Clause 67.-On the establishment of the Commonwealth the control of the following departments of the Public Service shall be assumed and taken over by the Executive Government of the Commonwealth, and the Commonwealth shall assume the obligations of any State or States with respect to such matters, that is to say: Customs and excise: Posts and telegraphs: Military and naval defence: Ocean beacons and buoys, and ocean lighthouses and lightships: Mr. BARTON: The amendments to this clause are verbal. I wish to move: To insert after the word Service the words in each State. Amendment agreed to. Mr. BARTON: I move: To strike out the words be assumed and taken over by with a view of inserting become transferred to. Amendment agreed to. Mr. BARTON: Then in the fourth and fifth lines of that clause I move: To leave out the words and the Commonwealth shall assume the obligations of any State or States with respect to such matters. Agreed to. Mr. BARTON: I move: To insert the obligations of each State in respect of the departments transferred shall there. upon be assumed by the Commonwealth. Mr. HIGGINS: This is a matter I called attention to before, but I only wish to understand what really is meant to be done. Is it seriously meant that fixed debts bearing interest which are put down to debit of defence, military, or naval, that these fixed debts are to be taken over [start page 1202] by the Commonwealth? I indicated before that this was the fear as between the States. I want to know, is it intended or is it not? I take it that obligations means debts. Mr. OCONNOR: The intention is only to take the obligations which the department has directly incurred-that is contracts that are subsisting, debts which have been incurred, but that would not apply to a debt which had been incurred for the particular work. In that case the money is borrowed generally, debentures are issued, or in some other way. That is not a debt that would be taken over. Sir GEORGE TURNER: Obligations is a bad word to use. Mr. OCONNOR: There is no other word that really covers everything. It is not only a liability, but also an obligation of any kind. There can be no difficulty about obligations. Mr. HIGGINS: It is obligations in respect of certain matters. Mr. OCONNOR: No; that has been altered in respect of the departments transferred. Mr. HIGGINS: That is even stronger. Mr. KINGSTON: Will the States be relieved by a clause of this description referring to naval defence as regards all their liabilities. For instance, there is the liability to the Imperial Government on account of the Australian Naval Squadron? Mr. OCONNOR: As I understand that liability it is a liability by all the colonies. I think there is a joint agreement by all the colonies. That agreement is entered into by no particular department, but by the State for naval defence. There is no doubt that it belongs to this subject, but the position of the agreement is this: It expires at the end of the year. The ten years are up at the end of this year, but it continues notwithstanding for two years after notice has been given. I take it that that is a matter in which some arrangement would be come to between the States and the Commonwealth and the Imperial Government. That is it matter which you could not provide for in it Constitution like this. Probably before the Commonwealth is established some arrangement would be made between the Imperial Government, the Commonwealth, and the States, by which obligations or contracts will be continued. I support the insertion of the words: The obligations of each State in respect of the departments transferred shall thereupon be assumed by the Commonwealth. Mr. HIGGINS: It is very ambiguous. Sir GEORGE TURNER: Let it go. An HON. MEMBER: It can be altered at the next Convention. Amendment agreed to. Mr. GORDON: I would ask Mr. OConnor whether or not an obligation in connection with these departments would imply an obligation on the part of the Commonwealth to fulfil contracts of servants of the departments? Mr. OCONNOR: I take it that any contract which is in existence must be taken over. But I do not think that a civil servant is in the position of a contractor. Clause as amended agreed to. Clause 73.-No appeals to the Queen in Council except in certain cases. Sir EDWARD BRADDON. This clause on a previous occasion passed without debate, and without the opportunity being presented to me to move an amendment. An HON. MEMBER: Oh, do not speak now. Sir EDWARD BRADDON: I propose to be brief and merely to move to allow of the continuance of appeals to the Queen in Council. Mr. PEACOCK: If you do that in this clause you must do it all along the line. Sir GEORGE TURNER: Is it not better to leave this over to the adjourned Convention? It is not fair to discuss this seeing that so many members are away. [start page 1203] Sir EDWARD BRADDON: Very well. I have established the fact that I have entered a mild protest against that clause as it stands in the Bill. Clause as read agreed to. Clause 74.-Within the limits of the judicial power of the High Court the Parliament may from time to time: I. Define the jurisdiction to be exercised by the federal courts other than the High Court: II. Prescribe whether the jurisdiction of the federal courts shall be exclusive of, or concurrent with, that which may belong to or be vested in the courts of the States: III. Invest the courts of the States with Federal jurisdiction within such limits, or in respect of such matters, as it thinks fit. Mr. BARTON: At the suggestion of Mr. Symon, I move: To strike out of the « first » line the words of the High Court. Mr. SYMON: Leave out all the words in the line. Mr. BARTON: I do not think we need to do that. Amendment agreed to. Clause as amended agreed to.
Posted on: Tue, 24 Jun 2014 22:51:47 +0000
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