Queensland Parliamentary Debates [Hansard] Legislative Assembly THURSDAY, 24 AUGUST 1950 Electronic reproduction of original hardcopy Questions. [24 AuousT.] Commonwealth Powers, &c., Bill. 165 THURSDAY, 24 AUGUST, 1950. CO:<iCESSIONS TO RETIRED RAILWAY MEN. ~Ir. KERR (Sherwood) asked the Minis­ ter for Transport- Mr. SPEAKER (Hon. S. J. Brassington, '' Is it a fact that old railway servants Fortitude V alley) took the chair at 11 a.m. who have given long and faithful service are, after retirement, deprived of certain concessions if they take up private employ­ QUESTIONS. menU If this is so, will he, in justice to these men, restore their privileges in full~'' NORTH-SOUTH SLEEPER BOOKI:\'GS. Hon. J. E. DUGGAN (Toowoomba) }Ir. WORDSWORTH (Cook) asked the replied- :Minister for Transport- '' Privilege ticket and pass concessions '' In view of the great inconvenience that cannot be availed of by a retired employee is caused to rail travellers from Cairns by who is engaged in other employment, and the fact that sleeper bookings for the it is not considered the Government would South are controlled from Townsville, that be justified in extending such concessions many such travellers have to change into to persons engaged in private employ· their sleepers at the latter place, leaving ment.'' them insufficient time for a meal, and that PAPER. Cairns is the terminus of the Northern line, will he give favourable consideration to the The following paper was laid on the table­ booking centre for the line in question being Order in Council under the Fauna Protec­ changed to the latter place~" tion Act of 1937 (3 August). Hon. J. E. DUGGAN (Toowoomba) COMMONWEALTH POWERS (AIR replied- TRANSPORT) BILL. '' 1. Sleeping berth bookings from Cairns SECOND READIKG. for the south on the Cairns-Brisbane mail trains are controlled by Cairns, which has Hon. E. :u. HANLON (Ithaca-Premier) tt separate allotment of first and second ( 11.9 a. m.) : I move- class berths to cater for passengers from ,' That the Bill be now read a second stations north of Cm·dwell. 2. There is time.'' ample time at Townsville for passengers As I pointed out at the introduction of this to change into their sleeping cars and Bill, the necessit:: for it arises from the obtain a meal at the refreshment rooms, as expiration of the transfer of reference of the train from Cairns is due to arrive at powers to the Commonwealth Government Townsville at 7.10 p.m. and is not des­ given during the war. Of course, that refer­ patched until 8 p.m. 3. It would not be in ence was made for 1var purposes, to give the the best interests of the travelling public Commonwealth the wiliest possible freedom in to make Cairns the booking centre for the the carrying on of the various functions and whole of the accommodation on the Cairns­ acth·ities associated with the war effort. Brisbane mail trains, which have to serve Those powers were transferred to the Com­ not only the people north of Townsville but those west of Townsville and south monwealth for a period of five years after thereof. The number of pa•sengers to be the cessation of hostilities and at the end of that period the reference would have no catered for at Townsville is considerablv further effect. However, during the period greater than that to be catered for at Cairns.'' in which these powers were referred, arrange­ ments were made for T.A.A., the Common· wealth Air Lines, to conduct services within AREA AND CATTLE, QUEENSLAND-BRITISH FOOD the State of Queensland. It was obvious CORPORATION. thut a Government-owned service is better fitted to carry on deYelopmental services than ~Ir. SPARKES (Aubigny) asked the services conducted by private enterprise, ancl Premier-- that T.A.A. could undertake services that '' 1. What was the area held by the would . not be undertaken by private enter­ (,lueensland-British Food Corporation on prise becrruse it would not be influenced by 1 July, 1950 W profits. '' 2. ·what was the number of cattle on The State insisted that any service con­ the said country on the same day (a) males, ducted by the Commonwealth should meet the (b) females, and (c) breeders; same taxrrtion as any private organisation that might be competing with it and the "3. What is the number of cattle sold Commonwealth Government agreed. The as fats since 1 July, 1950 (a) males, (b) method of allowing these services to be females W' ' continued was by an amendment to the Australian National Airlines Act enabling Hon. E. lU. HANLON (Ithaca) replied­ T.A.A. to conduct such services within ,' 1. For agricultural and grazing pur­ the State with the approval of the Premier poses, 487,121 acres; and for piggeries, of the State; and one of the conditions 3,242 acres. was that such services would hrrve to "2. (a) 13,261 males; (b) 1,103 pay the same rate of taxation as any females; (c) no breeders. private company. That condition has con­ "3. (a) 1,528 males, (b) 60 females." tinued until the present time, but the 166 Commonwealth Powers [ASSEMBLY.] (Air Transport) Bill. power we refcned expires on 2 September operation immediately after the Common· next. It was on 2 September, 1945, that the wealth Powers Act of 1943 of this State surrender of the Japanese was received and ceases to be in force, which will be on 2 Sep­ the day upon which hostilities actually ceased. tember next. It also provides that it will The Commonwealth Government are not able cease to operate on any date proclaimed by to obtain any renewal of that power through the Govemor in Council. So that the pro­ their own Parliament and it becomes essen­ l·isions of the Bill seem to cover all possible tial that we continue the reference of powers contingencies. ns existing- and so we take this means of The Commonwealth Powers Act of 191~ doing so and thus continuing the services refenc>cl certain powers, including the power that ha1·e been created. We continue them of controlling air transport, to the CommGn­ for no fixed period, but only until they are wealth Parliament. Other powers ilealt wilh cancelled. employment, organised marketing, unif~rm The Bill enabks tlw present Australian company legislation, profiteering and pncv Nation tl Airlines Act as amended to fixing, etc. That 1943 Act referred those ('Ontinue and no parliamentary action will powe-rs for the pe1·iod of -world War II. :::nd be required hy the Federal • Government. for a further period ending at the expiratrm~ So long as we continue the reference of of fi1'e years after Australia ceased to J.w po1vers, the existing Commonwealth Act will engaged in hostilities. The Premier has sa~d enable the intrastate sen·ices to be main­ that the authorities are working on the tained. But if we once allow the reference assumption that, for the purpose of that Act, of powers to expire it "·ill become essential hostilities ceased on the date that Japan s11ed for the Common1v!'alth Government as well for an armistice. as this State's Gm·ernment to pass legisla­ tion to enable them to contimie. The Acting :ur. Hanlon: On the date of Japan's Prime Minister has made it clear that the fonnal surrender. method 1ve propose iu this Bill would be the :ur. ~ICKLIN: On t11e date of the formal simplest and t>::tsicst way and the State sunencler of Japan, which was 2 September, Government are anxious to continue the 1945. On that assumption, the reference of ser\'ie('S of T .A.A. The State has therefore powers under the Commonwealth Powers Act agreed to introduce legislation in this would cease to operate on 2 September of this Parliament. That is to say, we continue in operation the power referred to in the year. present Australian National Airlines Act It is interesting to note that at the time hnt ample care is taken to see that the when that Bill \YaS being discussed in this State can at an:v time, if it so desires, ran­ House there was a doubt in the minds of rd the arrangement by proclamation. The many hon. members as to whether the Com­ Government of Queensland can terminate the monwealth Powers Act of 1943 would cease reference of this power. to operate on that elate. The Premier of the day, Hon. :P. A. Cooper, said th~t in his lUr. Sparkes: Even although they have opinion it vvoul(1 definitely be termmable on given the powers to the Commonwealth~ the elate laid clown in the Bill, that is, five years after the cessation of hostilities. How­ ll!r. HANLON: I do not see how we could ever some doubt exists about the matter and e;mcel a power we had not given ; if you do it is' interesting to note that the Premier him­ not give a power there is nothing to cancel. self, by inserting in .the Bill ~he provision If this Bill is not assented to prior to with regard to a termmable penocl, also had 2 September and the Commonwealth Parlia­ some doubt as to whether the 1943 Bill really ment have not met, the services will cPase transferred the powers of this State for a until the Commonwealth Government can terminable period or for all time. pass fresh legislation to continue them. JUr. Hanlon: It is an additional shot in lUr. Sparkes: I appreciate what you say, the locker. but I was wondering about Clause 4. ))Jr. NICKLIN: It discloses that there is llir.