, party or otherwise, to refer any point while the great majority of appeals of law to the Supreme Court for concern land in the metropolitan area, determination; also, for any party to an increasing number of appeals appeal to the Supreme Court against occur in the country, as planning the determination of the tribunal on control extends throughout the State, a point of law. and, aJthough it may not be often I now pass on to regional planning. that the Minister feels it necessary Outside the metropolitan area it is himself to inspect a site, the need the responsibility of municipal coun­ does arise from time to time, and cils to administer and enforce plan­ it is rather much to expect him to ning schemes covering their munici­ have to take time-consuming trips pal districts, whether or not they pre­ for this purpose. Further, while the pared the schemes. Municipal coun­ Government is not aware of any cils whose respective districts cover criticism that the determination of one continuous area may set up a appeals over the years has been other joint committee on which each coun­ than fair and impartial, the fact that cil is represented to prepare a plan­ a Minister of the Crown has to ning scheme, and this has been and make determinations may give an is being done in a number of places. appearance to the contrary. The joint committee may make and The best substitute for the present enforce an interim development procedure is considered to be an order, but, once the scheme it has independent administrative tribunal of prepared has been approved by the three persons-the chairman to be a Governor in Council, it no longer has qualified lawyer, one member to be any authority but may function an experienced planner, and the other merely in an advisory capacity. Any 3030 Town and Oountry Planning [ASSEMBLY.] (Amendment) Bill. amending scheme may be made only a new consideration of the relation­ by a council; due to respective ships between the Board of Works councils having different ideas, a joint and councils in relation to the scheme may lose the uniformity of scheme. requirement that originally existed and in the interests of the people As honorable members will be should remain uniform. Where the aware, a number of metropolitan nature of any proposed amendment councils have their own planning of a joint scheme is one that pro­ schemes in operation, while others perly should relate to the whole have prepared or are preparing planning area, the co-operation of schemes and have their own interim every council cannot be ensured nor development orders. Some of these is the machinery of the present Act councils are understandably reluctant adequate. to surrender their powers in relation to planning matters; but it is clear To overcome these problems, it is that it is not practicable for major proposed that the Governor in Coun­ local schemes to remain in operation cil be enabled to set up, in respect of or be brought into operation once any defined planning area, a regional the metropolitan planning scheme has planning authority representative not been approved because, while basic only of the respective councils but zonings may generally be similar, the also of any public authorities that more detailed provisions relating to may have special interests in that land use would differ considerably area in relation to planning. The and incompatible provisions would regional authority would be a per­ create anomalous situations. This manent body and be responsible for was foreseen in 1961 as section 56 the administration of any scheme pre­ of the Act provides that councils may pared by it and, where directed by prepare and submit to the Minister the Governor in Council, of any schemes which, if accepted with or scheme in existence on its constitu­ without modifications, would be sub­ tion. It would have all the provi­ mitted to the Governor in Council as sions that the Melbourne and Metro­ amendments of the metropolitan politan Board of Works may exercise scheme. The Bill provides that, be­ as a planning authority in the metro­ fore a council may proceed to prepare politan, area. such a scheme, the Board of Works An authority would be constituted must first have refused or failed to only after consultation with the grant a request by the council to respective municipal councils and prepare an amending scheme, and the public authorities proposed to be Minister's consent must also be represented thereon and with the obtained. Town and Country Planning Board. One reason why councils desire to Costs of the authority would be retain some degree of local control apportioned between the relevant in planning matters is that, while councils and public authorjties as m'etropolitan scheme requirements in agreed upon, or, in default, as deter­ respect of any zone mU,st be uniform mined by the Governor in Council. for all lands within that zone Provision is being made for existing throughout the metropolitan area, joint committees to continue, but, local circumstances may call for con­ where a regional planning authority sideration of aspects of a local is constituted, any joint committee character that require additional existing for any portion of its plan­ restrictions. It is reasonable and ning area will cease to exist. desirable also that councils should continue to be able to exercise some I shall now advert to the metro­ controls that they have been exer~ politan area. The anticipated cising under their own schemes and approval of the metropolitan plan­ interim development orders. For ning scheme later this year has led to example, one council has consistently Mr. Balfour. Town and Oountry Planning [21 FEBRUARY, 1967.] (Amendment) Bill. 3031

required industrial buildings to be which they should be commended­ set back from boundaries of arterial all the local control they should and main roads in a manner not re­ desire. quired by the Board of Works. The area betw·een buildings and the road I shall now briefly refer to those is usually planted with lawns, shrubs clauses of the Bill outside the matters or trees with pleasing effect. The which I have so far mentioned. The advantage and desirability of retain­ provisions contained in clause 3 ing such a control are obvious. increase from three to four the membership of the Town and Country To deal with these situations, coun­ Planning Board. At present, the cils are being given pow·ers to make chairman alone is a full-time mem­ by-laws complementary to but not ber. The great increase in the contrary to the provisions of the work of the Board in recent years metropolitan scheme. Such by-laws in the preparation of schemes and may relate to any matters that may the examination of schemes submitted be included in schemes except those to the Minister has so tied down the that involve the payment of com­ chairman that he has not been able pensation. I may add that this by-law to give time needed for visiting muni­ making power will also be available cipalities and promoting planning in to councils in regional planning areas. areas of the State where it is needed The by-laws will be subject to Gov­ but not being done. It is therefore ernor in Council approval after con­ proposed that the additional member sideration of reports by the Board shall be a full-time deputy chairman. of Works or regional planning With a membership of four, the authority as the case may be and chairman is being given a casting the Town and Country Planning vote. Board. At present, the salaries of the This by-law-making power makes Board's staff are prescribed by necessary the amendment of section regulation and as regulations cannot 33 of the Act, sub-section (1) of be post-dated, whenever there is a which provides that, where a plan­ general salary increase in the Public ning scheme operates, by-laws and Service, there is a time lapse before regulations of councils and public regulations with like effect for the authorities inconsistent with the Board's staff can be made. To over­ scheme shall-unless the Governor come this time lapse, clause 4 in Council otherwise provides-be provides that salaries payable will be invalid to the extent of the incon­ at the direction of the Board with the sistency. Minister's approval. The only by-laws which it is now Clause 5 empowers any member considered need to be rendered in­ of the Board or of its staff or any operative when a planning scheme officer of any other authority prepar­ is approved are those made by coun­ ing or administering an interim de­ cils prescribing residential and busi­ velopment order or planning scheme ness areas and controlling land use to enter property for the carrying in them. A substitute sub-section out of his functions or duties, provides that by-laws of this kind and advance notice is required to will be deemed to have been revoked. be given in appropriate circum­ Where councils are agreeable to stances. At present, power of entry accept the responsibility of adminis­ and inspection may merely be tering the metropolitan scheme, the included in a planning scheme; there­ Board of Works is prepared to fore, there is right of inspection only delegate authority to them and this, where a scheme is in operation, but along with the new by-law making not where interim development order powers, should give those councils control is being exercised during the which are planning-conscious-for preparation of a scheme. 3032 Town and Oou'YIlIry Planning [ASSEMBLY.] (Amendment) Bill.

It has been held in the Supreme sible authority considers that the Court that there is no limitation on granting of an application may cause the matters that can be included in detriment to any person. Instead of a planning scheme. This is contrary the notice merely stating the purpose to what was the general belief, and and effect of the permit sought, it it is being made clear by clause 6 must give such particulars of the that only the matters covered by the application as the responsible autho­ Third Schedule may be included. rity specifies and state that the appli­ The section being repealed by clause cation may be inspected at the office 9 has never been used. Less cumber­ of the authority. some provisions have more recently been included in the Local Govern­ It is likely that a number of per­ ment Act whereby councils may mits issued to persons could be held facilitate the establishment of decen­ to be invalid due to notices of the tralised industry in their districts. respective applications not having adequately stated their " effect." Clause lOre-enacts provisions These will be validated except where, relating to interim development within twelve months of the com­ orders. The main change is a new mencement of the Bill, legal proceed­ provision requiring notice to be ings are initiated to have them decla­ published of the proposed amendment red invalid. of any interim development order which specifies the uses which may Clause 12 relates to appeals. Under or may not be permitted in respect existing law, where there are objec­ of any land so that objections may be tors and the responsible authority made by persons affected as in the determines to grant a permit, a notice case of planning schemes. Where of the determination must be sent to the amendment reserves land for a each objector who, in turn, may public purpose, notices must be sent appeal to the Minister against the also to all persons having a regis­ determination. It is considered that tered interest in the land. any person who, for some good reason, may not have been aware of Clause 11 re-enacts provisions re­ the application until after the respon­ lating to permits. It specifically pro­ sible authority had made its decision, vides that a permit may contain a should also be able to appeal to the condition that it will lapse where tribunal within the normal prescribed the use or development of land period of time. Clause 13 is a re­ authorized by it is not commenced draft of the clause whereby the within the period specified therein or holder of a permit is protected when any extension of that period that the the interim development order or responsible authority may approve. planning scheme under which it is It may also be stated as a condition granted is replaced by a subsequent that, after it is commenced, any order or scheme. development authorized by the permit must be continued to the satis­ Under section 24 of the Act, per­ faction of the responsible authority. mits may be revoked or modified with These provisions are aimed at specu­ the authority of the Minister. Clause lators who obtain permits without 14 authorizes the responsible autho­ any intention of taking reasonable rity to order the suspension of con­ struction works while the Minister's steps to give effect to them. Cases authority to revoke or modify the have been known where, to avoid the relevant permit is being sought. If lapse of a permit, some minor work, the Minister does not approve of the such as the placing of a few stumps revocation or modification, the autho­ in the ground, has been carried out. rity will be liable to pay compensa­ Another improved provision con­ tion to the appropriate persons for cerns the nature of the notice to be any loss or damage arising out of the given or published where the respon- suspension of the works. Provision Mr. Balfour. Town and Oounflry Planning [21 FEBRUARY, 1967.] (Amendment) Bill. 3033 is made in clause 15 for an amending the land not required for that purpose planning scheme to enlarge the to the owner of adjoining land to planning area of the principal scheme. enable such land to be used or In the interests of shires having developed more advantageously. several townships within them, the additional area need not be con­ Provision is made in clause 19 for tiguous with the original area. notation in the Titles Office of com­ pensation paid in respect of any land. At present, a Governor in Council The clause also makes it clear that amendment of a planning scheme no compensation shall be payable in may be made only on the application respect of any use or development of of a responsible authority. This land which has been commenced in limitation is being removed so that contravention of an interim develop­ any interested party may apply. ment order or planning scheme. A planning scheme may provide for Compensation for loss on sale of the closing of streets, but other law reserved land on which there are must be used to enable the appro­ substantial improvements will be priate disposal of the land involved. subject to the necessary request for Under sub-section (2) of section 528 the direction of the Minister that of the Local Government Act, a coun­ compensation be payable being made cil may request the Governor in within two years of the sale being Council to close a street and give effected. At present where compen­ appropriate directions as to the reten­ sation is payable in respect of tion or sale of the land by the council. reserved lands, the responsible Such a request may be made only authority is required to provide the after giving notice to persons having funds unless or until the authority an interest in the street. As planning for whom the land is reserved takes schemes must be exhibited and per­ over the land and recoups the council. sons affected have full opportunity to Where councils are the responsible object to any provisions they con­ authorities, they may find it difficult sider detrimental to them, it is not to meet compensation claims, as it is considered necessary for a council not always apparent when claims may to have to notify interested persons arise. It is therefore being provided preliminary to requesting the closing that the authority or Government of a street where the proposal has Department at whose request or with been included in a scheme. Clause whose consent land is reserved shall 16 makes an appropriate amendment. be responsible for meeting claims as Clause 17 is largely a re-enactment they arise. relating to lands acquired by a Clause 20 is a re-enactment enlarg­ responsible authority for public ing the responsible authorities' purposes or to facilitate their being powers in respect of. the removal of put to appropriate use. It further buildings erected in contravention of provides for the leasing of lands, interim development orders or subject to Governor in Council ap­ schemes or permits thereunder. proval, for building or improvement Clause 24 does two things. First, it leases or leases for more than seven brings up to date the Second years; also any sale to private persons Schedule to the principal Act, which other than by auction shall be sub­ defines the metropolitan planning ject to Ministerial approval and per­ area. Although the Melbourne sons from whom land has been Harbor Trust area has been regarded acquired shall be given priority of as being within the planning area, opportunity to buy in private sales. and is included in the Board of Clause 18 enables a responsible Works interim development order authority which has acquired lands and its scheme, it is by no means for a public purpose to sell, with certain that this is valid. This matter Ministerial approval, any portion of is being put beyond doubt. The Trust 3034 Land (Surf Life Saving [ASSEMBLY.] 4ssociation) . Bill. will not be restricted in the carrying has a solid background of twenty out of its essential functions any years' service to the swimming and more than are, for example, the Vic­ bathing community of Victoria. Its torian Railways Commissioners. aims and objects are, amongst other Secondly, the clause amends the things- Third Schedule, to bring up to date (a) To promote, advance and con­ the list of matters which it is con­ trol the work of surf life sidered need to be provided for in saving, the resuscitation of planning schemes. the apparently drowned, and Any clauses or portions of clauses the application of " first that I have not referred to cover aid" on surfing beaches; minor matters, which do not call for (b) To provide efficient life-saving specific mention. If there are any equipment of standard provisions of the Bill concerning design; which members of the House may (c) To foster, regulate, organize desire to be further informed, I am and manage examinations, sure officers of the Local Government competitions, and galas Department will oblige. This is an associated with surf life important Bill, which has a real bear­ saving; ing on the rapid development that is taking place and can be expected (d) To purchase or take on lease to continue to take place in many property deemed necessary parts of the State. The Government for the carrying out of its believes that the measure will be to aims and objects; and the advantage of all bodies concerned (e) To do all such acts and things with town planning as well as to the as are incidental or sub­ State generally. Accordingly, I com­ sidiary to all or any of the mend it to the House. above objects. On the motion of Mr. LOVEGROVE Over the years, Governments have (Fitzroy), the debate was adjourned. recognized the worth of the services It was ordered that the debate be of this voluntary organization by the adjourned until Tuesday, March 7. granting of substantial amounts towards administration, buildings and LAND (SURF LIFE SAVING equipment. Commencing in 1948, an ASSOCIATION) BILL. annual grant of $1,000 was made and, from time to time, this has been The Order of the Day for the increased to the current year's grant second reading of this Bill was read. of $16,000. Since 1948-49, an The SPEAKER (Sir William aggregate of $143,400 has been McDonald).-I have examined this appropriated from revenue in this Bill, and am of opinion that it is a way. In addition, over the past two private Bill. financial years and during this Mr. BALFOUR (Minister of Lands). financial year, a total of $40,000 has -I move- been provided from loan funds to subsidize buildings for various clubs That all the private Bill Standing Orders be dispensed with, and that this Bill be affiliated with the State Centre. treated as a public Bill. The Government regards these The motion was agreed to. grants as a worth-while contribution Mr. BALFOUR (Minister of Lands). to this voluntary organization which -I move- attends to the safety of the people That this Bill be now read a second time. who engage in swimming and bathing The Victorian State Centre of the on what are mostly ocean beaches. Surf Life Saving Association of Aus­ It is the boast of the Victorian State tralia, which is in course of incor­ Centre that no life has been lost in poration under the Companies Act, the surf in Victoria where its patrols Land (Surf Life Saving [21 FEBRUARY, 1967.] Association) BiU. 3035 have been on duty and this testifies proper management and control of to the vigilance and dedication of its the buildings and equipment, and for members. the necessary compliance with all The clubs operate mainly outside covenants and conditions of the the area of the Bay and many leases. organizations are located in only Clause 3 provides for the following small areas of settled population. At conditions in such leases:- present, there are 25 surf life saving 1. Restriction as to use for the clubs, affiliated with the Victorian purposes of surf club activities, State Centre, at Anglesea, Apollo including social activities, but Bay, Bancoora-between Torquay provision is made for use as resi­ and Barwon Heads-Barwon Heads, dential quarters for patrol mem­ Cape Patterson-near Wonthaggi­ bers of surf clubs affiliated with Fairhaven-near Aireys Inlet-Gun­ the Association. It should be namatta-Rye back beach-Jan Juc noted that association rules pro­ -near Torquay-Kennett River, vide for only male members. Lakes Entrance, Lorne, Ocean Grove, Point Leo, Point Lonsdale, Port 2. In anyone case the area shall Campbell, Port Fairy, Portland, Port­ not exceed one half acre. sea, Seaspray, Torquay, Venus Bay­ 3. The term shall not exceed near Inverloch-Waratah beach, twenty-one years, which is the Warrnambool, Woolamai beach and normal term for leases for amuse­ Wye River. ment and recreation, including football grounds, racecourses, There are approximately 3,000 bowling clubs and the like. members in the clubs, over half of whom are active surf life savers. 4. A nominal annual rental of Club buildings have been established $10 is payable to the Department, in most club-controlled areas on and this sum should cover depart­ ocean foreshores which have been mental administrative expenses. permanently reserved in the public 5. Payment to be made to the interest. The Land Act at present committee of management of the provides, inter alia, that no land so reserve within which the leased reserved may be sold or leased or land is situated, of such annual have a licence granted in respect amount on such terms and condi­ thereof. tions as the committee and the association agree upon, or in The Government is of opinion that default of agreement as the Min­ it is expedient to protect the interests ister determines. This provision is of the State in the grants so made. designed to meet some objections Moreover it considers that, in the which have been raised by certain interests of public safety, the Centre committees of management, that should be encouraged to preserve and their control of the reserves in maintain its property, A positive which leases might be granted method of achieving this is to accord would be weakened. a secure form of tenure to the Centre. The proposed legislation It is envisaged that the "terms and provides that all leases will be conditions" would include such granted to the Victorian State Centre, provisions as the observance of which will be held responsible to the certain regulations relating to the Department of Crown Lands and reserve in question, control as to Survey for compliance with all the access, and parking of cars and the covenants and conditions of the like. In the assessment of the annual leases. In turn, the Centre will enter amount payable, this could also take into individual agreements with into account fund-raising activities affiliated clubs so that it has proper of an individual surf life saving club legal control over the clubs for the and its effects on the fund-raising 3036 Police Offences (Obscene [ASSEMBLY.] Publications) Bill.

ability of the committee of manage­ achieve a measure of uniformity ment. It is envisaged that the area throughout the Commonwealth in of a lease will cover only the club regard to literature censorship. buildings. Clubs will not be per­ Largely due to Victoria's efforts, a mitted to fence in additional areas of plan for the uniform censorship of the foreshore reserve to the exclusion books of literary, artistic or scientific of the public. However, the terms merit was prepared by the various and conditions of a lease will provide State Governments and presented to that an individual club shall not be the Commonwealth on behalf of all denied the use of such part of the States. ocean foreshore reserve outside the leasehold area as may be deemed to Subsequently, the Commonwealth be essential to the operations of the examined the proposal and agreed, club's patrol members. in principle, to the establishment of a new board to be styled the Clause 4 provides the normal " National Literature Board of waiver of any liability by the Crown Review", which will replace the for payment of any money, consider­ existing Literature Censorship Board ation or compensation in respect of and Appeal Board. It is proposed anything arising out of the Act. The that the Commonw·ealth will estab­ Government is of opinion that this in lish the new board under the provi­ a worth-while piece of legislation, sions of the Customs (Literature and I submit it for the favorable Censorship) Regulations which will consideration of the House. be amended to abolish the existing On the motion of Mr. LOVEGROVE Commonwealth boards. Each State (Fitzroy), the debate was adjourned. has agreed to pass legislation to give immunity to members of the new It was ordered that the debate be board from civil action arising from adjourned until Tuesday, February any opinion expressed upon any book, 28. &c., submitted for the opinion of the board for the purposes of the Cus­ The sitting was suspended at toms Act or corresponding State Act. 6.24 p.m. until 8.4 p.m. This is provided for in clause 3 of the Bill. SOCIAL WELFARE (DETENTION) Details concerning the establish­ BILL. ment and operation of the new board This Bill was received from the will be the subject of an agreement Council and, on the motion of between the Commonwealth and the Mr. MANSON (Minister of State States. This agreement is now under Development), was read a first time. consideration, and it can be antici­ pated that it will be signed by the Ministers on behalf of their respec­ POLICE OFFENCES (OBSCENE tive Governments. I may add that PUBLICATIONS) BILL. it is proposed that the membership Mr. MANSON (Minister of State of the board shall consist of nine Development) .-1 move- members appointed by the Governor­ General on the recommendation of That this Bill be now read a second time. the Commonwealth Minister, six to The purpose of this Bill is to amend be nominated by the Commonwealth Part V. of the Police Offences Act Minister and three from a panel of 1958 to give effect to a resolution persons representative of the States, of the recent conference of Common­ to which panel each State Minister wealth and State Ministers in Can­ shall be entitled to nominate three berra on obscene publications. As persons. This should ensure that the honorable members are no doubt board is as broadly based as possible aware, it has been the desire of the in regard to qualifications and back­ Government for some time now to grounds of members. Police Regulation [21 FEI3RUARY, 1937.] (Pensions) Bill. 3037

The reference to the board will be on his salary at the date of retire­ confined to imported or locally pro­ ment, allied to his years of s.ervice. duced books in respect of which The widow's pension was a fixed literary, artistic or scientific merit, amount provided in the Police prima facie, exists. Clause 2 of the Regulation Act, varying according to Bill inserts in the principal Act the rank held by the deceased mem­ a new section 166A to provide ber, and it had no relation to the that no prosecution shall be taken pension of that member. The maxi­ against any person in respect of mum widow's pension under the any book, pamphlet, magazine or Police Regulation Act varied from periodical otherwise than by a mem­ $4. 80 per week to $8. 77 per week ber of the Police Force with the with an average of $7. written authority of the Chief Sec­ retary. The effect of this clause is The Superannuation Act 1963 gave to ensure that the Minister, having members of the Force the right to regard to the opinion of the board elect, within a period of three months on any book, &c., can refuse to from 1st February, 1964, to become authorize a pros·ecution. an officer within the meaning of the Superannuation Act 1958, and there­ In conclusion, I should like to point by to be entitled to receive a pension out that the concept of the new board as a contributor to the Superannua­ agreed to by the Commonwealth and tion Fund. The condition of the the States has involved all parties in transfer to the Superannuation Fund extensive and detailed negotiations, was that, for the same contribution and Victoria has played a most active that he was paying to the Police Pen­ part in the discussions which have sions Fund, each member electing to taken place. I am sure that the become an officer would be entitled to formation of the new Commonwealth receive units of pension to yield the board will prove to be a positive step same amount of total pension from towards obtaining uniformity in the the Superannuation Fund as he field of literature censorship, particu­ would have received from the Police larly where works of literary and Pensions Fund if his existing rank scientific merit are concerned. I and pay had remained static during commend the Bill to the House. the remainder of his service. Mem­ bers had the right to increase units On the motion of Mr. LOVEGROVE of pension if they obtained any future (Fitzroy), the debate was adjourned. salary rises. The widow of the mem­ It was ordered that the debate be ber transferring to the Superannua­ adjourned until Tuesday, March 7. tion Fund would also be entitled to receive a pension equal to five­ eighths of the contributor's pension. POLICE REGULATION (PENSIONS) Within the period of three months BILL. from 1st February, 1964, 3,874 mem­ Mr. MANSON (Minister of State bers of the Force elected to transfer Development) .-1 move- to the Superannuation Fund, and That this Bill be now read a second time. thereby their widows were entitled to receive a substantially increased Prior to the operation of the Super­ pension. annuation Act 1963, a member of the Police Force was required, by the Because of the claims by some Police Regulation Act 1958, to con­ members of the Force that within the tribute to the Police Pensions Fund, three-month period of election they and the member or his widow was had not fully informed themselves of entitled to receive a pension calcu­ the advantages to be obtained by lated in accordance with the provi­ them and their widows by transfer­ sions of that Act. The pension for ring to the Supe,rannuation Fund, the the member of the Force was based period of election was extended to Session 1967.-107 3038 Police Regulation [ASSEMBLY. ] (Pensions) Bill.

31st December, 1964, by the enact­ wife's entitlement to pension from ment of the Superannuation (Time the member's reduction of his for Election) Act 1964. pension. By 31st December, 1964, another If the Board approves of the mem­ 52 members of the Force had elected ber's proposal, it is required, by pro­ to become officers in accordance with posed sub-section (6), to notify the the Superannuation Act 1958. Those member in writing of its approval members of the Force who for per­ and the amount certified by the Gov­ sonal or economic reasons did not ernment Statist regarding the wife's elect to become contributors to the future entitlement and the proposed Superannuation Fund are now seek­ reduction in the pension of the ing increases in widows' pensions member. under the provisions of the Police Regulation Act 1958. If the member notifies the Board in writing prior to his retirement that A scheme has been developed he accepts the amount so certified, whereby a member of the Force at the amount payable to him on his re­ any time not more than six months tirement shall be reduced by the and not less than three months before amount proposed by him, and the attaining the age of retirement may amount of the pension to which the elect to reduce the amount of the wife would be entitled should he pre­ pension payable to him after his re­ decease her after his retirement shall tirement in consideration of an in­ be as certified by the Government crease being made in the pension Statist and accepted by the member. which would be payable to his wife, should he pre-decease her after his Clause 2 of the Bill enables the retirement. This scheme has been Police Superannuation Board to grant actuarially examined by the Govern­ a gratuity to a widow in lieu of the ment Statist and Actuary and is whole or any part of her pension. recommended by him. Pursuant to the provisions of para­ graph (c) of section 44, a wife may The details of the proposal are be granted, with the approval of the contained in clause 3 of the Bill, Governqr in Council, a gratuity in which inserts a new section 46A lieu of the whole of the pension to into the Police Regulation Act. which she is entitled provided that Proposed sub-section (2) of the the Police Superannuation Board is new section 46A limits the amount of satisfied there are special reasons for the widow's pension as a result of doing so. the member's election to not more than five-eighths of the member's Item 7 in the Fourth Schedule to pension payable at the date of his the Act limits the amount of the retirement. The new sub-section (4) gratuity which may be paid to the requires the Police Superannuation widow to not more than one-twelfth Board to have the member examined of her husband's annual pay for each by a legally qualified medical prac­ completed year of approved service, titioner and to forward the report of or where he had not completed one such examination, together with in­ year of approved service to one­ formation concerning the member twelfth of the whole of the pay re­ and his wife, to the Government ceived by him. Statist for consideration of the pro­ posal. Proposed new sub-section (5) In practice, the Police Superannua­ requires the Government Statist to tion Board refers such applications to consider the medical report and in­ the Government Statist, who cal­ forma tion and to advise the Board on culates the respective amounts of the the member's proposal, certifying as capital value· of the wife's pension to the amount of the increase which and the amount of gratuity to which would in his opinion result in the she would be entitled under item 7. Mr. Manson. The Constitution Act [21 FEBRUARY, 1967.] Amendment (Electoral) Bill. 3039

The Board then offers to pay the First, I shall deal with clause 2 of widow the lesser amount. It is be­ the Bill and the main reason for its lieved to be unnecessary to prescribe introduction at this time. Pursuant an arbitrary maximum as provided to sections 69, 79 and 107 of The in item 7, because to do so only re­ Constitution Act Amendment Act duces the already relatively low 1958, the subdivisions of an electoral amount which should be paid to a province must correspond with the widow. subdivisions of an electoral district. Accordingly, clause 2 substitutes a This restriction is, of course, a very new paragraph (c) in section 44 necessary one and ensures that the which provides that the Police same subdivisional rolls are used for Superannuation Board may, with the both Legislative Council and Legis­ widow's consent, grant her a gratuity lative Assembly purposes. Without in lieu of the whole or any part of her such a provision, the rolls system in pension. Under the present para­ this State would not be able to graph (c), the grant of a gratuity operate. . must be approved by the Governor in A difficulty arises, however, when Council, and the widow is entitled there is a redivision of the State into to be paid only either a pension or a provinces for the Legislative Council. gratuity. She cannot be paid a gratuity Following on the 1965 redivision, in lieu of part of her pension. This there are eighteen provinces in lieu change has been made because it has of the former seventeen. Eight of been found that it would often be de­ these provinces-the country ones­ sirable to commute only part of the are unaltered, but ten of them are pension rather than the whole pension completely new. in order to obtain the optimum result in a particular case having regard to The creation of the new provinces Commonwealth social service pay­ and districts under the Electoral ments. Provinces and Districts Act 1965 Clause 5 of the Bill amends item 7 necessitated the formation of new of the Fourth Schedule to the prin­ subdivisions. Victoria was redivided cipal Act by providing that the into 323 subdivisions instead of the gratuity will be of such amount as 297 hitherto in existence, and new the Police Superannuation Board de­ rolls were immediately printed on termines after taking into considera­ this basis. But here is the catch: tion the advice of the Government The nine " old" provinces eliminated Statist. I commend the Bill to the by the 1965 redivision are still House. each represented in the Legislative On the motion of Mr. WILKES Council by a member until 1970. (Northcote), the debate was ad­ But what if there is a by-election journed. for one of these "old" or replaced It was ordered that the debate be provinces during the next three adjourned until Tuesday, February years? Because of the operation. of 28. sections 69, 79 and 107, such a by­ election must be conducted on the THE CONSTITUTION ACT basis of the subdivisions of the rele­ AMENDMENT (ELECTORAL) BILL. vant electoral districts formerly in Mr. MANSON (Minister of State existence. Where there has been a Development) .-1 move- change in sub divisional boundaries, That this Bill be now read a second time. this means that the current electoral This Bill makes three amendments to rolls often cannot be used, and the Victorian electoral law. I shall deal administration, much to the con­ briefly with these matters in the order fusion and annoyance of public and in which they are mentioned in the candidates alike, has to revert to Bill. long-discarded boundaries and is 3040 The Constitution Act [ASSEMBLY.] Amendment (Electoral) Bill. faced with the costly business of should not take their seats until after bringing abandoned rolls up to date the expiration of the term of office and reprinting them. of their predecessors-that is, the nine retiring members of the "old" The forthcoming by-election for provinces. the Higinbotham Province, where special rolls were printed for certain While this is clear enough when old subdivisions, is a case in point. the situation is envisaged in its Members may recall a similar totality, it has been suggested that occurrence in September, 1957, when, there may be a chance of am­ on the death of the Honorable John biguity if the term "predecessor" Cain, rolls for the "old" sub­ is related to any of the ten divisions of the redistributed electoral new seats individually. To clarify district of Northcote had to be the matter and remove any pos­ printed in a hurry for the purposes sibility of misunderstanding, sec­ of a by-election. tions 34 and 71, which relate to computation of salaries and allow­ It is to enable these difficulties to ances and the commencement of the be overcome, or at least alleviated, period of membership of persons that clause 2 of the Bill has been elected to the Legislative Council, drafted. It will enable the Governor have been amended to reaffirm un­ in Council, for the purposes of a by­ mistakably Parliament's intention election replacing any of the mem­ that members elected at an advanced bers due to retire in 1970, to election can take their seats and be redivide the province concerned into paid only from the day following the subdivisions, corresponding as nearly termination of the retiring members' as possible to those on which the period of office. current electoral rolls are based, so that such rolls can be used at the The last clause of the Bill-clause said by-election. The external 4-contains proposed amendments to boundaries of the province will not, section 263 of The Constitution Act of course, be departed from. The Amendment Act 1958. This section advantages of such action need no states- elaboration, and, on the grounds of Any person who is responsible for an common sense, and of public interest illegal practice referred to in section 261A of this Act or who makes or publishes any and convenience, the proposed false statement of fact referred to in section amendment merits the support of all 262 of this Act may be restrained by interim members. or perpetual injunction by a Judge of the Supreme Court from any repetition of such Clause 3 of the Bill contains illegal practice or false statement, or any amendments to sections 34 and 71 of illegal practice or false statement of a The Constitution Act Amendment similar character and for the purposes of granting an interim injunction prima facie Act 1958. As honorable members are proof of the illegal practice or of the falsity aware, the principal Act-that is The of the statement shall be sufficient. Constitution Act Amendment' Act 1958-was amended to permit the For some time now, it has become periodical election for the Legislative evident that this section has certain deficiencies in so far as the Council normally due on or about supplying of relief to the victims of 15th July, 1967, to be held con­ illegal practices or false statements jointly with a general election for is concerned. During the recent the Legislative Assembly up to three Federal election, certain plaintiffs, months before the said 15th July. At under the terms of a Commonwealth the same time, it was provided that electoral enactment, substantially the the members for the ten new pro­ same as Victorian legislation on the vinces created by the recent re­ subject, applied to the Supreme division, if elected at an election Court for an interlocutory injunction held prior to the 15th July, 1967, to restrain certain other persons from Mr. Manson. The Oonstitution Act [21 FEBRUARY, 1967.] Amendment (Electoral) Bill 3041 distributing a card representing a false statement of fact referred to in ballot-paper containing directions Section 262 of this Act may be restrained on the application of or by an elector with allegedly intended or likely to mislead the consent of the Attorney-General by voters into thinking they were voting interim or perpetual injunction by a Judge for party " A," whereas the cards in­ of the Supreme Court from the commission vited them to vote for members of of or any repetition of such illegal practice or false statement or any illegal prac­ party " B ". tice or false statement of a similar character I have deliberately referred to the and for the purpose of granting an interim injunction prima facie proof of the illegal contending parties in these terms, practice or of the falsity of the statement because I am not here concerned shall be sufficient. with the rights and wrongs of the matter. What does concern me at The wisdom of the proposed the moment-and what I feel will amendments, I submit, will be ap­ concern all members irrespective of preciated by all those who are pre­ their party affiliations-is the judg­ pared to examine them calmly and ment given in the case. Briefly dispassionately. No one surely can stated, this was to the effect that raise objection to the suggestion that the Commonwealth Electoral Act in electors should be allowed to take prohibiting the distribution, among action under the section, particularly other things, of misleading "How in view of the fact that the necessity to vote" cards, imposes duties of a for any such person seeking redress kind enforceable only at the hands of to obtain the consent or fiat of the the State-that is, the Government­ Attorney-General should prevent the and does not create duties owing possibility of frivilous or unreason­ or enforceable at the instance of able application being made. particular members of the public Here I should like to anticipate a to individual members of the public, question which I have no doubt is even though those particular mem­ in the minds of certain honorable bers of the public may show that members. Why, they probably want they may be peculiarly injured by to ask, should action in a matter an infringement of the provisions which has undeniable political over­ which are there laid down. The ap­ tones first have to be approved by plication was refused because of lack a Minister who is himself a member of a "legal interest" by the plain­ of a political party and, in theory tiffs without the question of the anyway, could be influenced thereby legality or illegality of the disputed in his assessment of the desirability " How to vote" card ever being con­ or otherwise of a particular elector sidered. being allowed to initiate action? The While it could well be unwise, answer to this question is that the because of the possibility of baseless, requirement to obtain the fiat of the frivilous, mischievous or vindictive Attorney-General in certain proceed­ charges, to give unrestricted right ings has long been a practice in the to any elector to seek an injunction law both of this State and of England under the section, the Government and one that has invariably been ad­ feels that to deny all possibility ministered impartially and objec­ of action to an aggrieved member tively. of the public, as the present section apparently does, creates a state of In a case, The Attorney-General affairs which in the interests of ordi­ & Lumley v. T. S. Gill & Son Pty.· nary human justice and fair play Ltd., in 1926, the then Acting Judge, cannot be allowed to continue. The the Hon. Owen Dixon, commented intention therefore is to amend the on the responsibilities of the relevant section of the corresponding Attorney-General in relation to the Victorian Act to read as follows:- issue of his fiat as follows:- Any person who is responsible for an Now the action by the Attorney-General illegal practice referred to in Section 261A at the relation of a private person is founded of this Act or who makes or publishes any upon this view-that the acts complained of 3042 Melbourne University [ASSEMBLY.] (Amendment) Bill. are not a violation Of a private right of a appointment of a Deputy Vice-chan­ person desiring to litigate, but are a violation cellor and a Vice-principal; changing of some public duty which the Crown is entitled to complain of, and a relator comes the title of Vice-chancellor to Vice­ forward and applies to the Attorney-General chancellor and Principal; enabling the in his quasi-judicial capacity, for a fiat per­ council to delegate authority to com­ mitting the relator to sue out a writ in the mittees appointed by the council; Attorney-General's name. The function of the Attorney-General is to consider allowing free places to be granted whether, in all the circumstances, the re­ to persons undertaking the course lator shows a peculiar grievance or injury for articled clerks; and enabling to him by reason of the violation of a public loans to be granted to students be­ right, or whether in some other respect he is particularly interested in that supposed tween the ages of 18 years and 21 violation of public right. In that case it is years. the duty of the Attorney-General, although a duty of imperfect obligation, assuming At present, members of the teach­ that he is satisfied that there is a probable ing staff of the university who do violation of public duty, to issue his fiat not hold a degree from Melbourne enabling the relator to seek in the courts university are not members of the the appropriate remedy in the name of the Attorney-General. university, nor do they have any vot­ ing rights. The proposed amendment That quotation appears in Victorian which sets out specifically who shall Law Reports, 1926, at page 416. be members of the university, in a The House is assured that the similar manner to that applying to responsibilities of the Attorney­ Monash University, overcomes this General in this matter as outlined situation. by the learned Judge will be dealt A Deputy Vice-chancellor, whose with completely objectively on the duties include staffing, promotions basis of an assessment made by im­ and appointments, and a Vice-princi­ partial and competent advisers. 1 pal, who is responsible for matters may mention that several other relating to business administration statutes have a similar requirement such as buildings, finance and budget­ and though, at times, decisions have ing, have already been appointed. been required to be made in cases These two appointments have re­ with possible political implications lieved the Vice-chancellor of a sub­ by Attorneys-General belonging to stantial amount of detailed admin­ different political parties, not once istrative work and are facilitating the to my knowledge has anything but administration of the university. the strictest regard for impartiality With the appointment of a Vice­ been displayed. 1 commend the Bill principal, it is considered that the to the House. title of Vice-chancellor should now On the motion of Mr. LOVEGROVE become Vice-chancellor and Principal. (Fitzroy), the debate was adjourned. It has been the practice of the It was ordered that the debate be council to appoint committees and adjourned until Tuesday, February 28. delegate certain of its powers, authorities, duties and functions to such committees and to individual MELBOURNE UNIVERSITY members of the council and the uni­ (AMENDMENT) BILL. versity staff, and it is felt that it would be desirable to make these Mr. BLOOMFIELD (Minister of powers explicit. Although it is con­ Education) .-1 move- sidered that the council has acted That this Bill be now read a second time. within its powers in the past, the This is a short Bill, introduced at proposed legislation should remove the request of the Council of the any possible doubt in this regard. University of Melbourne, for the pur­ At present, free places at the Mel­ pose of altering the membership bourne university may only be of the university; providing for the granted to students undertaking a Educatien ana Teaching [21 FEBRUARY, 1967.] Service (Amendment) Bill. 3043

course for a degree, diploma, or The Education Department has licence, and, although persons under­ sometimes experienced difficulty in taking the course for articled clerks transferring some pupils from exist­ are required to attend lectures and ing schools when a new school is sit for university examinations, they established in a district. Under the are not eligible to obtain a free present wording of the Act, it can be place. Substantially, so far as law argued that while the Department subjects are concerned, they follow can refuse to allow a pupil to be the course for the LL.B degree. It admitted to a particular school, it is considered that such persons cannot refuse to allow a pupil who is should be able to obtain free places, already enrolled to remain at that and this is the purpose of clause 5. school. The proposed amendment There is some doubt as to the will clarify the situation in accord:­ power of a student, who is an infant, ance with the practice which has to make a binding contract for a been found necessary for many loan under the Act. It is desired to years, the allotment of schools to place the matter of liability beyond residential areas, or "zoning" as it doubt, and the amendment proposed is usually known, in the interests of in clause 6 is intended to do this. pupils generally. It is provided that this power is to be exercised only As I mentioned earlier, this is a on the certificate of the Director that short Bill, introduced at the request it is necessary in a general public of the Melbourne university. In cer­ interest to do so with regard to a tain respects it brings the Act into particular school. line with those more recently drafted in greater detail for Monash and La In New South Wales, Queensland, Trobe universities. I commend it to South Australia and Western Aus­ the House. tralia, the officers performing the functions which correspond to those On the motion of Mr. LOVEGROVE performed by the Director and the (Fitzroy), the debate was adjourned. Chief Inspectors of Primary Secondary and Technical Schools in It was ordered that the debate be Victoria are known as the Direct6r­ adjourned until Tuesday, February 28. General, and the Directors of Primary, Secondary and Technical EDUCATION AND TEACHING Education, respectively. As a result, SERVICE (AMENDMENT) BILL. it is considered that the Education Department in Victoria is at a dis­ Mr. BLOOMFIELD (Minister of advantage when Its officers make Education).-I move- contact with educational authorities That this Bill be now read a second time. in other countries, and it is felt that This small measure is introduced to the nomenclature should be uniform provide for the zoning of areas for in all States. Moreover, with the State schools, to change the title of growth of education in this State, the Director of Education to Director­ the proposed titles give a more General of Education, and those of accurate description of the nature of Chief Inspectors of Primary, the duties of these officers. Conse­ Secondary and Technical Schools to quential amendments to several Directors of Primary, Secondary and other Acts of Parliament as set out Technical Education, respectively. It in the Bill are also required to imple­ also provides for representatives of ment this change. Monash and La Trobe universities At present, there are three repre­ and the Victoria Institute of Colleges sentatives from the Melbourne to be members of the Council of university on the Council of Public Public Education and the Council of Education. It is felt that the three Adult Education. universities and the Victoria Institute 3044 Revocation and Excision of [ASSEMBLY.] Crown Reservations Bill (No.2). of Colleges should be represented on those for which they were per­ this council. It is proposed to reduce manently reserved under the pro­ the number of representatives from visions of the Land Act. Five reser­ Melbourne university to one and to vations are referred to in the present provide for one representative each Bill and, for the information of from Monash and La Trobe univer­ honorable members, I shall proceed sities and from the Victoria Institute to give background details of each of Colleges. of the reserves in the order set out in the First and Second Schedules. It is also very desirable that the The First Schedule covers two reser­ Vice-chancellor of La Trobe Univer­ vations which are proposed to be sity and the Vice-president of the revoked in full. They comprise the Victoria Institute of Colleges should following :- be ex officio members of the Council of Adult Education as are the Vice­ ITEM I.-PARISH OF DEREEL-SITE chancellors of Melbourne university FOR A MECHANICS' INSTITUTE AND FREE and Monash University. The pro­ LIBRARY. This reservation is situated posed legislation will make such pro­ in a locality known as Illabarook in vision. Both of these organizations the Shire of Grenville. It contains support these proposals. an area of one acre which, after being temporarily reserved in 1885, At the same time, we are taking was permanently reserved on the the opportunity to substitute the 19th February, 1889, as a site for a words cc Library Council of Victoria " mechanics' institute and free library. for " Free Library Service Board " in Trustees were first appointed for the so far as it relates to this repre­ land on the 2nd April, 1889, and sentative on the Council of Adult from time to time others have been Education. I commend this short Bill appointed, but it has been ascer­ to the House. tained that the last recorded trustees On the motion of Mr. SUTTON are all deceased. The buildings on (Albert Park), the debate was this reservation were destroyed by adjourned. fire in 1946, and there are now no permanent improvements on the site. It was ordered that the debate be A new public hall has been built in adjourned until Tuesday, February another location. 28. Subject to the reservations being LEGAL AID (AMENDMENT) BILL. revoked, it is proposed to sell the area of one acre under the pro­ This Bill was received from the visions of the Land Act. Shire Council and, on the motion of Mr. council, Mines Department and RYLAH (Attorney-General), was read Lands Department reports are a first time. favourable to the proposed revocation of the reservation and subsequent sale, as the land is no longer required REVOCATION AND EXCISION OF CROWN RESERVATIONS BILL for the purpose for which it was (No.2). originally reserved. Mr. BALFOUR (Minister of ITEM 2.-ToWNSHIP OF CAMPER­ Lands).-I move- DOWN-SITE FOR A MECHANICS' INSTI­ TUTE AND FREE LIBRARY. This reserve, That this Bill be now read a second time. consisting of an area of one rood, This Bill is similar in nature to other was temporarily reserved as a site measures which have been periodic­ for a mechanics' institute and free ally submitted to Parliament in the library in 1888, and subsequently past to seek legislative approval for permanently reserved on the 21st specified reserves to be dealt with May, 1889, following representations for purposes which differ from by the local committee which had Revocation and Excision of Crown [21 FEBRUARY, 1967.] Reservat1:ons Bill (No.2). 3045 undertaken to spend a considerable possible if a fresh reservation were amount of money on permanent made and the council was appointed improvements. The land is known as a committee of management under as allotment 3, section 18, township the Land Act. The proposed lease of Camperdown, and it has a front­ term is 21 years, with a yearly rental age of 100 links to Manifold-street, of $10, which is the statutory with a depth of 250 links. minimum under the Land Act. Substantial improvements, includ­ The Second Schedule refers to ing shops along the Manifold-street three reservations, itemized in Part frontage, have been erected on the 1. of that schedule, which are pro­ site, and the Camperdown Town posed to be revoked as to the Council has approached the Lands portions respectively shown in Parts Department with a view to obtain­ II., III. and IV. of the schedule. ing occupation of the area so that the council may implement plans for ITEM l.-PARIS.H OF CUT-PAW-PAW the development and improvement (WILLIAMSTOWN) -SITE FOR A PUBLIC of the reserved area, and also the PARK. An application, supported by adjoining freehold land which is the Williamstown City Council, owned by the trustees of the through the honorable member for mechanics' institute. The council's Williamstown, has been made by the planned development includes the Williamstown Elderly Citizens' erection of additional buildings for Village Society to obtain an area various recreational purposes, youth of 5 acres 1 rood 38 perches as centre, supper room and other a site on which to establish an amenities. elderly citizens' village in that municipality. The land desired The trustees have agreed to the fronts Park-crescent, Williamstown, site being taken over by the munici­ and comprises two portions: first, pality, and have undertaken to assign 3 roods 38 perches, formerly granted the institute's adjoining freehold land to the Housing Commission but now and buildings, cash and other assets surrendered to the Crown, and to the council in trust for the pro­ secondly, 4 acres 2 roods, being part ject. In return, the council will effect of the public park reserve. This the proposed alterations and reservation of 8 acres 1 rood 33-2/10 additions to the premises and assume perches, which is the remaining sec­ responsibility for the institute's tion of a larger area set apart for park liabilities. The council has been keen purposes in 1860, was permanently to implement this project for some reserved as a site for a public park time, as it will serve the best on the 6th November, 1963. interests of the local people and pro­ vide improved community facilities. It is understood that the elderly citizens' village will ultimately house The proposal therefore is to 60 people. Planning is for the village revoke the permanent reservation to be established in five stages, each made in 1889, after which the Lands stage to provide units to house twelve Department will issue a lease under persons. The buildings will be erected section 134 of the Land Act 1958 to to conform with the requirements of the council for the purpose of the Hospitals and Charities Commis­ amusement and recreation. The issue sion and the Commonwealth Social of a lease is favoured departmentally Services Act. The society, which is in this case, as it would give power registered with the Hospitals and to sublet to tenants of the new Charities Commission, was sponsored structures and the council could in its initial stages by the Lions Club appoint its own committee to manage of Williamstown. The municipal the property under section 241A of council and the Hospitals and the Local Government Act. Those Charities Commission have approved dealings would not be legally of the project, and the Melbourne and 3046 Revocation and Excision of [ASSEMBLY.] Grown Reservations Bill (No.2).

Metropolitan Board of Works offers alignment, will necessitate the ex­ no objection to the area being re­ cision of a small area of 14 perches zoned by the Board for inclusion in from the' permanent reserve to pro­ "residential C" zone. The Lands vide sufficient land for the rounding. Department is favorable to the pro­ The project has been examined by posal, and the site has been surveyed the Lands Department and is recom­ at a cost of $80.00, which was paid mended, as it will improve the traffic by the Williamstown City Council. flow at this intersection. It is there­ It is therefore proposed to excise fore proposed to excise the area of the area of 4 acres 2 roods so that 14 perches from the permanent re­ this portion of the reserve, together serve so that the land may be pro­ with the adjoining area of 3 roods 38 claimed as a road pursuant to section perches surrendered to the Crown by 25 of the Land Act 1958. the Housing Commission, may be ITEM 3.-TOWNSHIP OF BULLARTO reserved under the Land Act as a SOUTH AND PARISH OF BULLARTO­ site on which to establish an elderly SITE FOR WATER SUPPLY PURPOSES. citizens' village. This reserve consists of an area of ITEM 2.-PARISH OF DOUTTA GALLA 1012 acres 2 roods 24 perches. It (FLEMINGTON) -SITE FOR PUBLIC was permanently reserved as a site RECREATION. This reserve, compris­ for water supply purposes on the 9th ing 3 acres and 32 perches, is situated January, 1893, and placed under the at the corner of Epsom-road and control and management of the Smithfield-road adjoining the Flem­ Borough of Daylesford Waterworks ington racecourse. Prior to 1958, the Trust on the 30th January, 1894. area was included in a lease held by Three small portions of the reserve­ the Victoria Racing Club, but when comprising in all a total area of 2 the main racecourse area was marked acres 3 roods 31 perches-have been on the ground, this land was excluded utilized by the Country Roads Board from the lease area, as it was in conn exion with deviation works obviously under the physical control of the Melbourne City Council. on the Daylesford-Trentham road. Subsequently, with the concurrence The Daylesford Waterworks Trust, of the council, the area of 3 acres and the Lands Department and the State 32 perches was temporarily reserved Rivers and Water Supply Commission under the Land Act as a site for public are agreeable to the excision of the recreation and placed under the con­ three small areas. Subject to the trol of the council as committee of required excision from the permanent management. On the 14th January, reserve being approved by Parlia­ 1964, the area was permanently ment, it is proposed that the land will reserved by the Governor in Council, be made available to the Board for for the same purpose. The Melbourne road purposes. I commend the Bill City Council has received a number of requests for the rounding of the for the favourable consideration of corners at the intersection of Smith­ the House, and I shall be pleased to field-road and Epsom-road in order arrange for honorable members to be to facilitate turning by heavy trans­ supplied with any additional informa­ port vehicles. The council has ad­ tion which may be desired in regard vised that, with the concurrence of to any particular item. the Country Roads Board, it has approved of the rounding of the On the motion of Mr. FLOYD north-west corner of the intersection (Williamstown) , the debate was to give a turning width of 18 feet. adjourned. This scheme, which includes the It was ordered that the debate be widening of Smithfield-road by about adjourned until Tuesday, February 7 feet along part of its western 28. Mr. Balfour. Tullamarine Freeway [21 FEBRUARY, 1967.] Lands Bill. 3047'

TULLAMARINE FREEWAY LANDS within the scope of section 3 of the BILL. Cultural and Recreational Lands Act Mr. BALFOUR (Minister of 1963, No. 7101. Lands) .-1 move- .The present Bill deals principally That this Bill be now read a second time. wIth the lands comprised in the second and fourth classes, namely The construction of the Tullamarine Crown lands reserved under the Land Freeway is an undertaking which is Act and those freehold lands which to be implemented by the Melbourne may be considered to be covered by and Metropolitan Board of Works and the provisions of the Cultural and the Country Roads Board. The Recreational Lands Act of 1963. The southern .section of the freeway, the r~serve~ Crown la!lds, of which por­ constructIOn of which will be the tIOns wIll be requIred to be used in responsibility of the Melbourne and connexion with the proposed high­ Metropolitan Board of Works will way construction and allied works cover a ~istance of about 3! ~iles, comprise the following: - ' commencmg at Mount Alexander­ road, near Flemington bridge railway (a) An area of just over 60 acres station in the City of Melbourne and in the City of Melbourne, proceeding generally northerly Parish of Jika Jika, tempor­ through sections of the cities of arily reserved as a site for a Essendon and Brunswick to a point hospital for acute mental north of Greenbank-crescent in the diseases; City of Coburg. (b) three areas in the City of Brunswick containing re­ This Bill relates to this part of the spectively I! acres, 3! acres proposed freeway. Reference to and 7! acres temporarily page 3598 of the Government Gazette reserved as sites for public of 12th October, 1966, will show that purposes; on the 4th October, 1966 the Gov: ernor in Council approved ~f a recom­ (c) an area of about 8f acres in mendation made by the Melbourne the Parish of Doutta Galla and Metropolitan Board of Works in permanently reserved as a accordance with the provisions' of site for a public park and playground, and known as section 206 of the Melbourne and the Cross Keys Reserve. Metropolitan Board of Works Act 1958, that a new metropolitan main In regard to the reserve for a highway be made between Fleming­ hospital for acute mental diseases it ton-road and Mount Alexander-road has been estimated that about 5 ac~es in the City of Melbourne and a point of ~his land will be required, and adVIce has been received from the about 300 feet north of Greenbank­ Mental Health Authority that arrange­ crescent in the City of Coburg, at an ments have been made with the estimated cost of $17,000,000 for the Board of Works for a compensating taking or purchasing of the land and area to be transferred to the Crown the making of the highway. for reservation as an addition to the The lands required in connexion hospital reserve. Under the Board's general planning scheme for the with the highway construction works metropolis, an area was ear-marked can be divided broadly into four for .that purpose some years ago. sections comprising, first, unreserved ~ectIO~s of the temporary reserva­ Crown lands; secondly, Crown lands tIOns In the City of Brunswick will reserved for various purposes under be required by the Board either for the provisions of the Land Act; the highway route or for diversions thirdly, freehold lands in private of Moonee Ponds creek which will ownership; and, fourthly, freehold need to be made in connexion with lands which may be deemed to come the construction of the highway. 3048 Tullamarine Freeway [ASSEMBLY. ] Lands Bill. These reserves are composed new road in another location through practically wholly of frontages to the the reserve, but the order for the Moonee Ponds creek or backwaters permanent reservation was based. on thereof, which were temporarily re­ the original temporary reservatIOn served under the Land Act after the details. adjacent lands had been subdivided The original road area has been for sale as sites for workmen's filled, grassed and laid out as part of homes. One temporary reservation the recreation area and, as further for public purposes by Order in reconstruction works on the new Council of 19th November, 1918, re­ road will be required to be carried fers to an area of acres situ~ted I! out by the Board in connexion w~th adjacent to Moonee Ponds creek on its highway planning, th~ opportun~ty the north side of Dawson-street, is being taken in the BIll to rectify Brunswick. This reserve will be the position, so that the ol~ road affected by creek diversion works. extension will be included In the The other temporary reservation reserve to replace the area occupied for public purposes by order of the by the' new road route, whic~ will same date relates to an area of 3! be excised from the reservatIOn. acres situ~ted adjacent to a section The only other proposed excision of Moonee Ponds creek located be­ from this reserve is a small area of tween Hope-street and Albion-street. under one-quarter acre in a narrow, Parts of this reservation will be re­ undeveloped section in the north­ quired for both hi~hwa~ construc­ eastern corner adjacent to the creek, tion and creek dIverSIOn works. which will be required as part of the There is also a dual requirement for route of the highway. Allowing for a parts of the area of 71. acres width of 1 chain for the new location temporarily reserved for pubbc pur­ of Reynard-street extension through poses by Order in Council of 6th the reserve, the area required for April 1903 as it will be necessary that purpose w:ould be about three­ to us~ part~ of the reserve for ~igh­ quarter acre and, as the area of the way construction and street dIver­ section of the original extension now sion works. It is situated adjacent to proposed to be included in ~he r~serve Moonee Ponds creek, in the vicinity is more than I! acres, It WIll be of Hopetoun-avenue, between Albion­ realized that, as a result of the street and Moreland-road in the City proposed adjustments, the area of of Brunswick. the park will increase by more than . The only other Crown reservation one-half acre. affected by the Board's highway So far as the temporary reserves construction proposals is the Cross for public purposes are concerne~, Keys Reserve, which is located on it is difficult at this stage to POSI­ the west side of Moonee Ponds creek, tively estimate the areas which will and has a frontage to the south side be affected by the Board's freeway of Woodland-street in the City of proposals. The Bill therefore pro­ Essendon. After being temporarily poses that the Board be authorized reserved for many years, this area to enter upon and use the portions of about 81 acres was permanently of the reserves necessary for the reserved by Order in Council of purpose of the highway construction 8th September, 1964, as a site and allied works, and that the re­ for a public park and playground. quired excisions will be made after It includes two sections which were the works have been completed, with originally divided by a Government the areas to be defined on a plan or road forming an extension of Rey­ plans of survey signed by the Sur­ nard-street in the City of Coburg. veyor-General and submitted to the The old Government road extension Governor in Council on the recom­ was replaced in recent years by a mendation of the Minister of Lands. Mr. Balfour. Tullamarine Freeway [21 FEBRUARY, 1967.] Lands Bill. 3049

As part of the highway construc­ don, and Holbrook and Denzil Don tion project, the course of the Reserves in the City 'of Brunswick, Moonee Ponds creek, which is vested and the Board proposes, as part of in the Board, will be diverted in the project, to replace the required several places, and provision has sections of these improved areas by been made in the Bill that the new the development of other lands. sections of the creek's course will be vested in the Board and become In regard to Morris Reserve, which part of the creek for the purposes is in the City of Coburg, no suitable of the Melbourne and Metropolitan alternative area in the immediate Board of Works Act. The proposed vicinity has been located, but the route of the highway will traverse Board is prepared, in consultation some areas deemed to come within with the council, to provide a suit­ the scope of the provisions of sec­ able replacement. It is also intended, tion 3 of the Cultural and Recre­ after consultation with the respec­ ational Lands Act 1963, No. 7101, and tive councils, to provide additional it was considered necessary to in­ areas for open space purposes, to clude in the Bill a provision author­ replace other unimproved lands izing the Board of Works to acquire affected by the project. compulsorily any such lands required The Board has assumed responsi­ for the purposes of the highway con­ bility for survey of the whole of struction, in the event of agreement its project, but the sections of the not being reached between the Board Crown reserves, or the recreational and the owners of the land. The areas referred to in the schedules to lands in respect of which this provi­ the Bill, which will ultimately be sion is made are itemized in the required, cannot be defined speci­ First and Second Schedules of the fically until after completion of the Bill. Board's works. Apart from item 6 of the First Clause 1 of the Bill cites the short Schedule, which is owned by the title and defines "the Board" as Housing Commission, item 5 of the meaning the Melbourne and Metro­ First Schedule and items 9, 10 and politan Board of Works for the pur­ 11 of the Second Schedule, which poses of the Bill. Clause 2 pro­ are owned by the Moonee Valley vides authority for the Board to Racing Club, all the lands listed in enter upon and use portions of lands the schedule are owned by the reserved under the Land Act, which municipal councils of Essendon, will be required in connexion with Brunswick or Coburg. the construction of the metropoli­ The Board has advised that the tan main highway and reconstruc­ Essendon City Council has indi­ tion of the road traversing the cated its agreement to the proposals, Cross Keys Reserve at Essendon. but, as no specific agreement has Provision is made in clause 3 that, been reached or is likely to be on completion of the Board's works reached in the immediate future on and subsequent survey, the Minister the question of compensation, if any may recommend to the Governor in is to be paid for the areas, it was Council that the necessary sections deemed expedient to include lands of the reserves be made available for such as these within the provisions the Board's purposes. of the Bill. Clause 4 provides for partial Information supplied by the Board revocation of the temporary reserva­ shows that some of the areas affected tion as a site for a hospital for acute by the freeway route are at present mental diseases, three temporary improved as parkland and recreation reservations for public purposes and sites. They comprise principally one permanent reserve for public Ormond Reserve in the City of Essen- park and playground. Provision is 3050 Tullamarine Freeway LASSEMBLY.] Lands Bill. made in clause 5 for the parts of the I suggest that the debate be adjourned original extension of Reynard-street, until after the elections. adjacent to the permanent reserve and not required for road purposes, The motion for the adjournment of to be closed and added to the per­ the debate was agreed to. manent reserve for public park and Mr. BALFOUR (Minister of playground in the Parish of Doutta Lands) .-1 move- Galla. That the debate be adjourned until Clause 6 provides that no liability Tuesday next. shall attach to the Crown. Clause 7 Mr. TURNBULL (Brunswick vests the new section of Moonee West) .-1 oppose the adjournment Ponds creek in the Board for the of the debate for one week. An purposes of the Melbourne and examination of the schedules to the Metropolitan Board of Works Act. Bill indicates the complexity of the Clause 8 authorizes the Board, where measure and the work necessary to necessary, compulsorily to acquire enable one to understand it com­ lands required for the highway con­ pletely. I propose that the debate be struction which may be deemed to adjourned for three weeks. I jokingly come within the scope of the pro­ suggested that consideration of the visions of section 3 of the Cultural Bill be postponed for a longer period and Recreational Lands Act 1963. because many undertakings were These lands are indicated in the two given that this locality would be schedules to the Bill, the areas re­ visited by the Minister and that he ferred to in the First Schedule being would explain the position in situ. all the lands in the certificates of title quoted therein. The Second Schedule There is discontent among local indicates areas which the Board is residents about this route, and there required to obtain by acquisition and will need to be consultations with which form parts of the certificates officers of the Melbourne and Metro­ of title set out in that schedule. politan Board of Works, the City of Brunswick and the City of Coburg. I The freeway construction is a believe it is unreasonable to suggest major undertaking, deemed to be that the debate be adjourned for only essential in the development of one week. I am not a surveyor; I am the metropolis, and the general a lawyer. For the purpose of this route along the Moonee Ponds creek, Bill, I am a layman, and when lawyers as now revised and modified, is con­ become laymen they usually find it a sidered to be the most suitable as little harder to understand these pro­ meeting as far as possible various posals than ordinary citizens. Within objections and suggestions which my electorate there are 130 properties have been made. that will be affected by this freeway; I commend the Bill to the House. therefore, I move- I am prepared to make as much in­ That the words " Tuesday next" be formation available to honorable omitted with the view of inserting the members as they wish. If an exam­ expression "Tuesday, 14th March next." ination of the plans of the proposed Mr. BALFOUR (Minister of route is required, they can contact Lands) .-In my second-reading the officers of the Lands Department speech, I stated that this Bill re­ or the Board of Works and facilities ferred only to Crown lands and had and the information desired will be nothing to do with any homes that made available to them. may be affected by the proposed Mr. TURNBULL (Brunswick route of the Tullamarine Freeway. West) .-1 move- Mr. TURNBULL.-Do not be so That the debate be now adjourned. naive. Supreme and Oounty [21 FEBRUARY, 1967.] Oourts (Sittings) Bill. 3051

Mr. BALFOUR.-Last week I in­ Second Schedule to the Act. Ararat troduced a similar Bill concerning is not one of the places mentioned Crown lands involved in the South­ in the schedule. Under section 51, Eastern Freeway, and members of the the Governor in Council may by Opposition were agreeable to the order direct that the court be held at adjournment of the debate for only any place mentioned in the order, and one· week. When an adjournment for this power apparently extends to one week is agreed to, I always give places not mentioned in the Second to honorable members the courtesy Schedule. However, no power is of an extension of time, if necessary. expressly conferred to appoint days I suggest that honorable members for the holding of the court at a place consider agreeing to an adjournment not mentioned in the schedule. of the debate for two weeks, which No doubt, such a power must exist, I consider is a more appropriate time. but it is not clear in whom it resides, The amendment was negatived. and in particular it is not clear that it resides in the Governor in Council. The motion was agreed to, and it The direction of the Governor in was ordered that the debate be Council to which I have referred is adjourned until Tuesday, February therefore of doubtful validity so far 28. as it purports to appoint days for the holding of the court at Ararat. SUPREME AND COUNTY COURTS There is a further difficulty. The (SITTINGS) BILL. last sentence of section .50 of the Act Mr. WILCOX (Minister of Labour provides that sittings for the hearing and Industry) .-1 move- of criminal trials are to be held at such times and places as are now or That this Bill be now read a second time. hereafter fixed by law. It is very Because the old court-house at difficult to say what the effect of this Horsham is being demolished to make provision is or where the law by way for a new and up-to-date court­ which places and days for the hearing house, it has become necessary to of criminal trials are fixed is to be transfer the sittings of the court at found. There does not appear to be Horsham to Ararat. The transfer, in any statutory enactment on the each case, was effected by a direction matter. However, one thing is clear. given on 24th January, 1967, by the This sentence in section 50 appears to Governor in Council and published make a special provision with regard in the Government Gazette, directing to criminal trials and to take away that the court should cease to be held from the Governor in Council any or be discontinued at Horsham and power he might have had to fix places be held at Ararat, and appointing and days for the hearing of criminal days for the holdings of the court at trials. There is reason, therefore, for Ararat. When this matter was dealt regarding the direction of the Gov­ with, certain weaknesses in the ernor in Council given on the 24th relevant legislation became apparent. January as being of doubtful validity in so far as it purports to appoint In the case of the Supreme Court, days for the hearing of criminal trials there is doubt as to the extent of at Ararat or even that the court cease the power of the Governor in Council to be held at Horsham for the hearing to appoint places and days for the of criminal trials. holding of the court. The legislation bearing on the matter is contained The object of the Bill is to remove in the Supreme Court Act 1958. the doubts I have mentioned. It does Under section 50 of that Act, the this by re-enacting sections 50 and 51 court is to be held on such days as in a different form, whereby it is the Governor in Council appoints at expressly provided that the court certain specified places set out in the shall be held at places mentioned in 3052 Supreme and Oounty [ASSEMBLY.] Oourts (Sittings) Bill. the Second Schedule to the Act and providing that in addition to power to at such other places as the Governor discontiuue the court at any place, in Council directs, and that the the Governor in Council shall have Governor in Council may appoint power to suspend. it, and re-enacts days for the holding of the court at section 5 of the Act in such a way any such place. By reason of the that it will be applicable in the case omission of the last sentence in the of a suspension as well as in the case present section 50 relating to criminal of a discontinuance. It provides for trials, the proposed new sections will the return of books and records to have general application to the fixing the suspended court when it resumes of places and days for the holding of its sittings, and that the transfer of the court for criminal as well as civil jurisdiction with regard to pending cases. cases is to last only during the period of the suspension. It will be seen that the Bill does not attempt to deal merely with the This amendment of the County transfer of the court from Horsham Court Act is also a general provision to Ararat, but makes a new provision which it is hoped will take care of which will be applicable to any future any future similar cases. It is pro­ case that may arise. It validates the vided with regard to the direction direction of the Governor in Council given by the Governor in Council in given in the present case, because it relation to the County Court that it is provided in clause 1 that the Bill, shall be deemed to be a direction that when passed, is to be deemed to have the holding' of the court at Horsham come into operation on 23rd January, be suspended and a further direction 1967. Necessary consequential amend­ can be given under the Act as ments are also made to the Justices amended by the Bill with regard to Act and the Juries Act. the period of the suspension. With regard to the County Court, Many words have been used in there is no difficulty about the power explanation, but the important thing to fix and alter places or days for is that a new court-house is to be holding the court. However, the built at Horsham. The court will be County Court Act 1958 provides that situated temporarily at Ararat. the Governor in Council may discon­ tinue the holding of the court at any Mr. TURNBULL.-Will the new place, and that where that is done court-house be opened before 29th the books and records of the court April? are to be delivered to the registrar Mr. WILCOX.-I am not able to of the court at some other place. inform honorable members of the However, the Act does not make any progress of the building work, but I provision whereby the books and have no doubt that, in keeping with records may be returned in the event buildings that have been erected for of a discontinued court being re­ the Law Department in recent years, established. In the same way, it pro­ the court-house will be a worthy vides that the jurisdiction of the addition to the public buildings of discontinued court with regard to Horsham. pending cases is to be transferred to the other court, without making any Mr. MCCABE.-A tender was let provision with regard to those cases six weeks ago. in the event of the discontinued court Mr. WILCOX.-I know that the resuming its sittings. honorable member for Lowan has These are difficulties which must taken a great interest in this matter, be removed to enable the court to because he has often been in touch resume sitting at Horsham when the with the Attorney-General about it. new court-house is completed. The It may well be, Mr. Speaker, that Bill, therefore, amends the Act by cases involving a number of your Mr. Wilcox. Dandenong Valley Authority [21 FEBRUARY, 1967.] (Amendment) Bill. 3053 constituents will be litigated at the On the motion of Mr. SUTTON new court-house at Horsham. I com­ (Albert Park), the debate was mend the Bill to the House. adjourned. On the motion of Mr. TURNBULL It was ordered that the debate be (Brunswick West), the debate was adjourned until Tuesday, February adjourned. 28. It was ordered that the debate be adjourned until Tuesday, February THE GEELONG GAS COMPANY'S 28. BILL. The debate (adjourned from Febru­ ary 14) on the motion of Sir Henry DANDENONG VALLEY Bolte (Premier and Treasurer) for AUTHORITY (AMENDMENT) the second reading. of this Bill was BILL. resumed. Mr. DARCY (Minister of Water Supply).-I move- Mr. TREZISE (Geelong West).­ This short Bill amends sub-section That this Bill be now read a second time. (1) of section 5 of The Geelong Gas The provisions of this Bill are largely Company's Act, and the Opposition machinery in nature. The most does not intend to oppose it. At important of these is the one which the same time I believe that a con­ provides for the declaration, as sideration of this measure is not the recreational areas, of lands, such as proper occasion for a debate on the flood-retarding basins, vested in the subject of unification of gas control Dandenong Valley Authority and the in Victoria. appointment of committees of The measure proposes an increase management to control and develop in the borrowing powers of the these recreational areas on the same Geelong Gas Company from the lines as those provided for in the present limit of $1,500,000 set in Water Act. 1956 to $4,000,000. This is required Another amendment provides a to cater for the changeover of statutory method of serving notices Geelong to a natural gas consuming under the Act, while another permits city. I agree with the proposal and, the revocation of a declared arterial in the circumstances, I consider the drain, when the drain is to be new borrowing limit to be realistic. diverted or replaced and will no longer vest in or be under the The increased borrowing capacity control of the Authority. will enable the Geelong Gas Com­ pany to take appropriate action to A further amendment relates to meet developments. The main items the election of commissioners of the of expenditure in connexion with the Authority and provides for a muni­ changeover to natural gas will be an cipality's representative to cease to amount of approximately $1,000,000 be a commissioner of the Authority for the conversion of gas appliances, if, having been a councillor when an amount of $900,000 for the con­ elected to the Authority, he ceases struction of new gas mains, and an to be a councillor of such electing estimated amount of about $250,000 municipality. Such person would, for the reinforcement of the present however, be eligible for re-election system. by the municipality concerned to fill the extraordinary vacancy thereby Like all Victorians, the 22,000 occurring in accordance with the customers of the Geelong Gas existing provisions of the Act. I Company look forward to the intro­ commend the Bill to the House. duction of natural gas, especially in 3054 The Geelong Gas [ASSEMBLY. J Company's Bill. view to the promises given by the State's population resides in Geelong Premier, Dr. Hetherington and others and district but, for many periods of that gas accounts will be reduced by the year, some 24 per cent. of Vic­ approximately 50 per cent. I trust torian people receiving unemploy­ tha t these promises will be fulfilled. ment benefits live in this area. Naturally, all Victorians hope to receive a proper share in the gas The residents of Geelong hope bonanza. that, with the introduction of natural gas, employment and industry will be I was interested to read in a news­ developed. Other non-metropolitan paper information concerning gas areas besides Geelong look forward accounts in New York, which is a to deriving some stimulus from the natural gas city, in comparison introduction of natural gas because with local figures. In New York, for too long there has not been where bus drivers receive $720 a enough positive legislation passed by month and tradesmen approximately Parliament to assist these areas of $1,000 a month, the normal gas bill the State. The Opposition does not for a householder with a stove and oppose this Bill, which will not only one other appliance is $3.50 a month. assist in the development of Vic­ In Victoria, where the average wage toria, but also hasten progress in the for the same types of employees is Geelong area. $160 a month, the average gas bill is $7 a month. All Victorians, Mr. BIRRELL (Geelong).-It is therefore, will look forward to the interesting to note that the Geelong day when they will be able to obtain Gas Company is in the forefront of gas supplies as cheaply as the those organizations which anticipate residents of New York. the use of natural gas and which have, well in advance of the actual Unlike many private companies supply, made preparations for the which apparently operated before changeover to the new type of fuel. the formation of the Gas and Fuel The company has also made sub­ Corporation in the metropolitan area, mISSIOns to the Government to the Geelong Gas Company, which increase the capital of the company was formed in 1858, has served the to permit it to reticulate gas from public efficiently. The gas charges to consumers in the Geelong area the natural gas supplies in Bass compare favourably with those of Strait. I fully support the Bill. There other areas. As a matter of fact, I is no doubt that the House, in understand that the Geelong gas general, agrees with the provisions rates are some 25 per cent. lower of this simple measure. Geelong than those in the City of Ballarat. residents hope that, in the course of One pleasing feature of the natural time, supplies of natural gas will be gas conversion in Geelong is the available from the western areas statement by Mr. Bunyan, managing of Bass Strait; this would put director of the Geelong Gas Com­ gas on their doorstep, so to pany, that for six months during the speak, at the lowest possible cost. actual conversion work, there will be employment for 150 men above The only natural gas discoveries so the company's normal staff. This is far have been made off the Gippsland pleasing because employment in coast, which means that the gas has Geelong at present needs a boost. to be brought through Melbourne to An examination of the statistics Geelong. I agree with the general reveals that the unemployed pool in sentiments expressed by the honor­ Geelong and district, which stretches able member for Geelong West, and from Geelong to Winchelsea and I believe this Bill is necessary. At Colac, is the largest in the State. present, a limit is placed on the Approximately 4 per cent. of the borrowing powers of the Geelong Gas Mr. Trezise. The Geelong Gas [21 FEBRUARY, 1967.] Company's Bill. 3055

Company. That limit will be re­ company's capital shall be increased moved by this Bill. The capital of to $4,000,000 which shall be divided the company, which was previously into 2,000,000 shares of $2 each. I limited to an amount of $1,500,000 am amazed at the technical manner will be raised to the sum of in which this simple proposal has $4,000,000. been expressed in the Bill by the draftsman. The honorable member for Geelong West referred to the use of natural In part, the preamble to the Bill gas in New York. I point out to the states- honorable member that the natural And whereas it is expedient further to gas used in New York is brought increase the capital of the said Company from the Canadian fields, which is a and to alter the borrowing powers of the great distance. Initially, the Geelong said Company. Gas Company will reticulate gas The Bill does not mention any which will be transported from the specific figure in regard to the bor­ Gippsland field through Melbourne. rowing capacity of this company. The Geelong Gas Company is a Mr. BIRRELL.-It is cancelled. virile private company. I do not know how it came to be brought Mr. PHELAN.-Clause 3 provides under legal control through an Act that sub-section (2) of section 6 of of Parliament because the Gas the principal Act shall be repealed. Supply Company, which reticulates I can only conclude that this pro­ gas to a number of country centres, vision repeals that portion of the Act is not under public control. There which limits the company's borrow­ must be an historical basis for the ing powers. Surely this Bill is not fact that the Geelong Gas Company inadvertently giving a blank cheque is controlled by legislation. to the Geelong Gas Company. If an unlimited borrowing capacity for this I support the Bill. The Government company is being authorized by this of Victoria is not called upon to pro­ Bill, that fact should be fully ex­ vide funds for the purposes of the plained. Geelong Gas Company as it is in connexion with the activities of the Members of the Country Party Gas and Fuel Corporation of Vic­ support the measure, which toria. Obviously, the financial re­ authorizes an increase in the capital sources of the company are sufficient of the Geelong Gas Company, but we to enable it to transfer to natural gas would be opposed to giving an open without having to seek special con­ cheque to this company or to any sideration other than the provision other company under State guarantee contained in this Bill. I am sure that so far as borrowing powers are con­ the House will agree wholeheartedly cerned. This principle should be with this progressive measure. carefully examined. The borrowing powers of municipalities and State Mr. PHELAN (Kara Kara).-Mem­ instrumentalities are always stated bers of the Country Party do not in the relevant Acts. I see no valid oppose this measure. I suppose all reason why this House should at this members of this House recognize juncture give an open cheque in rela­ that the Geelong Gas Company has tion to borrowing to any institution been one of the few gas undertakings which is subject to an Act of Parlia­ in this State that have provided an ment. efficient service to the public. The The motion was agreed to. two members who have already spoken on this measure referred to The Bill was read a second time, the proposal to increase the com­ and passed through its remaining pany's capital. It is proposed that the stages. 3056 Friendly Societies [ASSEMBLY.] (Investment) Bill.

FRIENDLY SOCIETIES section 17 of the principal Act (INVESTMENT) BILL. provides that a friendly society can The debate (adjourned from Feb­ advance up to 75 per cent. where ruary 14) on the motion of Sir Henry a borrower agrees to repay a certain Bolte (Premier and Treasurer) for amount, quarterly, off his mortgage. the second reading of this Bill was On the other hand, there may be resumed. borrowers who would prefer to take a loan for a three or five-year Mr. CLAREY (Melbourne).-I am term, and not be obliged to make any sure all honorable members will payments off the principal as under support this simple Bill. I direct sub-paragraph (ii) of paragraph (b). the attention of the Clerk to the The present Bill does not apply in fact that the side-note to clause such instances. The Government 2 refers to an amendment of might consider this matter before the 'Section 97 of Act No. 6255. I Bill goes to another place. The Labor think this should refer to section 17. Party supports the Bill. Section 17 prescribes the conditions Mr. R. S. L. McDONALD (Rodney). under which the trustees may """:"The honorable member for Mel­ advance money on mortgage. Until bourne' has fully explained the pro­ the Act was amended a few years posed amendment, although he ago, friendly societies were able to omitted to say that, provided that the advance on mortgage an amount not Housing Loans Insurance Corporation exceeding 60 per cent. of the valuation is covered, up to 95 per cent. of the of the property. Tha t was sub­ value of the property can be sequently amended to provide that, advanced. This is a good measure; if certain periodical repayments were its passage will enable more people made, up to 75 per cent. of the to buy on a lower deposit without valuation could be advanced in such having to take out a second mort­ cases on mortgage. This is the gage. The Country Party supports present position. the measure and wishes it a speedy The Commonwealth Government passage. has established a Housing Loans The motion was agreed to. Insurance Corporation, which will, under certain conditions, guarantee The Bill was read a second time the mortgagors for an amount and committed. exceeding 75 per cent. up to, I think Clause 1 was' agreed to. from memory, 95 per cent. This Bill proposes to amend the Friendly Clause 2 (Amendment of 6255 Societies Act to enable the trustees section 97). to advance an amount over and above Mr. CLAREY (Melbourne).-I the 75 per cent., provided that the suggest that the Government should amount of the loan is guaranteed by abolish the qualification I previously the Housing Loans Insurance Corpor­ referred to, because some people ation. This proposal will help might not want to enter into an individuals who desire to borrow from agreement to pay so much per friendly societies an amount greater quarter, but might wish to accept a than they can obtain under present mortgage for a period of three or five conditions. It will also assist the years. The Act now provides that friendly societies to allow a greater only three-fifths of the value of the proportion of their money to be property can be advanced. There invested in mortgages, becauses they would certainly be many instances in will realize that practically no risks which the Housing Loans Insurance are involved. Corporation would guarantee a loan, One technkal point I desire to even in circumstances where a person raise is that sub-paragraph (i) of did not propose to make periodical paragraph (b) of sub-section (i) of payments off" the mortgage. Oountry Fire Authority [21 FEBRUARY, 1967.] (Prosecutions) Bill. 3057

Mr. ROSSITER (Minister of Immi­ The Opposition strongly supports gration) .-1 shall direct that matter the proposition that a stipendiary to the attention of the Treasurer. magistrate, with or without justices of the peace, should preside The clause was agreed to. over the hearing of these cases. The The Bill was reported to the House degree of dissatisfaction on the part without amendment, and passed of the Government concerning the through its remaining stages. attitude of some justices was not indicated, but I believe there has been some cause for concern in that ,COUNTRY FIRE AUTHORITY regard. Consequently, the Govern­ (PROSECUTIONS) BILL. ment is doing the right thing in The debate (adjourned from making the provision that I referred February 14) on the motion of Mr. to, and my party supports the Bill. Manson (Minister of State Develop­ Mr. TREWIN (Benalla). - On ment) for the second reading of this behalf of the Country Party, I wish Bill was resumed. to indicate our support of this Bill, Mr. STONEHAM (Leader of the which has been introduced at the 'Opposition).-This Bill proposes to request of the Country Fire Brigades insert the following new section to Association in an endeavour to more follow section 50 of the Country Fire clearly define some of the offences Authority Act- and actions in relation to fires in the country, so that when a culprit is Any proceedings for an offence against any provision of this Act shall be heard by apprehended he may be suitably dealt a court of petty sessions consisting of a with by the court for what is a stipendiary magistrate sitting with or serious offence. without any other justice or justices. It is interesting to note that the The Minister did not frankly explain four serious offences dealt with in the reason for this Bill. The infe­ the Bill, all of which may lead to rence to be drawn from his explana­ disastrous consequences, relate to tion was that the Government was rural land or country areas. Whilst dissatisfied with the functioning of we appreciate that bush fires or other some Courts of Petty Sessions fires in these districts can be very presided over by justices of the serious, there is no doubt that serious peace sitting alone. He referred situations can arise in the metro­ to the seriousness of offences under politan area, too. I wonder whether the Act, and also to the magnitude individuals who may be apprehended of the penalties. He named four lighting a fire near the city can be serious offences. The first related dealt with in a similar fashion. In to the failure of an occupier to take other words, if a fire bug begins action to extinguish a fire burning on activities in the metropolitan area, rural land during the summer would this legislation cover such period. The second offence is offences? lighting a fire in the open air in the I am also concerned that, while the country, except as authorized, during offences enumerated are fairly pre­ the summer period. The other two valent, not many people are prepared offences are leaving a fire unattended to report those concerned or to take in the country or failing to extinguish any action at the time. Travelling a fire during the summer period, and around the country, I see a lot of throwing down a lighted cigarette or these things occur and on almost :match in the country during the every occasion I stop and talk to the ;summer period. Certainly, the com­ person concerned. One is alarmed to :mission of any of those offences on a see a city dweller, who has been .day like to-day would be a serious travelling through the country, stop 'matter. somewhere on a warm summer's 3058 Country Fire Authority [ASSEMBLY.] (Prosecutions) Bill.

morning to cook breakfast on a Ranges. In my view, it suggests primus stove. On one occasion I either that there is gross negligence found some new Australians doing on the part of individuals or groups this, and found it difficult to make of people, or that deliberate arson is them understand that they were occurring. doing something hazardous and The tragedies of Tasmania are fresh wrong at this time of the year. They in the minds of honorable members told me that they had been doing this and Australians generally. I doubt all the way to Queensland and back, whether there is any area in this and that this was the first occasion State which faces greater problems on which it had been brought to their now and in the future than the Dande­ attention that they were doing some­ nong Ranges. Regardless of where thing that could prove disastrous. a fire breaks out in the area, and Often at night, one sees a cigarette irrespective of the direction in which butt thrown out of a car. I saw this the wind is blowing, because of the happen over last week-end. There layout of the area, a whole township may not have been much danger at can, within a matter of minutes, be the time, but I am sure that many of in great danger. I was extremely dis­ the fires started on or near our high­ turbed, as I am sure the Minister ways are caused by cigarette butts or also will be, to learn about the matches being thrown out of vehicles. thirteen outbreaks to-day, and I seek Others may be started by emissions his assurance that he, the Country from a vehicle which is not com­ Fire Authority, and, if necessary, the pletely roadworthy. Police Force, will forthwith do every­ thing possible to ensure that this Whilst the Bill is very acceptable stupid behaviour, as I believe it is, to my party, I point out that every will be promptly terminated. citizen has a duty to report any wanton act in· relation to the The motion was agreed to. starting of a fire to the nearest police The Bill was read a second time station or residence, so that the cul­ and committed. prit may be apprehended in the act of lighting a fire or not looking after Clause 1 was agreed to. a fire in a proper fireplace. The Clause 2 (Amendment of No. 6228 Country Party supports the Bill, and s. 1). trusts it will serve a useful purpose on behalf of the community. Mr. MANSON (Minister of State Development) .-1 thank the Leader Mr. BORTHWICK (Scoresby).-At of the Opposition and the honorable present, an alarming situation exists member for Benalla for their support in areas to the east of Melbourne. I of the Government's action in bring­ understand that to-day nineteen fires ing this Bill hefore Parliament. I were reported in the State, thirteen reassure the honorable member for of which were in region 13 which, Scoresby that I have been in hourly in the main, takes in the area known communication with the Country Fire generally as the Dandenong Ranges. Authority during the whole of to-day. Anyone who knows anything of the The Authority has kept me well problems of fire fighting and fire pre­ apprised of the situation. I am vention appreciates that this is a happy to report to the people of remarkably high incidence for one Victoria and to Parliament that the area. Authority has done a magnificent job in containing all these fires very I should like the. Minister in charge quickly and none is now causing of the Bill to give me some assurance trouble. that the Government will closely examine these thirteen outbreaks of I share the honorable memher's fire in one day in such a highly perplexity at the fact that so many dangerous area as the Dandenong fires should have occurred in this Adjournment. [21 FEBRUARY, 1967.] Adjournment. 3059 area, and 1 assure him that we are of last year. It was a relatively small not waiting until to-morrow to start piece of rock, measuring 4 inches investigations. They were begun this by 5 inches. This matter was afternoon. All the authorities who reported to the Mines Department, may in some way be concerned with and with the indulgence of the House looking into this problem are already I shall refer to one or two paragraphs on the job and the Government is in the reply which was received four hopeful of getting reports quickly and months later-on 21st December, being able to do the right and proper 1966. The letter states- thing, depending on the contents of I refer to your complaint that danger the reports. to residents in the vicinity of Fowlers Quarry, Niddrie, is arising from fly-rock. Mr. TREWIN (Benalla).-I thank The State Mining Engineer, on whom the Minister for his comments. It is devolves the responsibility for controlling reassuring to know that the Country blasting, was most concerned to receive Fire Authority is so well organized the report of fly-rock caused by the secondary blast on 29th August last, for, and aware of the conditions that it like yourself, he appreciates the grave has placed at the disposal of volun­ injury that may be caused to a person teer fire fighters throughout the State struck by flying stone. In consequence, he much equipment which is being used took immediate action, as a "stop gap" measure, to have Senior Inspe~tor Salter in the right manner by this army of issue an order to the Company to restrict men who are prepared to leave their the quantity of explosives used in secondary jobs to attend these fires. We, as OIasting to 10 lb. and to 2 oz. per pop. a Parliament, should be proud of He followed this up with a letter to the General Manager of the Company on 1st them. September, requesting that drop balling or impact hammer rigs be closely investigated The clause was agreed to, as was by the Company as a means of achieving the remaining clause. secondary breaking without blasting. He further advised the Company that should The Bill was reported to the House such mechanical methods of breaking be without amendment, and passed shown to be impracticable by the Company's through its remaining stages. investigations, he would order the costly alternative of covering secondary blasts with blasting mats so as to prevent rock from flying. ADJOURNMENT. • • • • • ROCK BLASTING AT EAST KEILOR­ I desire to emphasise that adequate time should be given the Company to complete RAILWAY DEPARTMENT: DAMAGE the investigations because, apart from TO PROPERTY OF MR. AND MRS. preventing fly-rock, mechanical breaking COLDICOTT, HERNE HILL. would remove the nuisance from noise and air blast arising from secondary breaking Mr. MANSON (Minister of State with explosives. Development) .-1 move- • • • • • That the House, at its rising, adjourn I feel that the above outline will persuade until to-morrow, at half-past Three o'clock. you that the appropriate steps are being The motion was agreed to. ,taken to remove hazards from fly-rock. The letter is signed by the Secretary Mr. MANSON (Minister of State for Mines. Development) .-1 move- That the House do now adjourn. On 9th February last at approxi­ mately 4 p.m., as a result of blasting, Mr. GINIFER (Grant).-I direct the it is alleged that a piece of rock 'attention of the House to represen­ weighing approximately I! cwt. tations which have been made to landed in front of the roadway of me in relation to excessive blasting house No. 52 in the same street, in the East Keilor area. The com­ narrowly missing three children who plaint was lodged by Mr. and Mrs. were on their way home from school. Reddoch of 43 Noga-avenue, East This rock became embedded in the Keilor, in relation to a rock which fell roadway. It was eventually removed into their property on 29th August and the road filled with crushed 3060 Adjournment. ~SSEMBLY.] .A djournment. metal. I have brought this piece of Last September, runaway trucks rock to Parliament House and at went through the small and most present it is in the interview room inadequate dirt barrier and stopped adjacent to the Labor Party room. adjacent to the home of Mr. and Mrs. It is one thing to describe a piece of Coldicott. No attempt was made in rock and another thing to see it, the meantime to replace the barrier particularly when it is realized that or to provide a more adequate barrier the rock was blown out of the quarry, to prevent rail trucks crashing into over a house and into the street. the property. Consequently, at 5.30 This is an indictment of the Govern­ a.m. last Saturday, more runaway ment's administration of the Mines trucks went through the barrier at Department. A letter written in this point, crashed through the fence December, 1966, stated that all of the home of Mr. and Mrs. Coldicott precautions were being taken and the smashed the front veranda, cracked residents were asked to be tolerant the wall of the house and caused a and patient, but less than two months great deal of nervous tension to mem­ later there was this near fatality. I bers of the household. should like an assurance from the There is some irresponsibility on responsible Minister that all blasting the part of the Railway Department in the area· will be stopped until because, for four months, an adequate safeguards have been taken. inadequate barrier has remained at I emphasize that paragraph of the the terminal, and between Saturday letter from the Mines Department to morning and Monday no attempt was Mr. and Mrs. Reddoch in which it made to take action to prevent was stated that if it was imprac­ further trucks crashing into the ticable to stop this rock flying house. Mr. and Mrs. Coldicott the Department would order the lived in fear and their children slept costly alternative of covering in a shed for fear of further trucks secondary blasts with blasting mats causing damage to their home. I ask so as to prevent rock from flying. for an assurance that there will be no I should like an assurance from the recurrence of these accidents and Minister that all the requirements, that Mr. and Mrs. Coldicott and including the covering with blasting family will be adequately compen­ mats, will be implemented and that sated for personal and property all blasting shall cease until this is damage arising from these incidents. done. I ask that this be given as an Mr. MANSON (Minister of State immediate instruction, and I invite Development) .-There is little doubt the Minister and honorable members that the replies I give to the to view this rock to see for them­ honorable members for Grant and selves what happened in this so-called Geelong West will be unsatisfactory enlightened society. because they demand immediate Mr. TREZISE (Geelong West).-I. action to solve problems within their direct the attention of the Minister electorates. I assure the honorable of Transport to an event which members that I shall direct their recurred last week concerning run­ remarks to the attention of the away trucks on the Fyansford railway Minister of Mines and the Minister of line at the intersection of Rod-street, Transport respectively. I will urge Herne Hill. At this point the line my colleagues to contact the honor­ makes a short detour from the main able members concerned to discuss line to side track any runaway rail trucks from the Australian Cement these problems and do whatever they Company. Unfortunately, the end of can to alleviate the distress which this detour track is in direct line with has been caused to their constituents. the modern two-storied home of Mr. The motion was agreed to. and Mrs. Coldicott of Rod-street, Herne Hill. The House adjourned at 10.38 p.m. Natural [22 FEBRUARY, 1967.] Gas. 3061

Melbourne; if so, whether this will mean 1Jlrgialntinr Aaarmbly. that there will not be any industries set up Wednesday, February 22, 1967. at points in Gippsland? Sir HENRY BOLTE (Premier and The SPEAKER (Sir William Treasurer) .-The answer is- McDonald) took the chair at 4.6 p.m., The liquid contents of the gas will be and read the prayer. extracted at Sale and dry gas will be delivered into the pipe-line. NATURAL GAS. It is not possible to say at this stage what SALES TO NEW SOUTH WALES industries will be developed or the location COMPANY: PIPE-LINE ROUTE. of them. Sir HERBERT HYLAND (Gipps­ It is not known what will happen to land South) asked the Premier- the condensates which are removed If he will ascertain and inform the House from the gas-whether they will be whether the Australian Gas Light Company piped to Melbourne, or to Western­ (Sydney's gas distributor) will be purchas­ port, or whether they will be pro­ ing Victorian natural gas by about 1970; if cessed on the spot. so, whether the main gas pipe-line is expected to go through Orbost? Sir HERBERT HYLAND.-I have been Sir HENRY BOLTE (Premier and told that wet gas will come down the Treasurer) .-The answer is- pipe-line. I am advised that there have been no Sir HENRY BOLTE.-It is, of negotiations between Esso-B.H.P. and the course, wet gas which arrives at the Australian Gas Light Company. treatment plant from the off-shore The route of a pipe-line to Sydney is a matter for study by all parties concerned at production platform. The contract the appropriate time. and the agreements, including those To that answer could be added the relating to price, are all made on the words, "having due regard to the basis that dry gas will pass into the requirements of Victoria ". pipe-line at that point. FINANCING OF PIPE-LINE. INSTALLATIONS AT BARRYS BEACH Sir HERBERT HYLAND (Gipps­ AND LONGFORD. land South) asked the Premier- Sir HERBERT HYLAND (Gipps­ Whether it was agreed at the special land South) asked the Premier- Premiers' conference recently held in If he will ascertain and inform the House Canberra that South Australia could raise when it is expected that the Esso-B.H.P. up to $35,000,000 for a gas pipe-line; if so, works at Barrys Beach and Longford whether it is anticipated that Victoria will respectively will be operating and how many receive similar treatment? men will be permanently employed at each Sir HENRY BOLTE (Premier and centre? Treasurer) .-The answer is "Yes". Sir HENRY BOLTE (Premier and GOVERNMENT ASSISTANCE TO Treasurer) .-Yes. I will seek the Esso-B.H.P. information from the company and Sir HERBERT HYLAND (Gipps­ advise the honorable member when it land South) asked the Premier­ is received. What assistance (if any) State Govern­ HOUSING REQUIREMENTS AT BARRYS ment Departments or instrumentalities have given Esso-B.H.P. in Gippsland? BEACH AND LONGFORD. Sir HENRY BOLTE (Premier and Sir HERBERT HYLAND (Gipps­ Treasurer) .-The information sought land South) asked the Minister of by the honorable member will be State Development, for the Minister obtained and supplied to him. of Housing- Whether a survey has been made of the PIPING OF GAS TO MELBOURNE: housing requirements for the employees of INDUSTRIAL DEVELOPMENT. Esso-B.H.P. who will be employed at Barrys Sir HERBERT HYLAND (Gipps­ Beach (Port Welshpool) and Longford (near Sale), respectively; if so, whether the land South) asked the Premier­ Government anticipates any resultant action Whether it is anticipated that wet gas will in the near future; if not whether the be piped by Esso-B.H.P. from Longford to Government will institute such a survey? 3062 Public [ASSEMBLY.] Buildings.

Mr. MANSON (Minister of State 2. How such buildings were disposed of Development) .-The answer supplied and what price was paid in each case? by the Minister of Housing to both Sir HENRY BOLTE (Premier and parts of the question is " Yes". Treasurer).-The answer to these questions consists of scheduled infor­ PUBLIC BUILDINGS. mation, and I ask leave to have it SALES AND PRICES. incorporated in Hansard without my Mr. WILKES (Northcote) asked reading it. the Treasurer- Leave was granted, and the answer 1. What public buildings were sold by was as follows:- the Government during 1966-67, and where 1 and 2. they were located? (a) Buildings sold including land:-

Description. Location. Method of Disposal. Price.

$ Old State Accident Insurance Office 412 Collins-street, Mel- Private treaty pur­ 415,000 bourne suant to Act No. 7449 Old school buildings .. .. Runnymede East .. Public auction .. 290 .. .. Diggora South ...... 1,060 " .." " ...... Hallam .. . . " .. .. 12,300 " ...... Tuerong .. .. " .. 1,200 " ...... Bendigo .. .. " " .. 6,400 " " ...... Wangaratta .. . . " " .. 4,620 " " ., ., Paaratte .. .. " .." .. 441 " " " .. Burndale .. .. " .. 450 Old departm'~ntal reBide~~e .. Ballarat ., ., " " .. 6,700 " - " (b) Buildings sold for removal:-

Description. Location. Method of Disposal. Price. $ School residence Essendon Tender 10 Residence Bendigo Mental Health 150 School building Leongatha 300 School building Tanwood 30 School building Yarram 205 Building Parkville" Turana" 70 School residence Navarre 100 Police residence Mirboo North Police Sta.tion 810 School building Scotsmen's Lead 90 School building Tallygaroopna 110 School building Quantong 114 School building Edi Upper 22 School building Myola 150 Residence Ballarat Mental Health 80 School building Stuart Mill 30 School building Junortoun N~gotiation 50 School building Sea. Lake Tender 300 School residence Ballarat 352 School building Goschen 36 School building Drouin 300 School building Ivanhoe East 50 School building Wunghnu 70.10 School building Longwarry 170 School residence Shepparton 60 School building Toolamba West 62 Residence Ballarat Mental Health 248 School residence Koo-Wee-Rup 300 School residence Upwey 120 School building Alberton West 120 School building Carboor 30.50 School building Greta 60 School residence Glenthompson 300

The above particulars of sales do not, of course, include sales made by statutory corporations. State [22 FEBRUARY, 1967.] Finance. 3063

DIVISION OF STATE the expenditure was $262,088,000. The DEVELOPMENT. honorable member has had experience of these matters as a member of Government, STAFF: COST: ASSISTANCE TO but I think I should add that care has to be INDUSTRIES. taken in interpreting the figures which the honorable member has asked for. Mr. MOSS (Leader of the Country Party) asked the Premier- While expenditure flows at a fairly even rate over the financial year, the flow of 1. What is the numerical strength of the revenue always lags behind a proportionate Division of State Development of the rate in the first half of the financial year. Premier's Department? Just to take an example, the receipts from 2. What is its annual cost? liquor licences do not come to Consolidated Revenue until the second half of the 3. How many secondary industries it has financial year. The figures for the first six been responsible for starting in the country months are therefore not a reliable guide in each of the last ten years? to the trend in the Budget for the whole financial year. In fact, I can say that on Sir HENRY BOLTE (Premier and balance the Budget is proceeding in line with Treasurer).-The answers are- the forecast given to the House in September 1. Number of staff 22. last. 2. 1966-67 $111,027. 3. Many industrialists are provided with ROAD TRAFFIC. advice and assistance in positioning them­ selves in country locations. The degree of FINES: PROSECUTIONS: POLICE assistance can vary, for example, from the MOBILE TRAFFIC SQUAD. ~ranting of access to the roads of the State m their own vehicles up to the negotiation Mr. MOSS (Leader of the Country of loans through the Rural Finance and Settlement Commission, but a point where Party) asked the Chief Secretary- responsibility may be claimed for the 1. What total amount was collected in success of a venture is difficult to determine. fines for breaches of the Motor Car Act 1958 However, substantive assistance was during each of the last five years, and how provided, as follows: many prosecutions are still pending? Year No. of Industries. 2. What is the average numerical strength 1957 8 of the police traffic squad taking part in 1958 10 State-wide traffic blitzes? 1959 6 1960 8 Mr. RYLAH (Chief Secretary).­ 1961 10 In seeking the information concern­ 1962 6 ing the first question, the Leader of 1963 6 1964 14 the Country Party has posed a 1965 8 terrific problem. Figures for the total 1966 8 amount collected in fines under the 84 Motor Car Act 1958 are not readily available. To obtain the information sought concerning fines would necessitate a physical search of STATE FINANCE. between 130,000 and 140,000 briefs REVENUE AND EXPENDITURE. in respect of each year for Mr. MOSS (Leader of the Country which the information is required. Party) asked the Treasurer- A similar situation applies concern­ 1. What revenue was collected from all ing the number of prosecutions sources for the six-monthly period ended pending. However, if the Leader of 31st December, 1966? the Country Party will confer with 2. What expenditure was incurred during me and suggest how the information the same period? can be supplied in a somewhat Sir HENRY BOLTE (Premier and simple form, I shall be only too Treasurer).-The answers are- happy to assist him. The answer to The receipts to the Consolidated Revenue the second question is- Fund for the six-month period ended on A daily average of approximately 165 31st December, 1966, were $236,999,000 and members of the Mobile Traffic Section. 3064 Pentridge Gaol. [ASSEMBLY.] Education Department.

PENTRIDGE GAOL. EDUCATION DEPARTMENT. ESCAPE OF RONALD RYAN AND PETER ROWVILLE LAND INQUIRY: REPORT. WALKER. Sir HERBERT HYLAND (Gipps­ land South) asked the Minister of Mr. TREZISE (Geelong West) Education- asked the Chief Secretary- Whether the Rowville land inquiry has If he will lay on the table of the Library been finalized; if so, when members of all relevant records concerning the escape Parliament will be able to obtain a copy of of Ronald Ryan and Peter Walker from the report; if not-(a) when the inquiry will Pentridge Gaol? be concluded; and (b) what the inquiry has cost to date? Mr. RYLAH (Chief Secretary).­ Mr. BLOOMFIELD (Minister of It is not the usual practice to lay on Education).-The answer is- the table of the Library reports, The hearing has concluded. I was in­ statements and the like which are formed early this week by the solicitor acting for the Department that the Board's included in Crown briefs for criminal report could be expected in a week or so. trials. However, if there is any When it is received, it will be made available particular aspect of the escape upon to members without delay. which the honorable member seeks SCHOOLS IN ELECTORATE OF NORTH- advice, I shall be pleased to discuss COTE: MIGRANT ENROLMENTS: the matter with him. TEACHERS. Mr. WILKES (Northcote) asked the Minister of Education- SUGGESTED REMOVAL. 1. How many migrant children or children For Mr. MUTTON (Coburg), Mr. of migrant parents attend each of the follow­ ing schools :-Helen-street State School. Wilkes asked the Chief Secretary- Northcote; Westgarth State School, North­ Whether, considering that for the last cote; Penders-grove State School, Thorn­ 26 years the member for Coburg has re­ bury; Wales-street State School, Northcote; peatedly placed before the Minister or his Fairfield North State School; Langridge­ predecessors in office the necessity to re­ street State School, Fairfield; Alphington move Pentridge Gaol from the City of State School, Alphington; Northcote High Coburg and make the land available for School; Thornbury High School; and North­ additional educational facilities, considera­ cote Technical School? tion has been given at any time during that 2. What are the countries of origin of period to the building of a modern gaol on a these children? site away from such a crowded and 3. How many of these children at each expanding area? school have to be taught to speak English? 4. What provision is made in each case for additional teaching staff to cope with Mr. RYLAH (Chief Secretary).­ this situation? It is disappointing that the honorable 5. How many teachers at each school are member for Coburg is not present able to speak Italian and/or Greek? to hear the answer to this question, Mr. BLOOMFIELD (Minister of which is- Education).-This information will take some considerable time to pre­ The honorable member's proposals for pare. I shall advise the honorable removal of Pentridge Gaol from the City of Coburg have been examined on a number of member when it can be made avail­ occasions. In its early years of office, the able, and to what extent. Government made available for educational purposes half the area of land which formed SCHOOLS IN BRUNSWICK AND MORE­ Pentridge Gaol. LAND: TECHNICAL SCHOOL FEES: The cost of removal of this gaol, even MIGRANT PUPILS IN BRUNSWICK AND allowing for the recovery of part of the COBURG: TEACHING OF ENGLISH. cost by selling the land, would be enormous and certainly could not be contemplated in Mr. TURNBULL (Brunswick West) the foreseeable future in view of the State's asked the Minister of Education- financial position. In addition, a gaol is 1. What increase in fees is proposed for necessary close to the criminal and petty apprentice students attending the Brunswick sessions courts in the metropolitan area and Technical School or any other technical Pentridge Gaol meets this need. school? Education [22 FEBRUARY, 1967.] Department. 3065

2. What quarterly or other fees were Mr. BLOOMFIELD (Minister of payable by such students during 1966, and what amounts are payable for the current Education).-The answers are- year? 1. Number of portable class-rooms in use as at February, 1961 12 3. What fees are payable by diploma students attending technical schools this 1962 88 year, and what fees are proposed for 1968? 1963 174 1964 256 4. What is the reason or basis for the charging of such fees and whether any 1965 324 means test is applicable in regard to such 1966 418 fees? 1967 540 5. What recent consideration he has given 2, 3 and 4. In view of the number of files to the proposal to replace the Brunswick to be examined to answer these questions, Technical School with a new building and it is not possible to provide the answers whether he received any correspondence to-day, and I ask that these questions be from the school council in regard to the deferred until the next day of sitting. In proposal; if so, what was the nature of the meantime, I will arrange for as much such correspondence and the nature of the information to be provided as can be reply (if any)? collected without undue interruption of work within the Department. 6. What is the present position of the planning and/or construction of the pro­ posed new wing at the Moreland High School? TEACHERS TRIBUNAL. 7. When it is anticipated that the tender CONSTITUTION. for the second stage of the Brunswick High School will be advertised or considered, and Mr. HOLDING (Richmond) asked what steps have been commenced for clean­ ing up the site or preparing for gardens, the Minister of Education- paths, &c., at the school? Whether he will inform the House of the Government's policy (if any) for the re­ 8. What is the class percentage in each form of the Teachers Tribunal? grade of new Australian children attending primary schools in the Brunswick and Mr. BLOOMFIELD (Minister of Coburg areas, and what arrangements (if Education).-The answer is- any) have been made to appoint special The Government has for long wished to teachers to ensure knowledge in speaking remove discontent arising from the present and writing English by such students at constitution of the Teachers Tribunal. It such schools? has been and is still willing, if time allows. to introduce legislation for this purpose. Mr. BLOOMFIELD (Minister of The follOwing requirements must be Education).-This information will met:- take some time to prepare. I will 1. Government and teacher representa­ tion must be equal. advise the honorable member when 2. Salary submissions must be heard and it is available. determined by the Tribunal as a whole. Otherwise the Tribunal can settle its own procedures. PORTABLE CLASS-ROOMS: COST. 3. We must be satisfied that the change is acceptable to teachers. At present this Mr. TREZISE (Geelong West) means to both the Victorian Teachers Union asked the Minister of Education- and the Victorian Secondary Teachers Association. 1. How many portable class-rooms the Education Department had in use in-(a) Subject to the above conditions we have 1960-61; (b) 1961-62; (c) 1962-63; (d) offered to introduce legislation for a seven­ 1963-64; (e) 1964-65; (f) 1965-66; and how man tribunal, to include elected representa­ tives of primary, secondary and technical many are in use at present? teachers. This offer has been available to 2. What was the total cost of transport­ the Victorian Teachers Union and the ing such class-rooms in each of those years? Victorian Secondary Teachers Association over a long period and was repeated very 3. What is the normal charge for removal recently. from site to site of each portable class-room? Mr. SUTTON .-It was not accepted. 4. What was the cost of portable class­ rooms in each of those years? Mr. BLOOMFIELD.-That is so. 3066 Melbourne and lJ1.etropolitan [ASSEMBLY.] Board of Works.

RAILWAY DEPARTMENT. 2. Practically all industries within the Sunshine electorate have sewerage facilities TOTTEN HAM SUBWAY. and discharge their trade wastes to the For IVIr. LOVEGROVE (Fitzroy), sewers. Since 1954, the consent of the Health Commission is required under the Health Mr. Wilkes asked the Minister of Act for commencing any discharge into the Transport- creek, but no application has so far been 1. What plans the Railway Department made. The Board of Works is not aware has for development in the area adjacent of any direct discharge of trade wastes into to the Tottenham subway in the Sunshine the creek, but any complaint of pollution State electorate? through trade waste reaching the creek by indirect means would be immediately 2. What plans the Department has for investigated. removing the traffic bottle-neck in Ashley­ street and Sunshine-road, at the approaches 3. The Board is currently carrying out to the subway? major improvement works on Stony creek between Fiddian-street and Finlay-street. Mr. MEAGHER (Minister of Trans­ 4. Estimated cost $260,000. It is antici­ port).-The answers are- pated that this work will be completed by September next. 1. The Department is investigating the possibility of leasing the land to industries 5. No further works are proposed at requiring the use of the standard and broad present. gauge railway tracks which serve the area. 6. The Board of Works is empowered to 2. The solution of any road problem make by-laws preventing or minimizing the rests with the appropriate road authorities. pollution of sewers, creeks, watercourses, The Department therefore has no plan. &c., and exercises certain controls by virtue of its by-law No. 32. The Health Act Pw­ hibits any trade waste produced in the course of any trade business or undertaking MELBOURNE AND established after 1954 from entering or METROPOLITAN BOARD OF flowing into any stream unless proviSion is WORKS. made for the purification of such waste by means approved by the Health Commission. STONY CREEK: INDUSTRIAL WASTES: The Board and the local councils are FLOODING: IMPROVEMENT WORKS concerned to prevent any pollution and in AND COST: CONTROL OF POLLUTION. addition of course the Board reduces the danger of pollution by providing sewers For Mr. LOVEGROVE (Fitzroy), and accepting trade wastes into them. Mr. Wilkes asked the Minister of Lands, for the Minister for Local Government- HOSPITALS AND CHARITIES 1. What industrial wastes are emptied COMMISSION. into Stony creek before it enters the Sun­ COUNTRY HOSPITAL FINANCES: shine State electorate? BENEFIT SCHEMES. 2. What industrial wastes are emptied into Stony creek within the electorate? Mr. MOSS (Leader of the Country 3. What works the Melbourne and Party) asked the Minister of Immi­ Metropolitan Board of Works is carrying gration, for the Minister of Health- out to deal with flooding and other nuisances to homes near the creek? 1. How many country hospitals have been unable to pay local accounts as they 4. What is the cost of the works to the fell due during each of the last two years? Board, and when they will be completed? 2. What steps (if any) have been taken 5. What other works to the creek are by the Government to investigate a com­ proposed by the Board, and what is the prehensive hospital benefits scheme? estimated cost of these works? 3. Whether a check is made of contri­ 6. What tegal controls regulate the butions received and payments made by emptying of industrial wastes into Stony societies running hospital benefits schemes creek, and what action has been taken to for profit? protect public health from the effects of such wastes? Mr. ROSSITER (Minister of Immi­ Mr. BALFOUR (Minister of gration).-The answers supplied by Lands).-The answers supplied by the Minister of Health are- the Minister for Local Government 1. The records of the Hospitals and Charities Commission do not contain are- sufficient day-to-day detail of the finances 1. None. of country hospitals to disclose how many Clean Air Act. [22 FEBRUARY, 1967.] Aborigines Welfare Board. 3067

of them were unable to pay local accounts HOSPITALS AND CHARITIES as they fell due daily during each of the COMMISSION. last two years. However, from hospitals' budgets submitted to the Commission during " CAMBRAI ", GEELONG WEST: the last two years, the answers are- GRACE McKELLAR HOUSE, GEELONG. 1965-66 Seven country hospitals. Mr. TREZISE (Geelong West) 1966-67 Fifteen country hospitals. asked the Minister of Immigration, 2. The existing hospital benefits sch.eme for the Minister of Health- is administered by the Commonwlalth 1. What plans are envisaged in relation Department of Health under the National to "Cambrai", Pakington-street, Geelong Health Act. The State Government is West? investigating comprehensive hospital bene­ 2. Whether an application has been fits schemes and considering many sugges­ lodged on behalf of Grace McKellar House, tions for improvement of the present Geelong, for consideration on the outcome voluntary scheme. An extensive campaign of "Cambrai"; if so, what requests were to obtain substantially increased hospital made, when, and what replies were given benefits coverage is under consideration. to those requests? 3. All hospital benefits schemes are con­ 3. Whether any decision has been made ducted under the provisions of the National at this stage on the future of cc Cambrai " ; Health Act, and Commonwealth officers if not, when such a decision can be make checks from time to time of contri­ expected? butions received and payments made by 4. How long cc Cambrai " has been societies running such schemes. State unused? offices, particularly the Government 5. What is the estimated value of the Statist's Office, co-operate with Common­ property? wealth officers in these matters. Mr. ROSSITER (Minister of Immi­ gration).-The answers supplied by CLEAN AIR ACT. the Minister of Health are- 1. It is proposed to sell the former private PROSECUTIONS: STAFF. hospital cc Cambrai" in Pakington-street, Geelong West. Mr. MOSS (Leader of the Country 2. In June, 1966, Grace McKellar House Party) asked the Minister of Immi­ asked the Hospitals and Charities Commis­ gration, for the Minister of Health- sion to make cc Cambrai" available to it for nursing home purposes: later, following 1. How many prosecutions have been inspection and estimates of essential altera­ launched, or are pending, for breaches of tions and additions, Grace McKellar House the Clean Air Act 1958, giving the name, withdrew its interest and requested that, address, and business of the defendant in instead, the sale proceedings be made each case? available to it towards additional accommo­ 2. What staff is employed in policing the dation on its Ballarat-road site. .. Cambrai " Act? property is Crown land and the proceeds of sale must go to the Crown, but when Mr. ROSSITER (Minister of Immi ... sale has been completed consideration will gration).-The answers supplied by be given to the proposal made by Grace McKellar House. the Minister of Health are- 3. The Lands Department has been asked 1. No prosecutions have been launched to sell II Cambrai", and arrangements are or are pending, for breaches of the Clean being made for publicity and an early Air Act 1958, by the Commission of Public auction. Health, but a number have been undertaken 4. Since last July, 1966. by municipal councils assisted by depart­ 5. As the property is being offered at mental officers giving supporting expert public auction, the Minister is not prepared evidence. The municipal councils act under to make any statement as to its valuation at powers delegated by the Commission of this stage. Public Health in respect of certain sections of the Act. Records of these prosecutions ABORIGINES WELFARE BOARD. are not held by the Department of Health. ABORIGINAL OFFENDERS: ACTION BY 2. The Act is policed by the staff of the POLICE AND BOARD STAFF: WEL­ Clean Air Section of the Department of Health, but the sections of the Act in which FARE OFFICERS. powers have been delegated to municipal Mr. HOLDING (Richmond) asked councils are policed by officers of the the Minister of State Development, municipality in which the offence occurs. Although the power of prosecution has been for the Minister of Housing- delegated to municipal councils, the Com­ 1. (a) Whether police now report all mission of Public Health retains the right cases where Aborigines are apprehended also to exercise the power. (except on drunkenness charges) to welfare 3068 Aborigines Welfare [ASSEMBLY.] Board. officers of the Aborigines Welfare Board' 2. Whether the chairman sought to re­ (b) w?ether there is a gazetted directiori employ Mrs. Rule after her services had to polIce to take such action; if so, what been terminated at Lake Tyers? steps have been taken to ensure that the direction is carried out; and (c) whether 3. What executive powers have been the Board has adequate staff to investigate delegated to the chairman? reported cases and to take supportive action where necessary? Mr. MANSON (Minister of State 2. (a) How many welfare officers may be Development).-The answers sup­ employed by the Board; (b) how many are p1i~d by the Minister of Housing now employed and what qualifications each are- possesses; (c) how many members of the staff left the service of the Board in the 1. The Minister of Housing is not aware last two years; (d) whether others have of any circumstances where the chairman indicated their intention to transfer from of the Aborigines Welfare Board has the Board or leave the Public Service; and negated or failed to implement resolutions (e) whether the staff members are in dis­ passed by the Board. agreement with the chairman of the Board 2. Over recent years, Mrs. Rule has not on administrative matters and resent the been employed at Lake Tyers, but at times chairman'S intrusion in such matters? when there has been no trained nurse at the station she has given her services on Mr. MANSON (Minister of State the request of the manager or officer-in­ Development).-The answers sup­ charge to assist in health duties and has plied by the Minister of Housing been reimbursed for travelling expenses. are- Recently, during a period of two weeks when no nursing sister was available the chairman 1. (a) When a person whose appearance asked Mrs. Rule to take charge of the health indicates Aboriginal ancestry is charged services at the station on the same basis. with any offence other than drunkenness, police are required to report the facts to 3. No general executive powers are dele­ the Superintendent of Aborigines Welfare gated to the chairman, but from time to or someone designated by him. time the Aborigines Welfare Board does (b) Instructions have been issued by authorize the chairman to act on its behalf Amendment No. 447 to the Victoria Police to attend to particular matters or authorize Manual. In the event of this direction not minor expenditures between Board meetings. being carried out, the Aborigines Welfare Board would refer the matter to the Chief Commissioner of Polic.e. RIVER MURRAY AREA: CONSULTATIONS (c) It is not always possible to investi­ WITH NEW SOUTH WALES BOARD. gate every case in detail, but every effort is made to do so. Mr. HOLDING (Richmond) asked the Minister of State Development, 2. (a) Seven. (b) Six. One is a graduate in Arts and for the Minister of Housing- holds a Diploma of Social Studies; two hold 1. Whether any steps have been taken Diploma of Social Studies, and three do not to 'ascertain, with the New South Wales have professional qualifications. One vacant Aborigines Welfare Board, the number and position is currently being filled. living conditions of Aborigines on both sides In addition, a triple certificated nursing of the River Murray? sister carries out health and welfare duties 2. Whether there is any consulation be­ and another officer has been assigned to tween New South Wales and Victorian wel­ welfare duties. fare officers working in the area? (c) One. Mr. MANSON (Minister of State (d) Yes. Development).-The answers sup­ (e) Certain points of controversy have arisen from time to time. plied by the Minister of Housing are- ACTIONS AND POWERS OF CHAIRMAN: 1. The Superintendent of Aborigines EMPLOYMENT OF MRS. RULE. Welfare has initiated action to hold regular Mr. HOLDING (Richmond) asked joint meetings with the staff of the New South Wales Aborigines Welfare Board to the Minister of State Development, discuss numbers, living conditions and other for the Minister of Housing- mutual problems concerning Aborigines on 1. Whether the chairman of the Aborigi­ both sides of the River Murray. Similar nes Welfare Board has negated or failed discussions have also been proposed with to implement resolutions passed by the staff of the South Australian Department of Board; if so, what steps the Board or the Aboriginal Affairs. One meeting has been Government has taken to reprimand the held but New South Wales officers could chairman? not be present. Housing [22 FEBRUARY, 1967.] Commission. 3069

2. Only in recent months has the New Corio to the Housing Commission for the South Wales Aborigines Welfare Board ap­ purposes of elderly citizens' flats; if so. pointed welfare staff to work in the south­ how many flats will be erected and when ern parts of that State. No pattern of is it expected such works will commence? regular consultation between New South Wales and Victorian welfare officers has yet 2. What number was on the waiting list grown up, but this will be established when in the Geelong area for lone person flats at joint meetings are held regularly. -(a) June, 1963; (b) June, 1964; (c) June, 1965; (d) June, 1966; and how many are on the list at present? MEETINGS OF WELFARE OFFICERS. 3. What is the estimated delay period at Mr. HOLDING (Richmond) asked present for such applicants being accom­ the Minister of State Development, modated? for the Minister of Housing- Mr. MANSON (Minister of State Whether meetings involving country wel­ fare officers of the Aborigines Welfare Board Development) .-The answers sup­ are held regularly; if so, how frequently; plied by the Minister of Housing if not, whether the Welfare Division of the are- Board considers this unnecessary? 1. Formalities have been finalized. Pre­ Mr. MANSON (Minister of State liminary planning has just commenced and Development).-The answer supplied it is not known, at this stage, how many flats will be erected. It is anticipated that by the Minister of Housing is- construction will commence early in the Regular monthly meetings involving 1967-68 financial year. metropolitan and country welfare staff of the Aborigines Welfare Board were held 2. June, 1963 53 in Melbourne up to August, 1966; there­ 1964 83 after, the Board decided that these meetings 1965 12 would be held every six months. 1966 71 The whole question is under review at the present time. As at 22nd February, 1967 92 3. As allocations depend upon the incidence of vacancies, the waiting period LAKE TYERS ABORIGINAL STATION: can vary from one to five years. CATTLE RAISING: SALES. Mr. HOLDING (Richmond) asked the Minister of State Development, VICTORIA INSTITUTE OF for the Minister of Housing- COLLEGES (BOARD OF STUDIES) 1. How many head of cattle are main­ BILL. tained at Lake Tyers? Mr. BLOOMFIELD (Minister of 2. Whether a stock record is kept; if so, Education) .-1 move- whether this is checked by Aborigines Wel­ fare Board officers? That this Bill be now read a second time. 3. What returns were received from the sale of cattle in the last six months? This short measure is designed .to place a numerical limit on the Mr. MANSON (Minister of State membership of the Board of Studies, Development).-The answers sup­ and to alter its constitution. The plied by the Minister of Housing Bill is based on recommendations are- made by the Victoria Institute of 1. 255 head of cattle. Colleges, but the Government has 2. Yes, the last check of livestock records was made in May, 1965. made certain modifications which 3. $6,630.00. have subsequently been discussed with the president and vice-president HOUSING COMMISSON. of the Institute, who wish the Government to proceed with the Bill. GEELONG DISTRICT: DONATION OF LAND BY CORIO SHIRE: ELDERLY Under the principal Act, the prin­ CITIZENS AND LONE PERSON FLATS. cipal of all affiliated colleges are ex Mr. TREZISE (Geelong West) officio members of the Board of asked the Minister of State Develop­ Studies, and it is felt that as the ment, for the Minister of Housing- number of affiliated colleges grows the Board will become too large and 1. Whether formalities have been finalized regarding the donation of l~d in unwieldy. This Bill provides for a Wistaria-grove, Norlane, by the ShIre of maximum of ten representatives from Session 1967.-108 3070 Water (A.mendment) [ASSEMBLY.] Bill eN o. 2). affiliated colleges, four of whom must and areas, according to the size and be principals. The interim council of classification of these properties. the Institute considers that it should The Act empowered landowners to be in a position to select academics make application for extra water of high standing from amongst the rights, in accordance with these senior staffs of affiliated colleges, formulae, until the 30th June, 1967; and the proposed amendment will the amendment now proposed will enable this to be done. At the same extend the life of these formulae for time, provision is being made for a further four years. principals of affiliated colleges who are not regular members of the Pending full development of the Board of Studies to be co-opted when Snowy-Murray hydro-electric scheme the Board is dealing with matters and the completion of the approved which affect their colleges. reservoir projects at Lake Mokoan, Buffalo High dam and Chowilla The Bill also provides for the Chief reservoir, the existing water alloca­ Inspector of Technical Schools to be tions would be imperilled if the an ex officio member of the Board, commitments under the present and for one other senior professional formulae were increased. For this officer of the Teaching Service to be reason, the Bill provides for the nominated by the Director. The pre­ allocation of extra water rights, on sent provision for two members to be the current scale, until 1971. How­ elected by the teaching staffs of the ever, two minor amendments to affiliated colleges is not disturbed. Schedule 3B of the Water Act 1964 are proposed. The first of these On the motion of Mr. SUTTON deletes the special provisions in (Albert Park) , the debate was regard to lands adjacent to the adjourned. Broken and Nine Mile creeks. The It was ordered that the debate be second provides for the inclusion in adjourned until Tuesday, February the Goulburn-Murray Irrigation Dis­ 28. trict of lands adjacent to the Waranga western main channel, which have been supplied under WATER (AMENDMENT) BILL sales conditions for many years. In (No.2). this regard, however, it has been Mr. DARCY (Minister of Water drawn to my attention that the sub­ Supply) .-1 move- stituted item 6 of Table I., as printed That this Bill be now read a second time. in the draft Bill, will require minor amendment. This Bill proposes six amendments to the Water Act, the most important Until the Commission has con­ of which provides for the extension ferred with each landowner regard­ of the current extra water right ing the portion of his property he formulae for a further four years, wishes to have included in the until 1971. Section 65AB of the district, and until this land has been Water Act provides that the Com­ classified as to its suitability and mission may, in appropriate circum­ commandability for irrigation, the stances, apportion extra water rights Commission will not be in a position to lands in its irrigation districts and to define the precise area which areas, in quantities necessary for the should be included in the district. reasonable irrigation of such land. Therefore, at this juncture, the plan Because of the legal difficulty of referred to in this item can show interpreting the phrase "reasonable irrigation ", the Water Act 1964 intro­ only the whole of each property duced a schedule setting out a series where water is at present being of formulae stipulating the extra supplied under sales conditions and water rights available to properties in only an appropriate portion of this the Commission's irrigation districts property will ultimately be included Water (Amendment) [22 FEBRUARY, 1967.] Bill (No.2). 3071 in the district. An amendment to with Orders in Council and other item 6 to provide for this will be formal documents, in lieu of the in­ introduced at the Committee stage of volved technical descriptions which the Bill. are now used to identify the boun­ daries of the land or works defined Another amendment will permit the in such documents. Commission to transfer lands ac­ quired for any project, but surplus to A further amendment provides for its requirements, to a landowner transfer to the Capital Expenditure from whom land is to be acquired Borne by the State Account of part for the same project. In this matter, of the expenditure on water supplies the Commission will be able to assist to certain small country towns. The dispossessed landowners by provid­ amounts transferred will provide the ing compensation in the form of a assistance to which these towns are land exchange, instead of on a entitled in accordance with the monetary basis. The Act at present Government's policy; they are requires the Commission to sell amounts which were not transferred surplus land by public auction, ex­ within the six-month time limit cept in specific circumstances which specified in the annual loan applica­ are not sufficiently elastic to embrace tion Acts which authorized the ex­ cases of the nature covered by the penditure. I commend the Bill to the proposed amendment. To quote an House. example of the need for the amend­ ment, let us suppose that land has On the motion of Mr. WILKES been acquired from two landholders (Northcote), the debate was ad­ for the construction of a dam. The journed. first landholder may not have It was ordered that the debate be sufficient land left for his purposes, adjourned until Wednesday, March 8. but this land may be suitable for the adjoining landholder. It is con­ sidered unfair that that land should LAND (AMENDMENT) BILL. be sold by public auction and reason­ Mr. BALFOUR (Minister of Lands). able that the second landholder -I move- should have the opportunity of ac­ That this Bill be now read a second time. quiring it by treaty from the Com­ mission. The main purpose of this Bill is to amend the conditions relating to im­ A further amendment will enable provement purchase leases. These the Commission to make by-laws to leases are allocated by the Lands control the salinity standard of water Department for virgin Crown lands which is introduced into its channels, which are developed by the lessee drains or watercourses. Such by-laws from his own resources, and should are necessary to safeguard the not be confused with leases issued quality of irrigation water supplied by the Rural Finance and Settlement to other properties from these Commission for lands partly deve­ sources or from the rivers or streams loped by the Commission, such as at which the effluent discharges eventu­ Heytesbury. Other matters dealt ally reach. with in the Bill are the application of The remaining amendments are the improvement purchase lease pro­ visions of the Land Act to certain generally of a machinery nature. One closer settlement lands; amendments is necessary to confirm the Govern­ relating to the regulation-making ment's policy whereby interest on the powers in the Land Act; the up­ capital cost of drainage works is not dating of provisions relating to taken into account in the determina­ punitive matters; and the application tion of a drainage rate. Another will of certain leases at present restricted allow official plans, lodged with the to rural areas to the metropolitan Commission, to be used in connexion area. 3072 Land (Amendment) [ASSEMBLY. ] BiU.

Some of the conditions relating to present Act for the lessee to estab­ improvement purchase leases have lish his permanent home on the land proved to be unsatisfactory, both to before the end of the initial period the Crown and to the lessee. Many of six years, or within such further honorable members will no doubt time as the Minister in any particu­ recall the introduction by this lar case may specify before the ter­ Government of the Land (Improve­ mination of the initial period. ment Purchase Lease) Bill in 1956 At present, if it is considered and its subsequent enactment. It is, that the land is not capable of therefore, just over ten years since being developed to a living area, the legislation was enacted. When it is competent for the lessee the legislation was introduced, my to live within 20 miles of the predecessor as Minister of Lands, the land, provided that his permanent Honorable Keith Turnbull, M.L.A., home is established on other land referred to the shortcomings of the owned by him. This linking of selection purchase lease system, the the potential of the land as a most serious of which were the living area with the need for limitation in acreage and the inability the establishment of the permanent of the lessee to mortgage his interest home on the farm has proved in the lease during the first six years to be faulty. Whilst at first sight of the lease to obtain finance to a living area and a permanent home develop the land. The Minister said seem to have a practical affinity, that the main intention behind the present day trends, social habits and introduction of the improvement farm management make it impossible purchase lease system was " to to apply this principle in a general attract energetic land seekers who way. Where farm management will undertake the task of developing allows, farmers tend nowadays to land without financial aid from the congregate in small or, where they Government" . exist, large townships and commute to their farms every day. In rela­ I think it is safe to say, with tively intensively operated land, such certain reservations to which I shall as vineyards, orchards, and dairy refer later, that to date the opera­ farms, farm management at close tion of this system has been satisfac­ proximity dictates that farmers live tory, and some hundreds of farms on their land, but in activities relat­ have been developed or are in process ing to sheep, cattle and wheat farm­ of being developed which would not ing a pronounced tendency to-day is otherwise have been brought into for the farmers to congregate in production. Since the passing of townships or villages. This enables the Land (Improvement Purchase children to be close to schooling Lease) Act, about 250,000 acres of without undue travel, farmers to give land comprising some 720 individual more time to their farming activities, areas have been proclaimed available and for housewives to be closer to for settlement. In fact, about 8,000 shopping and community services acres in thirteen blocks are at present without isolation. awaiting allocation by local land The present residence condition boards. However, certain difficulties precludes this practice and often have been experienced and a number forces a man to spend on an un­ of anomalies have been disclosed necessary dwelling a large amount of capital which could more profit­ during the administration of the Act, ably be applied to obtain production. especially over the past five years. Few applicants have or can arrange One of the main troubles is the the finance to develop in the initial existing residence covenant of the six-year period the leasehold to a improvement purchase lease. If an state where it would support a man area is regarded as a potential living and his family. Usually, a lessee area, it is mandatory under the must have some outside source of Mr. Balfour. Land (Amendment) [22 FEBRUARY, 1967.] RiU. 3073

income to finance the development, latter extension is that in the remoter and often this takes the form of work parts of the State, particularly in the or sharefarming either close by or Mallee and the Wimmera, the bulk some distance away. The tendency of the land likely to be available is for the lessee to continue in his under improvement purchase lease existing residence, wherever it is. conditions is beyond 25 miles from When it comes to taking up residence a township or village area. on the block before the end of the sixth year, many have found that The Bill also provides for the they did not have the finance to do clarification of the definition of land so even though they might have improvements. Certain aspects of agreed and fully intended to live on the term "land improvements" have the land. It is difficult to justify the proved a little difficult to administer, expenditure of money required for and the amendments provide for a a dW'elling when a lessee may already minimum value instead of a minimum have a suitable residence within a area of land improvement to be reasonable distance and any finance specified before a lessee is considered he can obtain at this stage is better as having complied with the improve­ spent on development. ment covenant of the lease. In administration, it has been found in It is fair to say that the day of some instances that a lessee has the selector living in a bark hut, cleared, shall we say, up to a quarter hacking out his farm with an axe or a third of his block because that from the wilderness, has passed, and was the area which was considered to-day people generally prefer and necessary to develop before the end have a right to live near schools, of the six-year period. In many townships, local government facili­ cases, well intentioned lessees have ties, and so on, and have the same spent a good deal of capital in clear­ amenities as are enjoyed by other ing such a large area of land but have citizens of the State. not had sufficient capital to follow up In the early days of selection, when and cultivate or sow the cleared land residence on or within 5 miles was to pasture. Others have concen­ required, such a distance was about trated on a smaller area and made it an hour's journey by a horse-drawn productive, but have not then mea­ vehicle. To-day, in a motor car, a sured up to the target area set as the man can travel easily six times and criterion for complying with the more this distance in the same time. improvement convenant of the lease. If a lessee could reside on or within Surely if a man has spent, say, 5 miles in the days of the selection $10,000 on improvements, his lease purchase lease, it does not seem fair should not be cancelled because he to compel an improvement purchase has not actually cleared the target lessee to reside on the block these acreage set down. days. The third main amendment to the Accordingly, the amending Bill improvement purchase lease condi­ provides for the residence condition tions of the Act is the removal of the to be entirely divorced from any eligibility bar. At present a person economic consideration of the poten­ is not eligible to obtain an improve­ tiality of the land as a living area. ment purchase lease if he is the Compliance with a residence condi­ tion will be considered satisfactory owner of other land which, together if a lessee personally resides for with the land for which he has three years of the first six years of applied, is of a total unimproved the lease within 25 miles of the value of more than $15,000. The leased land or within such greater amending Bill removes this ceiling distance as is specified by the altogether. This will permit land, Governor in Council but not exceed­ which requires considerable capital ing 50 miles. The reason for the and knowhow to develop, to be 3074 Land (Amendment) [ASSEMBLY. ] Bill. granted to persons capable of deve­ capable of bringing it into production. loping it profitably and quickly. This must be the basis of a success­ Some honorable members may have ful Crown land development policy. misgivings about this proposal The removal of the ceiling will as there has in the past always been place more responsibility on local some upper limit. A number of land boards in recommending to the cases have come before me as a Minister the most suitable person result of recommendations of show for the grant of a lease, but, in this cause boards which have been set up regard, because of the integrity of to investigate why lessees have failed the local land board system, I have to comply with the conditions of the no fears. In fact, a number of minor lease. amendments in the Bill will Quite a number of well-meaning strengthen the powers of these farmers have found themselves in boards. difficulties by not having sufficient capital to develop certain difficult Further responsibility will devolve lands in the early stages of develop­ on the Minister, because the pro­ ment. I think honorable members posed amendments do not inter­ will agree with me that a disservice fere with the provision in the earlier is being done to the farming com­ Act that the actual granting of a munity if people with insufficient lease is effected by the Governor in capital are permitted to take up Council on the recommendation of difficult land to develop. Nowadays the Minister. Existing legislation a farmer converting virgin bush into provides that a lessee can freehold a farm must have access either to the area which is the subject of his large-scale clearing machinery or to lease after an initial period of six the capital to have the work done by years, provided that he has complied contract. with all the covenants and con­ ditions of the lease and pays the By and large, the remaining Crown balance of the purchase money and land which can be made available fees. under improvement purchase lease is problem land. Certainly, a lot of it Because of the erosion hazard in­ can now be used with modern techni­ volved, in some areas the Soil ques, but these very techniques Conservation Authority has been involve the use of up-to-date and reluctant to agree to the proclama­ expensive capital equipment to effect tion of certain lands for application development reasonably quickly. under improvement purchase lease. Another factor is that from time to The amendments proposed in this time quite a number of small areas Bill will permit a lessee to take out which become available are not large a freehold at any time after the enough to be developed into living expiration of the initial period of six areas. They can be dealt with only, years where there is no erosion say, by an adjoining or nearby hazard, but, where there is an erosion farmer. Many such farmers, we have hazard, provision is made that a found, have been ineligible because of the $15,000 ceiling, and the Depart­ Crown grant may not issue until after ment finishes up by not allotting the the expiration of a period of at least land at all because it is of no use twelve years or such longer period granting a non-living area to a settler as the Minister determines, after con­ unless there is a reasonable prospect sultation with the Soil Conservation of his obtaining in due course addi­ Authority, before the land is pro­ tional land to make an economic claimed. This should enable the living area. opening up of considerable areas, The Government believes that if particularly in the north-western Crown land is to be made available division of the State, for development it must be granted to people who are under improvement purchase lease. Mr. Balfour. Land (Amendment) [22 FEBRUARY, 1967.] Bill. 3075

There is a considerable· area of Clause 3 repeals the existing Crown land which is subject to the Division 10 of Part I. of the Land Act, provisions of the Closer Settlement and substitutes a new Division 10 Act 1938, because advances were which encompasses all the proposed made many years ago by the Gov­ amendments to the improvement ernment to establish improvements purchase lease provisions. Section on the land. In some cases this land 152 of the principal Act is amended has reverted to the State and, under by providing for the definition of present legislation, it cannot be dealt certificates of compliance and in­ with except under the old Closer cluding a definition of the word Settlement Act, the provisions of " occupy" which contains a residence which are quite different from those condition within its compass. There relating to improvement purchase is little alteration to section 153-for leases. An amendment provides for instance, the expression "purchase this land to be brought under the price" has been used instead of the improvement purchase leases con­ word "valuation", which is not ditions of the Land Act. appropriate. Sub-section (3) of Other amendments not connected section 153 has been brought up to with improvement purchase leases date by the inclusion of the Soldier provide for the up-grading of certain Settlement Act and the Land Settle­ penalties for false statements, un­ ment Act, and refers to the Rural authorized occupation of Crown Finance and Settlement Commission, land, trespass on Crown land, whereas the existing Act refers to depositing of rubbish on Crown the Soldier Settlement Commission. land and removal of timber from Section 154 provides that the only Crown land, and penalties for offen­ ces against regulations with respect qualification necessary is that a to reserves. A further amendment, person must be over the age of which is similar to a provision in the eighteen years. The "anti-dummy­ Forests Act, empowers a Court of ing" provision is still included-it Petty Sessions to order the removal is provided that applicants for leases of certain unauthorized buildings on shall not act directly or indirectly Crown land. for any other person. Section 155 Finally, this amending Bill brings has been amended by substituting all regulation-making powers under value for area and where improve­ one section of the principal Act. The ments are concerned, certain words Subordinate Legislation Committee have been included to "tidy up " the has directed attention to the neces­ wording for purposes of administra­ sity for the consolidation of the tion. In principle, no alteration has regulations for purposes of the been made to the section. Except administration of the Act. for the clarification of certain words, section 156 has not been altered. Clause 1 recites the short title and relates it to the Land Act 1958. Section 157 has been amended to Clause 2 clarifies doubts as to the provide that where the lease con­ operation of certain sections of the tains a condition for the prevention Land Act to Mallee country and of soil erosion, the lessee shall not validates any Crown grant or lease automatically be entitled to a Crown about which some doubts may have grant at the expiration of the initial been expressed. It also strengthens period of six years, but shall be so certain provisions relating to local entitled after such longer period as land boards and rela tes them to may be fixed before the lease is existing practices. Finally, it extends granted. Section 158 is unchanged the scope of certain leases from only except for some "tidying up" of rural areas to include the metropolis. wording. . 3076 Land (Amendment) [ASSEMBLY.] Bill.

Section 159 has not been altered Clause 8 of the Bill brings all the in principle. The wording has regulation-making powers under sec­ been clarified and provides that, tion 413 of the Act. The Governor in following forfeiture of a lease, Council is empowered under this where land is again leased under section to make regulations for all the improvement purchase lease, the matters that appear to be required or Minister may, if he thinks fit, add necessary to enable the land Acts to to the rent of the land so leased an be carried into effect. Clause 9 amount equal to the value of any amends section 26 of the Closer Set­ improvements of a permanent nature tlement Act 1938 to enable certain thereon. This has become necessary lands subject to this Act to be because of doubts whether a valua­ brought under the improvement pur­ tion of improvements may be legally chase lease condition prescribed by collected from an incoming lessee. Division 10 of the Land Act. Section 160 has been reworded to I shall be pleased to endeavour to make it more understandable by lay­ answer any questions relating to the men. The underlying principles are Bill and, if any member requires any the same as those of previous legis­ additional information, I shall do my lation, but it is hoped that the present best to furnish it to him at the wording will be much easier to under­ earliest possible opportunity. I com­ stand and to explain to a lessee, and mend the Bill to the House. will make it easier for departmental officers to administer this section. On the motion of Mr. WILTON There is no major alteration to sec­ (Broadmeadows), the debate was tion 161 or section 162, although adjourned. there has been included a new sec­ Mr. BALFOUR (Minister of tion 162A which is identical in word­ Lands) .-1 move- ing to sub-section (2) of section 162 That the debate be adjourned for two of the principal Act. weeks. Clause 4 of the Bill enables holders Mr. WILTON (Broadmeadows).­ of subsisting leases to obtain the I assume that the Minister will grant grant of fresh leases at no disadvant­ an extension of the time if requested age to themselves and provides for by honorable members. This is a the continuation of any subsisting comprehensive Bill, and consideration lease where a holder does not wish to of it will entail quite a lot of research. take out a new lease. Clause 5 pro­ vides for the validation of all sub­ The SPEAKER (Sir William Me­ sisting leases of land in the Mallee Donald).-The comment of the country under Division 10. Clause 6 honorable member for Broadmeadows amends the principal Act in various is in broad terms. He merely sug­ ways but mainly by increasing the gested that the Minister should, if maximum penalties to accord with requested, extend the period of those provided in allied legislation. adjournment of the debate. In the interests of good administration, and Clause 7 provides for the insertion having regard to the shortness of this of a new section 188A empowering sessional period, I ask the Minister Courts of Petty Sessions to order re­ to be specific. moval of unauthorized building on Crown land. The present provisions Mr. BALFOUR (Minister of of the Land Act are ineffective. It Lands) .-Originally, I intended to is significant that the Crown Solicitor, suggest that the debate be adjourned when requested to take legal action for one week. However, I realize that in these circumstances, seldom in­ this is a most important Bill and vokes the Land Act, because of its that members of the Opposition and present unsatisfactory provisions. of the Country Party will require Mr. Balfour. Legal Aid [22 FEBRUARY, 1967.J (Amendment) Bill. 3077 some time to study it. Any infor­ Victorian Bar Council and two by the mation that honorable members Council of the Law Institute of Vic­ require can be obtained without their toria. A quorum for a meeting of the making inspections or suffering any committee at present stands at three hardship, and I suggest that an members, and therein lies one of the adjournment for two weeks should problems the Bill seeks to overcome. be sufficient. However, as is always Membership of the committee or of the case, if members are not ready the constituent organizations is volun­ to proceed with the debate on the tary on the part of the representatives due date, the Government will try to of the practitioners who do the work, meet their convenience. and occasionally business commit­ The motion was agreed to, and the ments have prevented the attendance debate was adjourned until Wednes­ of a quorum. The work of the com­ day, March 8. mittee has made very heavy demands on the time of the members and it LEGAL AID (AMENDMENT) BILL. seems likely to increase in the future. With a quorum of three, of the mem­ Mr. WILCOX (Minister of Labour bership of four, there is very little and Industry) .-1 move- latitude in the matter of attendance That this Bill be now read a second time. at meetings. This short Bill has two purposes-to Mr. WILK'Es.-And they work at increase the membership of the Legal night. Aid Committee from four members to eight members and to provide for Mr. WILCOX.-Yes. To ease the Six-monthly divisions of the moneys burden on the committee, the Bill available for distribution under the proposes a membership of eight with Act among participating practitioners. the quorum remaining at three. This The Legal Aid Committee, which should result in a wider distribution was set up under the auspices of the of the work and an increase in the legal profession, provides a means of frequency of meetings through less giving legal aid to people who may involvement of each of the members, not be able to pay for it. Legal work and less chance of abortive meetings is undertaken voluntarily by members because of the absence of a quorum. of the profession, with the qualifica­ Under section 9 of the Legal Aid tion that, if an assisted client is suc­ Act 1961, an annual distribution is cessful in his action and has costs made of the total of all costs received awarded to him, the money received or recovered by the committee and as a result shall be placed in a fund all moneys paid by assisted persons from which, in due course, disburse­ towards costs. I point out that some ments are made to participating prac­ assisted persons make contributions, titioners in proportions determined and it is part of the work of the com­ by the committee. Up to date, the mittee to deal with them. However, distribution has been made at twelve­ assisted people are not required to monthly intervals. contribute if they cannot afford to Mr. WILKES.-The lawyer had to do so. wait twelve months for his money? As the moneys come in during the Mr. WILCOX.-Yes. The effect of course of a year, they are paid to a this Bill will be to reduce that period special trust account and at the end to six months ; there is no reason why of the financial year are distributed a distribution cannot be made before among solicitors and counsel assist­ the expiration of twelve months. ing in the legal aid scheme. Com­ Under section 3 of the Legal Aid Act plaints have been received from 1961 a Legal Aid Committee is con­ participating practitioners that the stituted, consisting of four members, delays involved in annual distribution of whom two are appointed by the are excessive and unfair. I can 3078 Legal Aid (Amendment) Bill. [ASSEMBLY.] Social Welfare (Detention) Bill. understand the complaints, because SOCIAL WELFARE (DETENTION) a wide range of members of the pro­ BILL. fession participate in the work and Mr. MANSON (Minister of State many of them can ill-afford to wait Development) .-1 move---- a long time for any money due to That this Bill be now read a second time. them. Moreover, they do not receive payment to the full This is a brief Bill to amend section value of the work they perform. 46 of the Social Welfare Act 1960. In the light of those complaints and Sub-section (2) of section 38 of that to preserve the goodwill of partici­ Act provides that, upon the recom­ pating practitioners, the committee mendation of the Adult Parole Board has recommended that six-monthly or the Director-General of Social distributions be authorized. The com­ Welfare that it is appropriate in the mittee would have no serious prob­ interests of any young person im­ lems in making the distribution twice prisoned in a goal that he should be as frequently as before. transferred to a youth training centre, the Minister may direct that such Clause 1 is the usual citation young person shall be transferred to elause. Clause 2 amends the mem­ a youth training centre. bership provisions of section 3 to Instances occur where further increase the membership of the Legal charges, usually arising out of the Aid Committee from four to eight breach of probation, are heard by the without raising the quorum require­ court against a transferee after his ment. Under the Bill each of the transfer. When it is known that the constituent bodies-the Bar Council young person has been transferred and the Law Institute-will appoint to a youth training centre, the court four members. Clause 3 amends sec­ may desire to impose a sentence of tion 9 of the Act to make provision detention in a youth training centre. for twice-yearly distribution of the However, in the opinion of the moneys to the credit of the special Crown Solicitor, the court is pre-. trust account. eluded from doing this by the pro­ visions of section 46 of the Social . I thought it would be helpful if Welfare Act 1960. This section pro­ I outlined the background of this vides that no young person who is legislation and indicated that, taking convicted of any offence while he everything into account, the legal aid is serving a term of imprisonment of scheme, which was instituted by the more than three months, or of an legal profession after Parliament offence which is committed whilst had passed the enabling legislation, he is on parole from a gaol pur­ has been working quite successfully. suant to the provisions of Part IV. Rarely in this House am I allowed of the Crimes Act 1958, shall be to forget the failings of members of sentenced to detention in a youth the legal profession, hence I am glad training centre for any such offence. to have the opportunity of directing The Crown Solicitor is of the the attention of honorable members opinion that the transfer of a young to the very good work being done person to a youth training centre by the profession in providing legal pursuant to sub-section (2) of aid in certain circumstances. I com­ section 38 does not transform the mend the Bill to the House. sentence of imprisonment into one of detention in a youth training On the motion of Mr. WILKES centre. The result is that if the sen­ (Northcote), the debate was ad­ tence of imprisonment is of three journed. months or more the court is pre­ eluded by the operation of section 46 It was ordered that the debate from imposing a sentence of deten­ be adjourned until Wednesday, tion on the hearing of a subsequent March 1. charge. Mr. Wilcox. Zoological [22 FEBRUARY, 1967.J Gardens Bill. 3079

The amendment will enable the Zoological Gardens for members of court to impose a sentence of deten­ the Liberal Party Government; they tion in a youth training centre of might then have lost their usefulness any young person transferred from in this House. Country Party mem­ prison to a youth training centre. bers support the Bill because it will The Act will retain the provision that modernize the control of the Zoolo­ the court may not impose a sentence gical Gardens. I could spend some of detention on a youth serving a time in criticizing several of the sentence of three months or more clauses, but I shall reserve my in a prison or on parole from a prison further remarks until the Committee pursuant to the provisions of the stage. Crimes Act 1958. Accordingly, the original purpose of the section, that Mr. CLAREY (Melbourne).-First, persons with substantial prison ex­ I apologize for my late appearance; perience should be precluded from I was not aware that the Bill was to detention in a youth training centre, be dealt with at this stage. I am will still obtain. I commend the Bill somewhat critical of the fact that to the House. members are faced with a mass of legislation that is to be rushed On the motion of Mr. WILKES through in the remaining few weeks (Northcote), the debate was of the life of this Parliament. adjourned. I do not know why the Govern­ It was ordered that the debate be ment suddenly decided that this Act, adjourned until Wednesday, March 1. which has been in existence for 30 years, must be amended and brought up to date. I have a copy of the 1936 ZOOLOGICAL GARDENS BILL. legislation which the Minister, in his The debate (adjourned from Feb­ explanatory speech, described as ruary 14) on the motion of Mr. archaic. That Act brought something Manson (Minister of State Develop­ more archaic up to date because it ment) for the second reading of this referred back to the Government Bill was resumed. Gazette of the 20th October, 1876. Mr. MOSS (Leader of the Country At that time, there was apparently Party) .-This Bill is designed to practically no legislative control over reconstitute the administration and the conduct of the Zoological and control of the Zoological Gardens. Acclima tisa tion Society. The existing Act was sponsored in It has been observed that a number 1936 by a Country Party Govern­ of the provisions of the 1936 Act ment. Over a long period, the honor­ have not been implemented. I do not able member for Gippsland South propose to go through the Bill in carried out valuable work as a mem­ detail, but wish to point out that I ber of the Zoological Board. Since do not approve of the continuance of the present Act was passed, vast an archaic institution such as the changes in thinking have occurred Zoological Gardens. However, I in regard to zoological gardens and suppose Parliament has no option similar institutions. Consequently, but to accept the Bill. the Government is to be commended for endeavouring to bring the legisla­ I have read the debate that took tion up to date. place in this House in October, 1936, before the relevant Bill was enacted. It has been stated that, in the It may surprise honorable members future, visitors to the Zoological Gardens will be in the cages and to learn that, including the period of that the animals will be roaming in adjournment, the debate spread over natural surroundings. Possibly, after three or four weeks and a number of the forthcoming elections, accom­ members expressed differing opinions. modation will be required in the A suggestion was made that the 3080 Zoological [ASSEMBLY.J Gardens Bill.

Zoological Gardens should be shifted ported monkeys disporting them­ to Studley Park and re-established selves. If there is a change of along the lines of Taronga Park in Government at the next elections and Sydney. Objections were raised to I am appointed Treasurer, I shall see that proposal because it was claimed that the funds granted to the Zoo­ that fog from the Yarra river would logical Board are expended in a affect some of the animals. There better manner. was also some argument as to who I obtained a copy of the Board's should be the director, and so forth. annual report from the Under Sec­ I could quote from some of the rather retary; I could not obtain a copy from humorous speeches that were made the Papers Room. The report dis­ at the time, but I do not wish to closes that at least 551,000 persons weary honorable members. visited the Zoological Gardens last This Bill will re-enact the 1936 Act year. in modern form. I am not concerned Sir HERBERT HYLAND.-In that whether the number of members of case, why does the Government have the Zoological Board should be in­ to provide the Board with so much creased or otherwise. money? Because the Zoological Gardens Mr. CLAREY.-I am wondering are in my electorate, I was about that point, too. It is proposed asked to handle this Bill on behalf that the Zoological Board shall be of the Opposition. As Paul said, empowered to grant free passes to when I was a child, I did childish up to 50 persons a year. Members things. When I became a little older, of Parliament are not mentioned, I did not visit the Zoological Gardens although I understand that a mem­ on Sunday afternoon to see the polar ber's gold pass will admit him to the bear swimming in the pool or to see Zoological Gardens-but I do not the lions fed. This Bill must be know whether it will let him out. passed, unless it is proposed to abolish the Zoological Gardens. I am not concerned about the I would be in favour of such number of members who will consti­ a proposal. The gardens occupy an tute the Zoological Board. It is pro­ area of 50 acres close to the city. I posed that one member shall be a do not know whether honorable councillor of the Melbourne City members have received a copy of the Council. The Bill does not provide Board's report, but apparently the that the honorable member for Mel­ Zoological Gardens are quite popular. bourne, who represents the area in which the gardens are situated, Last year, the Government granted shall be a member of the Board. to the Zoological Board the sum of Although it would like to see cer­ $50,000 from loan funds to provide tain steps taken, the Opposition new pens for lions. I represent the does not propose to obstruct the area, but was not invited to the passage of the Bill. One or two opening ceremony, although acco~d­ members of the Opposition may ing to newspaper reports the ChIef disagree with me on the question of Secretary attended. The provision of whether there should or should not new pens did not prevent one lion from be zoos. Those members are entitled killing another a few weeks later. In to express their opinions, although the past few years, the Government they will not necessarily be those of has made an annual grant of $23,000 the Opposition. to the Board. If the Zoological Sir HERBERT HYLAND (Gipps­ Gardens are to be retained, they land South) .-Some amazing things should be converted into some kind can be said about the Zoological of reserve for native fauna. I do not Gardens and about this Bill. With Sir see any educational value in children Herbert Olney and the father of the visiting the zoo to see a few im- honorable member for Flemington, I Mr. Clarey. Zoological [22 FEBRUARY, 1967.J Gardens BiU. 3081 served in an honorary capacity for should receive a report from the new nine years as a member of the Board. There should not be a " hush­ Zoological Board. Sir Herbert Olney hush" report to the Minister, the and I visited the Zoological Gardens chairman, or somebody else; Parlia­ on two Sundays out of three check­ ment should be told how the money ing up on the work being carried out. is being spent. I was unpopular with the men be­ When I was a member of the cause I stood no humbug. When Board, the admittance charge was 6d. animals and birds were brought to for adults and 3d. for children. There the zoo in cases and placed in the were also circus shows, the admis­ cages, the cases were just dumped sion to which was Id. The present behind the cages. Thirty-six years charge is 50 cents for adults-that ago, 30 truck loads of old cases were may have increased; I do not know distributed to the unemployed for and the Minister cannot tell me. Last firewood. year, 550,000 people visited the zoo, The father of the honorable mem­ which means that an enormous ber for Flemington represented the income was derived. In spite of this Labor Party, Sir Herbert Olney repre­ income, the deficit increased last sented the Liberal Party, and I repre­ year. sented the Country Party on the A Bill of this nature is rushed into Board. A number of professors were the House, and members are ex­ also members, but they were seen pected to know everything about it; only at the meetings once a month. I they are not even given a copy of the believe zoos should be abolished, but report. if the Zoological Gardens are to be maintained in Victoria, they should Mr. CLAREY.-I contacted various be raised to the highest possible Departments before I obtained a copy standard. When I became Chief of the report from the Chief Secretary, there was at the Zoo­ Secretary's Department. logical Gardens no hospital or Sir HERBERT HYLAND.-Mem­ storage for goods, but the Board set bers should be supplied with copies out to effect improvements. When I of the report. The zoo should be con­ first attended a meeting of the Zoo­ ducted on a proper basis to ensure logical Board, I was told that no debts tha t the animals and birds are pro­ were owing, but after approximately a perly cared for. Members will recall month, an old debt of £25,000 was an elephant named Queenie killing resurrected. During my nine years' her keeper because he failed to do the membership of the Board, that debt right thing. Many years ago, the was paid off. When Sir Herbert Public Works Department was asked Olney, the late Mr. Holland and I to design and construct cages for left the Board, there was a credit wading birds, but the cages were so balance of £5,000. Provision should high that the eagles were put in them. be made in this Bill to direct the Many persons, especially hotel newly-appointed Board to report to keepers, who owned white-crested Parliament on its present financial cockatoos which cursed and swore, position. left them at the zoo whilst they were Mr. MANSoN.-There is a printed supposed to go overseas. At one report in front of you. stage, there were nearly 200 such birds at the zoo, and many com­ Sir HERBERT HYLAND.-As the plaints were received from old honorable member for Melbourne ladies about the language used by stated, last year the Government pro­ the cockatoos. Those are the sorts vided an amount of $50,000 from of things that went on at the zoo. loan funds and a sum of $23,000 from I ask the Government to consider revenue for the zoo. If public money the possibility of holding an inquiry is to be spent in this way, Parliament into the working of the zoo. Even at 3082 Zoological [ASSEMBLY. ] Gardens Bill.

Taronga Park there has been trouble, not be observed. We should be and Sir Edward Hallstrom, who over informed about what is going on in the years donated about $1,000,000 to relation to matters that are raised. that zoo, has resigned from the Taronga Park Zoological Trust. We The motion was agreed to. do not want any trouble at our zoo. The Bill read a second time and We want the animals and birds committed. looked after properly, but it is diffi­ cult to look after the number of Clause 1 was agreed to. animals there. For example, there Clause 2 (Repeal of Act No. 4431). are six or eight lions, whereas two or three would be sufficient for the Mr. MANSON (Minister of State purpose. In the old days, a draught­ Development) .-1 was interested in horse could be bought for about £1 the remarks of the honorable member and it would provide a day's meal for Gippsland South during the for the lions, but prices are much second-reading debate. The honor­ higher now. able member took us back over some 30-odd years and told us about all I am sure that most of the 550,000 the marvellous things he did when he people who visited the zoo last year was in charge of the zoo. I was also went there only to enable their interested to learn that at one stage children to go on the merry-go-round the honorable member was Chief and enjoy the other attractions, and Secretary of this State. I point out that most of them were not interested that although he had great plans in the animals and birds. We must when he was in charge of the zoo, support this measure, but I know that he did nothing whilst he was Chief we shall not receive any answer from Secretary. I want that placed on the the Government on the points I have record. raised. I have written three or four letters on this subject and am still The honorable member asked me writing to Ministers on various two specific questions-first, whether matters, but have not received replies the Government would hold an from some of the honorable gentle­ inquiry into the working of the zoo. men. The Government's answer is "No ", because it is not necessary. The zoo Perhaps the chief " criminal" is working very well, and the Govern­ in this regard is the Minister of State ment is quite happy with the Board Development who is in charge of the of management and the members of Bill. The Premier stated that honor­ the various committees. The Govern­ able members would receive a reply ment has received no complaints, as from the Minister concerned in happened in a sister State to which respect of any matters that they the honorable member referred. The raised in the Supply or other debates, fact that there has been some trouble but this is not happening. What is in New South Wales is certainly no the use of asking the Minister reason why we should try to stir up whether the Government will hold an trouble in Victoria. inquiry or whether it is quite happy Having been difficult in reply to simply to hand over money to the the first matter raised by the honor­ Zoological Board as it does now, if able member for Gippsland South, I we do not receive answers to ques­ shall be helpful in regard to his tions posed? second point. The honorable mem­ ber complained, with some justice, I want the .House to receive the tha t he had not seen a copy of the information to which it is entitled. report of the Zoological Board of Because the Government has an Victoria. I now publicly give an absolute majority is no reason assurance that every member of this why the rights of the minority should Parliament will receive a copy of next Sir Herbert Hyland. Zoological [22 FEBRUARY, 1967.] Gardens Bill. 3083 year's report when it is printed. 1 deavouring to assist the working of think this is only fair and proper. the zoo. As 1 have said, 1 am not It is a matter for honorable members in favour of such institutions. The themselves to decide whether they Minister of Immigration interjected, will be content to receive a roneoed " At the zoo ", and 1 have mentioned copy of the report before it is printed, my record, which 1 do not think can so that they may do their "home­ be beaten. No other member of this work" on it, or whether they would House has given that sort of service prefer to wait and receive a copy for nine years in either an honorary of the lavishly printed and illustrated or any other capacity. 1 think the document when it is available. 1 records will show that 1 did a fairly repeat that if 1 still hold my portfolio successful job. During my term as after the 29th April, every- member Minister, the building of the estab­ will receive a copy of the Zoological lishments on French Island com­ Board's report. menced and use of the M-entone racecourse was discontinued. Sir HERBERT HYLAND (Gipps­ land South) .-1 understand that the Mr. ROSSITER.-This has no rele­ Minister of State Development wished vance to the zoo. to go on record as stating that when I was Chief Secretary 1 did absolu­ Sir HERBERT HYLAND.-This is tely nothing. 1 want to go on record what the Minister stated. as saying that the Honorable J. W. The CHAIRMAN (Mr. Christie).­ Manson is the greatest dud of a Order! 1 invite the honorable mem­ Minister that we have ever had in ber for Gippsland South, who has this Parliament. had so much experience in this place, Mr. ROSSITER.-Have you finished? to address the Chair and ignore interjections. Sir HERBERT HYLAND.-When a Minister insults one and makes a Sir HERBERT HYLAND.-But statement that he knows is not cor­ they are insulting. When the Minis­ rect, someone should hit back at him, ter at the table m-entioned the Chief as I am doing. I make no apology Secretary's job, as 1 understood it for doing so. The Minister stated he did not refer only to the zoo: tha t I did nothing, but the records Surely, in this place a member has in the Chief Secretary's Department a right to reply when a Minister tries will show definitely what was done to hit him under the belt. during my term of office. The CHAIRMAN.-Order! The hon­ Mr. ROSSITER.-At the zoo. orable member has every right to reply and he is exercising that right, Sir HERBERT HYLAND.-I gave but he should confine his remarks to nine years' service to the Depart­ ment, and the Minister who is inter­ the Bill before the Committee. jecting has not given nine seconds. Sir HERBERT HYLAND.-The The honorable gentleman was not Minister did not have the courtesy to here, and 1 shall forgive him, as he reply to the question 1 asked during knows no better. 1 wish to inform my second-reading speech. Will the the Committee, as 1 told the House, Government hold an inquiry into the that for nine years 1 visited the zoo operations of the Zoological Gardens on two Sundays out of three. 1 drove out in my own car and paid for my and ask the new Board which is to own refreshments. 1 think that is be established to report to Parlia­ a record of which one may be proud. ment on how money allocated to the The job was an honorary one, and Zoological Board is to be spent? there was no need for me to do what Mr. MANSON (Minister of State 1 did. I could have spent my Sundays Development) .-1 hope my record in like other Ministers, but I was en- this Chamber is one of never playing 3084 Zoological [ASSEMBLY.] Gardens Bill. politics or of being personal. If any­ Government can stand up to and, at thing I have said has annoyed the this stage, I am prepared to rest on honorable member for Gippsland that. South or he feels that he has been insulted, I retract every word and The clause was agreed to, as were every implication, and I humbly clauses 3 and 4. apologize. In the course of his Clause 5 (Membership of Board). speech, the honorable member in­ timated that he was not in favour of Mr. CLAREY (M-elbourne).­ zoos, and I tried to say that if he Clause 5 provides, inter alia- had held that view when he was (1) The Board shall consist of- Chief Secretary he had an oppor­ (a) the person for the time being holding tunity to do something about the the office of Director of Fisheries matter but that he did nothing. If and Wildlife; that statement has annoyed the (b) the person for the time being holding the office of Director of the honorable member, I withdraw it. I National Museum; and thought it was a reasonable com­ (c) nine other persons possessing appro­ ment, and the last reputation I want priate scientific or administrative to get is that of attacking anybody qualifications appointed by the about anything. . Governor in Council of whom- (i) one shall be an officer of the The honorable member then Lands Department or the challenged me and suggested that he Forests Commission or the asked a simple question, "Will the State Forests Department. Government hold an inquiry?", and (ii) one shall be a councillor of he claimed that I ignored him. I the council of the City of Melbourne nominated by thought I yelled my answer when I the council; said that the Government would not (iii) two (at least:"me of whom hold an inquiry. Simply because shall be a graduate in something happened in New South veterinary science) shall Wales is no reason for the Govern­ be persons appointed by the Governor in Council ment of Victoria to hold an inquiry. from a panel of not less In Victoria, the Board is functioning than five names (at least properly and successfully, and every­ two of which shall be those body is happy. The honorable of graduates in veterinary science) submitted to the member also suggested that I have Minister by the council of done nothing about informing him the University of Mel­ whether or not a report will be made bourne. to Parliament. That is practically the same Board as Mr. CLAREY.-The Bill does not is provided for in the 1936 Act. The provide for that. honorable member for Gippsland South implied that a new Board would Mr. MANSON.-Again, I thought I be appointed, but I imagine that the gave a firm assurance that the new Board will be the old Board. Government will ensure that every member of Parliament receives a Mr. MANSoN.-There is to be no copy of the report. I said that the change in the personnel of the Board honorable member for Gippsland at this stage. South could have a roneoed copy or Mr. CLAREY.-I cannot anticipate could wait until a printed copy is that, but I am wondering why the available. I do not think I am the Melbourne City Council should have world's best Minister, but I have tried a representative on the Board. In to be fair to everyone. If have said view of the fact that the Govern­ anything that has annoyed anybody, ment allocates a large sum of money I am sorry, but I have done the best to the Board, why is not a member of I can in the circumstances. I have this or another place who represents given as many assurances as the the area in which the Zoological Zoological [22 FEBRUARY, 1967.J Gardens Bill. 3085

Gardens are located to be on the to assist me. 1 then approached the Board? From time to time, 1 notice in Chief Secretary's Department, and 1 the Government Gazette that various was given a copy of the publication appointments have been made to the to which I referred, which must have Board. I do not know whether there been given to hundreds of people is any significance in the fact, but although it was not provided to the member for Melbourne has never members of Parliament. The report been approached to be a member of of the Zoological Board should be the Board. 1 probably would decline submitted not only to the Minister any such invitation because 1 do not but also to Parliament. believe in zoos. However, if Parlia­ ment is to allocate $23,000 a year to Sir HERBERT HYLAND (Gipps­ the Zoological Board, it should be land South) ...... --1 support the honor­ represented on that Board. 1 do not able member for Melbourne, whose know whether the Melbourne City suggestions should be favourably Council makes a contribution to the considered by the Government. Par­ Zoological Gardens. The annual liament must know what is being report of the Board merely done. The honorable member for states the opening and closing Melbourne stated that he could not balances, receipts for the year obta.in information from the Acting and so forth. It indicates that AudItor-General and that he obtained the Government grant was $23,000, a copy of a report from the Chief a Government loan of $50,000, pay­ Secretary's Department. Because the ments for the year of $425,000, an Government provides finance to the opening debit balance of $5,000 and a Zoological Board, its report should be closing debit balance of $10,000. presented to Parliament, and copies should be available to honorable The clause was agreed to, as were members. It is not my idea of good clauses 6 to 11. business for the Government merely Clause 12 (Board to keep annual to say, "It is only the zoo, and an accounts) . amount of only $50,000 is involved." Mr. CLAREY (Melbourne.)- 1 do not oppose this measure, but Clause 12 provides, inter alia- Parliament must know what is being done. More information than the (3) The Board shall on or before the thirtieth day of September in each year- incomings and the outgoings, built up (a) submit to the Minister a statement with a few platitudes, should be of the accounts audited by the provided. Governments of the past, Auditor-General including a full irrespective of political complexion, account of the income and expenditure of the Board; and were grateful for worth-while sugges­ tions. The present Government (b) present to the Minister a report of its activities and proceedings under merely states, "We are the Govern­ this Act up to the preceding ment; you can jump in the lake". thirtieth day of June. The Minister of State Development In order to make the position per­ should clarify the attitude of the fectly clear, I suggest that this clause Government. should be amended by the addition of the words "for presentation to Mr. MANSON (Minister of State Parliament" after the words " submit Development) .-1 thought I made it to the Minister" in paragraph (a) of clear that 1 had gone as far as I could sub-clause (3). The annual report to when 1 gave assurances that every which 1 referred gives only total honorable member would receive a receipts and expenditure; no details copy of the report of the Zoological are contained in the report. In Board as soon as it was available. 1 order adequately to debate this Bill, cannot commit myself further. 1 I sought information from the Acting shall certainly direct the attention of Auditor-General, but he was not able the Chief Secretary to the remarks of 3086 Zoological [ASSEMBLY.] Gf1rdens Bill.

the honorable members for Mel­ Gardens. Is there a provision in this bourne and Gippsland South, and I Bill to permit the Board to allow shall tell him how strongly they feel under-privileged children or children on this subject. I shall confer with from certain institutions to be ad­ him before the Bill goes to another mitted free of charge? place, and something may be decided. Mr. CLAREY.-That aspect is The clause was agreed to, as were covered in clause 17. clauses 13 and 14. Sir HERBERT HYLAND.-I shall Clause 15 (Issue of free admission reserve my remarks until clause 17 is passes to special categories of discussed. persons) . The clause was agreed to, as was Mr. CLAREY (Melbourne).-This clause 16. clause provides- Clause 17 (Regulations). (1) The Board may issue passes entitling the following persons to be admitted to the Sir HERBERT HYLAND (Gipps­ Zoological Gardens without charge when they are open to the public; namely- land South) .-When I was connected with the Zoological Board of Victoria, (a) any member of the Board (including his spouse and children); and it was the practice to allow mentally (b) any member of a prescribed animal handicapped children, neglected welfare organization, zoological children and children from certain institution, university or other pre­ institutions, to visit the Zoological scribed body who is engaged in Gardens free of charge. Further, any work relevant to the functions of the Board. soldier in uniform was admitted (2) Not more than fifty such passes shall without charge. Will paragraph (b) be on issue at anyone time and each such of sub-clause (1) permit this practice pass shall be valid only for a period of not to continue? more than twelve months as prescribed by the Board from time to time. Mr. CLAREY.-That is covered by section 15 of the principal Act. If there are nine members on the Board and each member is married Sir HERBERT HYLAND.-I can and has three or four children, the envisage that the various institutions limit of 50 passes would easily be would not be permitted by the reached. As a member of Parlia­ Government to spend money taking ment, I have never used my pass to children to the Zoological Gardens. gain entry to the Zoological Gardens. Before this Bill goes to another place, I know that honorable members are could not paragraph (b) be amended admitted not on the basis that they to enable the children to whom cannot afford to pay, but surely this I have referred to be admitted Bill should provide that members of a t the discretion of the Minister or the State Parliament should have the director of the zoo? During the right of free entry to the Zoological war years, 1 was placed in charge of Gardens. a number of servicemen from various Sir HERBERT HYLAND (Gipps­ warships and the administrators of land South) .-1 am not concerned Luna Park and the Palais picture about members of Parliament, but 1 theatre at St. Kilda threw open their am concerned about mentally re­ doors and admitted these men free of tarded and other under-privileged charge. They also provided one free children. Many years ago, when pass to each serviceman to take a girl I was a member of the Zoological friend. As a member of the Uncle Board of Victoria, I was given a gold Bobs' Club, I have helped children in pass. I have now lost this pass, but the electorate of the Minister of I never had occasion to use it. Immigration; I have played Father Several categories of children were .Ghristmas to them many times. admitted free to the Zoological Someone should have the authority State Savings Bank [22 FEBRUARY, 1967.J (Amendment) Bill. 3087

to admit the children I have men­ restating the provision. The amend­ tioned; I would not be concerned who ment to sub-section (2) of section 53 it was. is merely a consequential amendment. I commend the Bill to the House. Mr. MANSON (Minister of State Development).-I assure the honor­ On the motion of Mr. CLAREY able member for Gippsland South that (Melbourne), the debate was ad­ the Government believes that the journed. situation is adequately covered by It was ordered that the debate be the terms of the Bill. However, I adjourned until Wednesday, March 1. shall certainly bring his remarks to the attention of the Chief Secretary, The sitting was suspended at with a view to his determining 6.26 p.m. until 8.5 p.m. whether clause 17 or any other clause should be amended so that the matter DOWLING FOREST RACECOURSE the honorable member raised will be LANDS BILL. covered. The debate (adjourned from The clause was agreed to, as February 14) on the motion of Mr. were the remaining clause and the Balfour (Minister of Lands) for the schedule. second reading of this Bill was resumed. The Bill was reported to the House Mr. STONEHAM (Leader of the without amendment, and passed Opposition) .-This Bill, which relates through its remaining stages. to certain lands in the Parish of Dowl­ ing Forest granted to trustees for the STATE SAVINGS BANK purposes of a racecourse, and for (AMENDMENT) BILL. other purposes, provides that, in accordance with the plan shown in Mr. ROSSITER (Minister of Immi­ the schedule to the Bill, two areas on gration).-I move- the perimeter of the Dowling Forest That this Bill be now read a second time. racecourse-one of 17 acres and the Under the State Savings Bank Act, other of 19 acres-shall be granted in the bank can lend to officers and fee-simple to the trustees of the employees of the bank from the Credit Ballarat Turf Club so that they may, Foncier division, but not under the at. their discretion, sell portions of savings bank division of the Act. thIS land to racehorse trainers and This denies officers access to housing others directly connected with the and. personal loans under the ordinary activities of the racecourse. Members savmgs bank division. The Bill of the Opposition favour this sort of merely removes this anomaly. The proposal of bringing this facility Bill is the result of discussions close to the race track because, apart between the State Savings Bank from the enjoyment that people Officers Association and the Govern­ derive from indulging in the sport of ment, and is acceptable to the kings, we are concerned with the a.ssociation and to the Commis­ conditions applying to those persons sioners. who are employed in the racing in­ dustry and who depend upon it for Although the Bill re-enacts sub­ their livelihood. This kind of de­ section (1) of section 53 in an velopment of racecourses can lead amended form, it merely removes the to improved conditions generally in words "officer" and "employee" the racing industry. from the existing provision. Because However, the Bill has a fundamen­ there has already been an amendment tal fault because portion of the pre­ of this section since the 1958 consoli­ amble states- dation, for purposes of clarity it has And whereas certain parts of the lands been decided that the amendment yes ted in the said joint proprietors compris­ now proposed can best be effected by mg 17 acres and 19 acres respectively and 3088 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill.

described in the Schedule are no longer re· the Victoria Racing Club was con­ quired for the purposes of racing only and are more urgently required for other cerned because a similar set of cir­ purposes in connexion with the said race­ cumstances was involved and the course. then Minister brought down a Bill­ it became Act No. 6655-which pro­ vided for the leasing and not the The Bill provides that the trustees sale of land by the Victoria Racing may obtain a grant in fee-simple in Club, in the same way as I suggest respect of an area of 36 acres for the should be done in this instance. purpose of selling portions of it, as I More recently, at Sandown, special stated previously. If racehorse financial arrangements were made trainers and other persons purchase between the trustees and caterers in portion of this land and erect upon respect of certain property on the it certain training establishments or racecourse. In view of the sound pre­ other buildings connected with the cedents established by this Govern­ work of the racecourse, in due ment in similar cases, I cannot un­ course the land will pass beyond the derstand why the Minister should control of the racecourse trustees. introduce a Bill such as this. Use of the premises for a new pur­ pose, in no way connected with the Mr. BALFOUR.-If the circum­ racecourse, could eventuate. If that stances were the same, the Govern­ occurred, the purpose of the ~il.l. to ment would have followed the same keep the land for racing actIVItIes procedure, but they are quite dif­ would be defeated, and buildings ferent. unconnected with racing could be Mr. STONEHAM.-I admit that erected on areas, which, at the pre­ there may be some differences in the sent time, are part of the 486 acres circumstances, but the Bill sets out which the predecessors of the present certain purposes, and then de­ trustees acquired in 1872 by purchase lib era tely provides the means by from the Crown, with the condition which those purposes may be de­ that the land was to be used solely fea ted and frustrated after a period for racing purposes. of time. Fact is stranger than The Bill also provides that the area fiction, and, in a few years, there of 36 acres may be purchased by the could be the ludicrous situation of trustees for the sum of $3,240. The some unsuitable person, from the Labor Party believes that to permit trustees' point of view, purchasing the trustees to dispose of this land is the property from the racehorse wrong in principle; it is opposed to trainer. the purpose set out in the Bill. Con­ sequently, I give notice that at the The trustees of the Dowling Forest Racecourse are to be commended for proper time, the Opposition will move the splendid job they are doing to the following amendment:- improve the facilities for the public That, in clause 5, the words "sell and and those who engage in the sport transfer in fee simple or" be omitted. of racing. Labor Party members are This amendment will permit the as anxious as anybody else to help trustees to grant a satisfactory lease the club, but we are convinced that to any racehorse trainer, or any other the Bill has this fundamental weak­ person directly connected with rac­ ness and, accordingly, we desire to ing, to erect buildings on the land in correct it. question. Mr. MOSS (Leader of the Country Mr. WILCOX.-Do you not believe Party) .-In the Ballarat area a num­ in freehold property? ber of racing clubs amalgamated, following suggestions made by per­ Mr. STONEHAM.-I certainly do, sons in charge of racing administra­ but in 1960 the Government tion. These clubs are now conduct­ apparently did not favour it so far as ing their racing on the Dow ling Dowling FO'I'est Racecourse [22 FEBRUARY, 1967.] Lands Bill. 3089

Forest racecourse. This is a classic appears reasonable in the circum­ example of people working together stances, but I ask the Minister to to provide facilities and amenities consider the matter raised by the which are a credit not only to the Leader of the Opposition. trustees but also to racing throughout Mr. A. T. EVANS_(Ballaarat North). Australia. It is always a pleasure to -First, I apologise for the absence of attend meetings at this course. my colleague, the honorable member The Leader of the Opposition for Ballaarat South, who has a raised a serious objection to the particular interest in racing. Un­ granting of a freehold title in respect fortunately, he has been called home of certain lands. I have carefully because of the dangerous grass fires examined the Bill, and I feel that it which are threatening his own home is a reasonable measure, but, with and that of the Premier. The honor­ due respect to the Minister of Lands, able member intended to speak on he has not fully explained the situa­ the Bill, but unfortunately he is un­ tion. Certain terms have been used; able to be present. but I shall deal with them when the Bill reaches the Committee stage. Like myself, the honorable mem­ member for Ballaarat South sup­ The Bill does not actually- provide ports this measure, which has that a freehold title shall be given, been introduced after long discus­ and the implication is that it is Crown sions with the Minister and the Lands land. The position at Ballarat is Department. I appreciate the care­ different from that at the Flemington ful consideration that the Leader racecourse, which is Crown land of the Opposition and the Leader of leased at a peppercorn rent. In the the Country Party have given to this case of Flemington, it was logical to Bill, which they think will possibly grant leases. The land which is the safeguard the interests of the future subject of this Bill was Crown land of the racing industry in Ballarat and which was purchased at auction by particularly of the Ballarat Turf Club. the trustees. They received a free­ However, it must be remembered, as hold title with a covenant that the the Leader of the Country Party said, land must be used solely for the that the land with which this Bill purposes of racing. deals is no longer Crown land. It The Leader of the Opposition was bought in 1872. when a Crown referred to the problem of what grant was issued, but a covenant was would happen to the 36 acres if it left on the document providing that were released without a restriction. it must be used solely for racing The purport of the Bill is that, al­ purposes. No one knows why this though the land will be freehold, it was done because it is not Crown will continue to be used for purposes land but land that was purchased on associated with racing, but if an the open market. I have discussed unrestricted freehold title were given, with the Ballarat Turf Club a although the actual purchaser may be suggestion that a covenant be associated with racing, there is no put on the land, but this guarantee that, in future years, the would mean that the racing club facilities erected on the land will would have to obtain the finance to continue to be used for the purposes construct the buildings. These are of racing. The sensible approach is required as homes for foremen to to allow the restriction that the land control the boys in charge of horses must continue to be used for racing stabled on the racecourse premises. purposes to remain. It has proved to be extremely diffi­ The Bill provides that the trustees cult to supervise this work without shall pay to the State an amount of having men on the spot. I do not $3,240, which is equivalent to $90 per think an area of 36 acres is excessive. acre. That is one of the conditions The whole property consists of 486 of the arrangement. The proposal acres. 3090 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill.

!VIr. WILTSHIRE.-It is a decen­ as Mount Rowan. This club was the tralized industry. predecessor of the present Ballarat Turf Club. It is not generally known Mr. A. T. EVANS.-I agree with that in 1875 the Victoria Amateur the assertion of the honorable mem­ Turf Club was founded in Ballarat ber for Mulgrave. We are happy that and raced there for the first time in this has become a decentralized in­ 1875. After this foundation season, dustry. Some of my friends in the the club made its home at its present Country Party have set and staid site at Caulfield. ideas concerning decentralization. I point out that if they encourage I have stated sound grounds for development of the facilities already the passing of the Bill by the House. existing in their areas, as we have This matter has been thoroughly done in Ballarat, this will help to examined by my colleague the honor­ increase the population, and the able member for Ballaarat South and greater number of people will pro­ my'self in our discussions with the duce more rates for their municipali­ race club trustees, the Minister and ties, and thus they will be doing a the Lands Department. Only to-day good job. We believe that the horse we had further discussions with the training industry in Ballarat can be trustees, who believe this Bill is the rehabilitated to the standard that only solution for the betterment of obtained in the days of James Scobie. racing in Ballarat. I commend the At that time the biggest racing stable Bill to the House. I appreciate the in Victoria was located at Dowling opinions expressed by other honor­ Forest, and this could again be the able members, but reiterate that the position. If a covenant is placed on matter has been well and truly in­ this land, someone other than the vestigated. In view of the current trainers will have to find the money position of the Ballarat Turf Club because, with a restriction on the and the conditions under which the title, the trainers would not be able land first came under the control of to borrow to the same extent. the trustees, I strongly support this It has been suggested that the club measure. should construct the buildings, but Mr. HOLLAND (Flemington).-I at this stage the club has not the can understand the honorable mem­ financial resources for the pur­ ber for Ballaarat North supporting pose. I realize that a lot of money this motion, but I do not think either has come into the racing industry, he or the Minister made out a very but the country clubs have a big good case in justification of it. The leeway to make up on city clubs in Opposition is in favour of proper pro­ providing facilities. If it is necessary visions being made so far as race­ to wait until the Ballarat Turf Club courses are concerned. When a Bill is in a position to finance the con­ containing a similar proposition in struction of the homes, Ballarat respect of the Victoria Racing Club and similar clubs will stagnate came before the House, the Opposi­ and will not obtain the full tion raised no objection because the benefits that should be coming to the matter remained in the hands of the racing industry. Victoria Racing Club and permission As reference has already been was given only for the land concerned made back to 1872, perhaps the his­ to be provided on a leasehold basis torical background of the Ballarat for the use of trainers. Turf Club should be examined. In 1855, representations were made to It is splitting hairs to say that what the Ballarat Turf Club to establish is now proposed does not differ from itself on its own property. Prior to the conditions under which the Vic­ that, in 1853, the Ballarat and Cres­ toria Racing Club and other race wick Turf Club raced on land on the clubs obtained their land. Certainly northern side of Rosehill, now known the Ballarat Turf Club has a title to Dowling Forest Racecourse [22 FEBRUARY, 1967.] Lands Bill. 3091 the land, but let us consider what the vided that the conditions laid down Minister said in his second-reading are similar to those which apply to speech. The honorable gentleman the Victoria Racing Club. However, stated that, in 1855, the citizens of what is proposed in this case appears Ballarat sought the setting aside of to be a careful piece of manipulation. 486 acres as a site for a racecourse. Nobody has. said how much the land The Minister went on to say that the is worth to-day. area was temporarily reserved for that purpose in 1865, and later on, I do now know much about Balla­ representations having been made by rat, but I am prepared to say that the racecourse trustees to obtain a under the conditions being offered title to the land, it was offered for and in view of the fact that there sale by auction at Ballarat on the 8th will be a freehold title, at a selling April, 1872. One of the conditions of price, of $90 an acre it is a give-away. sale was that the purchaser of the There is no doubt in my mind that land would be required to hold the the trustees of the Ballarat Turf Club land in trust for the trustees of the will not be using this land for the Ballarat Turf Club as a racecourse for purposes stated. Therefore, under the purposes of racing only. I am the guise of some sort of financial amazed at the assertion that, under legerdemain, it is made to appear those conditions, the club obtained a that the Government is selling the freehold title to the land. In actual land to the club at the right price fact it was given 486 acres of land at and as if it had bought it without the give-away price of £1 lOs an acre restrictions in 1872. In actual fact, for the purposes of racing. the Government is giving the land away at a greatly reduced price' and Mr. A. T. EVANs.-The club is to proposes to allow the club to do what pay $90 an acre for it under this Bill. it likes with it. The Government is selling it under freehold terms but Mr. HOLLAND.-That is so, for the with no provisions as to the ultimate 36 acres which it now proposes to use. sell to someone else for an undis­ closed amount. The honorable mem­ The honorable member for Bal­ ber should put his cards on the table. laarat North said that there had been Incidentally, in the past few years talks about this matter. I can cer­ this racing club has been treated tainly believe that. He also said that fairly generously by the Government. the Ballarat Turf Club could not I remember the granting of a loan of finance the purchase of the land if £40,000. it had to pay for stables and other facilities as well. It must be a poor Mr. A. T. EVANS.-It was £30,000, club if it cannot get money from the and it is repayable. banks in Ballarat, particularly as it Mr. HOLLAND.-That is so, but it will have an "iron-clad" title and was provided at a favourable rate of guaranteed clients. interest. Mr. A. T. EVANS.-It is obvious This land was given to the Ballarat that the honorable member for Flem­ Turf Club for purpos·es associated ington has not studied the racing with racing at a nominal figure of industry. $3 an acre in 1872, and it is ridicu­ Mr. HOLLAND.-I have studied lous to say that because the club is the racing industry a great deal more paying $90 an acre for the land it is than the honorable member for Bal­ acquiring to-day it is paying the true laarat North has. I hate to see rac­ figure. Members of the Opposition do ing clubs taking people for a ride, not object to land of this nature being as is happening in this case. The sold to a racing club for purposes racing club is getting something for allied to racing, such as the provision nothing. If the honorable member of training facilities and stables, pro- for Ballaarat North represented his 3092 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill. electors and not the trustees of the Club under a freehold title without turf club, he would ensure that the covenants, and subsequently it is interests of everybody were pre­ stated that the trustees can sell the served, and not just the interests of land as freehold without covenants. the trustees. If the Government I am not casting any doubts on the wants to sell this land to the trustees, integrity of the trustee·s. What I am it should sell it at market value. saying is that if they have any Mr. A. T. EVANs.-In other words, business acumen, which I think they the price paid in 1872 does not have, they will try to sell this land matter? for the highest possible price to who­ ever wants it and the final use need Mr. HOLLAND.-The honorable have no association with racing. member should not be ridiculous; the There are many purposes for which 1872 figure was a give-away price. the land could be used. The Government should tell the Bal­ larat Turf Club that it will amend the It has been stated that if the club Act in the same manner as it did for wants to lease the land to individuals, the Victoria Racing Club and leave a large amount of money will be the restrictions on the land. The required. One trainer at the club could then lease the land to Flemington racecourse spent $60,000 people who want to use it for on the erection of Chicquita Lodge on purposes associated with racing. If leasehold land in order to provide that course were adopted, the Balla­ stables and other facilities. rat Turf Club would be receiving the Mr. A. T. EVANS.-Does the pro­ same sort of treatment as that perty revert to the racing club at the obtained by the Victoria Racing Club. termination of the lease? Members of the Opposition would not object to such a course. How­ Mr. HOLLAND.-I do not know. ever, the trustees want to have their Mr. A. T. EVANs.-Much more cake and eat it, too. They want to money is available in Melbourne than buy the land at a fantastically low can be obtained in Ballarat. price and sell it to trainers. At least, it is hoped they want to sell it to Mr. HOLLAND.-I presume that, trainers. in the normal course of business, at the expiration of the lease, the build­ Mr. A. T. EVANs.-The honorable ings will revert to the racing club. member for Flemington is casting I have no doubt that a long lease has doubts on the honesty of the trustees. been entered into with provision for He should withdraw the statement he further extensions. In my opinion, has just made. the man who has put so much money Mr. HOLLAND.-The honorable into this project has done so because member for Ballaarat North is a babe he believes it is the right thing to do in the woods. and because it is profitable. Mr. A. T. EVANS (Ballaarat North). There is no reason why a person -On a point of order, the honorable holding a long lease could not obtain member for Flemington stated what finance on the security of the he hoped the trustees of the Ballarat property. The Government has not Turf Club would do, and therefore given honorable members the right cast aspersions on their integrity. I information-one is left with a ask that this statement be with­ wrong impression. The Government drawn. is giving away land to the Ballarat Turf Club without restriction. The Mr. HOLLAND (Flemington}.-I Opposition does not intend to stop have no intention of withdrawing my the sale, but it hopes that the statement, because I said that this Government will impose a restriction could happen. The Bill proposes that to make the transaction a reasonable this land be sold to the Ballarat Turf proposition. Dowling Forest Racecourse [22 FEBRUARY, 1967.] Lands Bill. 3093

Mr. PHELAN (Kara Kara).-When necessarily to remove the covenant he explained this Bill, the Minister of but may be designed to provide the Lands implied that a covenant on the opportunity for someone to derive land in question restricted its use for personal gain. It is not in the long­ racing purposes. I see no reason term interests of the taxpayer for why the land cannot still be used for this Bill to be passed. Restrictions the purpose indicated, and I see no should be imposed to safeguard the valid reason for removing the use of this area. This Bill is not in covenant. Although the honorable the interests of the public. member for Ballaarat North indicated, by interjection, that the integrity of Mr. TREZISE (Geelong West).­ the people was questioned, that is not I support my colleagues in their the point; it is not a question of the attitude to this Bill, but to some integrity of the race club, but of the extent I also support the remarks of subsequent purchasers, who 'may be the honorable member for Ballaarat speculators. The covenant placed on North. There is no guarantee that the land through the wisdom of our this Bill will safeguard the future of forefathers was logical. It is a racing at Ballarat. I have had a close generous area, and there is no reason personal association with the subject­ for the covenant to be removed. matter of this measure because I spent the greater part of my life in I believe that the payment to the the Ballarat area and was employed Crown of $3,240 is merely a cash in the racing industry there for some consideration for the removal of a years. covenant which was originally im­ posed for the protection of the The present plight of the trainers, public. It is the duty of Parliament the jockeys and the racing fraternity to preserve for all time its control of in the vicinity of Ballarat has not the land. I am not impressed at the been mentioned. Although the Bill sum of $3,240-this Government is leaves much to be desired, I presume grabbing at the last straw to obtain it was introduced in an endeavour finance. I see the Minister of Lands to safeguard their future. The honor­ is scoffing. able member for Ballaarat North omitted to mention that for 100 years Mr. BALFOUR.-Your statement is the City of Ballarat has been blessed ridiculous. with two racecourses. The old Mr. PHELAN.-It !llay sound Ballarat Miners' Turf Club race­ ridiculous. In the VIew of the course is situated in the heart of the Minister of Lands, anything that residential area of Redan. Trainers, exposes the Government is ridiculous. jockeys and other racing folk have After I was elected a member of this settled in that area and have built House in 1964, I analyzed the Budget stables and other facilities. The statement. I then said that the Dowling Forest racecourse it situated Government was financially bank­ in a rural area some 7 miles from rupt and that this situation had been Ballarat. It has been somewhat brought about by the incompetence neglected by trainers because it is of the Ministers, whose purpose was too far from the city. to extract money from the public to There is now an amalgamation of get the Government out of a financial the two clubs, with headquarters at mess. If the Government believes Dowling Forest; consequently the that the covenant on this Ballarat trainers and the jockeys are at a dis­ land should be removed, it is advantage, and many racing folk iniquitous to extract the $3,240 from have left the sport. A set of modern the Ballarat Turf Club. stables in Darling-street is now used There is good reason for Parlia­ as a transport depot. Some of the ment carefully to examine the real trainers must work their horses along purpose of this Bill, which is not the roads, and this is dangerous not 3094 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill.

only for the trainers and the horses, preamble, would seem to reiterate the but also for the ordinary citizens. original desire formed in 1872, that Other trainers have to take their the whole of the 486 acres be dedi­ horses by float to Dowling Forest. cated to racing, that objective could be defeated. In fact, if the Bill is The Opposition is alive to the not amended, there will be misuse interests of the trainers and the of portion of the land, as part of the racing fraternity at Ballarat, but it 486 acres will be used for purposes questions the wisdom of clause 5. definitely not connected with racing. There is good reason to believe that In its present form, the Bill is a in ten years' time these blocks of travesty of what is required. Many land may not be used for racing pur­ other arguments in support of the poses. They may be sold, and the amendment have already been put Ballarat Turf Club may complain that to honorable members. there is not sufficient land for racing purposes. I hope that something can Mr. BALFOUR (Minister of Lands). be done later to remedy this situation. -The main purposes of this legisla­ tion are to help the racing industry Ballarat has held a high position in in Ballarat and to encourage trainers the racing world over the years, and to place facilities on country race­ names such as Scobie, Marshall, courses by allowing them to have Nicholls, Calvert and Smerdon come their stables on and to employ their to mind. It is to be hoped that Balla­ strappers and other people connected rat will continue to be held in high with the racing industry at those regard in racing circles, and that the racecourses. Bill will be amended so that pro­ gress there may be maintained with­ Mr. WILKEs.-There is no guaran­ out detriment to the trainers or other tee that the Bill means that. people concerned. Mr. BALFOUR.-With all due The motion was agreed to. respect to what might be said by members of the Opposition, I should The Bill was read a second time be gratified if such arrangements and committed. were made in other country areas, Clauses 1 to 4 were agreed to. where there are racecourses, so that trainers could be encouraged to take Clause 5- up residence. After the issue of a Crown grant pursuant Mr. TREZISE.-You have no guaran­ to section 3 and notwithstanding anything in any Act or enactment the said joint pro­ tee tha t these people will remain prietors or their successors in title of the trainers. lands described in the said Crown grant may sell and transfer in fee simple or lease Mr. BALFOUR.-When this pro­ the whole or any part of such lands freed position was first put to the officers and discharged from any trusts. of my Department and me, it re­ Mr. STONEHAM (Leader of the ceived a great deal of consideration. Opposition) .-As foreshadowed, I Mr. WILKES.-By whom was the move- proposition put to you? That the words "sell and transfer in fee Mr. BALFOUR.-The Ballarat Turf simple or" be omitted. Club. It was desired to encourage This matter has already been well trainers to take up residence at debated. I suggest that the main Dowling Forest. Honorable members obligation of the trustees is to do may ask why Dowling Forest race­ everything in their power to ensure course cannot be treated in the same that the whole of the area of 486 way as Flemington racecourse, which acres is permanently retained for rac­ is occupied by the Victoria Racing ing purposes. If the Bill passes in its Club. Flemington racecourse is on present form, even though its Crown lands. In its wisdom, Parlia­ declared intention, as stated in the ment gave the Victoria Racing Club Dowling Forest Racecourse [22 FEBRUARY, 1967.] Lands Bill. 3095 a lease of those Crown lands for Mr. BALFOUR.-Under a special racing purposes. In 1960, when it Act of Parliament, the Victoria Racing was requested that trainers be Club was leased land at Flemington allowed to establish facilities at the for racing purposes, and as a result Flemington racecourse, Parliament, of other legislation, a lease was passed legislation which enabled granted to enable Chicquita Lodge to leases to be granted for that purpose. be built. In my second-reading speech, I Sir HERBERT HYLAND.-The land endeavoured to give, as fully as was not sold. possible, the history of the Dowling Forest racecourse land. Many areas Mr. BALFOUR.-That is so. If the of Crown lands in Victoria have been land in question at Ballarat was in temporarily reserved for racing and the same category as the Flemington recreational purposes since the 1870's racecourse or a number of other race­ and the 1880's, and the Dowling courses, the Government would Forest racecourse land was originally have dealt with it in the same way temporarily reserved as a racecourse. but in this case a Crown grant If that temporary reservation had still had been issued. Admittedly, the been in existence, it is probable that Crown grant was restricted because a different method would have been it was sold for £1 lOs. an acre instead used to meet the current requests of of its proper value of £5 an acre. If the club. But, in 1872, following the land had been purchased at public representations from the Ballarat auction at about £5 an acre, and the Turf Club, the land was sold to the purchasers obtained a freehold title club. Why the members of the club without any covenants, the land could wanted a freehold title at the time have been subdivided or used for I cannot say. They must have felt almost anything. Possibly, during that a reservation was of no use to the past 90 years, it could have been them. It is possible that they wanted subdivided to enable houses to be an adequate title to the land so that built on it. they could borrow money on it. So, Sir HERBERT HYLAND.-Is the land at t~at stage, the land was sold by suitable for residential purposes? auctIOn under the condition that it would be used solely for racing Mr. BALFOUR.-I believe it would purposes. Up to the present the be admirably suitable for housing. position has been satisfactory,' and If a freehold title had been issued for the land has been used for racing the land, the trustees might have purposes. When the representations decided that the land could be used which resulted in the present Bill for residential purposes. To over­ were first made, the Ballarat Turf come the problem, the Government Club believed that the term" racing agreed to bring down this Bill so that purposes" would include accommo­ the 36 acres in question could be dation for trainers, stables, and so made available without restriction to forth. The best legal advice avail­ the Ballarat Turf Club. able to the Government is that The Government considers that the the expression "racing purposes" club should pay a sum of money does not cover training facilities which is comparable with the stables, and suc~ things. Apparently: difference between the £1 lOs. an when any ~rea .IS reserved for racing acre, which was paid at public auc­ purposes, raCIng purposes" means tion for the land in 1872, and the the holding of races on that reserva­ valuation of £5 an acre, which was tion, and not does cover the building placed on the land at the time of the of stables and the provision of train­ sale. I cannot agree with the honor­ ing facilities. able member for Kara Kara that in Sir HERBERT HYLAND.-How does acting in this manner, the Govern­ this compare with Flemington? ment is grasping at the last straw, 3096 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill. nor do I agree with the suggestion during the debate. Furthermore, the of the honorable member for Fleming­ Minister did not explain why an area ton that the land should be sold at of 36 acres was considered necessary. present-day values. 1 do not know What does the Ballarat Turf Club what the proper value of the land propose to do with this land? It was would be, but 1 should imagine it suggested that a training establish­ would be in excess of $90 an acre. ment and stud farm could be estab­ The Government is endeavouring to lished on the land. The Minister overcome, in a fair and reasonable should openly inform honorable manner, something that happened 90 members why such a large area of years ago, and to assist the trustees land is required. Is it hoped that of the Ballarat Turf Club to use the eventually a huge profit will be made reserve as they think fit. for the Ballarat Turf Club? I am sure that ultimately this land will be lost The Government has considered to racing. the question whether the land should be sold or leased, with which the Upon the death of a foreman or amendment moved by the Leader of trainer, who builds a house on this the Opposition deals. 1 believe that land, in all probability his widow if the trustees are to be encouraged will not be actively associated with to improve the area, they must be racing. In such circumstances, what given the best possible tenure of the will happen to the land? It must land. During discussions on this eventually be sold and, if the widow question, it was agreed that the is not interested in racing, it will pass trustees should be empowered either from the control of the racing indus­ to sell or to lease the land. Possibly, try. There is some merit in the someone may desire to establish viewpoints submitted by Country stables or other facilities on the land Party and Opposition members. 1 on a leasehold basis. 1 believe that consider that the covenants should anyone prepared to outlay capital remain on this area of land. 1 do not for such a purpose would require a think the land should be used for long-term lease. On the other hand, other than racing purposes. Conse­ if a freehold title could be given, the quently, because of the inability of purchaser would have a greater the Minister of Lands or any other opportunity to raise the necessary Government supporter to justify the money for any building venture, and proposal in the Bill, I have no option probably it could be financed through but to support the amendment. a bank. It was agreed, therefore, Mr. HOLLAND (Flemington).­ that the Bill should empower the Like the Leader of the Country Party, trustees either to sell or to lease the I do not disagree with everything land. Having discussed the question that the Minister of Lands said. The with the Ballarat Turf Club, the honorable gentleman's remarks Government finally adopted this epitomize what the Opposition is course of action, and it therefore seeking to achieve by the amend­ cannot accept the amendment. ment. He said that the Government Mr. MOSS (Leader of the Country wished to assist people to build on Party) .-1 do not disagree strongly this land. Without traversing every­ with anything said by the Minister of thing that the honorable gentleman Lands concerning the amendment said in regard to values and so forth, moved by the Leader of the Opposi­ I point out that he made one point tion. However, the honorable gentle­ clear, namely, that the land was man did not convince the Committee worth a great deal more than the that this freehold land will not even­ price that would be paid for it by the tually fall into the possession of Ballarat Turf Club. someone who is not associated with The Opposition does not consider the racing industry. This point has that the object sought by the Govern­ been stressed by several speakers ment will be achieved. Obviously, Dowling Forest Racecourse [22 FEBRUARY, 1967.] Lands Bill. 3097 an area of 36 acres is not needed for Club a big lift. I am disappointed the purposes described by the Minis­ that some members who represent ter in his second-reading speech. It country electorates have argued is a large area of land on which to strongly against the Bill. build houses and stables. The Bill It has been suggested that the land provides that the land may be bought in question should be sold, with a by anybody and used for any pur­ restrictive covenant, to racecourse pose. There is no guarantee that trainers. A person who bought such certain people will buy this land and land would encounter difficulties in erect stables; nor that the land raising finance under these circum­ will be used for such purposes in the stances. The honorable member for future. The Government should Kara Kara stated that the Ballarat accept the suggestion of the Leader Turf Club is in such dire financial of the Opposition that the land straits that this Bill has been intro­ should be retained in the ownership duced to get it out of its difficulties. of the Dowling Forest racecourse Several remarks were made to that trustees or, as proposed by the effect. Leader of the Country Party, that the covenant should remain on the land. Mr. PHELAN.-I should like some Naturally, members of the Opposition honesty from you. support the amendment moved by Mr. A. T. EVANS.-I have listened our Leader. to more misstatements from the honorable member than from any Mr. A. T. EVANS (Ballaarat North). other member in this House. -Members who have taken part in this debate have obviously missed The CHAIRMAN (Mr. Christie).­ one or two important points. The Order! The honorable member should Minister has explaind that the Bill speak on the amendment and not has been introduced in its present refer to general matters raised by the form in order to assist the further honorable member for Kara Kara. expansion of the racing industry in Mr. A. T. EVANS.-It is ridiculous Ballarat. Mention has been made of for the Leader of the Country Party Chicquita Lodge at Flemington to suggest that a stud farm could be which, it has been pointed out, is on operated on 36 acres of land. Crown land. The proposal advanced Mr. FENNESSY (Brunswick East). by members of the Opposition would -It is obvious that the honorable not give any rights to the Ballarat member for Ballaarat North has in Turf Club and would wipe out the mind that an election is due in the restrictive Crown grant. The honor­ near future. No doubt his remarks able member for Flemington stated will make interesting reading in the that he would not give the Ballarat Ballarat Courier. The honorable Turf Club any equity in the land and member claimed that all the members that it would have to pay the current who have spoken in this debate are market price. opposed to the Bill in its entirety, but Mr. HOLLAND.-I did not say that. this is not true. Those members of the Opposition and of the Country Mr. A. T. EVANS.-It is important Party who have spoken have made to realize that the Ballarat Turf Club it clear that they disagree with has a strong equity in the land on the Government only on the ques­ which the racecourse is situated. In tion of removing the existing this Bill the Government is making covenant. The honorable member a genuine attempt to further expand for Ballaarat North skirted round the racing industry in the country. that question and asserted that The proposal contained in the mea­ members of the Opposition are sure would give the Ballarat Turf opposed to the Bill. In fact, we 3098 Dowling Forest Racecourse [ASSEMBLY.] Lands Bill.

are opposed only to the sur­ The Committee divided on the rendering of the covenant. The question that the words proposed to Minister stated that he has been be omitted stand part of the clause advised that the use of the land" for (Mr. Christie in the chair)- racing purposes " should be confined Ayes 27 only to buildings connected with the Noes 22 racing of horses around the track. A simple method of overcoming the difficulty would be to word the pro­ Majority against the vision in such a way that trainers amendment 5 could erect permanent buildings to AVES. house jockeys and to stable horses. Mr. Balfour Mr. Porter Mr. Birrell Mr. Rafferty Members of the Opposition are not Mr. Borthwick Mr. Rossiter opposed to the development that the Mr. Darcy Mr. Rylah Ballarat Turf Club desires to achieve, Mr. Dunstan Mr. Scanlan Mr. Evans Mr. Stokes but we believe the covenant should (Ballaarat North) Mr. Suggett remain on this land. As the Leader Mr. Holden Mr. Tanner of the Country Party pointed out, if Mr. Hudson Mr. Taylor a racehorse trainer bought a section Mr. McCabe Mr. Trethewey Mr. MacDonald Mr. Wheeler of this 36 acres and built a home on (Burwood) Mr. Wilcox. it, when he died there would be Mr. McLaren Tellers: nothing to prevent his heirs from Mr. Manson Mr. Jona selling it to a person who desired to Mr. Meagher Mr. Wiltshire. establish a chicken farm. If the NOES. covenant remains so that the land Mr. Clarey Mr. Moss may be used for racing purposes only, Mr. Cochrane Mr. Phelan Mr. Divers Mr. Ring the racing industry will be protected Mr. Evans Mr. Stoneham for all time. Certain church organi­ (Gippsland East) Mr. Sutton zations in the City of Melbourne were Mr. Fennessy Mr. Trewin Mr. Floyd Mr. Trezise given Crown grants in the early days Mr. Ginifer Mr. Whiting for the purpose of erecting church Mr. Holding Mr. Wilkes. buildings. Suitable covenants to this Mr. Holland Sir Herbert Hyland Tellers: effect were included in the original Mr. McDonald Mr. Stirling Crown grants, and a similar covenant (Rodney) Mr. Wilton. applied in the case of the land in PAIRS. question at Dowling Forest. The Mr. Bloomfield Dr. Jenkins Minister desires to remove that Sir Henry Bolte Mr. Lovegrove covenant so that persons who buy Mr. Dixon Mr. Mutton Mr. Loxton Mr. Turnbull the land from the Government at Mr. Stephen Mr. Schintler. $90 an acre will be enabled to sell it. As the honorable member for The clause was agreed to, as were Ballaarat North and the honorable the remaining clauses and the member for Mulgrave are aware, $400 schedule. an acre would not be a mean price The Bill was reported to the' for land around Ballarat. I think House without amendment, and the honorable member for Ballaarat passed through its remaining stages. North will agree with me that it is impossible to purchase good land in any part of Ballarat for less than NEW MELBOURNE CEMETERY $400 an acre. LANDS BILL. The debate (adjourned from Feb­ I support all that has been said ruary 14) on the motion of Mr. about retaining the covenant, and for Rossiter (Minister of Immigration) tha t reason I fully support the for the second reading of this Bill attitude of the Opposition. was resumed. Mr. Fennessy. New Me~bourne [22 FEBRUARY, 1967.] Oemetery Lands Bill. 3099

Mr. WILTON (Broadmeadows).­ street areas in the City of Broad­ The purpose of this Bill is to transfer meadows, the council was anxious to certain lands to the Crown, thus press on with the work on behalf of enabling action to be taken ultimately the ratepayers as soon as possible. to transfer the land to the trustees of the New Melbourne Cemetery. I The Minister was good enough to shall briefly explain the reason why meet us and discuss the matter fully, this is necessary. When the land, and I greatly appreciate his assis­ which is set out in the First and tance. In a letter to my colleagues Second Schedules to the Bill, hatched and me, dated 10th February, 1966, and cross-hatched, was first reserved amongst other things, the Minister for cemetery purposes, the area had said- already been subdivided by a private The Commission of Public Health regards it as undesirable that the whole develop­ company and certain streets were set ment of this residential area should be out in the plan of subdivision as well delayed until such time as the trustees have as a recreational reserve, which was need to use the land which has been transferred to the ownership of the acquired for them and it is anxious for development to proceed. After considerable Broadmeadows City Council. negotiation between officers of the Depart­ ment of Health and the trustees, the latter The reservation for cemetery have promised to give a decision on the purposes was made some time ago matter at an early date. -I think the proceedings first com­ menced in 1948. Most of the land This indicates that the Broad­ was transferred and reserved for meadows City Council was anxious cemetery purposes. However, to proceed with the development of recently when the Broadmeadows the area. My colleagues and I con­ City Council prepared an extensive sidered that it was unreasonable for street construction scheme, being this development to be held up for under the impression that the trustees any length of time by the argument of the cemetery were the owners of that the trustees of the New Mel­ the land, it was discovered that cer­ bourne Cemetery would want to use tain portions of land had not been the land for cemetery purposes not transferred to the ownership of the in the immediate future, but rather trustees. Thus the Broadmeadows in the more distant future. The City Council was not able to negotiate officers of the Department of Health with the trustees concerning certain agreed with us on this point, but street construction costs. when they started to delve into the matter they came up against certain The council sought the assistance of problems and the Department of the Parliamentary representatives of Crown Lands and Survey became the district, namely, myself and my involved. two colleagues in another place. The council requested us to make repre­ On the 6th May, 1966, the sentations to the Minister of Health secretary of that Department wrote with a view to having the situation to the town clerk of the City of rectified. This was done, and in Broadmeadows as follows:- October, 1965, the Honorable Samuel With reference to your letter of the 4th Merrifield, the Honorable J. M. instant I wish to inform you that this Tripovich and I wrote to the Department is now proceeding with the Minister of Health outlining the preparation of a suitable plan showing the areas acquired for the purposes of exten­ situation, and pointing out that sions to the original New Melbourne until the necessary action was General Cemetery, at Fawkner, Parish of taken and the transfers completed, Will-WiU-Rook. making the trustees the owners On completion of the plan, which will of the land, the Broadmeadows entail a great deal of investigation and City Council could not proceed with research work, the areas in question will be t· permanently reserved as a site for cemetery its street construction programme. purposes under the provisions of section 14, As this was the last of the unmade Land Act 1958. 3100 New Melbourne [ASSEMBLY.] Oemetery Lands Bill.

The Health Department will then be in said, amongst other things, that the a position to arrange for the appointment permanent head of his Department of trustees under the provisions of the Cemeteries Act 1958. had been advised that- These matters, as far as this Department In view of the lapse of time since the is involved, are being expedited as much acquisition was first commenced there as possible having regard to other urgent would have been considerable changes in departmental commitments, and on com­ the persons with whom he has to finalize pletion of the necessary formalities you arrangements for transfer and the cor­ will be further advised. respondence and finalization of documents in this regard could extend over many It will be noted that the Department months. of Crown Lands and Survey was also co-operating with my colleagues and He went on to say - Officers of the Law Department have me in our efforts to have the matter suggested that the most expeditious way of cleared up as quickly as possible. In getting finality would be for an enabling a further letter, dated the 9th August, Bill to be passed by Parliament. 1966, to the town clerk of the City of Broadmeadows, referring to a pre­ He then indicated that he intended vious letter, the secretary of the to submit the matter to the Govern­ Department of Crown Lands and ment; he subsequently did this and Survey said- the measure is now before the House. Extensive research and investigation by Neither my colleagues nor I have, the Department discloses that the whole of from the outset, attempted to make the area required as extensions to the New Melbourne General Cemetery, at Fawkner, political capital out of this matter, Parish of Will-Will-Rook, has not yet been but unfortunately certain individuals transferred to the Crown. in the local districts have attempted to do so. I thought it was my At this point, the discovery was made responsibility to place on record the that all of the land had not been history of the case. Once it was transferred to the Crown when the found that the trustees were not the acquisition first took place. This was owners of this land, everything the crux of the whole problem which possible was done to overcome the confronted the City of Broadmea­ difficulty. As far back as 1965, my dows and the trustees of the ceme­ colleagues and I made representa­ tery. The secretary of the Depart­ tions, and it has taken until now for ment of Crown Lands and Survey the departmental officers to carry out went on to say- their investigations, submit reports However, in view of the urgency of the to their respective Ministers and matter, the Department, after consultation with the Department of Health, is proceed­ bring this Bill forward. ing with the reservation of the area already We certainly do not oppose the transferred to the Crown as a site for Bill; we are anxious that the matter cemetery purposes. should be finalized so that the And in the final part of his letter, he Governor in Council may be in a said- position to have the transfer Further attention will then be given to executed. Then the Broadmeadows the transfer to the Crown and reservation City Council will be able to com­ of other areas concerned. mence negotiations with the trustees Time passed and we were still keep­ of the New Melbourne Cemetery. I ing in close touch with the Minister ask the Minister to ensure that when of Health because representations the Bill is passed it is brought before were still being made to us by local the Executive Council as soon as residents and the city council. Every­ possible. one concerned was doing what they Mr. WHEELER (Essendon).-I could to rectify the problem as compliment the honorable member quickly as possible. In a further for Broadmeadows for the detailed letter to me, dated the 22nd Decem­ history he has given of the problem ber, 1966, the Minister of Health concerning this area of land. In 1948, Mr. Wilton. New Melbourne [22 FEBRUARY, 1967.] Cemetery Lands Bill. 3101 the cemetery trust found it neces­ Clause 3 (Revocation of tem­ sary to increase the amount of land porary reservation). it owned, so it acquired 133 acres of Mr. WILTON (Broadmeadows).­ the Gowrie Estate. Another area In regard to the cost of street con­ involved was on the west side of the struction, I was under the same existing cemetery between the impression as that held by the honor­ western boundary and East-street. able member for Essendon that the That section will be used to beautify trustees would not be subject to the the entrance to the existing cemetery, provisions of the Local Government and it is pleasing to know that this Act. Therefore, the Broadmeadows small area will not be used for roads City Council would have been placed or for a lawn cemetery. The present at a complete disadvantage if the approach is rather dismal. trustees saw fit -not to make a con­ Mr. WILTON.-It will also relieve tribution towards the cost of street traffic congestion in Sydney-road. construction. The council would be in the invidious position of having to Mr. WHEELER.-That is so, and it raise additional finance from general will serve a valuable general purpose. revenue or load the cost on to the Some unfair statements have been ratepayers in the scheme. This directed at the cemetery trust. It would have been most unfair, as the has been said that the trust is not trustees are in fact getting 30 acres obliged to pay anything towards the of land which were formerly used cost of street construction, but I for sport and recreation purposes. believe members of the trust will be They are not paying any compensa­ most fair in their approach to this tion at all. matter. The Broadmeadows City Council-incidentally, it did not make The sale of 750 grave sites the statement to which I have refer­ at $28 a site amounts to a con­ red-can look to the future in regard siderable income. I received a letter from the Parliamentary Draftsman to this scheme with the utmost advising me that the trustees of the confidence. I have confidence in New Melbourne Cemetery are subject the trust and believe it will to the requirements of Division 10 of come to the party and make a Part XIX. of the Local Government fair and equitable ex gratia payment Act, which sets out the rights of towards the cost of street construc­ municipal councils to recover street tion. It would be unfair if the resi­ construction costs. This does not dents were obliged to meet the addi­ exempt the cemetery trusts. I under­ tional costs of road construction stand that the council and the trust which would benefit the trust. will be able to reach agreement. The motion was agreed to. The clause was agreed to, as were the remaining clauses. The Bill was read a second time First Schedule. and committed. Mr. ROSSITER (Minister of Immi­ Clause 1 was agreed to. gration) .-It is necessary to omit the Clause 2 (Acquisition by Crown of First Schedule shown in the Bill and land near New Melbourne Cemetery). to insert a new schedule. There is only one difference, but a most im­ Mr. ROSSITER (Minister of Immi­ portant one, between the two plans. gration) .-1 assure the honorable The new plan slightly reduces the member for Broadmeadows that once area in the south-east corner, im­ the Bill is passed it will quickly be mediately north of Evell-street, by a brought before the Executive rectangular piece of land 53 feet by Council. 300 feet, which is to be permanently reserved and granted to the New The clause was agreed to. Melbourne Cemetery Trust. Session 1967.-109 3102 Co-operative Housing Societies [ASSEMBLY.] (Indemnities) Bill.

In the schedule printed in the Bill share value in the society before he there is a hatching of a small commences to build, or, when he separate section, just to the north of makes application for a loan, he Evell-street, which disappears in the needs a substantial deposit. At schedule as printed in the amend­ present, the maximum amount which ment. This area was transferred in can be lent to married couples November, 1964, to the Melbourne having fewer than five children is and Metropolitan Board of Works for $6,600; this is to be raised to $7,500. drainage, sewerage and plantation The present maximum amount of a purposes, and the purchase price was loan which may be made to a family refunded by the Board to the in which there are five or more cemetery trust. When the plan dependent children is $8,000; and included in the Bill was being pre­ this is to be raised to $8,900. Those pared, this transaction between the sums do not include amounts of Board and the cemetery trust was $600 for road making and $300 for overlooked. In the circumstances, sewerage. this area of 15,900 square feet of land The latest available report of should not be included in the areas the Registrar of Co-operative Hous­ to be permanently reserved and ing Societies is that for the year granted to the cemetery trust under ended 1965. It is obvious, therefore, this Bill. Therefore, I move- that unless question·s were asked of That the First Schedule be omitted with the Minister responsible for the the view of inserting a new schedule. administration of the Act, up-to-date The amendment was agreed to, and information on this subject would be the new schedule was adopted. almost impossible to obtain. The substance of the Premier's second­ The Bill was reported to the House reading speech on the Bill is reported with an amendment, and passed at page 2962 of Hansard, and is as through its remaining stages .. follows:- Since May, 1962, there has been a steady increase in building costs which has resulted CO-OPERATIVE HOUSING in a gradual widening of what we have SOCIETIES (INDEMNITIES) BILL.. come to know as the "deposit gap". This has forced many people to resort to the The debate (adjourned from higher interest rate second-mortgage loans February 14) on the motion of Sir to enable them to complete the erection or Henry Bolte (Premier and Treasurer) purchase of their own homes. In addition, for the second reading of this Bill a number of people, owing to their limited resources and inability to find the whole of was resumed. the difference between the tender or pur­ chase price and the amount of advance Mr. FENNESSY (Brunswick East). available, have been deprived of the benefits -This is a Bill to amend section 76 of co-operative housing. This is evidenced of the Co-operative Housing Societies by the fact that, in the last financial year, Act to provide for an increase in the only 189 indemnified advances were granted compared with 244 in 1964-65 and 418 in limits with regard to indemnities. I 1963-64. When those facts are considered, cannot honestly say that there is any one is left with no doubts that the proposed great argument with regard to the amendment is warranted. principal Act-almost without excep­ As the Premier intimated, because of tion honorable members agree that the steadily increasing costs of there is universal support for it. By building, increases in the maximum means of the Co-operative Housing amounts of these loans are necessary Societies Act it has been possible to so that members of co-operative do an excellent job in providing housing societies will be able to homes for people in the middle­ purchase homes without being income bracket. Because of the worried about the "deposit gap". high cost of housing, it is necessary This Bill proposes a worth-while for a member of a co-operative hous­ amendment to the Act, and the Labor ing society to have a large amount of Party offers no opposition to it. Richmond (South-Eastern [22 FEBRUARY, 1967.] Freeway) Lands Bill. 310a

Mr. PHELAN (Kara Kara).-This concerned with the problems which is a simple measure to increase the necessarily arise when a major amount which members- of co­ structure, such as a freeway, operative housing societies may is constructed in any area. In borrow. The societies may lend this case, the Richmond City Council money for purposes other than has been the body primarily con­ buildi:p.g only. In the past, in cerned with the major portion of the many instances, loans were made for lands covered by the legislation. building only. Additional amounts may be lent to meet the cost of It is pleasing to note that the Bill street construction and sewerage. covers in substance the major portion of the proposals submitted by the The Country Party makes no Richmond City Council in respect of criticism of this Bill, because it is that portion of the freeway which obvious that higher advances are passes through the municipality of necessary to meet increased costs. It Richmond. In its original planning is equally obvious that many mem­ stage, the freeway would have passed bers of co-operative housing societies through a considerable area of park­ have been forced to obtain loans from land in such a way as to render the other sources and to pay interest greater portion of it relatively use­ rates greater than the societies less. The proposed freeway at this charge. The co-operative housing point now passes through parkland societies constitute one of the great in such a way as to leave the assets of this State and represent one maximum area available for public of the great contributions the Parlia­ recreational use and, at the ment of Victoria has made _to meet same time, by the siting and planning the housing needs of the people in of the freeway and by diverting the the lower income group. The Country river, a considerable area of addi­ Party takes great pride in the fact tionalland will ultimately be available that it sponsored the Co-operative for use as parklands. Housing Societies Act. Accordingly, members of the Country Party have By and large, the pressures of great pleasure in supporting the modern society and the more frequent measure which, we believe, brings use of motor cars mean that free~ the amount which co-operative socie­ ways must be provided and, there~ ties may lend more into line with fore, it is inevitable that individuals present-day needs. or communities will suffer. The Bill is deserving of commendation, The motion was agreed to. certainly from the point of view of The Bill was read a second time, the residents of Richmond. Because and passed through its remaining of representations by the Richmond stages. City Council, which were accepted by the Minister and the Government, the RICHMOND (SOUTH-EASTERN freeway will serve many road-users FREEWAY) LANDS BILL. in such a way that the effective use of parklands in the area will not be The debate (adjourned from Feb­ affected. ruary 14) on the motion of Mr. Balfour (Minister of Lands) for the Mr. JONA (Hawthorn).-I com~ second reading of this Bill was mend the Bill. I am in complete resumed. agreement with the remarks of the Mr. HOLDING (Richmond).-The honorable member for Richmond, Opposition does not oppose this Bill who rightly said that this Bill is which, in the form in which it comes directly concerned with areas of land before the House, is the result of within the municipality of Richmond considerable discussion between re­ which, by an Act of Parliament, had presentatives of the Lands De­ been reserved for other purposes. partment and various local bodies This Bill, of course, will enable the 3104 Richmond (South-Eastern [ASSEMBLY.] Freeway) Lands Bill.

Melbourne and Metropolitan Board As honorable members are aware, of Works to proceed with the con­ the original proposal caused some struction of the freeway along the concern to the authorities of Scotch lines indicated by the honorable College and St. Kevin's College from member for Richmond. It is fair to the point of view of the effect that say that, whilst the Melbourne and the freeway would have on these two Richmond Lands Act 1959 provided schools. The Minister is to be com­ for the construction of the freeway mended for the manner in which he from Morell bridge in Batman-avenue handled the objections which to a point near Loyola-grove ad­ emanated not only from these two jacent to Richmond park in the City bodies but from other people in the of Richmond, the new reserved areas area who could have been adversely are situated within the State electo­ affected by the implementation of rate of Hawthorn. alternative plans submitted by various parties. This measure will enable a con­ tinuation of the South-Eastern Free­ Honorable members will readily way which, according to the Minis­ recognize that, when a new freeway ter's second-reading speech, as re­ is constructed, there must ineVitably ported at page 2953 of Hansard of be some encroachment upon private the present sessiOn, extends to a residential areas, commercial sites or location adjacent to Toorak-road, public parklands. The House should near Auburn-road, in the City of also appreciate that it has been the Prahran. This would appear to be policy of the Government-this has an error. Offhand, I am not sure been well instanced in the planning of the location of the South-Eastern of the South-Eastern Freeway-and Freeway at this point, but I believe also of the Board of Works to ensure it is, in fact, on the southern side that, when a project of this type of Gardiners creek, which would encroaches on public parklands, an place it in the City of Malvern. area at least equal in size to the The Minister of Lands may be able affected area must be set aside for to enlighten me on this point. I use as new parklands. This policy has been adopted in connexion with raise it, not as a technical issue, but the South-Eastern Freeway. simply in order that the record might be correct. I should like to place on record the appreciation of those on whose behalf In his second-reading speech, the I made representations to the Minister explained-the honorable Minister at various times for the member for Richmond also referred co-operative hearing which he and to it-that the proposed route of the his officers gave at all times to ensure freeway has received the approbation that the extension of the freeway will of the Richmond City Council; in cause a minimum amount of incon­ fact, it follows almost completely the venience to all parties and a maxi­ preferences submitted by that muni­ mum amount of acceptance having cipality. Whilst it might not be regard to the limits imposed by the directly relevant to this Bill, I believe costs of the projects. it would be pertinent to refer briefly Mr. PHELAN (Kara Kara).-Coun­ to the other problems which the try Party members support the Bill Board of Works and the Minister for which, we believe, is the result of Local Government encountered in close co-operation between the Local planning the extension of the freeway Government Department, the Lands beyond Richmond. I refer specifically Department and the Melbourne and to the difficulty encountered in the Metropolitan Board of Works, which planning of the freeway through the is the constructing authority for areas of Hawthorn and on land metropolitan freeways. The plan, within the State electorate of Toorak. which has now been drawn up for Mr. Jona. Richmond (South-Eastern [22 FEBRUARY, 1967.] Freeway) Lands Bill. 3105 the extension of the freeway, repre­ state that I found it. I hope it will sents a good example of the preserva­ not be necessary for me to have to tion of the interests of the public. account to him as one would in Whilst the implementation of the pro­ handing over Army stores. posal will result in a diminution to This is a good Bill. Much trouble some degree of public parklands, the was encountered in regard to this Bill provides for a replacement of freeway. As members are aware, it these areas by means of reclamation was proposed at one stage to con­ work. This is worthy of commenda­ struct the freeway through the most tion. The public interest will be expensive land in the residential area fully served by improved means of of Toorak-in fact, through the pro­ egress from and ingress to the city, perty of a most exclusive girls' school. and protected by reserving to the There is something to be learned municipality of Richmond playing from all the negotiations that have areas which are so vital in the taken place. There was a great deal suburban areas within the greater of comment and heartburning by Melbourne area. people pushing forward plans which Because of the forward-thinking resulted in a hearing in the Prahran which is evident in the proposal to town hall. This procedure must have replace parkland that will be elimina­ provided a fine feast for members of ted in the process of constructing the the legal profession, and many plans freeway by reclaiming certain other that had no chance of being put into land, one can find little to criticize in effect were ven tila ted. this Bill. The Country Party sup­ In his handling of this difficult situa­ ports the measure without reserva­ tion, the Minister did a wonderful tion. job, because he was able to satisfy Mr. HUDSON (Toorak).-The the four members through whose honorable member for Richmond and electorates the freeway will pass. the honorable member for Hawthorn Three of those members have already have expressed their views on this spoken to-night and all have com­ Bill, and I feel it incumbent upon me mended the Minister for having done to say a few words about the freeway a good job. Anyone who can drive a and this measure. Much has been freeway through four electorates and made of the fact that, in total area, satisfy all of the members who repre­ no parklands will be lost, but I must sent them must have judgment point out that the deviation worthy of the giants of Greek of the river will result in some mythology. land being taken from the City of The motion was agreed to. Prahran with a consequent loss of The Bill was read a second time, ra tes to the Prahran council. The and passed through its remaining land through which the new river bed stages. will be cut will be taken from various constituents in Toorak. Mr. HOLDING.-The land is RAILWAYS (STATE COAL MINE privately owned. OFFICERS) BILL. Mr. MEAGHER (Minister of Trans­ Mr. HUDSON.-It will be taken port) .-1 move- from the owners of that property. In That this Bill be now read a second time. the light of the fate of the Toorak The purpose of this small measure is to electorate I suppose, on a hot night improve the basis on which long ser­ like this, one could not really cavil vice leave entitlement accrues to staff at the proposed taking of a small at the State Coal Mine, Wonthaggi, piece of land, but I should have pre­ when their service terminates on the ferred to hand over the electorate to ground of redundancy. Long service the incoming member in the same leave for staff at the State Coal Mine Session 1967.-110 3106 Railways (State Goal Mine [ASSEMBLY.] Officers) Bill. is provided for in sections 187 to 189 On the motion of Mr. STONEHAM of the Railways Act 1958, No. 6355. (Leader of the Opposition), "the de­ In section 189 it is provided that bate was adjourned. railway service includes, amongst It was ordered that the debate be other things, service as an officer or adjourned until Wednesday, March 1. employee employed at the State Coal Mine. ADJOURNMENT. As the Act stands at present, when EDUCATION DEPARTMENT: KEILOR the service of an officer or employee HEIGHTS PRIMARY SCHOOL-RAIL­ terminates because he is redundant, WAY DEPARTMENT: FIRE DANGER he is eligible for payment in lieu of FROM DIESEL LOCOMOTIVES. long service leave only if he has Mr. MEAGHER (Minister of Trans­ completed fifteen years' service. Fur­ port) .-1 move- ther leave accrues in respect of each That the House, at its rising, adjourn five-year period of service. As hon­ until Tuesday next, at half-past Three orable members are aware, mining o'clock. operations at the State Coal Mine The motion was agreed to. have been diminishing for some time, and, as there is no likelihood of im­ Mr. MEAGHER (l\1inister of Trans­ provement, more staff will become port) .-1 move- surplus as time goes on. That the House do now adjourn. I might add that we face an even Mr. GINIFER (Grant).-I bring to greater danger. If we lost the the notice of the House a most present manager, it would be almost unfortunate situation which has impossible to replace him, and under arisen due, I feel, to the maladminis­ the Mines Act the mine cannot be tration of the Education Department. operated without a qualified mana­ I refer to the Keilor Heights Primary ger. It is, therefore, essential that School, where insufficient accom­ provision should be made for the men modation was available to enable who may become redundant from 70 children to commence their school life. In fairness to the Minister of time to time. Education, I should say that I wrote Because staff displaced at the mine to the Assistant Minister, who in­ cannot be offered alternative employ­ formed me that investigations would ment in the same industry, the be made. Government considers that it would To date no portable class-rooms be reasonable to regard such staff, have been erected. I believe that, in upon termination of service, as being this day and age, suitable statistics prevented, for reasons outside their must have been available to enable control, from qualifying for the full the Department to gauge the period of long service leave that requirements of the area, and there­ would have accrued in the ordinary fore arrangements should have been course. made to accommodate the expected It is therefore proposed to put an enrolments. I ask the Minister officer or employee at the State Coal urgently to investigate this matter, in Mine whose service terminates be­ order that the children who could not cause he is redundant on the same be accommodated at the Keilor basis in respect of long service leave Heights Primary School may com­ as already applies to an officer or mence their school life within the employee who retires or dies. This shortest possible period. means that payment would be made Mr. WILTON (Broadmeadows).­ for pro rata long service leave in On 25th January, I wrote to the respect of each completed year of Minister of Transport requesting him service, subject to a minimum of five to receive a deputation from several years. The Bill provides accordingly, rural fire brigades within my elec­ and I commend it to the House. torate to discuss the problems that Mr. Meagher. Adjournment. [22 FEBRUARY, 1967.] Adjournment. 3107

they claim they are experiencing rapidly whirls the incandescent par­ from fires being started on certain ticles to break them up into fine par­ railway property. I have received no ticles which, in theory, go out as soon reply to my letter and, whilst I as they strike the air. Investigations appreciate that it is possible for mail have been made concerning the pos­ to go astray-this occurred on a pre­ sibility of placing some further spark vious occasion with a letter for­ arrester on these smoke stacks" but warded to the Minister of Transport, the particles are so small that any therefore I am not suggesting that he effective spark arrester fitted on top is deliberately ignoring my letter-I of the stack would so reduce the ask him to make inquiries in the efficiency of the locomotive that it Department. If the letter cannot be would be an impracticable proposi­ located, will the honorable gentleman tion. consider receiving this deputation These investigations have been because, in January, the matter was pursued throughout the world with­ - considered to be urgent, and, in the out result. They have taken some present state of the weather, it would time, which is one reason why the be more urgent? honorable member has not received Mr. MEAGHER (Minister of Trans­ a reply to his letter. The investiga­ port) .-1 shall direct to the attention tions have just been completed and, of the Minister of Education the as a result, instructions have been matter raised by the honorable mem­ issued that the smoke stacks of all ber for Grant, and ask him to contact diesels are to be immediately cleared the honorable member as soon as and re-cleared at more frequent inter­ possible with information on what is vals than before. All diesels are to being done about the problem to be inspected to ascertain whether which he referred. any of the defects suspected of caus­ ing this trouble are present or likely I recall receiving a letter from the to occur. honorable member for Broad­ meadows relating to a claim by cer­ These precautions are being taken tain people in the Country Fire seriously because of the present Authority that diesel locomotives weather conditions. It must be were causing fires in country areas. realized that the Railway Department I had already received statements does more than anyone else in burn­ from various people asserting that ing off its own rights-of-way. this was the case. For a long time it Clearly, in certain conditions, a spark had been the opinion of railway can fly across the burnt-off area. engineers that, in normal circum­ Since diesels were introduced into stances, a diesel locomotive would this State, they have travelled not cause such a fire. However, upon 91,000,000 miles, and the number of closer investigation, it was dis­ fires they may have caused-some­ covered that when a certain defect times it is difficult to prove that they develops in the piston of a diesel did cause a fire-would be infinitesi­ locomotive-this can happen without mal when compared with the total warning-it is possible for in­ number of fires which have occurred candescent particles to be thrown throughout the State over the period. from the smoke stack, and thereby I assure the honorable member fires may be caused. In a couple of that everything possible is being recent instances it was believed that done to prevent fires occurring as a this occurred. In each case, the result of diesel operations. Within diesels were immediately taken out the next few days, he will receive a of service, and this defect was found. formal reply to his letter. I think I should explain that in the The motion was agreed to. smoke stack of a diesel there is a chamber that takes the place of a The House adjourned at 10.37 p.m. spark arrester. This chamber until Tuesday, February 28. 3108 New Member. [COUNCIL.] Zoological Gardens Bill.

FRIENDLY SOCIETIES 1Jjtgi.alatiut mnuntil. (INVESTMENT) BILL. Tuesday, February 28, 1967. This Bill was received from the Assembly and, on the motion of the Han. L. H. S. THOMPSON (Minister of Housing) , was read a first time. The PRESIDENT (the Hon. R. W. Mack) took the chair at 4.50 p.m., and read the prayer. . COUNTRY FIRE AUTHORITY (PROSECUTIONS) BILL. NEW MEMBER. This Bill was received from the The PRESIDENT (the Hon. R. W. Assembly and, on the motion of the Mack) announced that he had re­ Han. L. H. S. THOMPSON (Minister ceived a return to the writ he had of Housing) , was read a first time. issued for the election of a member to serve for the Higinbotham Pro­ vince in the place of the Han. ZOOLOGICAL GARDENS BILL. Baron David Snider, deceased, show­ This Bill was received from the ing that Mr. Harold Murray Hamilton Assembly and, on the motion of the had been elected. Han. V. O. DICKIE (Minister of Health), was read a first time. Mr. Hamilton was introduced and sworn. DOWLING FOREST RACECOURSE THE GEE LONG GAS COMPANY'S LANDS BILL. BILL. This Bill was received from the This Bill was received from the Assembly. Assembly. The PRESIDENT (the Hon. R. W. Mack).-I have examined this Bill The PRESIDENT (the Hon. R. W. and in my view it is a private Bill. Mack).-I have examined this Bill, and in my opinion it is a private Bill. The Hon. V. O. DICKIE (Minister of Health) .-In another place, this The Hon. V. O. DICKIE (Minister Bill was also ruled to be a private of Health) .-Mr. President, in Bill but was treated as a public Bill, another place, this Bill was also ruled and I propose that the same proce­ to be a private Bill, but it was dealt dure be followed in this House. There­ with as a public Bill, except as to fore, I move- the payment of fees. I propose that That this Bill be dealt with as a public the same procedure be followed in Bill. this House. Therefore, I move- The motion was agreed to. That this Bill be dealt with as a public Bill except in relation to the payment of On the motion of the Han. V. O. fees. DICKIE (Minister of Health), the Bill was read a first time. I produce a receipt showing that the sum of $200 has been paid into the Treasury for the public uses of the State to meet the expenses of the Bill. NEW MELBOURNE CEMETERY LANDS BILL. The motion was agreed to. This Bill was received from the On the motion of the Han. V. O. Assembly and, on the motion of the DICKIE (Minister of Health), the Bill Han. V. O. DICKIE (Minister of was read a first time. Health), was read a first time. Forests [28 FEBRUARY, 1967.] Commission. 3109

CO-OPERATIVE HOUSING FORESTS COMMISSION. SOCIETIES (INDEMNITIES) BILL. PINE PULPWOOD: PURCHASE PRICE. The Hon. I. A. SWINBURNE This Bill was received from the (North-Eastern Province) asked the Assembly and, on the motion of the Minister of F orests- Hon. L. H. S. THOMPSON (Minister What is the current price per cunit f.o.r. sending stations for pine pulpwood pur­ of Housing), was read a first time. chased by the Forests Commission from sawmills and logging licensees operating in pine plantations, and what has been the RICHMOND (SOUTH-EASTERN price for each year since 1960-61? The Hon. L. H. S. THOMPSON FREEWAY) LANDS BILL. (Minister of Forests).-The answer This Bill was received from the is of a statistical nature, and, with Assembly and, on the motion of the the approval of the House, I suggest that it be incorporated in Hansard Hon. R. J. HAMER (Minister for without my reading it. Local Government), was read a first Leave was granted, and the answer time. was as follows:-

Price per Cunit.

Plantatiol1. Current Price, 1960-61. 1961-62. 1962-63. 1963-64. 1964-65. 1965-66. 1966-67.

$ £ 8. d. £ 8. d. £ 8. d. £ 8. d. £ 8. d. $ Yarrowee ...... 8 0 0 8 0 0 ...... Bright ...... 16.50 ...... 16.50 Creswick-

(a) Thinning ...... 710 0 7 10 0 ...... (b) Residual from logging 16.00 810 0 8 10 0 8 0 0 8 0 0 8 0 0 16.00 Aire Valley .. .. 24.00 ...... 10 18 6 21.85 Waarre ., .. .. 18.75 .. .. 9 0 0 9 0 0 9 7 6 18.75 Ovens ...... 16.50 8 0 0 8 0 0 8 0 0 8 0 0 7 18 6 16.00 and and 7 18 6 8 0 0

FUNDS FROM CONSOLIDATED REVENUE: amounts paid in during the last three years FORESTS ROADS ACCOUNT. from each source? The Hon. I. A. SWINBURNE (c) What funds have been paid out of the Forests Roads Trust Fund in the (North-Eastern Province) asked the Treasury, giving details of each such pay­ Minister of Forests- ment during the last three years? (a) What funds were made available from Consolidated Revenue to the Forests Com­ The Hon. L. H. S. THOMPSON mission in each of the last three financial (Minister of Forests).-The answers years, giving details of each category of use? contain detailed information, and I (b) What funds are held by the Treasury seek leave for their incorporation in in the Forests Roads Trust Fund, giving the Hansard without my reading them. ,3110 , Forests [COUNCll...] Oommission.

Leave was granted, and the answers were as follows:­ (a)

Funds Available and Details of Use. 1963-64. 1964-65. 1965-66.

$ $ $ Votes ...... 2,746,742 3,027,981 3,170,995 DetailB of U8e. Salaries and Long Service Leave .. .. ., 1,615,674 1,735,470 1,874,482 Travelling Expenses, Forage, Stores, &c. .. .. 212,420 287,818 216,794 School of Forestry ...... 34,800 35,000 35,000 Foresters' Quarters ...... 8,300 7,100 7,100 Vermin and Noxious Weeds ...... 3,850 .. . . Aircraft Patrol ...... 1,488 2,700 .. School Plantations ...... 1,244 . . . . Grant to "Save the Forests" Council ...... 10,000 10,000 10,000 Pay-roll Tax ...... 44,660 48,052 50,834 Mountain Gallery-Kalorama ...... 12,800 7,900 1l,741 Contribution to National Sirex Fund ...... 37,530 41,700 41,700 Grant to Timber Promotion Committee ...... 6,000 6,000 Forest Equipment Hire Account ...... , 2,000 .. State Sawmill, Erica-Working Expenses .. .. 123,656 127,024 114,969 Utilization of Forest Produce ...... 546,344 717,214 801,902 2,652,766 3,027,978 3,170,522 Commissioners' Salaries ...... 26,000 26,000 28,121

Fore8try Fund. Balance Brought Forward ...... 182,1l4 148,978 105,932 Annual Intake ...... 2,036,808 2,166,046 2,320,521 Total Fund .. 2,218,922 2,315,024 2,426,453

DetailB of U8e-Fore8try Fund. Forests ...... 1,822,094 1,988,766 1,917,228 Plantations ...... " 93,496 38,924 39,991 Nurseries ...... 46,674 50,332 53,176 General ...... 107,680 131,070 162,514 2,069,944 2,209,092 2,172,909 I

(b) The amount standing to the credit of the Forests Roads Account in the Treasury at 30th June, 1966, was $14,065.33. The amounts paid in, and the sources, during the last three years were as follows :-

Australian Colonial Sugar - Paper Manufac- Refining Total. turers Ltd. Co. Ltd.

$ $ $ 1963-64 ...... 4,420.09 611.11 5,031.20 1964--65 ...... 3,732.39 936.16 4,668.55 1965-66 ...... 7,496.35 1,096.58 8,592.93 15,648.83 2,643.85 18,292.68 · Forests [28 FEBRUARY, 1967.] Commission. 3111

(c) The amounts debited to the Forests Roads Account in the Treasury during the last three years were :- $ S 1963-64 Nil Nil 1964-65 Macalister Forest District 12,041.30 1965-66{Macalister Forest District 82.34 Daylesford Forest District 671.32 753.66

12,794.96

ROYALTIES: DECIMAL CONVERSION (c) (i) As the exact decimal equiva­ VALUES. lent of the 26&. 3d., for Zone 2 "Other Hardwoods" was $2. 62!c, $2.62 was no The Hon. I. A. SWINBURNE more correct than $2.63. In this case, the (North-Eastern Province) asked the higher figure (which affects only a rela­ tively small volume of logs) was adopted Minister of Forests- in order to partially offset losses due to (a) Why were incorrect conversion rates adverse conversion of other equation factor applied by the Forests Commission in their values. approved decimal conversion values deal­ ing with the royalty equation system? (ii) The exact decimal equivalent of the softwood transport allowance was $2. 47!c (b) Did the Forests Commission's leaving the Commission a choice between schedule of approved decimal conversion values show that the Commission would the equally correct $2.47 and $2.48. gain on eight values and the sawmillers Adoption of $2.48 as the factor value in on four values, whereas in actual fact this case would have caused a gain to the two of the gains due to sawmillers were Commission, as many royalty rates and the converted to gains by the Commission? Commission's revenue would have been (c) Did the Commission in Zone 2 for correspondingly higher. "Other Hardwoods" convert 26s. 3d. to (d) and (e) Except where recalculation $2 .63 instead of $2 .62, and reduce the of royalty rates was necessitated by re­ transport allowance for softwoods by the vision of royalty data, the Commission's conversion of 24s. 9d. to $2.47 instead of $2.48? decimal conversion procedure involved direct conversion of all previously estab­ (d) What was the increase (if any) in lished royalty rates in accordance with royalty rates in both of the following the Decimal Currency Board's "Compre­ categories:-(i) Zone 2 "Other Hard­ woods" log sales; and (ii) softwood logs hensive Table", leaving most royalty rates throughout Victoria? in this sense unchanged. (e) If there was no royalty increase in The particular factor values quoted in either case, what was the reason? paragraph (c) ($2 .62 and $2 .47) were (f) If there was an increase in royalty, used only for new-area or revised-data did the increase apply to all logs in Zone royalty determinations, and only during 2 and all softwood logs; if not, why? the period 14th February, 1966, to 31st The Hon. L. H. S. THOMPSON August, 1966. Increased factor values (Minister of Forests).-The answers applied from 1st September, 1966 to provide additional revenue and allow for higher are- railway freight charges. (a) In order to avoid the use of parts (f) During the period 14th February, of cents, basic equation factor values were converted on a nearer-whole-cent basis 1966, to 31st August, 1966- acceptable to the Victorian Sawmillers' (i) about twenty royalty rates for Zont: Association. The over-all conversion pro­ 2 "Other Hardwoods" were 1 cedure was designed to avoid any material cent higher than they would have increase or decrease in the Commission's been if the exact equivalent net total revenue. ($2.62!) of 26s. 3d. had been adopted; such increases applied to (b) The Commission's "Approved Deci­ only about 750,000 super. feet of mal Conversion Values" revealed from logs (less than 0.2 per cent. of the outset that the Commission would 1965-66 total log sales). gain on ten values and the sawmillers on two values. Calculations made at that (ii) no softwood royalty rates were time indicated that the Commission's ten increased as a result of decimal gains would balance its two losses. conversion. 3112 Forests Oommission. [COUNCIL.] Co-operative Housing Societies.

DELEGETE, WEST ERRINUNDRA, ADA CO-OPERATIVE HOUSING AND HENSLEIGHS CREEK LOGGING SOCIETIES. UNITS: ROYALTIES. LOAN INDEMNITIES. The Hon. J. M. TRIPOVICH (Doutta Galla Province) asked the The Hon. J. M. TRIPOVICH Minister of Forests- (Doutta Galla Province) asked the (a) What is the acreage or estimated Minister of Housing- acreage of each of the Delegete, West Errinundra, Ada and Hensleighs creek logg­ (a) How many co-operative housing ing units, respectively? society loans were indemnified by the Government under section 76 of the Co­ (b) What is the estimated volume per operative Housing Societies Act 1958, from acre of logs suitable for sawmilling growing 7th November, 1962, to 15th December, on each such logging unit? 1964, and from 16th December, 1964 to date, (c) What is the volume of logs estimated respectively, and what was the total amount to be sold to sawmillers from each such involved for each such period? logging unit during the current financial year? (b) How many of the loans so in­ demnified exceeded 85 per cent. of the (d) What is the royalty rate for logs valuation of the house concerned, and of taken from each of these areas? these, how many were for the maximum (e) Have the royalty rates been increased loan provided under the section? since the logging rights were granted to the sawmillers; if so, what was the amount of The Hon. L. H. S. THOMPSON increase in each case? (Minister of Housing) .-The answers are- The Hon. L. H. S. THOMPSON (Minister of Forests) .-The answers (a) are- No. Amount. (a) Delegete logging unit-9,OOO acres. West Errinundra logging unit-16,600 acres. Ada logging unit-ll,500 acres. Hensleighs $ creek logging unit-lO,OOO acres. Period 7th November, 1962, (b) Delegete logging unit-ll,OOO s. ft. to 15th December, 1964. . 629 303,578 H.L.V. West Errinundra logging unit- 10,000 s. ft. H.L.V. Ada logging unit-8,OOO Period 16th December, 1964, to date 484 222,508 s. ft. H.L.V. Hensleighs creek logging unit-8,OOO s. ft. H.L.V. (c) Delegete logging unit-Nil. West (b) Number of loans exceeding 85 per Errinundra logging unit-250,OOO s. ft. cent. of valuation--603. H.L.V. Ada logging unit-1,250,OOO s. ft. Number of maximum loans-three. H.L.V. Hensleighs creek logging unit- 1,500,000 s. ft. H.L.V. (d) Royalty rates for sawlogs from the PROVISION OF FUNDS. named logging units cannot be determined until such time as logging commences. The Hon. J. M. TRIPOVICH (e) A general increase in hardwood saw­ (Doutta Galla Province) asked the log rates took effect from 1st September, Minister of Housing- 1966. As no royalty rates have yet been determined the increase in respect of each (a) What amounts of money were made unit cannot be stated but the general effect available to and/or obtained by Victorian in the Orbost-Club Terrace locality is an co-operative housing societies during the increase of 8 cents. calendar year 1966? Go-operative Housing [28 FEBRUARY, 1967.] Societies. 3113

(b) From what lending institutions and been supplied. Therefore, I seek in­ in what amounts was the money obtained, formation relating to the latter half and to what societies were the advances made? of the calendar year 1966 only. By leave, I wish to explain that The Hon. L. H. S. THOMPSON although my first question relates to (Minister of Housing) .-The answers the calendar year 1966, the Depart­ are somewhat detailed, and I seek ment was good enough to inform me leave for their incorporation in by telephone that the information Hansard without my reading them. sought in respect of the half-year Leave was granted, and the ended 30th June, 1966, had already answers were as follows:- As a result of a telephone conversation between the honorable member and the Department concerned, it was agreed to provide information only in respect of the half-year ended 31st December, 1966. the details in respect of the half-year ended 30th June, 1966, having been included in the reply to a question asked in another place in September last year. (a)- (b)- Amount. Lender. Society. $ 200,000 Commonwealth Savings Bank of Upfield Co-operative Housing Australia .. Society Limited. 200,000 Commonwealth Savings Bank of Security (No. 23) Co-operative Australia " Housing Society Limited. 100,000 I- .- Bank of New South Wales Horsham No. 5 Co-operative Savings Bank Limited Housing Society Limited. 100,000 Australia and New Zealand Boronia No. 5 Co-operative Savings Bank Limited Housing Society Limited. 100,000 Western Australian Insurance Boronia No. 5 Co-operative , Company (Canberra) Limited Housing Society Limited. 200,000 Commonwealth Savings Bank of Ringwood (No.8) Co-operative Australia .. . . Housing Society Limited. 100,000 Commercial Savings Bank of Roslyn (No.4) Co-operative Australia Limited Housing Society Limited. 100,000 Commonwealth Savings Bank of Laverton (No.4) Co-operative Australia .. Housing Society Limited. 100,000 Bank of New South Wales British Migrants Co-operative ( additional) Savings Bank Limited Housing Society (Vic.) Limited. 200,000 Commonwealth Savings Bank of Heidelberg District (No.7) Co- Australia .. operative Housing Society Limited. 200,000 Commonwealth Savings Bank of Manningham No. 2 Co-operative Australia .. Housing Society Limited. 150,000 Commercial Savings Bank of Cyprian No. 1 Co-operative Australia Limited Housing Society Limited. 100,000 Commercial Savings Bank of Greater Ballaarat No. 5 Co- Australia Limited operative Housing Society Limited. . , 200,000 E.S. & A. Savings Bank Limited K.S.M. (No.5) Co-operative Housing SocietY Limited. 200,000 Commonwealth Savings Bank of Oakleigh (No. 15) Co-operative Australia .. Housing Society Limited. 400,000 State Savings Bank of Victoria Associated Tobacco Companies Co-operative Housing Society No. 11 Limited. 100,000 Commonwealth Savings Bank of Thornbury No.' 3 Co-operative ( additional) Australia .. . . Housing Society Limited. 200,000 Commonwealth Savings Bank of Juno Co-operative Housing Society ( additional) Australia .. . . Limited. ' 100,000 Commercial Savings Bank of Brougham (No.' 1) Co-operative Australia Limited .. Housing Society Limited. 100,000 C.B.C. Savings Bank Limited Kardinia (No. ' 11) Co-operative Housing Society Limited. 200,000 Austmlia and New Zealand Friendly Societie's (No.3) Co- Savings Bank Limited operative Housing Society Limited. ' 100,000 National Insurance Company of Wannon (No.' 2) Co-operative New Zealand Limited Housing Soci~tY Limited. 3114 Co-operative Housing [COUNCIL.] Societies.

(a) -continued. (b)-continued. Amount. Lender. Society. $ 100,000 C.B.C. Savings Bank Limited .. Friendly Societies (No.4) Co- operative Housing Society Limited. 100,000 Australia and New Zealand Traralgon (No.3) Co-operative Savings Bank Limited Housing Society Limited.

The under-mentioned societies received allocations from the Home Builders' Account under the 1966 Commonwealth-State Housing Agreement:- Amount. Society. $ 200,000 Alexandra No. 3 Co-operative Housing Society Limited. 300,000 Amalgamated Carpenters and Joiners No. 5 Co-operative Housing Society Limited. 200,000 Altona (No.6) Co-operative Housing Society Limited. 300,000 AN.A Co-operative Housing Society (No. 14) Limited. 300,000 Avalon Co-operative Housing Society Limited. 200,000 Bairnsdale and District (No.7) Co-operative Housing Society Limited. 300,000 Balaton Co-operative Housing Society Limited. 200,000 Ballarat No. 11 Co-operative Housing Society Limited. 100,000 Ballarat AN.A No.4 Co-operative Housing Society 'Limited. 300,000 Ballarat Young Workers (No.3) Co-operative Housing Society Limited. ' 320,000 Barwon and Bellerine (No.5) Co-operative Housing Society Limited. 300,000 Bata (No.4) Co-operative Housing Society Limited: 300,000 Baxter (No.4) Co-operative Housing Society Limited. 240,000 Bayside (No.3) Co-operative Housing Society Limited. 300,000 Bayswater (No.2) Co-operative Housing Society Limited. 300,000 Belgrave (No. 10) Co-operative Housing Society Limited. 240,000 Benalla No. 7 Co-operative Housing Society Limited. 260,000 Berwick No. 3 Co-operative Housing Society Limited. 300,000 Boronia No. 6 Co-operative Housing Society Limited. 300,000 Bourke No. 2 Co-operative Housing Society Limited. 300,000 Brunswick and District No. 3 Co-operative Housing Society Limited. 300,000 B.W.I.U. (Carpenters and Joiners) No.4 Co-operative Housing Society Limited. 300,000 Caroline Chisholm Co-operative Housing Society Limited. 300,000 Castlemaine No. 2 Co-operative Housing Society Limited. 640,000 Corio and Moorpanyal (No. 12) Co-operative Housing Society Limited. 300,000 Croydon District (No.8) Co-operative Housing Society Limited. 300,000 Dandenong No. 9 Co-operative Housing Society Limited. 300,000 Daylesford (No.3) Co-operative Housing Society Limited. 300,000 Dennis Co-operative Housing Society Limited. 300,000 Diamond Valley Co-operative Housing Society Limited. 300,000 Dingley Co-operative Housing Society Limited. 240,000 Drouin and District (No.2) Co-operative Housing Society Limited. 240,000 Dundas Co-operative Housing Society Limited. 500,000 Eaglehawk No. 8 Co-operative Housing Society Limited. 300.000 Eastern Suburbs (No.7) Co-operative Housing Society Limited. 300,000 Eastern Suburbs (No.8) Co-operative Housing Society Limited. 260,000 Echuca and District (No.4) Co-operative Housing' Society Limited. 300,000 Enterprise No.2 Co-operative Housing Society Limited. 240,000 Erica Co-operative Housing Society Limited. 300,000 Federated Clerks Union (No.6) Co-operative Housing Society Limited. 300,000 Footscray and District No. 9 Co-operative Housing Society Limited. 300,000 Garden City No. 4 Co-operative Housing Society Limited. 640,000 Geelong Citizens Co-operative Housing Society No. 13 Limited. 300,000 Glen Iris and District No. 6 Co-operative Housing Society Limited. 500,000 Golden City No. 4 Co-operative Housing Society Limited. 300,000 Gowrie Co-operative Housing Society Limited. . . 300,000 Greater Ballaarat No. 4 Co-operative Housing Society Limited. 300,000 Greater Mordialloc No. 3 Co-operative Housing Society Limited. 300,000 Greek Community Co-operative Housing Society Limited. 280,000 Hamilton (No.8) Co-operative Housing Society Limited. 300,000 Heathmont (No.3) Co-operative Housing Society Limited. 300,000 Heidelberg District (No.6) Co-operative Housing Society Limited. 240,000 Highfield Co-operative Housing Society Limited. 300,000 Hobson (No.6) Co-operative Housing Society Limited. Co-operative Housing [28 FEBRUARY, 1967.] Societies. 3115

Amount. Society. $ 320,000 Horsham No. 6 Co-operative Housing Society Limited. 300,000 I.O.R. No. 3 Co-operative Housing Society Limited. 400,000 Italia Co-operative Housing Society Limited. 300,000 Ivandale No. 9 Co-operative Housing Society Limited. 300,000 Kal Kallo Co-operative Housing Society Limited. 500,000 Kangaroo Flat (Bendigo) No. 8 Co-operative Housing Society Limited. 640,000 Kardinia (No. 10) Co-operative Housing Society Limited. 300,000 K.S.M. Co-operative Housing Society (No.4) Limited. 260,000 Kyabram and District (No.8) Co-operative Housing Society Limited. 240,000 LaJ1.g Lang No. 4 Co-operative Housing Society Limited. 300,000 Le Foyer (No.8) Co-operative Housing Society Limited. 280,000 Loddon No. 6 Co-operative Housing Society Limited. 300,000 Lonsdale (No. 10) Co-operative Housing Society Limited. 240,000 Maffra No. 5 Co-operative Housing Society Limited. 240,000 Maroondah Co-operative Housing Society Limited. 300,000 Maryborough and District No. 5 Co-operative Housing Society Limited. 300,000 Mentone (No.2) Co-operative Housing Society Limited. 300,000 Midlands No. 2 Co-operative Housing Society Limited. 300,000 Mitcham (No.5) Co-operative Housing Society Limited. 240,000 Moe Co-operative Housing Society Limited. 320,000 Moorabool No. 7 Co-operative Housing Society Limited. 300,000 Moreland and District No. 4 Co-operative Housing Society Limited. 300,000 Murray Valley (No.7) Co-operative Housing Society Limited. 200,000 Myrtleford and District Co-operative Housing Society No. 2 Limited. 240,000 Nepean (No.6) Co-operative Housing Society Limited. 400,000 Netherlands-Australian No. 22 Co-operative Housing Society Limited. 300,000 Numurkah and District (No.4) Co-operative Housing Society Limited. 300,000 Oakleigh (No. 14) Co-operative Housing Society Limited. 320,000 Ocean Grove and District (No.5) Co-operative Housing Society Limited. 260,000 Pakenham No. 3 Co-operative Housing Society Limited. 300,000 Parkdale No. 3 Co-operative Housing Society Limited. 240,000 Polwarth Co-operative Housing Society Limited. 260,000 Portland (No.6) Co-operative Housing Society Limited. 300,000 Preston and District No. 3 Co-operative Housing Society Limited. 300,000 Ripon (No.7) Co-operative Housing Society Limited. 300,000 Rosebud (No.6) Co-operative Housing Society Limited. 300,000 Rosanna District (No.4) Co-operative Housing Society Limited. 260,000 Sale No.6 Co-operative Housing Society Limited. 300,000 Sandown Co-operative Housing Society Limited. 400,000 Security (No. 24) Co-operative Housing Society Limited. 300,000 Selbome (No.3) Co-operative Housing Society Limited. 300,000 Selbome (No.4) Co-operative Housing Society Limited. 320,000 Shepparton and District (No.8) Co-operative Housing Society Limited. 460,000 Sixth Mildura Co-operative Housing Society Limited. 300,000 South Gippsland No.4 Co-operative Housing Society Limited. 280,000 Stawell No. 3 Co-operative Housing Society Limited. 300,000 Swan Hill District No. 8 Co-operative Housing Society Limited. 280,000 Tatura Goulbum Co-operative Housing Society Limited. 300,000 The Caledonian (No.4) Co-operative Housing Society Limited. 240,000 The Decentralist No. 4 Co-operative Housing Society Limited. 240,000 The Port Fairy No. 3 Co-operative Housing Society Limited. 240,000 Traralgon No. 2 Co-operative Housing Society Limited. 300,000 V.H.B. (No.9) Co-operative Housing Society Limited. 320,000 Victoria Police (No.8) Co-operative Housing Society Limited. 320,000 Victorian Teachers' Union No. 4 Co-operative Housing Society Limited. 240,000 Warragul (No.2) Co-operative Housing Society Limited. 100,000 Warracknabeal Co-operative Housing Society Limited. 300,000 Warmambool No. 6 Co-operative Housing Society Limited. 260,000 Wangaratta Co-operative Housing Society No.9 Limited. 260,000 Wangaratta Co-operative Housing Society No. 10 Limited. 300,000 Warringal (No.3) Co-operative Housing Society Limited. 300,000 \Vendouree No. 3 Co-operative Housing Society Limited. 300,000 Werribee (No.5) Co-operative Housing Society Limited. 200,000 Wodonga No. 4 Co-operative Housing Society Limited. 300,000 Workmans No. 9 Co-operative Housing Society Limited. 200,000 Yarram No.3 Co-operation Housing Society Limited. 300,000 Yuille No.2 Co-operative Housing Society Limited. 3116 Lower Yarra [COUNCIL.] Crossing.

TOWNSHIP OF CHURCHILL. (c) Has his attention been drawn to the increase in the purchase price of property FIRE BRIGADE. in the surrounding areas adjacent to the The Hon. R. W. MAY (Gippsland crossing? Province) asked the Minister of (d) What action has been taken by the Agriculture- Government to protect those people who will be affected by the crossing with regard (a) Does a functional fire brigade exist to land purchase as suggested during the within the township of Churchill; if not, course of the debate when the legislation to what action does the Government intend to establish the Lower Yarra Crossing take to establish one? Authority was before Parliament? (b) Has provision been made for the The Hon. R. J. HAMER (Minister building of a fire station in the township; if not, when will the Government erect one? for Local Government). The answers are- For the Hon. G. L. CHANDLER (a) This matter is still under considera­ (Minister of Agriculture), the Hon. tion by the Country Roads Board, and it is L. H. S. Thompson (Minister of not possible at this stage' to say when the Housing) .-The answers are- route westerly from Williamstown-road, (a) and (b). The Government does not Spotswood, will be finalized. establish fire brigades or erect fire stations. (b) This will be done as soon as the This is the function of the Country Fire alignment of the route westerly from Authority in country areas. Williamstown-road is finalized. The Authority has advised me that (c) No. thirteen registered members of the J eeralang (d) The provisions of the Lower Yarra Junction Rural Fire Brigade live within the Crossing Authority Act .1965 No. 7365 Churchill area. A small town fire-fighting require the Authority to comply with the unit was issued to the Jeeralang Junction Lands Compensation Act 1958 relating to Rural Fire Brigade during November, 1966, the mode of procedure in taking and deter­ and is housed at the captain's residence in mining the compensation to be paid for the Churchill township. A crew is available lands required for the project. seven days a week. There are nine Country Fire Authority fire-fighting units surround­ EDUCATION DEPARTMENT. ing the area within five minutes travelling time of Churchill and vehicles are radio LATROBE VALLEY: ESTABLISHMENT controlled. OF GIRLS' TECHNICAL COLLEGE. The Country Fire Authority is presently The Hon. H. A. HEWSON (Gipps­ negotiating with the Housing Commission to acquire a site in the Churchill township area land Province) asked the Minister of to house equipment already existing in the Agriculture- area. Has land been purchased for the estab­ The Hon. R. W. MAY (Gippsland lishment of a girls' technical college in the Latrobe Valley; if so-(i) where; (ii) when Province) .-By leave, I thank the does the Government propose to commence Minister for his replies. I was the building; and (iii) when will the college fortunate because I received the be ready for occupation? information per medium of the For the Hon. G. L. CHANDLER regional news on Friday. There was (Minister of Agriculture), the Hon. only one omission, namely, that the L. H. S. Thompson (Minister of metropolitan fire brigades could also Housing.-The answer is- be contacted by radio. No land has been purchased for the establishment of a girls' technical college LOWER YARRA CROSSING. in the Latrobe Valley. However, investiga­ tions are being made into the possibility of ROUTE 9: HOUSES AND ROADS establishing a co-educational technical AFFECTED: PROPERTY PRICES. school at Moe and the provision of a girls' The Hon. A. W. KNIGHT (Mel­ wing at the Traralgon Te~hnical School. bourne West Province) asked the TEACHERS' TRAINING COLLEGE FOR Minister for Local Government- GIPPSLAND. (a) When is Route 9 expected to be The Hon. R. W. MAY (Gippsland finalized from the Williamstown-road, Spots­ wood, end? Province) asked the Minister of (b) Will he give the exact location and Agriculture- details of the houses which will be affected (a) Why has the recommendation by the by the continuation of the Lower Yarra Distribution of Population Committee for Crossing and any secondary roads leading the erection of a teachers'· training college up to the crossing? in Gippsland not being carried out? Education [28 FEBRUARY, 1967.] Department. 3117

(b) Has the Government any plans for (b) Steering committee of the con­ the establishment of such a college in sultative committee. Gippsland; if so, has the land been obtained, (c) Sub-committees of the steering and in this case, what is its location? committee to assist in pre­ liminary planning of a senior For the Hon. G. L. CHANDLER high school building. (Minister of Agriculture), the Hon. Committees (b) and (c) above L. H. S. Thompson (Minister of will go out of existence immedi­ ately if it is decided not to pro­ Housing) .-The answers are- ceed with the proposals. (a) The recommendation which suggested (ii) The proposals are not being hurried other areas as well as Gippsland has not through. Every opportunity has yet been carried out because distribution of been and will be given for consulta­ population is only one factor in decisions tion. No decision has been made as regarding the establishment of teachers' to whether or where the proposal colleges. Other factors include capacity of will be put into effect, nor will it existing colleges, optimum size of teachers' be until the Director of Education, colleges, location of practising schools, dis­ the Minister, and the Government tribution of applicants-by no means have considered the matter fully. identical with distribution of population, (iii) The scheme has not reached the and the availability of loan funds. Up to stage of being adopted. the present, erection of a new teachers' (iv) The matter does not arise at this college has not been justified since the stage. The staffing of junior and publication of the report. senior high schools is a factor to (b) Consideration has been given to the be taken into consideration in establishment of a new teachers' college reaching a decision. within the next few years, and Gippsland has been regarded as one of the possible MELBOURNE AND areas for its location; no site has been METROPOLITAN BOARD OF reserved or purchased in Gippsland for such a purpose; but the Estates Branch of the WORKS. Education Department has been making DISCHARGE OF SEWAGE INTO PORT inquiries as to the availability of suitable PHILLIP BAY. sites in Gippsland and other areas. The matter will be given further close considera­ The Hon. I. R. CATHIE (South­ tion during the next two months. Eastern Province) asked the Minister for Local Government- MATRICULATION COLLEGES. Have any discussions taken place be­ The Hon. I. R. CATHIE (South­ tween the Melbourne and Metropolitan Board of Works, either through the chair­ Eastern Province) asked the Minister man or any other officer, and the Minister of Agriculture- for Local Government or any other Min­ Given the Minister of Education's state­ isters concerning the Board's proposal to ment that the proposed matriculation col­ put sewage into Port Phillip Bay 2 miles leges are not Government policy-(i) how from Carrum; if so-(i) when did these many committees have been set up by the discussions take place; (ii) who were in­ Education Department to plan the details volved; and (iii) what decisions were of this scheme; (ii) why are the proposals made? being hurried through without adequate The Hon. R. J. HAMER (Minister . teacher, parent or citizen consultation and for Local Government) ,-The answer discussion; (iii) why is this scheme being adopted with planning already advanced is "No". for a senior high school in the Broad­ meadows-Glenroy area when it is not RAILWAY DEPARTMENT. Government policy; and (iv) how does the Government propose to staff junior schools CAVENDISH-QUANTONG LINE: TRANS­ with qualified graduate teachers if this PORT OF SUPERPHOSPHATE, WHEAT proposal is in fact Government policy? AND OATS. For the Hon. G. L. CHANDLER The Hon. K. S. GROSS (Western (Minister of Agriculture), the Hon. Province) asked the Minister of L. H. S. Thompson (Minister of Agricul ture- Housing) .-The answer is- (a) What tonnage of superphosphate was delivered by rail to the stations There is no proposal to set up matricula­ between Cavendish and Quantong in each tion colleges. If, however, the question of the last three years? is meant to refer to senior and junior (b) What was the tonnage of wheat high schools, the answers are as follows:- and oats carted from these stations in the (i) (a) Consultative committee to deal last three years, and what is the estimate with the general principle. for the 1966-67 season? 3118 Railway [COUNCIL.] Department.

For the Hon. G. L. CHANDLER Note: Transferees- (Minister of Argriculture), the Hon. One apprentice blacksmith transferred to L. H. S. Thompson (Minister of the grade of station assistant-the other six Housing) .-The answers are- as apprentices to other locations. (a) 1963-64 29,727 tons. 1964-65 26,383 tons. PROPOSED WESTONA LINE. 1965--66 32,418 tons. The Hon. A. W. KNIGHT (Mel­ (b) bourne West Province) asked the l\1inister of Agriculture- Wheat. Oats. When is it proposed by the Railway Department to commence work on the new rail line to Westona, and when will it be completed? 1963-64 . . 5,893 tons 3,319 tons For the Hon. G. L. CHANDLER 1964-65 .. 4,561 tons 1,469 tons (Minister of Agriculture), the Hon. 1965-66 2,576 tons 4,737 tons L. H. S. Thompson (Minister of Housing) -The answer is- 1966-67 9,282 tons 8,000 tons (estimated) Owing to the pressure of more urgent works on the available loan funds, no date for commencement of the Westona exten­ TURNOVER OF TRADESMEN AND sion has been set. ApPRENTICES. The Hon. A. W. KNIGHT (Mel­ bourne West Province) asked the TOBACCO LEAF MARKETING Minister of Agriculture- BOARD. (a) How many apprentices have either ELECTION OF MEMBERS: COURT left or transferred from the Newport Rail­ INJUNCTION. way Workshops since 1st July, 1966, to the present date, and what are their The Hon. I. A. SWINBURNE classifications? (North-Eastern Province) asked the (b) How many tradesmen have resigned from the workshops since 1st July, 1966, to Minister of Agriculture- the present date, and what are their (a) On what date was the injunction classifications? taken out to prohibit the Government from declaring the poll for the election of mem­ For the Hon. G. L. CHANDLER bers of the Tobacco Leaf Marketing Board (Minister of Agriculture), the Hon. and the elected members of such Board L. H. S. Thompson (Minister of from carrying out any function of the Housing) .-The answers are- Board? (b) What action (if any) has been taken by the Government to have this injunction Resigned. l~~~r dealt with so that action can be taken by the Minister to have this primary industry represented by growers elected under the terms of the Marketing of Primary Products (a) Apprentices­ Act 1958? Blacksmith .. 2 Boilcrmaker .. 4 1 (c) Will he endeavour to have an early Car and Wagon Builder 3 Electroplater 1 hearing so that this case may be resolved Elcctrical Fitter 2 and grower representation restored? Fitter and Turner 4 4 Interlocking Fitter .. 1 Signwritcr .. 1 For the Hon. G. L. CHANDLER (Minister of Agriculture), the Hon. (b) Tradesmen- Blacksmith .. 1 L. H. S. Thompson (Minister of Boilcrmaker 14 Car Painter. . . . 1 Housing) .-The answers are- Car and Wagon Builder 3 Coppcrsmith. . 1 (a) An interim injunction was granted Elcctrlcal Fitter 2 by the Supreme Court on 26th April, 1966. Electrical Mechanic .. 1 :Fittcr and Turner 17 (b) Iron Machinist 1 Following the granting of the interim Moulder .. 1 injunction, a writ was served in May, 1966, Sailmaker ...... 4 by the solicitor for the plaintiff, Hamilton, Tinsmith and Sheet Metal Worker 2 Upholstercr 3 on the members of the Executive Council Welder 2 and the four successful candidates at the election conducted for membership of the Housing Commission. [28 FEBRUARY, 1967.] State Superannuation Board. 3119

Tobacco Leaf Marketing Board, namely STATE SUPERANNUATION Messrs. McGuffie, Rigoni, Johnson and Pizzini. Subsequently the action was dis­ BOARD. continued against all members of the PENSIONS SUPPLEMENTATION SCHEME: Executive Council other than the Minister REVISED PAYMENTS. of Agriculture. Because of the illness of the plaintiff, steps are being taken with the The Hon. J. M. TRIPOVICH consent of the defendants to substitute (Doutta Galla Province) asked the another plaintiff, namely Kneebone. Minister of Agriculture-- (c) The usual matters in an action of this (a) Has any additional staff been allo­ kind have been attended to, and the only cated to the State Superannuation Board to outstanding matter at present is an answer assist with the processing of adjustments to interrogatories administered by the due under the pensions supplementation defendants (other than the Minister of Agri­ scheme; if so-(i) how many; and (ii) in culture) to the plaintiff. I am informed that what classications are they employed? if the interrogatories are not answered during this month a summons will be issued (b) When is it anticipated that additional to compel the plaintiff to supply an answer. payments will be made to eligible superan­ nuated members of the Railways Service, Public Service and Teaching Service, respec­ tively? NATURAL GAS. For the Hon. G. L. CHANDLER AGREEMENT AS TO SALES. (Minister of Agriculture), the Hon. The Hon. A. W. KNIGHT (Mel­ L. H. S. Thompson (Minister of bourne West Province) asked the Housing) .-The answers are- Minister of Agriculture- (a) Yes. Has any agreement been reached between (i) Three additional appointments have B.H.P.-Esso and Australian Gas Light Com­ been made to the Board's staff to pany as to the sale of natural gas; if so­ handle pension supplementation. (i) what is the basis of the agreement; (ii) how does Victoria stand financially on (ii) Class "B ", Administrative Division these sales; and (iii) what charges will be --one. made for use of the pipelines carrying gas Class "C2 ", Administrative Division to New South Wales? --one. Class "E", Administrative Division For the Hon. G. L. CHANDLER --one. (Minister of Agriculture), the Hon. (b) Applications are being dealt with L. H. S. Thompson (Minister of progressively in the order in which they are Housing) .-The answer is " No." being received irrespective of whether they are superannuated members of the Railways Service, Public Service or Teaching Service. By pay day the 2nd March, 1967, 1,085 HOUSING COMMISSION. eligible applicants will have been paid. COLLINGWOOD AND RICHMOND AREAS: The Board anticipates that the remaining RENTAL REBATES. applications already received will be paid by the middle of April. Not all eligible The Hon. G. J. O'CONNELL (Mel­ pensioners have as yet applied for supple­ bourne Province) asked the Minister mentary pensions. Late applications will of Housing- take about two months to process. I should add that the Board issues more How many tenants of the Housing Com­ than 17,000 cheques each fortnight to super­ mission in the Collingwood and Richmond annuated pensioners and the payment of areas have received the benefit of rebates supplementary pensions must be integrated on rents in each of the financial years with the Board's mechanized system with­ 1964-65 and 1965-66? out delaying the payment of normal pen­ sions. The Hon. L. H. S. THOMPSON (Minister of Housing).-The answer is- MARINE BOARD. LICENSING OF PASSENGER VESSELS.

- Collingwood. Richmond. Total. The Hon. R. W. MAY (Gippsland Province) asked the Minister of Agriculture- 1964-65 133 304 .. 171 (a) How many boats are licensed for the 1965-66 .. 201 131 332 carrying of passengers at each port outside Port Phillip Bay? 3120 Marine [COUNcn...] Board.

(b) Which body issues such passenger 2. (i) Engines of less than 100 nominal licences and what are the qualifications horse-power-certificate of competency as necessary to obtain them? second-class engineer. (c) What equipment is necessary to be (ii) Engines of 100 nominal horse-power carried by each passenger boat, and what and upwards- is the approximate cost of-(i) the licence (a) Certificate of competency as first~ or licences; and (ii) the equipment? class engineer. (b) Certificate of competency as second­ For the Hon. G. L. CHANDLER class engineer. (Minister of Agriculture), the Hon E. Intra-State Ships exceeding 100 gross L. H. S. Thompson (Minister of tons: Housing) .-The answers to these 1. Certificate of competency as master questions consist of a detailed state­ (unlimited tonnage). ment, and I seek leave of the House 2. Certificate of competency as mate. to have it incorporated in Hansard 3. Engineers' certificate as in D.2 above. without my reading it. (c) In addition to vessels being surveyed Leave was granted, and the answers annually for seaworthiness the following were as follows:- approved equipment must be carried- It is understood that the question relates A. Vessels under 15 tons gross:- to vessels carrying passengers in coastal 1. One lifejacket for every person the waters exclusive of II Hire and Drive Your· vessel is licensed to carry. self" boats. 2. Two lifebuoys. 3. Navigation lights in accordance with (a) The numbers of vessels licensed at the requirements of the Regulations ports outside Port Phillip Bay are- for Preventing Collisons at Sea. Mallacoota 2 4. Seating accommodation. Snowy river 1 Gippsland Lakes 12 5. If a motor-sailing boat, a full com­ Corner Inlet and Port Albert 19 plement of masts and sails. VVesternport 34 6. If a motor boat, internal bouyancy Barwon Heads 1 fittings. Port Fairy 1 7. Fire-resistant casing for engine. ~ill~d 2 8. One fire extinguisher. Nelson (not a gazetted port) 1 9. One fire bucket. (b) The Marine Board of Victoria issues 10. Ballast if necessary. licences to owners of vessels permitting the 11. One anchor and cable. carriage of passengers. Persons holding the following minimum certificates of quali· 12. Six red distress flares. fication are required aboard such vessels:- 13. One bilge pump. A. Vessels under 15 tons gross: 14. One fog horn or bell. 1. Motor boats-Motor boatman's licence. 15. One sea anchor. 2. Motor-sailing boats-boatman's licence 16. One box of sand with suitable shovel (motor and sail). or scoop. 17. Oars and rowlocks if required by the B. River and Bay Ships-15 to 100 gross Board. tons: 1. Certificate of competency as master B. River and Bay Ships: (less than 100 tons gross). In addition to the equipment required in 2. (i) Engines of less than 100 nominal A above and depending on the size of vessel horse-power-certificate of competency as and number of passengers carried:- a third-class engine-driver. 1. Up to ten additional lifebuoys at least (ii) Engines of 100 nominal horse-power two of which must be fitted with and upwards-certificate of competency as Holmes lights and with fifteen a second-class engineer. fathoms of line attached. 2. Shapes as required by the Regulations C. River and Bay Ships exceeding 100 gross for Preventing Collisions at Sea. tons: 3. One first-aid kit. 1. Certificate of competency as master (unlimited tonnage). 4. From three to seven additional fire extinguishers. 2. Certificate of competency as mate. 5.. Two lengths of fire hose with nozzles 3. Engineers' certificate as in B.2 above. and fittings. D. Intra-State Ships-15 to 100 gross tons: 6. From one to three additional fire 1. Certificate of competency as master buckets. (less than 100 tons gross). 7. One additional anchor and cable. Melbourne· [28 FEBRUARY, 1967.] Harbor Trust. 3121

8. One hand lead line and weight. how many will be built and exactly where; 9. One compass. and (ii) what fire protection will be re­ quired? 10. One barometer. 11. One signalling lamp. For the Hon. G. L. CHANDLER 12. Boats or lifeboats and life rafts and (Minister of Agriculture), the Hon. equipment for same. L. H. S. Thompson (Minister of 13. One to four boat hooks. Housing) .-The answer is- 14. Internation code flags "N" and "C ". The Melbourne Harbor Trust Commis­ 15. Emergency oil navigation lights. sioners have no plans at present for the C. Intra-State Ships: erection of any oil tanks on the approaches In addition to the equipment required in to or the surrounding area of Gellibrand A and B above:- pier, Williamstown. 1. Line throwing apparatus. However, with the limited area available 2. One breeches buoy. to the Commissioners, in order to cater for the import and export of petroleum pro­ 3. One two-way radio. ducts from the expanding oil industries, the 4. One stretcher and set of splints. usage of the land in this area will need to 5. Canvas covers for ventilators. be kept under constant review by the Com­ missioners. (i) The costs of licences and certificates are as follows:- It is desirable that any new tanks should $ be constructed on territory under the con­ 1. Motor boatman's licence 4.00 trol of the Commissioners to bring them 2. Sailing boatman's licence 2.00 within the more stringent requirements laid 3. Intra-state or river and bay down by the Trust's safety code. mate's certificate .. 2.00 4. Intra-state or river and bay master's certificate 3.00 BASS PARK TRUST, FLINDERS. 5. Third-class engine-drivers' cer- tificate 3.00 FINANCIAL RETURNS: MEMBERSHIP: 6. Passenger motor boat licence ATTENDANCES AT MEETINGS. from 2.00 to 10. 00 The Hon. I. R. CATHIE (South­ 7. Passenger motor sailing boat Eastern Province) asked the Minister licence 10 .00 of Agriculture- 8. Survey fees for Intra-state and river and bay ships- (a) When did the Lands Department last (a) Up to 30 gross tons.. 12.00 receive an annual statement of financial (b) From 30 to 100 gross returns from the Bass Park Trust at tons 20.00 Flinders? (c) From 100 to 300 gross (b) If none has been received for some tons 28.00 time, why has no action been taken by the (d) From 300 to 600 gross Department to institute an inquiry into the tons 36.00 affairs of this Trust? (e) For every additional 300 tons .. 8 . 00 (c) Who are the members of the Trust, and when were they elected or appointed? (ii) Equipment costs cannot be stated as they vary according to the size of vessel (d) What is the record of attendance of and number of passengers carried. How­ each member at meetings over the last five ever, for an average sized vessel of 35 years? feet in length, which would be under 15 gross tons and could carry approximately (e) What notification was given for the fifteen passengers, the cost would be election of the last two members to the approximately $500. If masts and sails Trust? have also been provided this cost would (f) Have all members of the Trust been be increased by approximately $270. approved by the Lands Department? MELBOURNE HARBOR TRUST. For the Hon. G. L. CHANDLER GELLIBRAND PIER: INSTALLATION OF (Minister of Agriculture), the Hon. OIL TANKS. L. H. S. Thompson (Minister of The Hon. A. W. KNIGHT (Mel­ Housing) .-The answers are- bourne West Province) asked the (a) and (b) The Lands Department does not receive financial statements from the Minister of Agriculture- trustees of the area known as Bass Park Is it proposed to build oil tanks on the and there is no legal requirement that they approaches to and the surrounding area of be supplied. The land is not subject to the Gellibrand pier, Williamstown; if so-(i) provisions of the Land Act relating to 3122 Bass Park [COUNCIL.] Trust, Flinders.

committees of management of public re­ Minister of Lands. These trustees are serves but is vested by a special Crown appointed by the Governor in Council in grant, issued in 1923, in six trustees, who accordance with the provisions of the Crown constitute the management body, and the grant. (c)

Name. Date appointed. Nominated by.

James Harvey Thyer .. 13th March, 1957.. } Gerald Mansfield Niall 13th March, 1957.. Flinders Golf Club George Blomfield 24th Jan., 1961 ..

John Keith Buchanan .. 1st Feb., 1966 Flinders Shire Council John Martin Buchanan .. 27th March, 1946.. }The public of Flinders and district Bertie Alexander Cairns .. lIst March, 1966 ..

(d) This information is not recorded in The Hon. G. J. O'CONNELL (Mel­ the Lands Department, and there is no bourne Province).-This Bill deals requirement that it be supplied. with second-hand wares, which (e) John Keith Buchanan was nominated by Flinders Shire Council by letters of the are defined in section 3 of the 11th October, 1965 and 21st January, 1966, principal Act as any goods which as a replacement due to council elections. have been used, worn or otherwise Bertie Alexander Cairns was nominated employed and which are of any of at a public meeting held at Flinders and the classes or kinds mentioned in the was appointed to fill a vacancy caused by the death of one of the public repre­ Second Schedule to the Act or of sentatives. any other classes or kinds prescribed The Department has not received any by regulation. request regarding changes in the nominees since the last appointment in March, 1966. A great variety of goods, including (I) All existing trustees as named above television receivers, typewriters, and were nominated in accordance with the medical and scientific instruments, provisions of the Crown grant and were are in this category. Section 22 of recommended for appointment by the the Act provides that a second-hand Department accordingly. dealer who carries on the business of buying, selling or exchanging CRIMES BILL. second-hand wares is required not only to be licensed but also to enter The Hon. R. J. HAMER (Minister in a purchases book particulars of all for Local Government), by leave, transactions relating to the purchase moved for leave to bring in a Bill of second-hand wares, including the to amend the Crimes Act 1958. name and abode of the person from The motion was agreed to. whom he purchased the goods. The Bill was brought in and read It appears that some second-hand a first time. dealers who have been questioned by the police about their transactions have admitted that they did not make SECOND-HAND DEALERS the entries because the goods in­ (AMENDMENT) BILL. volved did not come within the The debate (adjourned from Feb­ ambit of the definition of second­ ruary 21) on the motion of the Hon. hand wares. The purchases book has R. J. Hamer (Minister for Local to be made available at all times Government) for the second reading on the request of the police, and it of this Bill was resumed. can help the police in tracing stolen Stock (Artificial Breeding) [28 FEBRUARY, 1967.] (Amendment) Bill. 3123 property. The present Second STOCK (ARTIFICIAL BREEDING) Schedule to the Act sets out many (AMENDMENT) BILL. articles. The debate (adjourned from Feb­ As the Minister stated in his ruary 21) on the motion of the Hon. second-reading speech, the pro­ G. L. Chandler (Minister of Agricul­ posal in this Bill is to reverse the ture) for the second reading of this present method of controlling Bill was resumed. second-hand wares. By clause 2, it is proposed to amend section 3 of The Hon. D. G. ELLIOT (Melbourne the principal Act by defining second­ Province) .-The purpose of this Bill is to overcome a legal difficulty which hand wares as cc any goods which have been used, worn or otherwise has arisen in relation to fees pres­ employed", but not to include those cribed in the Stock (Artificial Breed­ goods mentioned in the Second ing) Act 1962 and the regulations Schedule or which may be prescribed which were made under this legis­ by regulation. By clause 3, it is pro­ lation in 1963. Since the drafting posed to substitute a new Second of the Act and ·the passing of the Schedule which does not classify regula tions thereunder, the Crown second-hand wares but sets out Solicitor has expressed the view that goods which shall be exempted. fees cannot be prescribed by regu­ Members of the Labor Party have no lation unless express power to that objection to the Bill, because it will effect is provided in the legislation. help the police in tracing stolen I could enlarge on the subjects of goods. artificial breeding and the storage of The Hon. R. W. MAY (Gippsland semen, but I shall not do so, because Province) .-This small amending Bill the purpose of this Bill is simply will improve the operation of the to empower the Governor in Council Second-Hand Dealers Act. At present to make regulations in connexion section 3 of this Act contains the with the imposition of fees relating definition of "second-hand wares ", to artificial breeding. The Bill has which comprise a wide range of no other purpose. My party supports goods, but because of the great the measure and wishes it a speedy variety of second-hand articles which passage. are coming on the market, certain The Hon. H. A. HEWSON (Gipps­ difficulties have arisen. Under the land Province).-The purpose of this Act, a second-hand dealer is required Bill is to amend section 13 of the to maintain a register of the articles Stock (Artificial Breeding) Act 1962 which he purchases. The purpose of in relation to fees prescribed under the register is, of course, to make the Stock (Artificial Breeding of stolen goods more easily traceable. Cattle) Regulations 1963. The small Owing to the complexity of the legal difficulty which has arisen articles which were being offered in this regard apparently escaped for sale, the Government wisely the notice of the Parliamentary decided to change the present pro­ Draftsman and the Crown Solicitor cedure and, accordingly, clause 2 at the time the legislation was passed. amends section 3 of the principal Act Having further examined the Act, by deleting from it certain require­ the Crown Solicitor is now of the ments. The passage of this measure opinion that fees cannot be prescribed will simplify the operation of the Act. by regulation unless express power The Country Party, which believes to do so is provided in the Act. this measure is a step in the right This Bill is designed to authorize the direction, supports the Bill. requisite fees to be charged. The motion was agreed to. Possibly, the need for this amend­ The Bill was read a second time, ing measure was discovered by the and passed through its remaining Subordinate Legislation Committee stages. of which you, Mr. President, were 3124 Printers and Newspapers [COUNCIL.] (Amendment) Bill.

once a valued member. To a cer­ of " to print", the Government seeks tain extent, when supporting mea­ to include in the definition derivatives sures of this type, members of Parlia­ of the same word, namely, typewrit­ ment must rely upon the Parlia­ ing, lithography, photography and mentary Draftsman and the Crown any other mode of representing or Solicitor. This Bill will rectify what reproducing words in a visible form. might be termed a somewhat vague mistake and will put beyond doubt The reason for the proposed new the question of the legality of charg­ section is that a lot of scurrilous and ing fees in connexion with the obnoxious literature has come into artificial breeding of cattle. The the hands of the police. It is this Country Party supports the Bill. type of literature which it is desired to control. Unless the literature The motion was agreed to bears the name of the printer or other The Bill was read a second time, person responsible, there is no possi­ and passed through its remaining bility of charging the person con­ stages. cerned. Any further exemptions could possibly nullify the whole purpose of the Bill. Perhaps the only PRINTERS AND NEWSPAPERS additional exemption that might be (AMENDMENT) BILL. warranted would be to add after the The House went into Committee words "or to any papers printed by for the further consideration of this the authority of any Department of Bill. Government" at the end of section 10 the words, "or a member of the Discussion was resumed of clause Parliament of Victoria". I do not 2, relating to interpretation. believe that such an exemption is The Hon. V. O. DICKIE (Minister necessary, because members of of Health) .-During the second-read­ Parliament invariably place their ing debate on this Bill, Mr. Walton signatures at the foot of the docu­ and Mr. Swinburne raised a question ments they issue or attach a letter concerning the situation which could to them. It is desired to clamp down arise as a result of an amendment only on publications which are to the definition of the expression scurrilous and obnoxious. "to print" in the principal Act. It I appreCiate that Mr. Walton and was emphasized that if the legislation Mr. Swinburne indicated the desire was amended as proposed, certain of their respective parties to support difficulties could be encountered. For this Bill, and I realize that I have example, certain types of printing, made a rather negative reply. Having including copying done on the Rank considered the matter, I believe that Xerox machine in the Parliament if further exemptions are introduced, House Post Office would come under they may in fact completely nullify the new interpretation of " to print". the purpose of the proposed amend­ I assure the Committee that, during ment. The Government considers the past week, this matter has been that the Bill should be passed in its closely examined by the Chief Sec­ present form. retary and his advisers and the Par­ liamentary Draftsman. Apparently, it The Hon. J. M. WALTON (M.el­ is difficult to frame an amendment bourne North Province) .-The Mini­ that does not completely nullify what ster has suggested that the Council this Bill seeks to achieve. should pass this all-embracing Bill. It could be said that if the expres­ The purpose of the measure is to sion "to print" were interpreted in its catch only those persons who print strictest sense, people would already or distribute obnoxious documents, be breaking the law by using various but any law which will not be obeyed items of equipment for duplicating by the majority of those persons who .purposes. In extending the definition are engaged in the industry-in Printers and Newspapers [28 FEBRUARY, 1967.] (Amendment) Bill. 3125 effect, the Minister has said that the that the church was in no way asso­ Government intends to condone their ciated with the distribution. Instead actions-should not be passed by of attempting to overcome the diffi­ Parliament. Obviously, the Govern­ culty by including additional exemp­ ment, or those who will be respon­ tions, the Government might consider sible for administering the Act, do drafting a provision to cover the not intend to police it fully. That meaning of " in a public place". would be wrong, and 1 am surprised and amazed that the Minister should The proposed new section 1OA admit that this will be the case. 1 appears to be so wide that the law was directed by my party to support will be ridiculed; it will not in fact this Bill, but, in view of the position be a law, because it will be used only as outlined by the Minister, 1 suggest on certain occasions. The Minister that the Government should re­ has not come up with any bright consider the whole matter, because if suggestion. It seems that his only this Bill becomes law it will fall into thought is to safeguard members of disrepute and the position will Parliament, as well as Government become farcical. 1 ask the Govern­ Departments. Many innocent people, ment to consider amending the Bill in who use various methods of printing, order to overcome this weakness. could be involved in breaches of the Act. This type of legislation should The Hon. I. A. SWINBURNE not be placed on the statute-book. (North-Eastern Province) .-1 am amazed at the reply given by the The Country Party believes that Minister. 1 realize that difficulties this Bill should not be passed in its may be involved, but the remarks of present form. It fully supports the Mr. Walton and myself, when the Bill Government on the proposal to stop was last before the Committee, were the distribution of obnoxious and not directed only to the principle of scurrilous literature, but it feels that protecting members of Parliament the present proposal is too wide, and who send out documents. 1 stated that innocent people may find them­ that the provisions of this Bill would selves in an embarrassing position. cover many persons who distribute The Country Party does not oppose circulars for various organizations. It the intentions of the Bill, but it con­ should be possible to apply the neces­ siders that this is not the proper way sary form of control without involv­ to deal with the problem. The ing innocent persons. Most members Government should further consider of Parliament sign the documents the matter before it presses on with they send out, but if a member cir­ the Bill. culated an unsigned document, he The Hon. V. O. DICKIE (Minister would, under this measure, be liable. of Health).-The Government does The ambit of the Bill is too wide. not intend to press on with this Bill. The Government should endeavour 1 can assure Mr. Walton that this matter has been very much in my to interpret the words "in a public mind since the Bill was last before place". On a recent occasion, people the Committee. 1 have discussed went on to the grounds of St. Paul's it with the Chief Secretary, officers Cathedral and distributed documents. of the Chief Secretary's Depart­ As the distribution was being made ment and the Parliamentary on church property, they avoided Draftsman. It is a very difficult apprehension because they were not problem, and the Government wants distributing such documents in a to find the answer. 1 agree that all­ public place. Church officials found embracing legislation can encompass it necessary to make an announce­ innocent persons. I have again ment that the distributors had been listened to what Mr. Walton and Mr. given no authority to hand out the Swinburne have said. Their thoughts literature on church property and on the problem run along the same 3126 Weights and Measures [COUNOIL.] (Amendment) Bill. lines as those which I applied So far as the first matter is con­ to the problem during the week. I cerned, a week has passed, and I trust shall place the points raised by them honorable members will now be able before the Chief Secretary in the to proceed with the proposed amend­ hope that an answer can be found. ments. In regard to the second question, I believe the House wishes The Hon. J. M. WALTON (Mel­ to give the consumers the protection bourne North Province) .-1 point out of knowing by some means what to the Minister that section 8 of the w'eight of bread they are buying and principal Act provides that any per­ to make the detection of offences son may apprehend any other person easier by some indication on un­ who may be delivering literature of wrapped bread by whom it was made. the type envisaged. It is important I think a practical way of achieving to remember that it is not only such a marking is still a matter for departmental officers or police officers some debate. who may apprehend; any person may do so. This has wide implications, The weights and measures unions, and it is because of the provisions the Melbourne City Council, which is of section 8 that I feel so strongly directly concerned with the matter, about the Bill. I also refer the and the Government take one Minister to section 5 of the Act, which view, and the bread manufacturers relates to printing on any paper or take another. 1 direct attention to book. Printing on cloth is often the fact that the various clauses of undertaken, and the wording of sec­ the Bill can be proclaimed at different tion 5 could mean that a person times. As the House indicated that could circumvent the law by printing it wants something like this done, it on another substance, such as plastic. is up to the bread industry to devise I ask the Minister to consider these ways of doing it which will satisfy aspects. the Government of the day and those responsible for the administration of Progress was reported. the legislation, and to achieve Parlia­ ment's purpose. I believe that can be done. The industry does not want WEIGHTS AND MEASURES to do it, but if it is in prospect the (AMENDMENT) BILL. industry will devise ways and means The House went into Committee for of doing it. Therefore, I propose to the further consideration of this Bill. proceed with the Bill in its present Discussion was resumed of clause form and to indicate the various 1, relating to the short title. amendments as I proceed. They seem reasonable and have arisen The Hon. R. J. HAMER (Minister from a recent and widespread for Local Government) .-Progress examination of the Bill by a large was reported on this Bill for two pur­ poses. One was to enable honorable number of people, to whom the members to examine a group of House and this Committee are amendments which were to be pro­ indebted. posed as a result of representations The clause was verbally amended made by various bodies since the Bill and, as amended, adopted, as was was first introduced. The second clause 2. purpose was to give the Government the opportunity to examine some Clause 3- recent submissions by the bread Section 31 of the principal Act shall be industry relating to practical diffi­ amended as follows:- culties of marking the weight on certain types of bread and indicating (b) After sub-section (6) there shall be inserted the f~llowing sub- the manufacturer by means of a mark sections:- or some other device. Weights and Measures [28 FEBRUARY, 1967.] (Amendment) Bill. 3127

(8) The Crown or the Super­ Perhaps the Minister will explain the intendent or an officer in the reason for the inclusion of this pro­ central administration authorized in that behalf by the Superinten­ vision. dent (whether generally or in any particular case) may prosecute The Hon. R. J. HAMER (Minister offences detected in the course of- for Local Government) .-1 think (a) the general supervision of this rna tter was raised by Mr. the local administration; Mansell's colleague last week. All and the provision does is to bring the (b) work done in accordance central administration inspector into with any agreement made line with the local inspector, who is pursuant to sub-section (1) of section 43A. already protected in this way in the principal Act. The local inspector The Hon. R. J. HAMER (Minister is not obliged to disclose in court the for Local Government) .-1 move- origin of his information. I believe That, in proposed new sub-section (8) of this is proper. Many offences are section 31, as appearing in sub-clause (b), detected following reports being after the word "may" the following words made by people to inspectors. If be inserted:- these sources of information had to "after consulting the local authority in be disclosed in open court, I believe whose area any offence is alleged to have been committed." it would lead to a drying up of the sources of information which initiate This amendment is designed to meet investigation. This is not a new the objection raised by Mr. Walton matter. It is merely an extension to and Mr. Hewson concerning the central administration inspectors of power of a central administration the protection already provided for inspector operating in an area, as he local inspectors. There has been no has a right to do, to carry out prose­ objection to the existing power. cutions where he may detect The Hon. A. R. MANSELL (North­ breaches, without prior consultation Western Province) .-That is all right with the local authority. I believe the so far as informants are concerned, Institute of Weights and Measures but is the source of the inspector's and several weights and measures evidence given in court? He will not unions have also raised this point, be able to say, "I was told this." which is a reasonable one. The He must substantiate his charge. amendment will ensure that, before The Hon. R. J. HAMER (Minister any such prosecution takes place in for Local Government) .-The ex­ an area where a local authority pression should not be taken as operates, there shall be full consulta­ meaning that any burden is taken tion with that local authority. This from the inspector in proving his amendment shows the benefit of case. He must present evidence and circulating a Bill of this type. I is not entitled to give hearsay believe it will meet the principal evidence. He might be asked in objection to the clause. cross-examination who made the The amendment was agreed to. complaint, and it might turn out to be the next door neighbour or a The Hon. A. R. MANSELL (North­ competing shop. It would be most Western Province) .-1 do not like unfortunate if the inspector had to proposed sub-section (9) of section disclose the original source of the 31 of the principal Act, which pro­ complaint. I do not think it should vides- be taken to mean that the inspector The Superintendent or any other officer can say something in court as of the central administration shall not be evidence and not have to substantiate compelled to disclose in court any source from which he has derived information in it. This does not alter the hearsay relation to the case. rule. For example, someone who 3128 Weights and Measures [COUNCIL.] (Amendment) Bill. buys bread may weigh it at home and which had not previously been under find that it is under weight. He may control. It was considered that two ring up the local union, and the years would be sufficient for this inspector will then visit the shop purpose, but the Commission now concerned to check up on the com­ doubts whether it will be able to plaint. complete all the transitional work within -the period of two years. It is The clause, as amended, was felt opportune, while this Bill is adopted. under consideration, to provide, as a Clause 4- precaution, for the transitional period After sub-section (1) of section 32 of the to be extended to three years. principal Act there shall be inserted the The amendment was agreed to, as following proviso:- was a consequential amendment, and "Provided that this sub-section shall not prohibit the re-verification of a the clause, as amended, was adopted, weight, measure or weighing or measur­ as was clause 5. ing instrument which has been pre­ viously verified pursuant to this Act or The sitting was suspended at 6.28 any corresponding previous enact­ p.m. until 7.48 p.m. ment." Clause 6- The Hon. R. J. HAMER (Minister After sub-section (4) of section 42 of the fOJ Local Government) .-1 move- Principal Act there shall be inserted the That the following sub-clause be added:- following sub-section:- "(2) In sub-section (2) of section "(5) Notwithstanding anything in sub­ 32 of the principal Act for the words section (1) as to the places at which the 'two years' there shall be substituted verification is to be carried out, every local the words 'three years'." authority shall, at the request of the owner of any weight measure weighing instrument This amendment arises out of an or measuring instrument ordinarily used or amendment made to the Weights and to be used at premises within its jurisdic­ tion, arrange that an inspector shall carry Measures Act two years ago relating out the verification of such weight measure to the take-over by the Common­ or instrument at such premises." wealth of a number of functions formerly performed by the States. The Hon. R. J. HAMER (Minister This amendment to section 32 of the for Local Government) .-1 move- principal Act came into operation on That proposed new sub-section (5) be 1st January, 1966, and provided that omitted with the view of inserting the weights, measures and weighing and following :- "(5) Notwithstanding anything in sub­ measuring instruments were to be­ section (1) as to the places at which the come ineligible for verification, and verification is to be carried out a local therefore for use in trade, unless of authority, when requested by the owner of a pattern approved by the National any weight measure weighing instrument or measuring instrument ordinarily used or to Standards Commission, a Common­ be used at premises within its jurisdiction wealth organization, or under earlier may, and in the case of any weight measure Victorian legislation. Provision was or instrument of any prescribed type shall, made by regulation for exemptions, arrange to carry out the verification at such premises if the authority is satisfied that but these were limited to two years. there are facilities for carrying out the The whole purpose was this: There verification satisfactorily and expeditiously." were a number of what are called This arises from some criticism of the " simple" weights and measures, as original provision in the Bill by the distinct from instruments with Melbourne City Council and the mechanical parts, which in earlier Institute of Weights and Measures, days were not required under the among others, because of the obliga­ Victorian Act to be of approved tion placed on inspectors to verify patterns. So a transitional stage was weights and measures instruments at provided to enable the new National the premises of the owner, if he so Standards Commission to give ap­ requested. It was pointed out that, proval to the "simple" patterns in many instances, that would be Weights and Measures [28 FEBRUARY, 1967.] (Amendment) Bill. 3129 most onerous on the inspector, par­ be paid will be more than adequate ticularly at the Queen Victoria for what the inspector has to do; in Market or where the instrument was many other instances, if he has to on a motor vehicle which could be travel a long distance, the fee will readily driven to the inspector's be less than adequate. If the inspec­ premises. So this modified version tors find that a large number of has been proposed. cases result from this provision and I understand that it satisfies the that lengthy travel is involved so Melbourne City Council and the that the fees are inadequate the Institute, and I believe it is quite matter ought to be dealt with in satisfactory. It simply provides that the light of that experience. This the verification is to be carried out by has not been suggested by any of the the local authority when requested if professional institutes or by any of there are facilities on the premises the weights and measures unions as for carrying out the verification, or if an objection. I have no doubt that the instrument is of any prescribed this has been expressed to Mr. type. In the main, such instrument Walton. would be special types. Generally, The Hon. J. M. WALTON.-No, this the provision will not cast on the is a criticism made by the Opposition. inspector some obligation which The Hon. R. J. HAMER.-Quite so. might be regarded as highly onerous. I am not giving it less weight on that account. I am saying that it has not I believe the proposed new sub­ been put-to me, at any rate-by the section is an improvement. It people who have to operate the results from a number of suggestions, section as something to fear. I all of the same nature, made from do not treat the matter lightly. I various quarters, and I think it will assure Mr. Walton and other members meet them. of the Labor Party that this matter The Hon. J. M. WALTON (l\tlel­ will be looked at in the light of ex­ bourne North Province) .-It is true, perience, and if matters do not as the Minister has stated, that, in the balance out I think the fees will then main, the proposed amendment meets have to be altered. the objections of the people who The amendment was agreed to, and were complaining about the pro­ the clause, as amended, was adopted, posed new sub-section as drafted. as was clause 7. During the second-reading debate, I Clause 8, providing for the dis­ expressed some concern about the qualification of the manager of a fact that sometimes inspectors are union on the grounds of interest. required to go to a great deal of trouble to comply with the existing The Hon. J. M. WALTON (Mel­ bourne North Province) .-In my provision. I imagine that even under second-reading speech, I mentioned the proposed new sub-section it may the anomalous position of a person be necessary for inspectors to travel who is a member of a company long distances. I then asked the consisting of nineteen members Minister if any provision was made and who holds only 1 per cent. for the recovery of additional costs of the shares, but is precluded from so incurred and I wondered whether dealing with the local weights and the Minister could give an explana­ measures union under this proposed tion in that regard. legislation, whereas a person who holds 99 per cent. of the shares in a The Hon. R. J. HAMER (Minister company which consists of 21 for Local Government) .-There is no persons has an open book. The special provision at present. I think Minister must agree that this situa­ it is necessary to look at this in the tion is anomalous, and I wonder why round, so to speak. In many the Government is persisting with instances, the fee which will have to the provision. 3130 Weights and Measures [COUNCIL.] (Amendment) Bill.

The Hon. R. J. HAMER (Minister Anybody can see that the matter for Local Government) .-1 intended is not as simple as has been stated to reply to Mr. Walton's statements by the Minister and that, in fact, a made during the second-reading member of a company consisting of debate. The provisions of this clause 21 members gets away with some­ are similar to the qualification al­ thing notwithstanding that he may ready in existence in other statutes. 1 stand to gain a considerable amount regard this as rather unsatisfactory, by dealing with a weights and and 1 am hoping, as I am sure Mr. measures union, whereas a person Walton is, that the Statute Law Re­ who holds a smaller share in a com­ vision Committee will produce a pany of nineteen members cannot do reasonable formula, which may relate this. to the shareholding or control of a The Hon. SAMUEL MERRIFIELD.-A company. This is one of the key ques­ tions that the Statute Law Revision man with twenty children might Committee has been asked to con­ nominate them as members of the sider when dealing with section 181 company. of the Local Government Act. If The Hon. J. M. WALTON.-I am that committee suggests a different sure Mr. Merrifield did not make formula which the Government re­ that statement lightly, because, in gards as workable-as I hope it will order to overcome the provisions of -this is one of the consequential the legislation, action of that sort is amendments that 1 shall be seeking taken. When twenty members of a in the weights and measures legisla­ company hold one share each and tion. somebody else holds 10,000 shares, it is possible to circumvent the At present, it seems reasonable to legislation. have the same restriction in this measure as exists for councillors Members of the Labor Party are in the Local Government Act. not happy about this sort of legisla­ That is the only reason for the tion going on the statute-book. inclusion of this provision. It is However, while we will not oppose consistent with other legislation, it, 1 point out that the Government and when the other legislation is knows it is wrong and that we know it is wrong and we cannot see why altered by reason of the wisdom and the Government is persisting with it. the applied science of the Statute Law Revision Committee, 1 think this The Hon. R. J. HAMER (Minister legislation ought to be looked at, too. for Local Government) .-1 join issue with Mr. Walton in this matter. I The Hon. J. M. WALTON (Mel­ do not know that the provision is bourne North Province) .-Hitherto, wrong. It simply provides that a a provision of this nature has not person shall not be disqualified from existed in the weights and measures being the manager of a weights and legislation, yet the Government sees measures union by reason of-first, fit to introduce it at this time, when being beneficially interested in any the Minister for Local Government newspaper in which the union inserts frankly admits that it is most un­ advertisements; and, secondly, being a shareholder or member of any in­ satisfactory and that some sort of corporated company consisting of change is being considered by the more than twenty persons which has Statute Law Revision Committee. I entered into any contract with or do not consider it a good enough done any work under the authority answer to say that it is included in of the union. this Bill because it is in other Acts. The reference to a company of When we know that a provision is more than twenty shareholders has anomalous, we should not proceed always been thought to make it suf­ with it. ficiently remote an interest for it not Weights and Measures [28 FEBRUARY, 1967.] (Amendment) Bill. 3131 to disqualify, of itself, people from shop or in or on the being on a local council or, in this vehicle such person shall case, from being the manager of a be liable only if- (a) there are at least weights and measures union. six loaves purporting to be of the same denomi­ The Hon. J. M·. WALTON.-YOU nation in the bakehouse have said that you are not happy or shop or in or on the about it. vehicle; and The Hon. R. J. HAMER.-I t is the best formula produced so far. I hope (f) After sub-section (6) there shall be the Statute Law Revision Committee inserted the following sub-sections:- .. (7) For the purposes of this Act, may evolve a better one, because it is sliced bread contained in a package shall open to some possibility-however be deemed to be a loaf. remote-of manipulation. I do not (8) Any package (other than a package know of anyone with twenty children which is unmarked and is wholly trans­ who can be made shareholders of a parent) containing a loaf shall be plainly marked in such a manner as may be company. I do not know of any case prescribed with a statement of the where this sort of thing has happened denomination of such loaf." in the past, although it might have The Hon. R. J. HAMER (Minister occurred. for Local Government) .-1 move- It may be that a better formula That sub-paragraph (iii) of paragraph can be incorporated in the statutes (c) be omitted. later. In the meantime, I do not This sub-paragraph was included see why this measure should not be really only by way of a kind of intel­ consistent with other legislation. I ligent anticipation of what might do not accept the statement by Mr. eventually appear in the uniform Walton that I know it is wrong. I packaging code which is the subject think it is the best that has been of discussion between the States and drafted up to date. If a better one the Commonwealth. The present can be prepared, so much the better. provision is that twelve loaves shall be the standard taken, and the amend­ The clause was agreed to, as were ment as drafted sought to reduce clauses 9 to 12. that number to ten, because it was Clause 13, providing, inter alia- thought that in the uniform legisla­ 13. Section 79 of the principal Act shall tion to be enacted later there would be amended as follows:- be multiples of ten. Two or three weights and mea­ (c) The proviso to sub-section (4) shall sures unions objected to the change. be amended as follows:- In the light of the criticism, I am not sufficiently sure that the uniform (iii) In paragraph (ii) for the words code will contain the new provision co ten loaves" there shall be sub­ stituted the words co twelve to ask the Committee to accede to loaves It; the provision contained in sub-para­ graph (iii) of paragraph (c). The (v) For paragraphs (iii) and (iv) there effect of the amendment will be to shall be substituted the following retain the provisions which are. al­ paragraphs :- ready operative in Victoria. "(iii) notwithstanding anything in the foregoing provisions The amendment was agreed to. of this proviso if there are not twenty-five loaves The Hon. R. J. HAMER (Minister purporting to be of the same denomination in the for Local Government) .-1 move­ bakehouse or twelve loaves That, in sub-paragraph (a) of the pro­ purporting to be of the posed new paragraph (iii) of the proviso to same denomination in the sub-section (4) of section 79 of the Act, 3132 Weights and Measures [COUNCIL.] (Amendment) Bill. as contained in sub-paragraph (v) of para­ The Hon. H. A. HEWSON (Gipps­ graph (c), the word "six" be omitted with land Province) .-During the second­ the view of inserting the word "five". reading debate, 1 pointed out that the The amendment was agreed to. Country Party was opposed to any bread being sold without bearing a The Hon. R. J. HAMER (Minister weight mark. The provision in the for Local Government) .-1 move- amendment is just a play on words. That, in proposed new sub-section (8) of The effect of the amendment will be section 79 of the Act, as contained in para­ tha t any unsliced bread in a trans­ graph (f), the expression "(other than a package which is unmarked and is wholly parent wrapper will not have to be transparent) " be omitted with the view of weight marked. inserting the expression "( except a wholly transparent package containing an unsliced The Hon. R. J. HAMER (Minister loaf)". for Local Government) .-It is Two alert weights and measures obvious that the Committee is having unions, the South-Eastern Suburbs difficulty with this provision. Now Weights and Measures Union and the that 1 look at it again, 1 am not Central Gippsland Weights and satisfied that there are not two Measures Union, independently drew negatives in it which make it ex­ attention to the provision in the pro­ tremely difficult to understand. posed new sub-section (8). Adoption Although 1 am clear on what is of the suggestion they made is desir­ implied by the amendment, I should able because of the possibility that like the opportunity to see if the members of the public would have provision can be put in a more more difficulty in assessing the de­ positive form. I ask the Committee nomination of an unmarked sliced to postpone the clause to afford me 1 lb., 2 lb., or 4-lb. loaf than they an opportunity to attempt to do that. would ha ve in assessing the de­ I am concerned not only regarding nomination of a similar unsliced loaf. the effect of what is proposed but also that its meaning should be made The Hon. J. M. WALTON (Mel­ quite clear. The fact that two bourne North Province) .-The effect members express a view different of this amendment will be that a from mine is a clear indication that transparent package containing an the provision should be redrafted. unsliced loaf will not have to bear a weight mark. Earlier in the clause, The Hon. J. M. WALTON.-It provision is made that bread of any matters little whether bread is sliced kind may be made in the denomina­ or unsliced; if it is in a clear package, tions of 8 oz., 12 oz., 1 lb., 24 oz., it can still be unmarked. 2 lb. and 4-lb. loaves. This means that sliced bread may be made in The Hon. R. J. HAMER.-Every­ those weights. It is also provided one reading the Hansard report of earlier in the clause that bread of the the discussion on this provision will denomination of 8 oz.,. 12 oz. and be completely in a fog, including per­ 24 oz. shall bear a weight mark. haps the Minister. That is enough However, the effect of the amend­ indication to me that the provision ment will be specifically to exclude should be rephrased to make it clear bread made in weights of 8 oz., 12 oz. to people who are not members of and 24 oz. from having a weight Parliament and who are not lawyers. mark. How is the housewife to I therefore seek leave of the Com­ know the difference between ordinary mittee to withdraw the amendment bread sliced and wrapped in a clear and ask that the clause be postponed wrapper, and ordinary bread which is with a view to having a clearer pro­ not sliced and which has to bear a vision suggested. weight mark? Why is it not neces­ sary to have weight marks on these By leave, the amendment was types of packages? withdrawn. Weights and Measures [28 FEBRUARY, 1967.] (Amendment) Bill. 3133

The clause was postponed. (ii) an accident or other cause Clauses 14 and 15 were agreed to. beyon~ his control; or (iii) the action of a person over Clause 16, providing, inter alia- whom he had no control After section 84 of the Principal Act there and in respect of whom he shall be inserted the following section:- gave on demand to an inspector all relevant in­ "84A. (1) Subject to any conditions or formation in his power; procedure which may be prescribed, where and goods seized by an inspector pursuant to this Act or the regulations are of a nature (b) that he took all due precautions and which makes them liable to deterioration if exercised all due diligence to pre­ not used or otherwise disposed of within vent the commission of the offence one month the owner of the goods may and had at all times acted serve or cause to be served on the inspector innocently- a notice (which may be served personally and has, not less than two days before the or by post) informing him that on a stated hearing of the prosecution, notified the day (which shall not be less than one clear informant in writing that he intends to avail day after service of the notice) the said himself of the protection of this section, owner intends making an application to a giving the reasons relied on for claiming court of petty sessions- such protection." (a) that any prosecution under the Act The Hon. R. J. HAMER (Minister or the regulations relating to the for Local Government) .-1 move- goods be proceeded with forthwith; or That, in the proposed section 92, the word "two" be omitted with the view of (b) that the goods be forthwith returned inserting the word "three". to the owner. The Hon. R. J. HAMER (Minister The effect of the amendment will be for Local Government) .-1 move- that it will be necessary to give an inspector three days' notice of a That, in sub-section (1) of proposed section 84A, the words "one clear day" be defence of "due precautions", and omitted with the view to inserting the this should give the inspector time words" three clear days ". to prepare his case. I propose this Mr. Walton, Mr. Hewson, and one or amendment for the reasons I gave two weights and measures unions in relation to the previous amend­ protested that notice to an inspector ment. of only one clear day to produce an The amendment was agreed to, article in a court case was inadequate and the clause, as amended, was and did not give him time to prepare adopted, as was the remaining clause. his case and to obtain legal advice. Progress was reported. In order to avoid deterioration of the goods, the time allowed to pro­ POLICE REGULATION (PENSIONS) duce them must be reasonably short. BILL. However, on consideration, it is This Bill was received from the agreed that the criticism is justified Assembly, and, on the motion of the and that three clear days should be a Hon. L. H. S. THOMPSON (Minister reasonable period, having regard to of Housing) , was read a first time. the fact that it may be foreshortened by the time the inspector receives the notice and takes action. CO-OPERATIVE HOUSING SOCIETIES (INDEMNITIES) BILL. The amendment was agreed to, and the clause, as amended, was adopted, The Hon. L. H. S. THOMPSON as were clauses 17 and 18. (Minister of Housing) .-1 move- Clause 19- That this Bill be now read a second time. For section 92 of the Principal Act there This is a straightforward but never­ shall be substituted the following section:- theless important measure which "92. A person shall not be guilty of an proposes an increase by $900 of the offence against this Act if he proves- maximum advance which is pos­ (a) that the commission of the offence sible under a co-operative housing was due to- society indemnity loan. Last Decem­ (i) a bona fide mistake; or ber, the Treasurer announced that 3134 Co-operative Housing [COUNCIL.] Societies (Indemnities) Bill. the maximum loan to be made There are now 1,043 co-operative by co-operative housing societies housing societies, of which 371 have would be raised by $900 from been formed as a result of aid under the standard $6,600 in the case the Commonwealth-State Housing of normal applications and from Agreement. The sum of approxi­ $8,000 to $8,900 in special family mately $177,833,000 has been made cases, where there are five or more available by lending institutions dependent children. The immediate making use of the Government question that arises is: In view of guarantee, and since 1956 the sum of the fact that the Treasurer announced $88,696,800 has been advanced to that the new maximum was opera­ societies from Commonwealth-State ting last December, why is it housing funds. necessary to introduce this measure? The answer is that in non-indemnity The Hon. ARCHIBALD TODD.-Not cases-those in which the loan too much has come from insurance is less than 80 per cent. of the companies. total valuation of the house-it is The Hon. L. H. S. THOMPSON.­ possible to do this by a mere change The funds made available by insur­ of policy. However, where the ance companies are included in the applicant receives an advance which sum of $177,833,000 which I is in excess of 80 per cent. of the mentioned had been made available valuation of the property, the limit by lending institutions. Since the as specified by the Act is $6,600. co-operative housing movement was Therefore, this measure is necessary established in 1945, 57,592 persons in order to raise that figure to the have obtained their own homes by same level as has applied to non­ taking advantage of this source of indemnity cases since December. finance, and at present approximately I stress that the amounts which 2,230 homes are in course of erection are available for street construction, with the aid of co-operative housing drainage and sewerage works still finance. total $900 where these structures and As this Bill deals specifically with facilities have been completed. indemnity provisions, perhaps the Where they have yet to be completed, most interesting aspect is that, and where an application is made although 5,629 advances have been before the construction work is indemnified by the Government, carried out, it is left to the society which had a liability of $984,484 in to make its own decision. Fre­ respect of the 2,225 indemnities sub­ quently, the advance made may be sisting at the end of December last, well in excess of $900. the Treasurer has been called upon to It is interesting to note that the payout only $854 under indemnities number of indemnity advances given given up to that time. In other by societies over the past two years words the repayment success rate has been decreasing for the simple has been of the order of 99. 9 per reason that the sum of $6,600 has cent. plus, which is a magnificent less often been in excess of 80 per record for any method of home cent. of the valuation of house and finance and reflects credit on the land. In the year 1963-64, the num­ secretaries of co-operative housing ber of indemnified advances granted societies and also on the people who was 418; in 1964-65, it totalled 244; have been conscientious about their and last financial year, the number repayments. decreased to 189. It is hoped that In essence, all this Bill does is to the effect of this legislation will be to increase the maximum advance increase the number of indemnity which may be given in indemnity loans where assistance in excess of cases from $6,600 up to $7,500 for 80 per cent. and up to 95 per cent. of the standard case and from $8,000 to the valuation can be given. $8,900 for the large family special The Hon. L. H. S. Thompson. Crimes [28 FEBRUARY, 1967.] RiU. 3135 case where there are more than five mainly because a suicide's property children. I commend the Bill to the was forfeited to his feudal lord of House. the time. At that stage the church had long taught that suicide was a On the motion of the Hon. J. M. mortal sin for which no Christian TRIPOVICH (Doutta Galla Pro­ burial was possible. The standard vince), the debate was adjourned. penalty was death after attainder, It was ordered that the debate be attainder being the extinction of all adjourned until Tuesday, March 7. civil rights and capacities. So it was regarded seriously by the church as a mortal sin under which a CRIMES BILL. person's property was forfeited and The Hon. R. J. HAMER (Minister his civil rights extinguished. Later for Local Government) .-1 move-- on, apparently, the Crown took over, as it often does, and the property of That this Bill be now read a second time. the deceased was forfeited to the This Bill proposes several changes Crown. in the Crimes Act which are not Because of the moral strictures connected one with another in any against suicide and the forfeiture of sense, but there are three main property involved, it came more and changes in the law to which I think more to be regarded as a felony the attention of honorable members until, in the Middle Ages, the King's should be invited. The first relates Judges held it to be so, for the to suicide and attempted suicide; the apparent purpose of securing the second concerns the compellability of forfeitures for the Crown at the spouses to give evidence one against expense of lower feudal lords. Some the other; and the third relates to relics of the ancient customs may evidence in breathalyzer cases. be seen in section 543 of the Crimes I think I should give honorable Act 1958 and in section 17 of the members a little of the historical and Coroners Act 1958. Fortunately, all Jegal background of the subject, the old disabilities have now been because in the case of suicide par­ abolished for almost a century. The ticularly, this Bill will make a quite practice of burying suicides at the fundamental change in the existing cross-roads with a stake through the law. The proposals on suicide come body was particularly obnoxious but from the Chief Justice's Law Reform lingered to the eighteenth century. Committee, which is, I am glad to The Hon. M. A. CLARKE.-Until say, a very active law reform group roads were macadamized! in this State. It recommends that the present common law rules on The Hon. R. J. HAMER.-That suicide should be abolished and some may be so. From the fact that more rational provision made in the suicide is a felony flows a stream of Act itself. In Victoria, the law on consequences which surrounds the suicide has always been the common law relating to attempted suicide and law rule, and, to say the least, it is suicide pacts with technicalities. The open to strong attack on the ground survivor of a suicide pact is at that it is based on factors which do common law guilty of the murder of not now apply in a modern society. the deceased party, but there are It may seem illogical to many different results according to whether people that suicide should be a crime, each party is to kill himself or one because if it succeeds the" criminal" of the parties is to inflict death on obviously cannot be punished. The both. Where each takes poison and exact origin of the common law rule one only dies, the survivor is guilty on suicide seems to be lost in history, of the murder of the deceased as a but there are records in early Anglo­ principal in the second degree and of Saxon times that it was a crime, attempted suicide upon himself. If, 3136 Crimes [COUNCn...] Bill .. on the other hand, one party shoots thirdly, that if in the course of a the other and turns the gun upon suicide pact one person kills himself, but survives, the survivor is another but does not kill himself, guilty of murder in the first degree. he should be guilty of man­ These are extraordinary technicalities slaughter and not murder; to have in the law. fourthly, that there should be pro­ The first inroad on the old rules vision that a person is justified was made by section 4 of the United in using reasonable force to pre­ Kingdom Homicide Act 1957. This vent another person from com­ section basically reduced killing mitting suicide; and under a suicide pact from murder to fifthly, where a person charged manslaughter, but cast the onus of with murder raises the defence proving the pact on the survivor. of suicide pact, the onus should The 1957 Act did not satisfy the be on the Crown to prove that critics, but led to the passing of the it was not so done. Suicide Act 1961 which abolished suicide as a crime and substituted in Clauses 2 and 3 of the Bill give its stead statutory provisions creating effect to all the recommendations of the offence of aiding and abetting the the Chief Justice's Law Reform Com­ suicide or attempted suicide of an­ mittee except the last. The Govern­ other. ment considers that as with the English Act of 1957, the burden of In Australia three of the States­ proving a defence of suicide pact on New South Wales, Victoria and a murder charge should, in common South Australia-retain the common with all other defences and pleas, be law as to suicide. Queensland, upon the party seeking to avail him­ Western Australia and Tasmania are self of it. The Government further " code" States. Their codes relate considers that the onus of disproving only to the killing of others, and do suicide pact in those cases where the not make suicide an offence. Western facts would allow it to be pleaded Australia appears to be the only one would be quite impossible for the of the " code" States having Crown to discharge, as it would be attempted suicide as an offence. In dependent upon the evidence of the deceased person. It should be noted New Zealand the substance of the that under the amendments proposed English suicide pact provisions was a jury may be satisfied" on the ba­ adopted by the Crimes Act 1961, but lance of probabilities" of the exist­ neither suicide nor attempted suicide ence of a suicide pact. The last is a crime. recommenda tion of the Chief J us­ tice's Law Reform Committee is There exists, therefore, a great therefore not given effect to in mixture of rules on this subject. the Bill, but the English Act has The whole question was considered been adopted whereby when a person at length by the Chief Justice's Law charged with murder says that there Reform Committee, which has was a suicide pact, it is up to him to recommended that Victoria should show, as a normal defence, that there come into line with England and New was a pact. Zealand in the following respects:- The second important matter rela­ First, that suicide and attempted tes to the twin questions of suicide should be abolished as a competence and compellability of crime; spous·es to give evidence against each secondly, that aiding and abetting other. This was the subject of suicide by another should be inquiry last year by the Statute Law established as a crime whether Revision Committee. The report of the attempted suicide is success­ this committee of lIth May, 1966, ful or not; on the present situation in Victoria The Hon. R. J. Hamer. Crimes [28 FEBRUARY, 1967.] Bill. 3137 and the need for removing our competent but not compellable restrictions upon spouses giving witnesses against each other, and in evidence against each other is most paragraph 21 the safeguard that informative-in fact, it is the Statute an accused spouse should be Law Revision Committee in its best permitted to make imputations form. The committee gave a review against the other spouse giving evi­ of the situation and the problems dence for the prosecution without which at present arise. exposing his own character to attack. It is obvious from a comparison of Such a safeguard is obviously neces­ paragraphs 3 and 4 of the com­ sary to test the motives of a vindic­ mittee's report that Victoria has been tive spouse-and there are vindic­ much more restrictive than other tive spouses. States, thereby making it particularly The Chief Justice's Law Reform difficult to prosecute parents for ill­ Committee has also considered the trea ting their children in circums­ whole question and, on the major tances where the spous·es are the issues, sees eye to eye with the only witnesses. The policy of Vic­ Statute Law Revision Committee. torian law basically has always been The Bill adopts the suggestion made that, for the preservation of marital by the Chief Justice's Law Reform harmony, neither spouse should be Committee that a spouse wit­ placed in the position of being ness should be informed, if the obliged to give evidence which may witness is not compellable, that commit the other to gaol. he or she is not obliged to give evi­ The committee was unanimous dence. The Bill carries out all the that in so far as the present law recommendations of the Statute Law frustra tes proceedings against Revision Committee, with the addi­ parents for ill-treating their children, tion of the warning provision I have it is unjust and should no longer be just mentioned. tolerated. Having regard to the many considerations apparent from The third major part of the Bill the report, the committee recom­ relates to the breathalyzer, and it mended that, in the interests of the proposes to make admissible in welfare of children, spouses should evidence as proof of breathalyzer be made not only competent but also readings a copy of the particulars of compellable witnesses for the prose­ a test that are required under the cution on charges of cruelty to or subject section to be given to the sexual offences against their children. person tested. The current provisions The Statute Law Revision Commit­ involve that the breathalyzer oper­ tee quoted one case which illustrates ator shall be in court to prove his the difficulties under the present law. tests and the costs of his attendance At sub-paragraph (c) of paragraph are passed on to the defendant if 5 of its report, the committee quoted he is convicted. Their evidence the case of a drunken man who, in a appears to be so little challenged that fit of temper, placed the buttocks of the Government feels that the his infant son in a bucket of boiling operators' attendance at court might water. As no other person except be dispensed with unless they are his wife was present, the only legally specially notified to attend. To competent witness would be the achieve this, it is necessary to provide infant. The infant was tiny, and for the admissibility of some written thus there was no possible prosecu­ record of the test. Clause 14 pro­ tion for that kind of offence. vides the form in which the cer­ On the wider question of spouses tificate of the test is to be given and giving evidence against each other may become evidence unless the in criminal cases at large, in para­ accused person gives notice in graph 20 the committee recom­ writing that he requires the operator mended that they should be made to be called as a witness. Session 1967.-111 3138 Grimes [COUNCIL.) Bill.

The other small changes which the The Hon. R. J. HAMER.-I do not Bill seeks to make are unrelated, know the origin in a particular case, but they are brought together be­ but I shall endeavour to ascertain if cause they have been recommended. there is any case in mind. It seems Clause 5 overcomes an anomaly in to be reasonable that legal ex­ penalties. Sub-section (3) of section perience at the bar should not be 68 of the Crimes Act provides a confined merely to Victoria. In many penalty of ten years' gaol for indecent cases, particularly relating to Judges, assault upon a male person. Under English experience is acceptable. section 55, indecent assault upon a woman or girl rates a maximum Clause 13 is included at the sug­ penalty of three years' gaol. It is gestion of the Court of Criminal suggested that these assault provi­ Appeal to make it clear that on the sions should be brought into line, and hearing of an appeal the court has it is proposed to fix the maximum power to substitute a probation order penalty of three years. in lieu of a sentence of imprison­ ment previously imposed. The Clause 6 removes the limits of appropriate sub-section is re-enacted time for bringing prosecutions for to include reference to "orders" as taking secret commissions. In the well as to " sentences". That course of making company investi­ apparently was not clear, and the gations in recent years, inspectors Court of Criminal Appeal has recom­ have found that the limits set by mended that it be clarified. sub-section (3) of section 186 are in practice too short because of the There is no common thread running extensive inquiries that have to be through the Bill; it seeks to make a made, and they have suggested that number of changes, some of which the limits be removed. are vitally important to the Crimes Act. I commend the Bill to the Clause 7 proposes to amend the House. definition of "drug" in relation to driving under the influence of drugs On the motion of the Hon. J. W. to cater for the inclusion of such GALBALL Y (Melbourne North substances as L.S.D. which pose Province), the debate was adjourned. peculiar problems so far as classifica­ tion under the Poisons Act 1962 is It was ordered that the debate be concerned. This means that a adjourned until Tuesday, March 7. separate list will be kept for the purposes of section 319 specifying those substances which affect driving FRIENDLY SOCIETIES ability. (INVESTMENT) BILL. Clause 8 overcomes an apparent The Hon. L. H. S. THOMPSON anomaly in relation to qualification (Minister of Housing) .-1 move- for appointment as Crown Prose­ That this Bill be now read a second time. cutor. Under the Act as it stands at present barristers who have prac­ The main purpose of this Bill is to tised solely in other States of the make it possible for friendly societies Commonwealth are not qualified for in Victoria to capitalize upon the appointment as Crown Prosecutors in guarantee of repayments which is Victoria. To put the matter right, forthcoming from the Commonwealth section 352 is being amended to relate Housing Loans Insurance Corpora­ to "Australian" experience rather tion, which is prepared to guarantee than "Victorian" experience. repayment of a loan where the loan The Hon. J. W. GALBALLY.-What may be as high as 95 per cent. of is the reason? Are there not sufficient the valuation of the house together. competent barristers at the Victorian with the land on which the house is bar? erected. The Hon. R. J. Hamer. Friendly Societies [28 FEBRUARY, 1967.] (Investment) Bill. 3139

Under section 17 of the Friendly total, but they will be in a position Societies Act, a friendly society or to lend more in individual cases. the trustees of the society may, with They will be permitted to lend 95 per the approval of the committee of cent. instead of 75 per cent. of the management or the majority of its valuation as at present. member's, lend on first mortgage provided that the loan is not in The Hon. J. M. TRIPOVIcH.-Has excess of 75 per cent. of the valua­ this amendment been introduc,ed at tion of the property, and provided the instigation of the friendly societ­ that the annual payments are equal to ies, or is it sponsored by the Govern­ 4 per cent. of the total value of the ment to help the societies? loan. In practice this means that The Hon. L. H. S. THOMPSON.­ under the present Act the friendly Both, really; the request came from societies cannot lend more than 75 the friendly societies, and the Govern­ per cent. of the valuation of the ment favours this type of assistance, property. because it is endeavouring to close The significance of the pro­ the deposit gap as far as possible. It posed change is that a friendly is obvious that if a loan of 95 per society may lend up to 95 per cent. cent. is made available, the deposit of the valuation by making use of the gap is reduced. guarantee provided by the Common­ The Hon. J. M. TRIPOVICH.­ wealth Housing Loans Insurance Cor­ According to figures quoted by the poration. The amount of money being Minister in the House recently, only loaned by friendly societies for hous­ three loans were made at 95 per cent. ing activities to-day cannot be ascer­ So, I wish he would not keep on tained-I believe that funds in hand referring to the 95 per cent. held by friendly societies in Victoria last year amounted to approximately The Hon. L. H. S. THOMPSON.­ $60,000,000. Obviously, they have I am really referring to guarantees substantial reserves, and this amend­ under the Housing Loans Insurance ment will enable them to lend larger Corporation legislation. In the past, sums to members for the purchase of lending institutions have favoured the homes. As I said earlier, they will approach of lending small sums to a in future be permitted to lend up large number of clients rather than to 95 per cent. of the valuation of a lending larger sums to fewer people. property. This has been the experience in Australia, in Canada and, to a lesser The Hon. A. K. BRADBURY.-How degree, in the United States of much have they been lending for America. It is only the Home Finance home purchase in the past? Trust which has gone in extensively The Hon. L. H. S. THOMPSON.­ for this type of lending, although the I could not ascertain this figure. A co-operative housing societies go in number of societies have gone into for it to a lesser degree and institu­ this field in a generous fashion, but tions wanting to make use of the others have not gone into it so widely. guarantees under the Home Finance Act have practised it to a still lesser The Hon. A. K. BRADBURY.-The degree. reserves to which you referred are not specifically earmarked for home pur­ The Hon. A. K. BRADBURY.-Will chase? this Bill achieve much in such cir­ cumstances? The Hon. L. H. S. THOMPSON.­ No. Perhaps during the Committee The Hon. L. H. S. THOMPSON.­ stage the information required by Mr. It makes a loan of 95 per cent. of the Bradbury will be available. The valuation possible. The friendly passage of this Bill will not mean societies will be enabled to make use that the societies win lend more in of the Housing Loans Insurance 3140 New Melbourne Oemetery [COUNCIL.] Lands Bill.

Corporation guarantee. Under the of the Department of Health, com­ legislation establishing the Corpora­ menced proceedings to obtain title on tion there is no limit on the age of behalf of the Crown of the various the house and its cost can be greater parcels of land covered by the than that allowed under the Home notices. Over subsequent years, the Finance Trust Act. In an endeavour Crown Solicitor was able to arrange to encourage more loans at 95 per for the transfer of all but four in­ cent. of the valuation, the Govern­ dividual lots of land. The person ment has agreed to introduce this whose name is recorded in the Titles Bill, but it cannot guarantee that Office as the registered owner of a certain number of loans will be these four lots is a Mrs. E. V. Hooper, made in the following years. The who had some associations with least it can do is to remove the exist­ Gowrie Park Pty. Ltd., the subdivi­ ing 'restriction on loans by friendly ders of the Gowrie Park estate. Mrs. societies which they want removed. Hooper subsequently remarried and On the motion of the Hon. J. M. became Mrs. E. V. Honour. TRIPOVICH (Doutta Galla Province), However, no action was taken by the debate was adjourned. the Crown Solicitor to obtain title to It was ordered that the debate be the roads within both the areas or to adjourned until Tuesday, March 7. areas of land within the boundaries shown in the First Schedule, formerly part of the Gowrie Park estate, which NEW MELBOURNE CEMETERY in the plan of subdivision were LANDS BILL. reserved for drainage, sewerage and The Hon. V. O. DICKIE (Minister plantation purposes. These areas are of Health) .-1 move- registered in the name of the Broad­ That this Bill be now read a second time. meadows City Council in one case and the original subdivider of the This Bill is introduced to enable the land, Gowrie Park Pty. Ltd., as to the Crown to complete the acquisition of remainder. certain land in the parish of Will­ Will-Rook, County of Bourke, which The company known as Gowrie is to be used for extensions to the Park Pty. Ltd., became defunct on New Melbourne Cemetery at 27th November, 1957. Representa­ Fawkner. The land comprises two tions were recently made to the separate areas, one, of approximately Department of Health by various 103 acres, some little distance to the members of Parliament on behalf of north-west of the existing cemetery the City of Broadmeadows and local reserve, as shown hatched and cross­ residents that the Government should hatched in the First Schedule of the complete the acquisition of the land Bill, and the other, of approximately as soon as possible so that it may be 10 acres, adjoining the western boun­ transferred to the trustees of the New dary of the cemetery reserve, as Melbourne Cemetery in order that shown hatched and cross-hatched in this Trust can negotiate with the City the Second Schedule. of Broadmeadows in accordance with Proceedings to acquire all this land the provisions of section 7 of the were commenced in 1948, and notices Cemeteries Act, 1958, in regard to the to treat were issued to individual cost of making the roads which sur­ owners where they were known and round the perimeter of the land to the owner of the Gowrie Park covered by the acquisition. estate in respect of the remainder of the area where it could not be ascer­ After considerable investigation by tained definitely that a sale agree­ the Crown Solicitor, the Department ment had been entered into. Follow­ was advised that it would take ing the issue of these notices to treat, some considerable time for the title the Crown Solicitor, acting on behalf of the land comprising the roads in New Melbourne Cemetery [28 FEBRUARY, 1967.] Lands Bill. 3141 the particular reserves to be con­ certificates of title in respect of the veyed to the Crown if normal pro­ land covered by the legislation. I cesses were followed. In view of the commend the Bill to the House. fact that it is desired to finalize the matter as quickly as possible so that The Hon. J. M. TRIPOVICH the question of road construction may (Doutta Galla Province) .-Members be handled by the trustees, the of the Labor Party desire to proceed Crown Solicitor recommended that it with the debate on this Bill forthwith should be resolved by legislation. instead of adopting the usual practice of seeking an adjournment. We take This Bill provides for the transfer this action because the Bill concerns to the Crown of the whole of the acquisition of land within the the land within the boundaries new Doutta Galla Province, and we shown in the First and Second are most grateful to the Minister and Schedules of the Bill, with the excep­ to the Department of Health for their tion of the bed, soil and banks co-operation in agreeing to our sug­ of the Merlynston creek which is gestion that this Bill should be intro­ already, under the Melbourne and duced to allow the titles to be cleared Metropolitan Board of Works Act and the land transferred to the trustees 1958, vested in that Board. of the New Melbourne Cemetery so that under section 7 of the After the transfer of the whole Cemeteries Act the Broadmeadows area is completed under these provi­ City Council will be in a position to sions, it will be permanently reserved and granted in trust as part of the negotiate with the trustees for the New Melbourne Cemetery under the allocation of charges associated with provisions of section 60 of the a street construction scheme. Cemeteries Act 1958. Part of the The Minister has stated the posi­ land to be transferred to the Crown tion accurately, and I shall do no and granted in trust to the New more than repeat my thanks to him. Melbourne Cemetery is an area held in the name of the Broadmeadows The owners of one block of land City Council as a reservation for a referred to in the schedule cannot be park. It is understood that this found, but their rights are protected reservation was sought by the by the provisions of clause 5. The council only in case the acquisition land is situated in a rapidly develop­ by the Crown of the whole area for ing area, and I am sure that honor­ cemetery purposes was not pro­ able members generally will agree ceeded with and the surrounding land that if the Broadmeadows City was sold for residential purposes. Council went ahead with the distribu­ The council raises no objection to its tion of the costs of the street con­ reversion to the Crown for use as a struction without being in a position cemetery. to seek a contribution from the The rights of any persons to com­ cemetery trust, the residents of the pensation in respect of the land area would be placed at a severe shown cross-hatched and marked disadvantage and the costs which " A" in the First Schedule are they would have to pay for street preserved. The Crown Solicitor has construction would be increased. stated that, in view of the length of I am certain that Mr. Garrett and time since the acquisition was first the Minister of Agriculture know this commenced, it would be desirable to area well, because under the old recommence any action to acquire boundaries it is in the province that this land. they represent. They will also know The Bill also includes, in clause 4, the thoughts of the people concerned a machinery measure directing the and will therefore agree to the surrender and alteration of any passage of this Bill. 3142 Oountry Fire Authority [COUNCIL.] (Prosecutions) Bill.

Sir PERCY BYRNES (North­ who lights a fire in open country Western Province) .-The Country during the summer period to carry Party is happy to permit this Bill to out the precautions that he is be passed immediately. Negotiations obliged to observe; leaving a fire concerning this land have been under unattended in the country during the consideration for eighteen or nine­ summer period; or throwing down teen years. Because the repre­ a lighted cirgarette. sentatives of the area are satisfied with the Bill, there is no reason why Fire, as honorable members know members of the Country Party should only too well, is one of the greatest object to its immediate passage. The menaces in Victoria during the Bill will enable satisfactory arrange­ summer months. The recent dis­ ments to be made for the financing of astrous fires in Tasmania provide a the construction of a road scheme. tragic illustration of this type of menace. Under the existing law­ The motion was agreed to. the Justices Act-prosecutions for The Bill was read a second time, offences of this type may be heard and passed through its remaining either by a stipendiary magistrate stages. sitting alone or by justices sitting without a stipendiary magistrate. Under section 70 of the Forests Act, EDUCATION AND TEACHING which is the section relating to fire SERVICE (AMENDMENT) BILL. precautions, prosecutions must be This Bill was received from the heard by a stipendiary magistrate. Assembly and, on the motion of the This Bill does not go quite so far Hon. L. H. S. THOMPSON (Minister as the Forests Act, but it stipulates of Housing), was read a first time. in clause three, which inserts a new section 50A in the Country Fire MELBOURNE UNIVERSITY Authority Act, that offences must be (AMENDMENT) BILL. heard by a magistrate sitting with or without justices. This action is This Bill was received from the being taken because of the recom .. Assembly and, on the motion of the mendation of the Rural Fire Brigades Hon. L. H. S. THOMPSON (Minister Association, but, generally speaking, of Housing), was read a first time. the Government believes that offences of this type are of a suf­ COUNTRY FIRE AUTHORITY fiCiently serious nature to warrant (PROSECUTIONS) BILL. a hearing by a stipendiary magis­ trate rather than merely by justices The Hon. L. H. S. THOMPSON sitting without a magistrate. 1 (Minister of Forests) .-1 move- commend the Bill to the House. That this Bill be now read a second time. The Hon. A. W. KNIGHT (Mel­ This Bill provides that all prosecu­ bourne West Province).-The Labor tions for offences under the Country Party supports this measure and does Fire Authority Act shall be heard by not intend to delay its passage. 1 a stipendiary magistrate sitting agree with the Minister of Forests either alone or with other justices. that fire is one of the greatest The measure comes before Parlia­ menaces which can threaten the ment as a result of recommendations by the Victorian Rural Fire Brigades State during the summer period. In Association; it also has the support fact, having regard to the high of the Country Fire Authority. A temperatures that prevailed through­ number of offences are set out in the out Victoria last week, it is extremely Country Fire Authority Act, includ­ fortunate that there was not a ing the failure of an occupier to take holocaust throughout the whole of proper steps to extinguish a fire on the State. 1 commend the Country rural land; the failure of a person Fire Authority and the Metropolitan Richmond (South-Eastern [28 FEBRUARY, 1967.] Freeway) Lands Bill. 3143

Fire Brigades Board for their excel­ Tooronga-road, has been settled lent fire-prevention work during this for some time. A great deal critical period. My party wishes the of design work has been carried Bill a speedy passage. out because several complicated structures are involved, including The Hon. I. A. SWINBURNE two bridges across the Yarra river (North-Eastern Province) .-In view -one to carry the railway line at of the co-operative attitude that has Heyington, and one to carry the free­ been adopted in connexion with this way, again near Heyington-and a Bill, the Country Party will assist deviation of the river in that area to in passing it tonight. This amending allow for a better alignment of the legislation has been requested by the freeway, with the ultimate purpose Victorian Rural Fire Brigades Asso­ of enlarging Richmond Park. The ciation and supported by the estimated cost of the project is Country Fire Authority. I am sure $16,000,000, of which approximately all honorable members support the one-quarter will be found by the principle that offences of the type Melbourne and Metropolitan Board envisaged in this measure should be of Works, which is the constructing heard by a stipendiary magistrate authority, while three-quarters will rather than by justices of the peace come from the Roads (Special sitting alone. Projects) Fund. Frequently, I have heard it stated The Hon. J. M. TRIPOVIcH.-Over in country areas that penalties im­ what period will this be? posed for fire offences are not suf­ ficiently severe to act as a deterrent. The Hon. R. J. HAMER.-It will Generally, it would be agreed that take about three years to complete if such cases came before a court in the project; the main two structures which a stipendiary magistrate was -that is, the two bridges over the sitting, more severe penalties would Yarra river-will take a good deal of be meted out to offenders than are time to construct. Stage one of the handed out by justices sitting alone. freeway extends from the vicinity For that reason, the Rural Fire of Punt-road to the Grange-road Brigades Association requested that bridge, and stage two will carry the this amending measure should be freeway a further 2.6 miles. The passed by Parliament. The Country Melbourne and Richmond Lands Act Party supports the Bill. 1959 made provision for certain The motion was agreed to. reservations in the cities of Mel­ bourne and Richmond to be used for The Bill was read a second time, the construction of the first stage of and passed through its remaining this freeway. This Bill makes a stages. complementary provision for the second stage. RICHMOND (SOUTH-EASTERN In addition to certain portions of FREEWAY) LANDS BILL. unreserved and unalienated Crown The Hon. R. J. HAMER (Minister land, this freeway will involve por­ for Local Government) .-1 move- tions of two reservations in the City That this Bill be now read a second time. of Richmond, one being temporarily The purpose of this Bill is to make reserved as a site for public purposes, provision for the building of stage the other being a permanent reser­ two of the South-Eastern Freeway so vation for public park and recreation, far as it affects Crown lands. The known as Richmond Park, for which present status of this project is that there was a Crown grant dated 19th the alignment of stage two, which November, 1886, issued in the names goes from Grange-road bridge to of the Board of Land and Works and Toorak-road, and probably to Richmond Council. The principal 3144 Richmond (South-Eastern [COUNCIL.] Freeway) Lands Bill.

excision is from this permanent reser­ and road construction works which vation and Crown grant for Rich­ will be carried out in that locality. mond Park of areas totalling about Provided that these works are com­ 9 acres. pleted as now planned-and they will be-there should be little land lost One of the s·ections of land in­ so far as Richmond Park is con­ volved contains about 6 acres in a strip about 30 chains long, running cerned. I believe that the shape of eastwards from the eastern boundary Richmond Park will eventually be of Loyola-grove-that is the end of better and more easily administered stage one of the freeway-and the by the Richmond council. other contains about 3 acres in a Then some other areas adjacent to strip about 16 chains long, south­ the river in the locality south w·est of Carter Oval. There will also of Barkly-avenue between Burnley­ be a .small area of less than one­ street and Loyola-grove will be re­ quarter of an acre excised from the quired for freeway construction, but temporary reservation for public pur­ these can be made available out of poses near the junction of Barkly­ Crown land which has not been avenue and Burnley-street. Those reserved and which, for the most are the three areas involved and they part, is virtually waste land at total about 9 acres. present. Although the alignment of the The common boundary between freeway is known, the exact measure­ the cities of Richmond and Prahran ments of any excision from the is located along the centre line of park cannot be precisely defined the existing bed of the Yarra river until final drawings are made. This and, as I indicated, the construction Bill follows the precedent that was of the project includes an alteration set with stage one of this freeway, to the course of the river near Hey­ and the construction of Queens-road ington. The land north of the pro­ in that it sets the maximum area posed new course of the river will which can be excised from the park, be used for freeway construction. and the construction of Queens­ Any surplus, together with the road, and, when the area can be severed section of the original river computed and the works completed, bed, will be added to the permanent the matter will be put in order and reservation and Crown grant for the proper excision made. Provision Richmond Park. Therefore, it seems is made in the Bill for the excision expedient to provide in the Bill that from these reserves up to a maximum the common boundary between Rich­ of 10 acres. The extra acre is to mond and Prahran shall lie along the allow for contingencies. The area is centre of the river diversion. to be defined in survey plans signed by the Surveyor-General and recom­ It was also considered desirable mended by the Minister of Lands for that, for the purposes of the Mel­ approval by the Governor in Council. bourne and Metropolitan Board of Works Act, the new course of the It is expected that these excisions river should be vested in the Board from the Crown reservations will be and be deemed to be part of the compensated for by the addition to Yarra river. As honorable members Richmond Park of about 8! acres, know, the Board has vested in it all which will be available from the main water-courses in the metro­ diversion and filling of a section of politan area, for which it is respon­ the Yarra river, and from freehold sible. land which will be surrendered to the Crown by the Melbourne and Metro­ The general outline of the Bill is politan Board of Works out of land quite brief. I shall be glad to pro­ north-west of Heyington railway vide members who are interested station, to be purchased by the Board with maps of the area showing what in connexion with the river diversion is proposed to be done, with the The Hon. R. J. Hamer. Zoological Gardens [28 FEBRUARY, 1967.] 3145 proviso that they are not the final logical and Acclimatisation Society construction drawings, although Incorporation Act 1884, which now they do show the alignment in its have no force or effect. Further­ final form. Everything is nearly ready more, on matters relating to the for the work to commence as soon as constitution of the Zoological Board, this Bill has been passed, which will it provides for the appointment of give the necessary authority. This is two representatives nominated by a major project in the metropolitan the Zoological and Acclimatisation area. According to the Board of Society of Victoria, although that Works it is the second most urgent society has been defunct for many and it will, I think, bring a great deal years. Provision is also made for of relief to traffic at present clutter­ the appointment to the Board of an ing up the streets of Richmond, and alderman of the council of the City on the southern side of the river of Melbourne when, in fact, there are through Toorak. The main danger, nowadays no aldermen on the Mel­ if I may put it that way, is that the bourne City Council. freeway may attract so much traffic that it may eventually become choked Clauses 4 and 5 of the Bill recon­ up. However, that is in the future. stitute the Zoological Board of This project is included in the ten­ Victoria as a body corporate consist­ year works programme of the Board ing of eleven members as at present. of Works and it has No. 2 priority. The Board shall consist of- The passing of this Bill will assist it (a) The Director of Fisheries and to come to birth. I therefore com­ Wildlife; mend the Bill to the House. (b) the Director of the National On the motion of the Hon. G. J. Museum; and O'CONNELL (Melbourne Province), ( c) nine other persons possessing the debate was adjourned. the appropriate scientific or administrative qualifications It was ordered that the debate be appointed by the Governor adjourned until Tuesday, March 7. in Council. Of these nine persons, one shall be an officer of the Lands Depart­ ZOOLOGICAL GARDENS BILL. ment, the Forests Comission The Hon. V. O. DICKIE (Minister or the Forests Department; of Health) .-1 move- one shall be a councillor of That this Bill be now read a second time. the Melbourne City Council, and two, one of whom shall The object of this Bill is to re-enact be a graduate in veterinary the Zoological Gardens Act 1936 in science, shall be appointed modern form. In perusing the from a panel of not less original Act, I found that in the 31 than five names submitted years since it was originally amended to the Minister by the and consolidated, no minor or major council of the University of amendment had been made to the Act Melbourne. relating to the administration and control of the Zoological Gardens. A minor change in the term of office of members of the Board is The present Act, apart from being proposed in sub-clause (3) of clause outmoded, contains many provisions 5 of the Bill by providing that the which are now redundant. For period of appointment of members by example, it contains a long preamble the Governor in Council shall not referring to the historical background exceed four years. Under the exist­ of the control of the Zoological ing Act, members are required to be'. Gardens since 1857, and also refers appointed for a period of four years. to several provisions of the Zoo- The proposed change will be more 3146 Zoological Gardens [COUNCIL.] Bill. convenient for administration pur­ of $2. 10 of an annual ticket to any poses, and is in keeping with modern member of the "old " Zoological and practice. Acclimatisation Society entitling the member, his wife and children to be Clauses 6, 8, 9 and 10 are the same admitted to the Zoological Gardens as or similar to provisions of the without charge. Paragraph (a) of existing Act. Clause 7 of the Bill is sub-clause (1) of clause 15 proposes new and is introduced to enable the a similar provision entitling a mem­ Boa;d to delegate any of its powers ber of the Board, including his wife and functions to committees subject and children, to free entry to the to such limitations and restricions as Zoological Gardens for a period of it may impose. The Board can also twelve months. Paragraph (b) of abolish such committees. Clauses 11 sub-clause (1) of the clause extends to 15 of the Bill set out the powers, this right of free entry to members <;>f duties and functions of the Board. certain organizations engaged In These clauses contain three varia­ work relevant to the functions of the tions of provisions of the existing Board. Act. The functions of the Board are set out in clause 13 of the Bill and Clauses 16 to 18 of the Bill contain, are similar to those at present pro­ miscellaneous provisions, which are vided in section 11 of the Act. the same as or similar to existing pro­ visions of the Act. The only varia-, The first variation occurs in sub­ tions are sub-clause (2) of clause 16 clause (I) of clause 11 of the Bill, and sub-clause (1) of clause 17. Sub­ where it is provided that the Board clause (2) of clause 16 is a variat!on shall not appoint any person at a of the existing position under sectIOn salary or remuneration exceeding 13 of the Act whereby the amount $4000 per annum without the ap­ of damages a court may award ~o pr~val of the Governor in Co~n~il. the Board in respect of property IS Under section 7 of the eXIsting limited to $100. It is proposed by Act the approval of the Governor sub-clause (2) to enable a court to in Council must be obtained where the Board intends to employ a make an award in accordance with person at a salary exceeding $1,000 the provisions of section 546 of the per annum. This limit is unrealistic Crimes Act 1958 to meet cases of to-day, and means that unnecessary compensation for damage to property submissions have to be made to the not exceeding the value of the pro­ Governor in Council for the necessary perty destroyed or stolen. approval. Paragraph (b) of sub-section (1) of section 15 of the present Act gives Sub-clause (3) of clause 13 of the power to the Governor in Council to Bill deals with the second variation and enables the Board to undertake make regulations prescribing admis­ new work estimated to cost up to sion charges to the Zoological $10,000 without the consent of the Gardens. Paragraph (b) of sub­ clause (1) of clause 17 of the Bill Governor in Council. At present the Board cannot undertake new works extends the power of the Governor in involving an expenditure exceeding Council to prescribe concession $2,000 without the consent of the charges for any specified class of Governor in Council. On present-day persons, such as picnic parties, for costs this limit is outmoded. admission to the Zoological Gardens. Paragraph (e) of clause 17 provides The third variation is contained in for a penalty of $50 for breaches of sub-clause (1) of clause 15 of the regulations made under the Act. This Bill. Under sub-section (2) of sec­ amount represents an increase of $30 tion 14 of the present Act, provision on the existing penalty for breaches exists for the issue on the payment of regulations. The Hon. V. O. Dickie. Dowling Forest Racecourse [28 FEBRUARY, 1967.] Lands Bill. 3147

The schedule to the Bill contains and on later representations by the a technical description of the land racecourse trustees, who desired to comprising the Zoological Gardens, as obtain a title to the land, it was defined in clause 3 of the Bill. I offered for sale by auction at Ballarat commend the Bill to the House. on 8th April, 1872. One of the con­ ditions of sale set out that the pur­ On the motion of the Hon. D. G. chaser of the land would be ELLIOT (Melbourne Province), the required to hold the land in trust for debate was adjourned. the trustees of the Ballarat Turf Club It was ordered that the debate be as a racecourse for the purposes of adjourned until Tuesday, March 7. racing only, and it appears that, because of that restrictive clause in the conditions of sale, the upset price DOWLING FOREST RACECOURSE was fixed at £1 lOs. per acre, which LANDS BILL. departmental records indicate is well below the average price which would The Hon. V. O. DICKIE (Minister have been sought by the Crown for of Health) .-1 move- the land if it had been offered for sale That this Bill be now read a second time. on an ordinary freehold basis. As the short title to the Bill implies, In the circumstances it was not the land under consideration forms unexpected that the land was pur­ portion of Dowling Forest race­ chased by the trustees of the Ballarat course, in the Ballarat district, and it Turf Club, and, except for an area of is with the object of furthering the 14 acres 3 roods 29 perches required interests of racing in that locality for railway purposes, it has been so that this proposed legislation is sub­ held ever since. The construction of mitted for the consideration of the railway which runs through the honorable members. northern part of the racecourse land The need for the introduction of was authorized by the Railway Con­ this Bill has been brought about by struction Acts of 1880, No. 682, and representations made to the Lands 1884, No. 82l. The land remaining in Department by the trustees of the the original Crown grant is currently Ballarat Turf Club, so that they may held by the trustees in freehold be empowered to provide freehold Certificate of Title, volume 3,309, titles for racehorse trainers desiring folium 735, but, of course, the provi­ to set up residences and training sions of the original grant still hold facilities in close proximity to the good. racecourse. Departmental inquiries In view of changed conditions in disclosed that this could be done only recent years in regard to horse-racing by special legislation, and, with the in the Ballarat district, as a result of object of making honorable members the merger of the Ballarat Miners conversant with the position, I shall Turf Club and the Ballarat Turf Club, now provide some details relating to racing and training activities are now the original Crown grant, from which centred at the Dowling Forest course, I trust the requirement for the pro­ and the trustees have sought to be posed legislation will be recognized. authorized to provide racehorse The 36 acres to which the Bill trainers with freehold sites on parts refers are indicated by black hatching of the racecourse area, to enable in the plan included in the schedule residences with stabling facilities to to the Bill, and comprise part of an be established adjacent to the race area of about 486 acres which was track. Advice received from the sought by the citizens of Ballarat as a Crown Solicitor has disclosed that the site for a racecourse as far back as trustees could not be authorized to 1855. The area was temporarily sell the land for that purpose, without reserved for that purpose in 1865, enabling legislation being passed. 3148 Dowling Forest Racecourse [COUNCIL.] Lands Bill.

As it was considered that the areas gether with the required fees, it is to sought could be sold without detri­ be granted in fee-simple to the ment to the use of the balance of the trustees of the Ballarat Turf Club. land as a racecourse, the representa­ Clause 4 sets out that the trustees tions of the trustees were viewed may use moneys derived from the favorably in principle by the Lands racecourse land to make the pay­ Department but it was felt that, if the ments required to obtain the new trustees were to be empowered to Crown grant. Clause 5 authorizes sell parts of the racecourse area freed the trustees to sell and transfer in from the conditions of the original fee-simple or lease the whole or Crown grant, a reasonable monetary any part of the land comprised in the adjustment should be paid to the new Crown grant. Clause 6 provides Crown by the racecourse trustees for that moneys derived from such deal­ the privilege. Departmental investi­ ings shall be used in the maintenance gations into the circumstances of the and improvement of the main race­ 1872 sale indicated that, because of course area. the restricted nature of the Crown grant, the price of £1 lOs. per acre The main aim of the Bill is to fixed for that sale was well below provide for two indicated areas of the figure of £5 per acre, assessed at 17 and 19 acres to be excluded from that time as the selling price of the the original Crown grant and, subject land as ordinary freehold. to payment of $3,240 to the State by the racecourse trustees, for the Taking into consideration land trustees to be issued with an values then and now, it has been ordinary freehold Crown grant of the estimated that the present-day 36 acres for subsequent sale by the equivalent of the margin of £3 lOs. trustees as they think fit. I com­ per acre between those two values mend the Bill for the favorable con­ would be approximately $90 per sideration of the House. acre, and it was deemed reasonable On the motion of the Hon. D. G. that in the public interest a sum ELLIOT (Melbourne Province), the based on that figure should be paid to debate was adjourned. the State by the trustees for an ordinary Crown grant in fee-simple It was ordered that the debate be covering the area of 36 acres. The adjourned until Tuesday, March 7. total monetary adjustment to be paid by the trustees to enable them to ADJOURNMENT. proceed with their project has there­ fore been assessed at $3,240, and the LOWER YARRA CROSSING: PROPERTIES trustees have agreed to pay this AFFECTED. amount. The Hon. G. L. CHANDLER (Minister of Agriculture) .-By leave, I shall now deal briefly with the I move- clauses of the Bill. Clause 1 recites That the Council, at its rising, adjourn the short title. Clause 2 makes until Tuesday next, at half-past Two o'clock. provision for revocation of the The motion was agreed to. temporary reservation of 4th Sep­ tember, 1865, which should have The Hon. G. L. CHANDLER been revoked prior to the land (Minister of Agriculture) .-1 move- being sold on 8th April, 1872. That the House do now adjourn. It is provided in clause 3 that the The Hon. A. W. KNIGHT (Mel­ area of 36 acres shall be excluded bourne West Province) .-1 desire to from the original Crown grant raise a matter of urgency affecting and subsequent certificate of title, constituents of the Melbourne West and that, after survey of the Province. It concerns the Lower land as described generally in Yarra Crossing, or Route 9 as it is the schedule, and payment of the commonly known. Earlier in the monetary adjustment of $3,240 to- sitting, I received a reply from the The Hon. V. O. Dickie.