Queensland Parliamentary Debates [Hansard] Legislative Assembly WEDNESDAY, 9 DECEMBER 1959 Electronic reproduction of original hardcopy 1976 Land Acts and Other Acts, &c., Bill [ASSEMBLY] WEDNESDAY, 9 DECEMBER, 1959 Mr. SPEAKER (Hon. A. R. Fletcher, Cunningham) took the chair at 11 a.m. QUESTIONS OFFICIAL TELEPHONE-TAPPING Mr. HANLON (Ithaca) asked the Premier- "(!) Is he aware that the Prime Minister, Mr. Menzies, has not yet carried out a promise made two and one-half years ago to institute safeguards to protect the public from abuse of the dangerous rights allowed by official telephone-tapping?" "(2) In view of the threat to the rights of citizens of this State in the lack of any guaranteed safeguards against abuses of this official telephone-tapping, will he on behalf of Queenslanders urge the Prime Minister to make an immediate statement on the present position in this matter?" Hon. G. F. R. NICKLIN (Landsborough) rep!ied- "(1) No." "(2) If the Honourable Member has any evidence of telephone tapping in Queensland and he advises me thereof, I will be pleased to take up the matter with the Right Honourable the Prime Minister." Que.<tions [!) DECEMBER) Questions 1977 LAND PURCHASED BY ALIENS OUTSIDE of refrigerators at Gayndah and Biggenden • AUSTRALIA railway centres as it is claimed that the refrigerators arrived at these centres sev­ Mr. LLOYD (Kedron) asked the Minister eral weeks ago?" for Justice- "As it is very apparent that there is Hon. G. W. W. CHALK (Lockyer) considerable public resentment at the replied- recent purchases of land in this State by "Arrangements are being made for aliens living outside Australia and realising these refrigerators to be placed in the difficulty in supervising any restric­ operation immediately." tions placed on these purchases, is it pos­ sible for the Government to consider imposing a residential qualification of EXEMPTION OF YEPPOON FROM RoAD twelve months on individual alien pur­ TRANSPORT FEES chasers of land in Queensland?" Mr. V. E. JONES (Callide), without notice, asked the Minister for Transport- Hon. A. W. MUNRO (Toowong) replied- "What action is being taken following on "It would be possible for the Govern­ my representations to include Y eppoon in ment to consider imposing residential the area exempted from road transport fees qualifications on aliens wishing to pur­ for the carting of goods between Rock­ chase land in Queensland, but whether hampton and that centre?" it would be wise to introduce the type of legislation which would be necessary Hon. G. W. W. CHAI"K (Lockyer) to impose such restrictions is another replied- matter. If this question is viewed in its "Following on the very comprehensive proper perspective it will be seen that it representations of the hon. member for is only a small part of a very much Callide I am now having the matter wider problem. The question cannot be examined with a view to issuing an Order considered adequately unless it is viewed in Council which will define the exempted as part of the general problem of Aus­ area as any point within the boundaries of tralian development, finance, foreign the City of Rockhampton and any point investment and migration. It must also within a two-mile radius of the Post Office be considered against the economic back­ at Yeppoon." ground that land ownership may be closely associated with development, and against INDEMNIFICATION OF INTERSTATE HAULIERS the legal background that land may be owned not only directly but also Hon. V. C. GAIR (South Brisbane), with­ indirectly either by trusteeship or through out notice, asked the Minister for Transport- the instrumentality of a corporate body. "In view of the recent decision of the 1\s regards the legal background it may High Court which has shown methods used be mentioned that the tendency within all by many interstate hauliers to have been countries which are members of the family illegal, will the Minister give earnest con­ of Nations has been to treat aliens more sideration to the passing of an Act of and more on the same footing as citizens Indemnity on the grounds that- so far as the ownership of property is 1. The legal position of the haulier concerned. In England, aliens were, in has been the subject of considerable 1870, given the right to own real estate doubt; in addition to the right to own personal 2. That the Crown by not enforcing estate. This policy has developed and the law (as it now appears) has shown in practically all the civilised countries of that its legal advisers were themselves the world today aliens are given the right in doubt as to the true legal position of to own land in the same manner as citizens the haulier; are given the right to own land. The 3. That the haulier has been encour­ policy of the Government in this matter, aged by the inaction of the Crown to therefore, may be described as being in commit what must now be taken to be general conformity with the accepted illegal acts: principles of that body of rules known as the comity of Nations. It will thus be seen 4. That the enforcement of the law as that it would be necessary to consider it now appears would be vindictive on carefully many possible indirect effects of the part of the administration and such a proposal before the Government ruinous to many hauliers?" of any State or of the Commonwealth Hon. G. W. W. CHALK (Lockyer) would be justified in implementing it." replied- REFRIGERATORS AT GAYNDAH AND " I. There has never been any doubt in BIGGENDEN RAILWAY CENTRES my mind-and I am sure that such has been borne out by my public statements­ Mr. DAVIES (Maryborough) asked the of the damage that has been done to the Minister for Transport- State's economy by the operations of "Will he have the necessary authority 'border hopper' operators who have sprung issued immediately by his Department to up without Government sanction or enable work to proceed on the installation encouragement." 1978 Questions [ASSEMBLY] Questions "2. The legal position in the minds of However, approved jetty projects may be our legal advisers has not been doubtful as financed from the Commonwealth Aid the Honourable Member would endeavour Marine Works Fund as funds become to lead this House to believe. This is borne available. As from the same date, the out by the fact that the Crown has some following rates of subsidy were varied 230 complaints under the 'State Transport except in those cases where funds had Facilities Acts' laid in the Courts which already been granted for portion of the have been adjourned awaiting the decision cost of a project- in the Harris Case. There have also been some 120 adjournments of complaints Mosquito eradication works reduced under the 'Roads Contribution to Main­ from 50 per cent. to the relevant tenance Acts' awaiting the decision of the general works rate. Kerbing and Boardman case. Both of these test cases channelling from 25 per .cent. to the have now been decided in favour of the relevant general works rate. Erosion Queensland Government by the Full Court prevention and soil erosion works from of the High Court of Australia." 33t per cent. to 25 per cent. provided "3. Whilst I appreciate the position in that a higher rate may be considered which some hauliers now find themselves, I where State interests are involved. cannot, at this stage, place myself in the However, the rate may now be increased to 50 per cent. for road position of introducing an Act to indem­ inverts where the State is not called nify past deeds of illegal operators which, upon to pay subsidy on a scheme as a in fact would mean the granting of a free whole. Aerodrome works from 50 per pardon to them-particularly when I con­ cent. to the relevant general works rate. sider the cases of those persons who, with­ In regard to aerodrome works, where out the resources of the haulier combines, the Commonwealth Government now have pleaded guilty to charges of 'border provides a subsidy of 50 per cent. of hopping' and in several instances have the gross cost, the State contributes 20 ceased such operations; also, the circum: per cent. Swimming baths attract a stances of many local carriers who have fiat rate of 25 per cent. where there acted loyally to the Government and are no existing facilities or where exist­ within the 'State Transport Facilities Acts' ing facilities in the area concerned are plus many railway employees whose liveli­ inadequate for teaching swimming. hood has been severely jeopardised by these Previously the rate was 25 per cent. illegal operators." in a defined area (average distance from ''4. However, as is the policy of the the coast approximately 100 mil;;s) ana Government in all matters, I am prepared 33t per cent beyond. to fully examine any representations that may be made to me by any interested 'Water supply works (other than new parties to ensure that justice is done not schemes or major augmentations) qualify only in respect of past deeds but in respect for 33t per cent. subsidy where the annual of future operations." charge per private residence exceeds £12 after allowing for such subsidy and fm 20 per cent. if the annual charge is SUBSIDIES PAID TO LOCAL AUTHORITIES below £12. New water supply schemes or Hon. P. J. R. HILTON (Carnarvon): I major augmentations of existing scheme~ desire to ask the Treasurer and Minister for to provide additional supply at the source Housing whether he has an answer to the or from a new source are eligible for following question, which I addressed to him subsidy beyond the normal maximum of on 19 November- 33t per cent.