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Legislative Assembly Hansard 1973

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Legislative Assembly Hansard 1973 Queensland Parliamentary Debates [Hansard] Legislative Assembly WEDNESDAY, 1 AUGUST 1973 Electronic reproduction of original hardcopy 4 Special Adjournment [1 AUGUST 1973] Papers WEDNESDAY, 1 AUGUST 1973 Mr. SPEAKER (Hon. W. H. Lonergan, Flinders) read prayers and took the chair at 11 a.m. ABSENCE OF THE CLERK Mr. SPEAKER: I have to inform the House that the Clerk of the Parliament has been granted leave of absence to attend the 19th Commonwealth Parliamentary Confer­ ence in London as the secretary to the Australian States' delegation. OPPOSITION WHIP RESIGNATION OF MR. D. J. SHERRINGTON Mr. SPEAKER: I also have to inform the House that, on 30 June 1973, Mr. D. J. Sherrington tendered his resignation from the position of Opposition Whip. PAPERS The following papers were laid on the table, and ordered to be printed:­ Reports- Public Accountants Registration Board, for the year 1972. Under Secretary for Mines, for the year 1972. The following papers were laid on the table:- Proclamations under- Racing and Betting Act 1954-1972. Door to Door (Sales) Act Amendment Act 1973. Metric Conversion Act 1972. Justices Act Amendment Act 1973. Small Claims Tribunals Act 1973. The Justices Acts, 1886 to 1968. Jury Act Amendment Act 1972. Elections Act and the Criminal Code Amendment Act 1973. Unordered Goods and Services Act 1973. Mock Auctions Act 1973. District Courts Act 1967-1972. The Maintenance Act of 1965. Water Act and Another Act Amendment Act 1973. Pollution of Water by Oil Act 1973. Orders in Council under- Audit Acts Amendment Act 1926-1971. State and Regional Planning and Dev­ elopment, Public Works Organization and Environmental Control Act 1971- 1973. Workers' Compensation Act 1916-1973. Racing and Betting Act 1954-1972. Papers [1 AUGUST 1973) Ministerial Statement 5 Decentralization of Magistrates Courts MINISTERIAL STATEMENT Act 1965-1972. Justices Act 1886-1973. CONSTITUTIONAL POWERS, STATES AND The Magistrates Courts Acts, 1921 to COMMONWEALTH 1964. Hon. W. E. KNOX (Nundah-Minister Public Curator Act 1915-1971. for Justice) (11.8 a.m.): For the information The Supreme Court Act of 1921. of honourable members, I lay upon the table Liquor Act 1912-1972. of the House a copy of a petition to Her Elections Act 1915-1973. Majesty the Queen on behalf of the Govern­ District Courts Act 1967-1972. ment of Queensland, together with papers relating to that petition. In doing so, I The Explosives Acts, 1952 to 1963. desire to report to the House on the events Medical Act 1939-1971. that have recently occurred in relation to Medical Act 1939-1973. the division of constitutional powers between Children's Services Act 1965-1973. the States and the Commonwealth of Industrial Development Act 1963-1973. Australia. State Housing Act 1945-1972. By way of preface, I remind the House Water Act 1926-1968. that the Commonwealth Constitution set out Water Act 1926-1973. in detail the results of agreement amongst Irrigation Act 1922-1973. the States as at 1900 as to the division of River Improvement Trust Act 1940- powers between the States and the then 1971. newly formed Commonwealth of Australia. It also provided means for the alteration of Harbours Act 1955-1972. that division of power by way of referenda. Beach Protection Act 1968-1972. Serious disagreement arose in 1969, when Regulations under- the Commonwealth Government announced Public Service Act 1922-1968. an intention to legislate to declare Common­ State and Regional Planning and Dev­ wealth sovereignty below low-water mark. elopment, Public Works Organization The matter came into prominence because of and Environmental Control Act 1971- the improvements in technology which made 1973. off-shore mining a feasible proposition. The Workers' Compensation Act 1916-1973. proposed legislation by the Commonwealth The Petroleum Acts, 1923 to 1967. Government in this regard was the subject of considerable controversy, and, as a result, the Mining Act 1968-1971. legislation was still not introduced when the The Door to Door (Sales) Act of 1966. Commonwealth Government changed hands Elections Act 1915-1973. on 2 December last year. Small Claims Tribunals Act 1973. The present Federal Government intro­ The Art Union Regulation Acts, 1964 to 1965. duced similar legislation-the Seas and Sub­ merged Lands Bill-early this year. The Warehousemen's Liens Act 1973. Bill has not yet been finally passed by the The Contracts of Sale of Land Act of Federal Parliament. In the meantime, the 1933. Prime Minister and the Federal Attorney­ The Co-operative and Other Societies General went to London and are reported to Act of 1967. have requested the United Kingdom Govern­ Liquor Act 1912-1972. ment to enact legislation abolishing appeals Trust Accounts Act 1973. from State Courts to the Judicial Committee Health Act 1937-1971. of the Privy Council. Health Act 1937-1973. At this stage, the State of Tasmania had Children's Services Act 1965-1973. prepared a submission to Her Majesty asking Irrigation Act 1922-1973. that she refer to the Judicial Committee of the Privy Council certain questions relating Harbours Act 1955-1972. to sovereignty below low-water mark. This Queensland Marine Act 1958-1972. procedure is available by reason of section 4 Traffic Act 1949-1971. of the Judicial Committee Act 1833 (United The State Transport Acts, 1960 to 1965. Kingdom) which would permit of the Judicial Committee giving an advisory opinion on By-laws under- such matters. Such a jurisdiction is not Medical Act 1939-1971. available to the High Court. Harbours Act 1955-1972. A petition in similar terms was drafted on Railways Act 1914-1971 (Nos. 1033 to behalf of the State of Queensland, and the 1040). Solicitor-General, Mr. T. Parslow, Q.C., went to London and lodged the petition with the Balance Sheet and Profit and Loss Account Clerk of the Privy Council on 31 May. At of The Union-Fidelity Trustee Com­ the same time, the Tasmanian petition was pany of Australia Limited. also lodged. 6 Ministerial Statement [1 AUGUST 1973] Questions Without Notice Following this, a detailed submission was Whereupon the papers referred to were prepared and also lodged with the Privy laid on the table, and ordered to be printed. Council by the Solicitor-General of Queens­ land. This submission sets out details of the matters referred to in the petition. A similar QUESTIONS WITHOUT NOTICE submission was also lodged by Tasmania. In the meantime, the Commonwealth Govern­ SESSIONAL ORDER ment introduced the Privy Council Appeals Abolition Bill, which purports firstly, as an Hon. J. BJELKE-PETERSEN (Barambah­ exercise of Commonwealth power, to abolish Premier), by leave, without notice: I move- such appeals, and secondly, to request and "That during this session, unless other­ consent to United Kingdom legislation to the wise ordered, and notwithstanding the same effect. This necessitated a further sub­ provision of Standing Order No. 68, mission by the Solicitor-General and by questions may be asked by members with­ Tasmania. That Bill also is presently in out notice being given. The period abeyance. allotted each day for the asking of questions unon notice and without notice and for Two further documents were compiled. the answering of questions shall not exceed The States of New South Wales, Victoria, one hour." South Australia and Western Australia pre­ pared and delivered to the Privy Council a Motion agreed to. memorandum in support of the petitions of Queensland and Tasmania. ORDER IN CHAMBER All States combined in a further memor­ andum setting out the views of the States in Mr. W ALUS-SMITH (Cook) proceeding relation to the unilateral approach to the to give notice of a question- United Kingdom by the Commonwealth Honourable Members interjected. Government, acting without the request or consent of the States and asking for United Mr. SPEAKER: Order! In the past I have Kingdom legislation to abolish appeals from made the point that, when questions are being the courts of the States to the Privy Council. asked, l expect all honourable members to The Premiers of four States-Queensland, remain silent. If one can believe what hon­ New South Wales, Victoria and Western ourable members say about question time, it is considered to be an important period. Australia-together with the Attorneys­ However, from the manner in which, at times, General of Tasmania, South Australia, they conduct themselves, I often wonder Queensland and New South Wales, met in whether it is. London and subsequently held meetings with the British Foreign and Commonwealth Secretary, Sir Alec Douglas Home, and the QUESTIONS WITHOUT NOTICE Prime Minister, Mr. Heath. INVESTIGATION OF RAILWAY CLERICAL STAFF The Solicitors-General had meetings with ESTABLISHMENT, CAIRNS United Kingdom legal officers in the Attorney-General's Department, the Privy Mr. ARMSTRONG: I ask the Minister for Council and the Foreign and Commonwealth Transport: Following the recent investiga­ Office. tion of the railway clerical staff establishment at Cairns, is he in a position to provide I table the documents lodged with the details of any proposed changes? If so, what United Kingdom authorities. They are as are the proposals? follows:- Petitions from Queensland and Tasmania Mr. K. W. HOOPER: Whilst I am aware with the supporting submissions and that there has been such an investigation, I further submissions of both States; am not in a position to give details of any alterations that might result from it. The Memorandum in support of the two investigation is only just completed, and I petitions-from New South Wales, Vic­ understand that the Commissioner for Rail­ toria, South Australia and Western ways has not received the report of his Australia; and officers. However, in view of the representa­ Memorandum with reference to the tions made by the honourable member, I shall request for United Kingdom legislation to provide him with a reply when the inform­ abolish appeals to the Privy Council­ ation is available.
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