12th Parliament · 1st Session
The House of Representatives, on the 18th December, 1929, adjourned until a day and an hour to be fixed and to be notified by Mr. Speaker to each honorable member. The House met persuant to such notification.
Mr. Speaker (Hon.Norman Makin) took the chair at 3 p.m., and read prayers.
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– I have received a return for the writ I issued on the 25th November last for the election of a member to serve for the electoral division of Franklin in the State of Tasmania, in the place ofWilliam James McWilliams, deceased, and by the endorsement on the writ it appears thatCharles William Frost has been elected in pursuance of the said writ.
Mr. Frost made and subscribed the oath of allegiance.
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The Clerk laid upon the table a copy of an election petition which he had received from the District Registrar of the High Court, at Sydney, under section 196 of the Electoral Act, namely the petition of John Arthur Perkins against the. return of John Joseph Cusack as member for Eden-Monaro.
The Clerk also read and laid upon the table the following letter which he had received from the Principal Registrar of the High Court, at Melbourne, forwarding a copy of an order of the High Court made on the 4th March, 1930-
HIGH COURT OF AUSTRALIA.
Principal Registry,
Melbourne, 10th March, 1930
Election Petition -Perkins against Cusack.
Sir,
I have the honor to inform you that the Petition presented by Mr. John Arthur Perkins against the return of Mr. John Joseph Cusack as a Member of the House of Representatives for the Electorate of Eden-Monaro, name on for hearingin theHigh Court of Australia (sitting as a Court of Disputed Returns) before His Honor Mr. Justice Starke on the 11th, 12th and 1 3th days of February 1930. Reserved judgment was delivered on the 4th day of March, 1930. The Petition of Mr. John Arthur Perkins was dismissed.
In accordance with the provisions of section 190 of the Commonwealth Electoral Act 1918-1928, I havethe honor to forward you. under the Seal of the High Court of Australia, a copy of the Order made herein by His Honor Mr, Justice Starke.
I have the honor to be, Sir,
Your obedient servant,
Seaforth Mackenzie,
Principal Registrar.
In the High Court of Australia, New South’ Wales Registry, in the Court of Disputed Returns (No. 50 of 1929). - In the matter of the election of a member of the House of Representatives for the Electoral Division of Eden-Monaro, in the State of New South Wales, and in the matter of the Commonwealth Electoral Act 1918-1928.- John Arthur Perkins, Petitioner, and John Joseph Cusack, Respondent. - Before His Honor Mr. Justice Starke, Tuesday the fourth day of March, 1930.
This matter coming on for hearing before this Court in its jurisdiction as a Court of Disputed Returns at Melbourne on the 11th, 12th and 13th days of February 1930upon reading the Petition herein upon heading the several affidavits duly sworn and filed herein and the exhibits referred to therein respectively upon hearing the viva voce evidence adduced on behalf of the abovenamed Petitioner and the Chief Electoral Officer of the Commonwealth of Australia who was by an order of His Honor Mr. Justice Starke dated the sixth day of February, 1930, granted leave to enter an appearance herein and uponreading the exhibits tendered during the taking of such viva voce evidence respectively and upon hearing Mr. Maughan K.C. of Counsel for the said Petitioner, Mr. McTiernan of Counsel for the abovenamed Respondent John Joseph Cusack and Mr. O’Bryan of Counsel for the said Chief Electoral Officer this court doth order that the said matter should stand for judgment and. the same standing for judgment this day accordingly in the presence of Counsel for the said Respondent John Joseph Cusack and for the said Chief Electoral Officer this court doth order that the said Petition of the said Petitioner John Arthur Perkins be and the same is hereby dismissed and this court doth further order that the costs of the Respondent John Joseph Cusack and of the said Chief Electoral Officer of and incidental to the said Petition be taxed by the proper officer of. this Court and when taxed be paid by the said Petitioner to the said Respondent John Joseph Cusack and the said Chief Electoral Officer respectively, and this court doth further order that the Principal Registrar of this Court shall forthwith forward to the Clerk of the House of Representatives a copy of this Order.
By the Court
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Mr. NAIRN presented a petition from 1,533 motorists of Western Australia praying that no additional customs duties be imposed upon motor vehicles, spare parts of motor vehicles, or motor spirits.
Petition received.
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Assent to the following bills of 1929 reported : -
Wine Grapes Charges Bill (No. 2).
Bankruptcy Bill.
Seat of Government (Administration) Bill.
Income Tax Bill.
Commonwealth Bank Bill.
Iron and Steel Products Bounty Bill.
Loan Bill.
Appropriation Bill 1 929-30.
Appropriation (Works and Buildings) Bill 1929-30.
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Mr. LACEY, as Chairman, brought up the reports of the Parliamentary Standing Committee on Public Works, together with minutes of evidence, relating to the proposed establishment of automatic telephone exchanges at Hurstville, New South Wales, and Brunswick, Victoria.
Ordered to be printed.
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– On behalf of the Opposition, and, I hope, of all honorable members, I offer congratulations to the right honorable the Prime Minister upon his appointment as a member of His Majesty’s Privy Council.
– I thank the Leader of the Opposition for his kind remarks.
– I desire to make a personal explanation. The Leader of the Opposition has said that he desired on behalf of the Opposition and all honorable members to congratulate the Prime Minister upon his acceptance of the position of Privy Councillor.
– I said “I hope all honorable members.”
– I desire to dissociate myself from any congratulations to the Prime Minister upon his acceptance of a title from an oversea authority.
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– Is the Prime Minister in a position to make a statement respecting the work of the Naval Conference ?
– I am keeping in close touch with the representative of the Commonwealth Government at the Naval Conference, but I do not propose to make a statement to the House until an appropriate point has been reached in the discussions.
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– Seeing that the neal dispute in New South Wales still drags its weary way along’ although the Treasurer said many months ago that the mines would be opened in a fortnight if Labour were returned to office, I ask the Piime Minister whether he proposes to tak.- any steps whatever to secure the peace on i lie coal-fields which we all so much dc’.ii-e, and whether he intends to give to the miners the advice he 3aid in this House that he .would be agreeable to give them, namely, that they should accept the reduction in wages accepted for them by their leaders last year.
– in the first place, I made no such statement as that indicated by the honorable member. What I said was that my advice to the miners was that they should accept the advice tendered to them by their leaders.
– That is what I said.
– The honorable member put it in a very different way. During the whole of the time that. I have been Prime Minister, I have availed myself of every opportunity of presenting views to those engaged in this dispute the acceptance of which, in my opinion, might bring about a just and honorable settlement. I have also endeavoured to instil into the minds of the coal mine-owners of this country that it is their obligation to the people to maintain the conditions under which the men were working under an award of the court set up by this Parliament, and that before any change in the working condition of the miners could take place they should reopen the mines on a pre-stoppage basis. Any question of an alteration of conditions could then be discussed.
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– Can the Prime Minister inform me what amount South Australia was entitled to from the £1,000,000 made .available by the Commonwealth to the States last December for road construction work for the alleviation of unemployment, and what amount that State has applied for.
– The amount granted to South Australia was £114,000; the amount advanced, £19,000; and the amount expended, up to the 28th February, £17,000.
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– I ask the Prime Minister whether he will instruct the Deputy War Service Homes Commissioners in the various States nol to press for the payment of arrears of rent in deserving cases. It is hardly necessary for me to remind the Government that many occupiers of war service homes are in arrears of payment in consequence of the prevalence of unemployment. If the Government would act as I have suggested, it would set a good example to landlords generally.
– I agree with the view of the honorable member, and the Minister in charge of the War Service Homes Department has already done as he suggested. He has taken a more than lenient view of every deserving and necessitous case. Still, honorable members will understand that it would be very unwise to make a general declaration that leniency would be shown in every case, for it might cause many more applications for relief to bn made than the circumstances warranted. Every genuine case of hardship, due to unemployment or other causes, has been sympathetically considered by the Minister.
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– Can the Treasurer inform me what amount has been made available to the South Australian Government under the federal housing scheme, and whether any further sums will be made available?
– The amount of advances under the Commonwealth housing scheme, already approved by the. Commonwealth Savings Bank is £1,490,000. The authorities receiving these advances are -
Of these advances £1,075, 000 have actually been issued. It is impossible for me to say whether any further sums will be made available by the Commonwealth Bank in the immediate future for this purpose. Under the Commonwealth Housing Act, an arrangement was made whereby the Commonwealth Savings Bank could make advances to housing authorities and be recouped from the Commonwealth Treasury; but the previous Government made no provision for the appropriation of funds to recoup the Commonwealth Bank, nor was any amount placed on the Estimates or included in the loan programme for the year. Ithas, therefore, been impossible to recoup the Commonwealth Bank, even for the expenditure already made for this year, and, as far as I can see, it will not be possible to make any provision during the next financial year.
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– Has the attention of the Prime Minister been drawn to press reports of a rumour that it is the intention of the Government to amend the Act giving preference to returned soldiers; and if so, is he prepared to give an assurance that the rumour is unfounded.
– I have not heard the rumour, and there is no foundation for it.
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– Since the imposition of the increased tariff on whisky by the last Government, the price of the Australian product has been increased at Canberra hotels. Will the Minister make inquiries to ascertain whether that has occurred elsewhere, and, if so, will he take action to repeal the increased duty, in accordance with the stated policy of the Government that such tariff assistance would be withdrawn in the event of advantage being taken of the increased tariff by Australian manufacturers ?
– I shall certainly investigate the very grave matter brought up by the right honorable gentleman.
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– Will the Postmaster-General take into consideration an alteration of the wireless programmes, particularly the exclusion of a great deal of the instrumental music, organ solos, and records, with a view to giving more employment to Australian artists ?
– The honorable member knows, of course, that the programmes are carried out under contract by a company over which we have supervision, and with which we are constantly in touch. We are dealing with complaints made from all quarters, endeavouring all the time to ascertain whether it is possible to remedy some of them. The honorable member must realize that it is utterly impossible to meet all complaints.
– I want the Postmaster-General to meet my complaints. I am not concerned with the complaints of other persons.
– The suggestion of the honorable member will receive consideration. I can assure him that the wireless programmes are at the present time under review.
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– Has the Minister received a report concerning the complaints of inconvenience, which could have been prevented in respect of the quarantine of the Aorangi passengers at the Manly quarantine area ?
– The report came to hand this morning. I have read it, and am satisfied that most of the complaints made by the committee of passengers - I do not speak of those reported in the press - were well founded. The landing of the Aorangi passengers at night was a grave error, and the resulting confusion was without excuse. I express my regret for what occurred, and every effort will be made to prevent its recurrence.
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picturegramplanttenderspositionofmr.h.p.brown.
asked the PostmasterGeneral, upon notice -
– This question appeared on the notice-paper for 12th December, 1929, and the reply was furnished by letter during recess. It is assumed the honorable member does not desire that the information be repeated.
asked the PostmasterGeneral, upon notice -
– This question appeared on the notice-paper for 12th December, 1929, and the reply was furnished by letter during recess. It is assumed the honorable member does not desire that the information be repeated.
asked the PostmasterGeneral, upon notice -
– This question appeared on the notice-paper for 12th December, 1929, and the reply was furnished by letter during recess. It is assumed the honorable member does not desire that the information be repeated.
asked the PostmasterGeneral, upon notice -
– I am unable to give the reasons which actuated the late Government either in regard to. the appointment of Mr. Brown or the salary paid to him.
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asked the Acting Minister for Trade and Customs, upon notice -
Mr.FORDE. - The answers to the honorable member’s questions are as follow : -
2.Nil. 3.Rate of duty on cotton seed -
British preferential tariff, free; general tariff, free.
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asked the PostmasterGeneral, upon notice -
What salary, fees and allowances were received in 1928 by (a) managing-directors,
– This question appeared on the notice-paper for12th December, 1929, and the reply was furnished by letter during recess. It is assumed the honorable member does not desire that the information be repeated.
– I rise to a point of order. As the information given in reply to some of these questions is of general interest to the House, might I ask for a ruling, Mr. Speaker, without reflecting in any way on the Postmaster-General, whether it is not expedient that the full answers should be tabled for record in Hansard?
– It is within the right of the Minister to make such answers as he feels meet the situation, and it is not for the Speaker to determine whether they are adequate.
– I have no objection whatever to including the full answers in Hansard, but the honorable members concerned have already received them. As a matter of fact, I mentioned that fact to the honorable member for Martin (Mr. Eldridge) this morning, and he was then quite satisfied with the answer I have just given.
– I rise to a point of order. I do not wish to inconvenience the Postmaster-General, but if the replies can be recorded in Hansard, I shall be obliged.
– The only way in which the honorable member can bring about the inclusion of the full answers in Hansard is for him to place his questions upon the notice-paper again and for the Minister to answer them fully at ‘a later date.
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asked the Minister for Repatriation, upon notice -
– The answers to the honorable member’s questions are as follow : -
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Australian-Made Equipment
asked the PostmasterGeneral, upon notice -
– The answers to the honorable member’s questions are as follow : - 1.No. With the exception of certain portions of the plant, it is not considered that an attempt at standardization would be desirable. The departmental specification left tenderers absolute freedom in the design of the equipment to be offered.
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asked the Minister for Repatriation, upon notice -
In view of the number of regulations, executive minutes and Cabinet decisions which have been operating under the administration of the Australian Soldiers’ Repatriation Act for a considerable period, will the Minister take steps to consolidate the act and thus embody therein the said regulations, &c. ?
– The regulations are altered from time to time to meet changing circumstances, and to quickly re-adjust anomalies. This arrangement has always worked to the advantage of the ex-soldiers and will not, by this Government, be altered to their disadvantage. The direct answer to the question of the honorable member for Brisbane is “ No.”
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asked the Prime Minister, upon notice -
What is the total number of Hansard copies printed and circulated?
M r. SCULLIN.- The number of Hansard copies printed is as follows: - First edition, 5,500; second edition, 2,800. The number printed is just sufficient to meet circulation requirements, no regular stock of copies being held by the Government Printer.
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asked the Treasurer, upon notice -
What is the amount of increased revenue expected to be produced by the further tariff duties introduced on the 11th December last?
– No increased revenue is expected as the result of these further duties.
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Report by “ Labour Daily.”
asked the Honorary Minister, upon notice -
– The answers to the honorable member’s questions are as follow : -
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Position of Director of Works
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow : -
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asked the AttorneyGeneral, upon notice -
– The answers to the honorable member’s questions are as follow : -
Industrial Peace Acts 1920, but is a party to the following awards made under the Com monwealth Conciliation and Arbitration Act 1904-1928:-
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Flotation Expenses. - Bankers’ Commissions
asked the Treasurer, upon notice -
– The answers to the honorable member’s questions are as follow : -
asked the Treasurer, upon notice -
– The conference was held to consider exchange difficulties, not the question of commission on loans.
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow : -
asked the Treasurer, upon notice -
– Assuming that the honorable member’s question refers to treasury-bills for £5,000,000 issued in London in November last, the replies are : -
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asked the Minister for Defence, upon notice -
– The matter is dealt with in section 148 of the Defence Act, under which provision was made in 1909-10 at the time of the establishment of the college that, after five years of its establishment, no person who is not a graduate of the Military College should be appointed an officer of the Permanent Forces. This section was added to in 1917, and provision was then made enabling soldiers of the Permanent Forces to ‘ become officers in the non-combatant branches of those forces and also warrant and non-commissioned officers of the Permanent Forces to be appointed to commissioned rank for the position of quartermaster. Under the last provision there are at present 65 members of the Permanent Forces who have been promoted to substantive commissioned rank as quartermasters with honorary rank up to and including the rank of major. In addition there are 75 warrant officers who have been granted honorary commissioned rank. Before the limitations of this section came into force, soldiers of the Permanent Forces were eligible to compete for appointment to commissions in all branches of those forces, but after the establishment of the college it was essen tial, not only on account of the special training of the college, but also of the necessity for ensuring its success and the maintenance of the number of suitable applicants for entry, that appointments to commissioned rank in permanent forces, except those specially provided for, should be limited to graduates of the college. Entry to the college is by competitive examination, and it is open to all to compete, without restriction, the whole course being free of any expense to successful candidates. It is not proposed to make any alterations in the existing provision.
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asked the Acting Minister for Trade and Customs, upon notice -
– The answers to the honorable member’s questions are as follow : -
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Alleged Maladministration
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow: -
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow : -
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow : -
asked the Prime Minister, upon notice -
– The answers to the honorable member’s questions are as follow: -
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Compensation to Staff.
asked the Prime Minister, upon notice -
– I have been advised by the Australian Commonwealth Shipping Board as follows : -
The following amounts were paid to agents, in settlement of their claims: - Messrs. Turner, Davidson & Co., London, £4,005 4s. 3d. in settlement of their claim for balance of commission up to expiry of three months’ notice they were entitled to under their agreement. Messrs. Leopold, Hal ford& Co., of Liverpool and Glasgow. - A claim for loss of commission on account of the withdrawal of the steamers from the west coast service was settled for £5,000.
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asked the Treasurer, upon notice -
In view of the fall in land values and the depression in rural industries, will the Government adjust the land tax assessments for the current financial year so as to conform with the true market value of land during the same period ?
– Land tax assessments for the current financial year have been made upon values which were applicable for the statutory triennial period of assessment commencing on the 1st July, 1927. The assessment for the financial year 1930-31 will be based upon the market selling value of land as at or about the 30th June, 1930, as disclosed by sales of the land or of comparable lands at or about that date. The High
Court judgments require assessment values to be deduced from standards of values disclosed by actual sales of land as at or about 30th June. If, therefore, sales of land in any district which take place at or about the 30th June, 1930, show standards of value for that district which are different from the values upon which the assessments for the financial year 1929-30 have been based, the new standards of value will become applicable whether they be greater or less than the standards used in the earlier assessment.
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asked the Prime Minister,upon notice -
What is the total sum paid to date to Burns. Philp & Co. for subsidies in connexion with the following: -
What were the annual subsidies paid to this company for the last financial year for the same services?
– The information is being obtained.
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asked the Acting Minister for Trade and Customs, upon notice -
– The answers to the honorable member’s questions are as follow : -
The regulations do not require that the Film Censorship Board shall place a definite value upon a film from the points of view mentioned in the question. The regulations provide that no film shall be registered which -
asked the Acting Minister for Trade and Customs, upon notice -
– The answers to the honorable member’s questions are as follow : -
asked the Acting Minister for Trade and Customs, upon notice -
– The information is being obtained.
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Issue of Defence Stores
asked the Minister for Defence, upon notice -
– Inquiries will be made and a reply will be furnished to the honorable member as early as possible.
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The following papers were presented : -
Audit Act - Finance 1928-29 - Treasurer’s Statement of Receipts and Expenditure for the year ended 30th June, 1929, accompanied by the Report of the AuditorGeneral.
Ordered to be printed.
Commonwealth Bank Act - Balance-sheets of Commonwealth Bank and Commonwealth Savings Bank at 31st December, 1929; and statement of the liabilities and assets of the Note Issue Department at 31st December, 1929, together with the AuditorGeneral’s Reports thereon.
Air Force Act - Regulations amended -
Statutory Rules 1929, No. 114.
Audit Act-
Regulations amended - Statutory Rules 1929, No. 135.
Transfers of amounts approved by the Governor-General in Council - Financial Year, 1928-29- Dated 7th February, 1930.
Bankruptcy Act - Rules amended - Statutory Rules 1929, Nos. 134, 140.
Customs Act - Proclamation prohibiting the exportation (except under certain conditions) of Flour (dated 21st October, 1929).
Defence Act - Regulations amended -
Statutory Rules 1929, Nos. 101, 102.
Statutory Rules 1930, No. 14.
Distillation Act - Regulations amended -
Statutory Rules 1929, No. 105.
Elections, 1929 -
Statistical Returns in relation to the General Elections for the House of Representatives.
Statistical Returns showing the Voting within each Subdivision in relation to the General Elections for the House of Representatives, viz.: -
New South Wales.
Queensland.
South Australia.
Tasmania.
Victoria.
Western Australia.
Electoral Act - Regulations relating to Joint Electoral Rolls, Victoria - Statutory Rules 1930, No. 10.
Excise Act - Regulations amended - Statutory Rules 1929, No. 97.
Invalid and Old-age Pensions Act - Regulations amended - Statutory Rules1930, Nos. 4, 11.
Lands Acquisition Act - Land acquired at -
Brooklyn Park, South Australia - For Postal purposes.
Gosford, New South Wales - For Postal purposes.
Harbord, New South Wales - For Postal purposes.
Maylands, Western Australia - For Postal purposes.
Peninsular, Perth, Western AustraliaFor Defence purposes.
Port Augusta, South Australia - For Railway purposes.
Nationality Act - Return for 1929.
Naval Defence Act - Regulations amended -
Statutory Rules 1929, Nos. 113, 130.
Statutory Rules 1930, Nos. 12, 13.
New Guinea Act - Ordinances of 1930 -
No. 1 - Transfer of Land Control.
No. 2 - Mining.
No. 3 - Police Force.
No. 4 - Appropriation 1929-30.
No. 5 - Coroners.
No. 6 - Native Labour.
No. 7 - Police Offences.
No. 8 - Superannuation.
No. 9 - Currency, Coinage and Tokens.
No. 10 - Mining (No. 2).
Northern Australia Act -
Central Australia - Ordinances of 1930 -
No.1 - Observance of Law.
No. 2 - Motor Vehicles.
North Australia - Ordinances of 1930 -
No. 1 - Observance of Law.
No. 2 - Motor Vehicles.
No. 3 - Darwin TownCouncil.
Papua Act-Ordinances of1929 -
No. 8 - Mineral Oil and Coal.
No. 9- Mineral Oil and Coal (No. 2).
Post and Telegraph Act - Regulations amended -
Statutory Rules 1929, Nos. 132, 133.
Statutory Rules 1930, Nos. 1, 2, 5,6, 7, 8, 15.
Public Service Act -
A ppointments - Depa rtments of -
Health- Fitts, C. H.; Lee, D. H. K. ; McCann, F. B. ; Moore, G. H.
Home Affiairs - Cornish, A. W. ; Ralston, K. M. ; Rose, A. G.
Trade and Customs - Deans, K. M.
Regulations amended - Statutory Rules 1930, No. 3.
Quarantine Act - Regulations amended - Statutory Rules 1929, Nos. 131, 138.
Railways Act - By-law No. 53.
Seat of Government Acceptance Act and Seat of Government (Administration) Act - Ordinances of 1929 -
No. 20 - Canberra University College.
No. 21 - Marriage.
No. 22 - Theatres and Public Halls.
Spirits Act - Regulations amended - Statu tory Rules 1929, No. 98.
Treaty of Peace (Germany) Act - Regulations Amended - Statutory Rules 1930, No. 19.
Wine Grapes Charges Acts - Regulations - Statutory Rules 1929, No. 139.
page 23
– I lay on the table of the House reports of the Tariff Board dealing with the following subjects: -
Cotton-growing and allied industries.
Inquiry into coastal clauses of Navigation Act.
Production of flax and linseed in Australia. Edible oils.
End and side-tipping trucks, concrete trucks and earth scoops.
Chamois leather.
Tires for motor cycles.
Anti-corrosive and anti-fouling paints.
Electric light lamp-holders.
White lead (dry or ground in oil).
Ladies’ hand-bags, ladies’ purses, and ladies’ wallets, except of metal.
Linseed oil imported in packages containing less than 30 gallons.
Medical and surgical instruments and apparatus. and I move -
That the reports be printed.
.- I notice that some of these reports were available for presentation as far back as 1928. The practice of withholding them for such a lengthy period is not in the best interests of this House. Since August last four new tariff schedules have been introduced, of which the Minister for Trade and Customs (Mr. Fen ton) brought forward two, and the Acting Minister (Mr. Forde) one. Many honorable members, like myself, desire information concerning the reasons for tariff changes. They are anxious to devote such time as they can spare to the study of the board’s reports, and the evidence adduced for or against proposed alterations of duty. On many other items the tariff has been amended considerably, and the House has not yet had an opportunity to discuss the alterations. The reports of the board regarding many of the items on which the duties have been altered have not been laid on the table. No doubt the Acting Minister (Mr. Forde) has considered those reports, and when legislative or administrative action has beendecided upon such reports should be made available to members. Nevertheless, the policy of hushing up matters to which the honorable member for Adelaide (Mr. Yates) has objected, appears to continue. I strongly object to the House being keptwaiting for reports that should have been tabled months ago.
.- At the end of the last sitting I asked that members should be provided as soon as possible with the Tariff Board’s reports relating to the items dealt with in the schedules that had been laid before the House. Since that time, some twelve or fifteen reports have been received. The items are very numerous, and I ask the Acting Minister (Mr. Forde) when he expects to furnish members with the information that is essential if there is to be a proper discussion of the tariff proposals? Regarding what has been said by the honorable member for Richmond (Mr. R. Green), I suggest that it has n over been the practice of any Government to ‘lay a report of the Tariff Board on the table, unless that Government proposed to ask the House to alter the tariff provisions with respect to the matter with which the report dealt. Unless action of that kind were proposed to be taken, it would often be unreasonable, injudicious and, indeed, unfair to the interests involved to reveal matters which, under the circumstances, were not of immediate public concern. It may be that there are exceptions to this rule, but, speaking generally, the reports should be tabled only when the Government proposes to take action upon them. We shall have another opportunity to discuss the action of the present Government in bringing down a large number of proposals without any prior reference to the Tariff Board; that, however, is distinct from the matter now before the House. I ask the Minister to inform honorable members when it is likely that they will receive the large number of Tariff Board reports Still outstanding, and when it is likely that the tariff will be discussed.
– I am surprised at honorable members taking exception to the action of the Acting Minister for Trade and Customs (Mr. Forde) in bringing these reports down. On the first day we meet after the recess he has tabled a whole set of reports, and has asked that they be printed. Some of them have been held back for years. The late Government prevented some from being tabled. No blame is attached to the Acting Minister in this matter; he is merely doing what is clearly his duty. His object is to enlighten the honorable member for Richmond (Mr. R. Green) and other honorable members.
– I am not quite satisfied that the whole of the reports have been tabled, and I desire an assurance from the Acting Minister (Mr. Forde) on that matter. If he has not brought down all the reports in regard to items in connexion with which he has been responsible far tariff alterations, it is his duty to cio so. I hope, as I said some time ago, that we shall be supplied with all the reports of the Tariff Board in respect of the matters that have been dealt with by it. I disagree entirely with the Leader of the Opposition (Mr. Latham) that when the Government intends to take no action, the reports of the board should not be laid on the table. The Tariff Board was appointed, not by the Government, but by the Parliament, in the interests of the whole of the people. I think that the time will come, if there is any common-sense in the Tariff Board, and if we can get a chairman outside the Customs Department who will not be looking to the Minister for emoluments in the future, but who- will be wholly independent-
– That is hardly a fairremark.
– The Prime Ministerknows that when the Tariff Board wasestablished it adopted star chambermethods that were only altered because of the fight that took place in Parliament concerning them. When the board makes a report for submission to Parliament it should be laid on the table irrespective of whether the Government intends to take action upon it. Honorable members want the information contained in those reports. The board may recommend a big reduction in duty of which the Government may not approve, and if it does the country is entitled tothat information. I hope that, in his reply, the Acting Minister will inform us whether reports on items in regard to- which alterations in duty are proposed will be laid on the table before the duties are discussed.
.- I support the remarks of the honorable member for Richmond (Mr. R. Green), and, in reply to the honorable member for South Sydney (Mr. E. Riley), I may say that honorable members on this side are satisfied with the reports that have been tabled, but consider there are not enough of them. The reports now tabled have already been circulated among honorable members, and are antiquated. One, at least, refers to an item in the tariff schedule introduced by the late Mr. Pratten, so we can well imagine how up to date the reports are.
– Who kept that particular report in storage?
– I invite theActing Minister to reply to that question. If it was kept back before the Minister became associated with the Customs Department, he can tell the House who is responsible for withholding it; my party has nothing to hide in regard to the matter. I ask the Minister to make known any facts of which he may be aware concerning it. I should like him to indicate, in his reply, whether reports will be available to the House with respect to every tariff alteration contained in the last two schedules submitted that have yet to be considered. Speaking subject to correction, I understand that the act under which the board was appointed makes it mandatory that the reports shall be presented to the House with respect to all tariff alterations. I should be glad to know whether it is proposed to supply members with reports by the board regarding the great number of important and substantial alterations that are proposed.
.- The criticism from the other side of the House is like the conduct of the devil in quoting scriptures. The board’s recommendations were not tabled until the Pratten tariff had been finally ratified - a long period afterwards. The comments by honorable members opposite on the practice adopted by the present Government in this matter come with very little grace from them.
.- I rise to make it. clear that if a report of the Tariff Board recommending an increased duty were tabled before action was taken by the Government to impose the increase there would immediately be a tremendous importation of the article on which the Tariff Board recommended the increase, and, as a consequence, the protection, proposed to be afforded to Australian industry would be defeated, because the country would be flooded beforehand with goods of overseas manufacture and at the same time deprived of revenue. It was, therefore, the practice of the last Government -I trust it will be the practice of every government - to take into consideration Tariff Board reports, and not publish them until action was taken in the House itself. In the case of reports on which no action is contemplated the Minister for Trade and Customs has repeatedly, when requested to do so, given publicity to Tariff Board reports, but that has been done quite independently of the introduction of any tariff schedule. The records of this Parliament will show that when the late Mr. Pratten tabled his tariff he, on the same clay, presented a certain number of Tariff Board reports, and on succeeding days produced further reports to enable honorable members to be fully seised of their contents before action was taken by Parliament. Honorable members will recollect that before the 1925 schedule was fully discussed by Parliament, an election intervened. On that occasion, I venture to say, honorable members had all the tariff reports dealing with the items covered by the schedule. For the protection of the public revenue and the industries of Australia I trust that the past, practice will be continued, and I urge that when a tariff schedule is tabled the greatest expedition should be used to bring before members of Parliament and the public generally the Tariff Board reports, which will enable the various items in the schedule to be discussed properly.
– I am sorry that the honorable member for Swan (Mr. Gregory) should reflect upon the Chairman of the Tariff Board, or insinuate that because that gentleman is a permanent officer of the Public
Service he may he influenced improperly in any way in the execution of hia onerous duties. The Chairman of the Tariff Board is one of the principal officers in the Trade and Customs Department - there is only one officer senior to him - and he has invariably carried out hia duties in a most impartial and able manner. No section of the community, freetraders or protectionists, can justifiably cast any aspersion upon his integrity.
– He ought to be independent of the Minister.
– In what he does he is absolutely independent. There are some people in the community, I remind the honorable member, who are ready to give a decision irrespective of possible financial consequences to themselves, and he would be a poor Minister who would victimize an official for an honest decision. The Tariff Board submits its reports to the Minister for Trade and Customs and not to Parliament. In most instances the delay that has occurred in tabling Tariff Board reports has been justified. These reports are frequently favorable to requests for increases in duties, and if they were tabled astute importers would immediately proceed to import large quantities of goods and thus defeat the operation of the tariff schedule which they would have reason to assume would subsequently be laid on the table of Parliament to afford the protection recommended by the Tariff Board. Some of the reports I present to-day are certainly dated 192S, but they were withheld by the Minister for Trade and Customs in the last Government because that Government had not taken action upon them. Had they been laid on the table of this House, no doubt information would have been made available to people who would have imported quantities of goods because of the favorable recommendations of the board. The present Government has been in office for about five months and already has circulated fifteen Tariff Board reports, while 25 additional reports are in course of being printed. There will be no delay in having these reports printed and circulated in order to enable honorable members to have the advantage of the knowledge gained by the Tariff
Board after its careful investigations. J cannot definitely say when an opportunity will be afforded to discuss the tariff itself ; but when that discussion does take place, honorable members will certainly have every chance to give expression to their views.
Question resolved in the affirmative.
page 26
– The statement which I am about to read I shall present as a paper, and to enable it to be discussed I shall conclude by moving that it be printed.
In placing before honorable members an outline of the legislative programme which they will be asked to consider in the next few months, it is desirable to dwell for a moment on the difficult financial and economic position confronting the Commonwealth at the present time.
Fundamentally, we are suffering from the effects of world wide depression, accentuated by over-borrowing.
Though the value and volume of our exports have declined, imports have continued to enter the Commonwealth on a large scale. As a consequence, the demands made by importers and others on London funds now exceed the supply, notwithstanding that £17,000,000 in gold has been shipped to London since July last. In addition to payment for imports, we have, of course, to meet a heavy annual interest bill on money borrowed abroad.
For the six-years period ended 30th June, 1929, imports exceeded exports by £42,000,000. In the same period we had to pay overseas for interest and services, £193,000,000. Thus the net total of our overseas obligations was £235,000,000. In the same period our overseas debt- increased by £153,000,000. We also received in London during this six-years period the sum of £9,000,000 in respect of Bawra dividends. This gives a total of £162,000,000 received in London towards meeting overseas payments. As the overseas payments for the six-years period amounted to £235,000,000, as already shown, there was an adverse balance in that period amounting to £73,000,000. Fortunately, at the beginning of the sixyears period Australia had a large accumulation of funds in London. There are, of course, certain invisible imports and exports, the effect of which the Commonwealth Statistician is unable to calculate. The results quoted, however, illustrate the position as far as it is possible to do so.
The position is somewhat worse if regard is paid also to the trade figures for the six months ended 31st December last. In that period there was an excess of imports over exports, including bullion and specie, of £16,000,000, and payments for interest and services overseas, amounted to about £17,000,000. Thus we required for that six-months period a net total of £33,000,000 to pay for excess imports, interest and services. Against this sum may be set the sum of £10,000,000 borrowed by means of treasury-bills in the overseas market.
The position demands that we should take the most stringent measures to rectify the trade balance. Thus, our immediate problem is to bring about a decrease of imports and an increase in the volume of exportable products, for which a demand exists. That is a task to which we must devote the most earnest attention.
Development of primary industries for the production of exportable wealth and the extension of Australian manufacturing will help to balance our external trade and enable us to employ our people, and eventually to maintain a larger population. lt would be a policy of despair to declare that costs of production and development are too high to permit of the expansion of ‘ our industries. Such a policy would imply that all development and expansion must cease. We must face the position frankly. Suggestions that wage reductions are essential to bring about increased production cannot be allowed to pass unchallenged. Employment is the barometer of prosperity, and production would be much increased if those who are now unemployed could be placed in useful work.
The Government has devoted much attention to the necessity for stimulating the export of primary products. Important discussions have taken place with representatives of the wool industry, and we are watching with interest the policy now being put into effect, which, it is hoped, will stabilize prices. In the belief that wheatgrowing, of all primary industries, is the one that will most readily respond to proposals for expansion, the Government last month invited Ministers of Agriculture of the various States and representatives of the wheat-growing industry to a conference at Canberra to discuss plans formulated by the Government for the establishment of a Commonwealth compulsory wheat pool. The principle of a compulsory pool was adopted by that conference. An Australian-wide wheat-marketing scheme, controlled by a pool board in each State, elected by the wheat-growers, and by a Commonwealth pool board on which each State board will be represented, is the essence of the proposals. A ballot of all wheat-growers is to be taken before 31st July next, to authorize the constitution of these boards. The
Commonwealth Government has invited the State Governments to join with it in guaranteeing the growers for the first year 4s. per bushel, payable at country sidings, which would mean the equivalent of approximately 4s. Sd. per bushel f.o.b. Honorable members will be asked to consider the legislation that is necessary to give authority^ so far as the Commonwealth Parliament is concerned, to” these proposals.
Encouragement will be given to the wine industry by increasing the export bounty from ls. to ls. 6d. a gallon. A bill to amend the Wine Bounty Act will bc submitted.
The Government has given the closest attention to the loan position in Australia. In December last, a loan of £10,000,000 was raised in Australia on behalf of the Commonwealth and the States. To this loan the public subscribed £7.790,000, the balance being taken up by the underwriting banks.
Last month, a further loan was issued to provide for the conversion and redemption of £10,400,000 of Commonwealth securities maturing in Australia on the 15th March. At the same time, holders of Commonwealth securities maturing on the 15th December next, were given the right to convert into the now loan. The March conversion and redemption loan has been over-subscribed, and the excess will be used to meet portion of the loan maturing on 15th December.
With regard to the December loan of £60,000,000; the conversion of £21,000,000 has already been arranged for and applications are still coming in satisfactorily.
These results are gratifying and illustrate Australia’s capacity to arrange her own conversion operations locally without recourse to the overseas markets.
Four meetings of the Australian Loan Council have been held since the Government assumed office. At these meetings, the questions of loans to cover arrears of borrowing and present requirements, as well as questions relating to future borrowing, were discussed. The financial position made it necessary for the Loan Council to consider further reductions in loan expenditure during the present financial year, and to provide for substantial reductions in the programmes of borrow-, ing for the Commonwealth and the States for the coming financial year.
During . the first six months of the financial year - that is, until 31st December last - customs revenue exceeded the estimate by £1,277,000, but for January, it was £398,000 below the estimate, and for February, £608,000 below the estimate.
As tariff increases and exchange difficulties must result in diminishing imports, there is every likelihood that customs revenue will continue to fall during the balance of the financial year.
Expenditure in all departments has been carefully investigated and reductions have been, and are being, secured by eliminating wasteful payments. The whole administration of the Department of Defence is now being reviewed with the object of effecting economies consistent with efficiency. Proposals for the amalgamation of the Royal Naval College and the Royal Military College in a joint establishment at Jervis Bay are being inquired into. It is felt that a saving in the very high cost of training naval and military officers can be made.
Maintenance of the Royal Naval College last year cost £64,750. As there were 52 cadets at the college, the cost worked out at nearly £1,250 per head per annum.
The staff employed for the maintenance of the college was 147, or nearly three persons’ for every cadet. Similarly, with regard to the Royal Military College, the maintenance cost was £52,750 for 74 cadets, or more than £700 per head per annum. A staff of 98 persons was employed for the 74 cadets.
Further economies will be effected by the proposed re-organization of the work of the Development and Migration Commission. A bill to amend the Development and Migration Commission Act will be introduced. Developmental activities will be placed under the control of the Prime Minister’s Department, and migration will be con.trolled by the Department of Markets and Transport. Co-ordination will be achieved between the work of the Council for Scientific and Industrial Research, and of ihe development section, by means of n consultative committee. This committee will deal with all schemes under the £34,000,000 Agreement, and will advise the Minister before preliminary work is started. It will also deal with matters of development referred to it by the States.
The Commonwealth has had to bear the heavy cost, of a supervisory organization designed to deal with a substantial stream of assisted migrants. On that heavy overhead charge, and on the contributions of passage money to migrants, a considerable reduction has been made.
As a direct result of the arrangements now operative, it is expected that a saving of £41,000 will be effected during the current financial year, and that for the year 1930-31 there will be a direct saving to the people of £124,000. Uniformity of control will mean a saving in the London organization alone of about £19,000 per annum.
By arrangement with the British Government, assisted migration will be confined for the present to boys and domestics, and to nominations involving the re-union of families. The whole position was discussed fully with the Premiers of the States at the conference at Canberra last month, when it was agreed that in future all requisitions and nominations should be forwarded direct to the Commonwealth. Hitherto, the practice followed by the States has been to forward nominations direct to London. The Government considers that as it is called upon to bear a large proportion of the cost, by way of passage money, loans to migrants, and administrative expenses, it should exercise strict supervision and careful reconsideration of nominations as well as requisitions.
With regard to non-British migration, steps have been taken to limit newcoiners of nationalities already subject to quota restrictions to numbers representing a reduction of approximately 50 per cent, for this year as compared with last year. The permission granted in these cases will be confined, with very few exceptions, to the closest relatives of persons already settled in Australia.
The need for an amendment of the Constitution designed to give greater legislative power to the Commonwealth Parliament has long been recognized. The dispute in the coal-mining industry and the recent decisions of the High Court have emphasized the need. One of the earliest measures to be placed before honorable members will provide for the holding of a referendum, at which proposals for the alteration of the Constitution, along the lines desired, will be submitted to the people.
Industrial legislation has received the close attention of the Government.
Under the enlarged constitutional powers to be sought, we intend to bring down, later in the life of the Parliament, a measure providing for the reconstruction of the laws affecting conciliation and arbitration, together with a comprehensive scheme of social insurance, including unemployment, covering Commonwealth, State, municipal and private employers and their employees. There will also be a complete re-organization of labour bureaus throughout Australia. In the meantime, bills will be introduced this session relating to the Commonwealth Conciliation and Arbitration Act, the Arbitration (Public Service) Act, the Transport Workers Act, and the Crimes Act.
Among other matters to be submitted for approval will be measures relating to the Seat of Government, the Commonwealth Bank, the Commonwealth Public Service, superannuation, Commonwealth employees’ compensation, a cotton bounty, a shale oil bounty, the Federal Aid Roads Agreement and wireless telegraphy. There will also be bills amending the Navigation Act, the Copyright Act, the Patents Act, The Income Tax Rates and Assessment Acts, the Land Tax Assessment Act, and honorable members will be asked to consider an amendment to the Industries Preservation Act to permit of contracts being entered into with regard to shipping freights.
It will also be necessary to consider the tariff schedules tabled towards the close of last year. There is no doubt that the action of the Government in tabling tariff schedules embracing more than 300 items arrested, to a considerable degree, the growth of unemployment. After the tariff was introduced, numerous notices of dismissal were withdrawn, and the increased protection provided has given substantial additional employment.
Honorable members will be asked to agree to resolutions for the ratification of the declaration by the Commonwealth accepting the optional clause of the statute of the Permanent Court of International Justice, and of the protocols recently adopted in connexion with the revision of the statute of the court and the accession of the United States of America thereto. There will also be opportunities for discussion of the report of the conference on the operation of dominion legislation and merchant shipping legislation, and of the report of the Australian delegation to the Tenth Assembly of the League of Nations.
The difficulties confronting Australia are serious, and a proper realization of them should result in whole-hearted cooperation of all sections in the working out of a satisfactory solution. Indeed, at the present juncture, the Parliament might fittingly become an economic conference of representatives of the people meeting to discuss the general position. I move -
That the paper be printed.
Debate (on motion by Mr. Latham) adjourned.
page 30
Motion (by Mr. Forde) agreed to -
That the Schedule to the Customs Tariff 1921-1928 be amended as hereunder set out, and that on and after the twenty -second day of November, One thousand nine hundred and twenty-nine, atnine o'clock in the forenoon, reckoned according to standard time in the Territory for the Seat of Government, Duties of Customs be collected in pursuance of the Customs Tariff as so amended. That, excepting by mutual agreement or until after six months' notice has been given to the Government of the Dominion of New Zealand, nothing in this Resolution shall affect any goods the produce or manufacture of the Dominion of New Zealand entering the Commonwealth of Australia from the Dominion of New Zealand.
Resolution reported.
Motion (by Mr. Forde) proposed-
That the Standing Orders be suspended to enable the remaining stages to be passed without delay.
.- Apparently the Acting Minister for Trade and Customs (Mr. Forde) is asking the House to agree to the duties contained in the tariff schedule just submitted, to be made restrospective to the 22nd November, 1929. If that is so, it is one of the most extraordinary tariff proposals ever placed before this Parliament. I have no recollection of similar action having been taken, and the Acting Minister should give the House some information concerning the Government’s proposals before proceeding further. The course we are now asked to adopt may have the effect of inflicting grievous harm upon certain persons who have imported goods which they have sold.
– The motion before the House is the suspension of the Standing Orders to permit the introduction of a bill to amend the Customs Tariff, to which motion the honorable member for Swan must confine his remarks.
-I am objecting to the suspension of the Standing Orders.
– I have no objection to the suspension of the Standing Orders if, before the motion is agreed to, the Acting Minister for Trade and Customs (Mr. Forde) will give his assurance that the persons directly concerned in this retrospective legislation will have every opportunity to make what representations they may desire to make before the measure is passed. As retrospective tariff proposals of this nature are almost without precedent in the history of Australian legislation, we should have an explanation from the Acting Minister before agreeing to the suspension of the Standing Orders. We should have an assurance from the Acting Minister that this measure will not be rushed through.
– I give honorable members that assurance.
– A motion has been submitted for the suspension of the Standing Orders to permit the introduction of a bill to amend the Customs Tariff, on the second reading of which the Minister in charge of the measure will explain the whole position. After the second reading has been moved an adjournment of the debate will, if necessary, be granted until Wednesday of next week. That will give honorable members the opportunity to obtain information. When they have beard the reason for introducing this measure they should find little objection to it.
Question resolved in the affirmative.
Resolution adopted.
That Mr. Forde and Mr. Scullin do prepare and bring in a bill to carry out the foregoing resolution.
Bill brought up, and read a first time.
. -I move -
That the bill be now read a second time.
I wish to explain to the House that it is now intended only to take this measure to the second-reading stage.- That will give honorable members ample time to consider its provisions before continuing the debate next week.’ The bill is introduced for the purpose of confirming a practice of the Trade and Customs Department which has been in operation since the introduction of the first federal customs tariff, and which has now, after 28 years’ acquiescence, been challenged by interested parties. The facts are briefly these: Tongued and grooved flooring and lining boards and weatherboards have always been classified by the department as “ Timber, dressed, n.e.i.,” under item 291 (i.) of the tariff. The general tariff rate on this timber up to November, 1927, was 8s. fid. per 100 super, feet. In that month the rate was increased to 15s., while in the tariff proposals of the 22nd November, .1929, it was further increased to 20s. The classification of this material has, at this late stage, been challenged by timber importers in several States, who have signified their intention of taking legal proceedings with the object of having the timber in question classified under item 291 (k), which reads -
Timber, bent or cut into shape, dressed or partly dressed, n.e.i ad valorem - 30 ner cent. British preferential tariff; 30 per cent, general tariff.
– Has the duty been paid on this imported timber?
– Yes, under protest, on all the timber that has been imported since the 22nd November, 1929, and without protest on all the timber imported prior to that date. A 30 per cent, ad valorem rate would have been less than the fixed rate of 8s. 6d. per 100 super, feet which was in operation prior to November, 1927, and it is a fact worthy of remark that when the rate on dressed timber was raised from 8s. 6d. to 15s. in November, .1927, the classification of flooring boards under that item was not challenged by the timber importers, although the amount of duty under the 15s. rate was, in effect, more than double the rate, that is, 30 per cent, ad valorem, chargeable under the item under which the importers now claim that this timber is properly classifiable. There is a large amount of money involved in this dispute.
– How much ?
– That will largely depend upon the result of litigation. If the importing companies win it might amount to well over £1,000,000, at a time when, the public exchequer cannot stand such a loss. At all events, there is a large amount of money involved, and in respect of the threatened law proceedings, it was discovered that none of the persons engaged in the timber importing trade was prepared to give evidence in support of the departmental classification of the timber. Naturally, they had discussed the matter, but they were not prepared to assist the department in upholding a classification that had been accepted by them for 28 years. The whole business savours of a com’bined effort to defeat the legitimate departmental classification, and the present action is necessary in order to checkmate any such attempt. I desire to emphasize the fact that the department maintains that its classification of the timber as dressed timber, n.e.i., item 291 (l) is, and has always been correct. But in view of the situation in which the department has been placed by the action of the timber importing trade, it is considered necessary to make the present amendment in order that the revenue of the Commonwealth may be adequately safeguarded. It will be noted that the amendment of the item is to date from the 22nd November, 1929, the date of the introduction of the tariff proposal affecting this item. This is necessary in order that the Government may be safeguarded in respect of all importations since the imposition of the increased rate.
– Has litigation actually begun ?
– No; but over twenty writs have already been issued against the Trade and Customs Department. The honorable member for Warringah (Mr. Archdale Parkhill) ‘ asked what amount of money was involved. I would inform him that the amount of refund claimed in New South Wales, principally on February importations, is, to date, £23,000. In Victoria the amount involved since 23rd November, 1929, is estimated at £29,000, and in other States £10,000, making a total of approximately £62,000. Those figures refer to timber imported since the 22nd November, 1929, only. On the actual import figures, comprising about 60,000,000 super, feet, the estimated difference between the duty at 20s. per 100 super, feet and 30 per cent, ad valorem, would be £400,000 per annum. At the rate on dressed timber which was in force between November, 1927, and November, 1929, namely, 15s. per 100 super, feet, the difference would be about £250,000 per annum. Honorable members can readily understand that a large sum is at stake. I repeat that the importing interests have accepted the department’s classification without question for 28 years.
– Have those interests stated that in the event of their claims being successful they will make refunds to their clients?
– They have made no such statement. I wish to remind honorable members that it was the intention of the House that Baltic timber, the timber concerned, should be dutiable as dressed timber, n.e.i., and the action now being taken is to clarify the position, and to make the item perfectly watertight. I hope that the bill will pass without unnecessary delay.
.- I move -
That the debate be now adjourned.
As this legislation is retrospective, it is desirable that we should obtain the fullest information, and, therefore, I hope that the Prime Minister will allow the debate to be adjourned for at least a week.
– The debate will be resumed when the House meets next week.
Motion, agreed to; debate adjourned.
page 33
– I move -
That the Schedule to the Excise Tariff *1921-1928* be further amended as hereunder set out, and on and after the thirteenth day of March, One thousand nine hundred and thirty, at nine o'clock in the forenoon, reckoned according to standard time in the Territory for the Seat of Government, Duties of Excise bo collected in pursuance of the Excise Tariff as so amended.
This excise tariff schedule is proposed for a specific purpose. The duty on spirits used in the fortification of wine is being increased by 5s. per proof gallon. The Government will bring down a bill within the next few days to provide for a bounty of ls. 6d. on each gallon of fortified wine exported. This will increase the present rate of bounty by 6d. per gallon. Provision has been made to pay the increased bounty almost immediately, and for it to continue for a period of five years. The estimated additional revenue from the increased duty will provide sufficient funds to pay
(21
the whole of the bounty on fortified wines exported. During the last, five years the average quantity of spirits used for fortifying wines for consumption in the Commonwealth has been S30,742 gallons. At the present rate of duty that represents a sum of £235,376. At the proposed increased rate it would provide £443,061, a difference of £207,685, which i3 sufficient, to provide a bounty at the rate of ls. 6d. per gallon on 2,750,000 gallons of wine. Our present exportation of wine amounts to about 2,000,000 gallons per annum. The bill, when introduced, will convince honorable members that the Government’^ proposal will be of great assistance to an important Australian industry. The drawback paid on fortified wine exported will be adjusted in accordance with the new rates of excise duty on fortifying spirit.
Progress reported.
page 34
Motion (by Mr. Forde) - by leave - agreed to -
That he have leave to bring in a bill for an act to amend the Customs Act 1901-1025.
Bill brought up, and read a first time. Second Reading.
. - by leave - I move -
That the bill be now read a second time.
This bill is introduced as the result of a recent Supreme Court action in New South Wales, which disclosed a weakness in the law governing refunds of customs duties. Section 163 of the Customs Act which deals with refunds, reads -
Whenever goods -
Whenever duty has been paid through manifest error of fact or patent misconception of the law, a refund, rebate or remission of the duty, as the case may require, shall be made in manner prescribed.
The manner of making refunds is set out in Regulation No. 126, which reads -
In a case recently before the Supreme Court of New South Wales, in which an importer claimed refunds of duty paid on importations dating back about two years, the court decided that section 2 of the regulation was ultra vires in that the act gave no power to prescribe a time within which refund claims may be lodged. The present proposal is to make the section intra vires. It has always been the practice of the Customs Department to place a time limit within which refund claims may be made; the necessary provision has been embodied in the Customs Regulations since they were first framed - in 1902. The court’s decision, therefore, came as a surprise. In delivering his judgment in respect of regulation 126 (2), in the case mentioned, the Chief Justice of New South Wales said -
It is not a regulation giving effect to the rights conferred by section 163. It is a regulation restricting the time within which those rights may be asserted. No such limitation of time is imposed by the act, and the effect of the imposition of such a restriction by regulation is to make an addition to the law. This is outside the rule-making power. From the stand-point of administration it is, I have no doubt, looked upon as necessary, or, at all events, convenient, that some limit of time should be imposed; but if the act does not impose any restriction as to time, this cannot be done by regulation under the guise of giving effect to the provisions of the act.
The regulation, which appears perfectly reasonable, has been in operation for about 28 years. The Department sees that there are no cases of hardship. In the absence of a time limit there would be nothing to prevent importers from claiming refunds of duty paid on goods imported and sold years previously ; goods on which the consumers had already paid the duty. The department, especially in instances in which claims are made in respect of goods pillaged or damaged, must be placed in a position to exercise a satisfactory check upon claims for refund. Clause 2 amends section 162 of the principal act by adding the following proviso: -
Provided that no refund, rebate, or remission of duty shall be made unless application therefor is made within such time as is prescribed.
The prescribed time has not yet been reconsidered but it will probably be three days, as in the existing regulation. There is, however, nothing to prevent the Minister from altering this time limit at any time by amending the regulation. It will be noticed that a time limit will not be imposed where it is not necessary, and that provision is made for cases in which its imposition would involve hardship. I desire to make it clear that the passing of this bill will not prevent Messrs Berk Ltd. from having their case fully considered on its merits, irrespective of the time limit; the decision of the court in their case will be honoured. But a time limit is necessary for the effective administration of the law relating to refunds of duty, and for that reason I commend the bill to the House.
Debate (on motion by Mr. Gullett) adjourned.
page 35
Motion (by Mr. Blakeley) - by leave - agreed to -
That he have leave to bring in a bill for an act to amend the Seat of Government (Administration) Act 1910, and for other purposes.
Bill brought up, and read a first time.
– by leave - I move -
That the bill be now read a second time.
This bill is introduced in fulfilment of the promise of the Government to abolish the commission system of government within the Federal Capital Territory. It provides for more direct ministerial responsibility in the control of the Territory, and will tend to a more economic and an improved system of administration. It was not possible to introduce it earlier, owing to the short period during which Parliament sat before Christmas.
I shall not detail minutely the history of the control of the Federal Capital Territory; but shall content myself with dealing briefly with a few aspects of it. From 1909 to 1912 the Territory was governed by the Department of Home Affairs, and the work which was carried out during that period was controlled by the Works Department. This arrangement was the subject of a good deal of criticism at the time, on the score of the overlapping of authority, and also because it was held that the ministerial authority in Melbourne was too far removed from the scene of operations. Therefore, in 1912 a resident administratorwas appointed. In 1916 the Home Affairs
Department disappeared, and the Home and Territories Department was created to take its place, while the works which were carried out were under the control of the Department of Works and Railways. Notwithstanding certain criticism, this arrangement proved fairly satisfactory until 1924. The fortunes of the Capital ebbed and flowed, and during the war years and immediately afterwards developmental work practically ceased. In 1924, however, it was felt that determined efforts should be made to establish the seat of government in the place chosen as the site of the national city. The government of the day, therefore, introduced a bill which provided for the establishment of a commission of three members to direct the erection of the city and administer its concerns. During the consideration of that . bill in Melbourne the measure was strongly criticized by the party then in Opposition, which is now supporting the Government. It was claimed by its members that the commission system of control was doomed to failure. I do not desire to revive controversy on the subject, but I assert that time has shown that, although under the commission system much valuable work was done, under conditions of extraordinary difficulty, and when the cost of labour and materials was at its peak, eventually, as questions of administration came to dominate engineering and constructional questions, the system practically broke down; certainly it completely failed to obtain the approval of the citizens who were compelled to live under it.
– Does the Minister consider that his proposals will meet with the approval of the residents?
– I am almost certain of it. The original commissioners were instructed to proceed with the erection of this Parliament House, and to provide accommodation for parliamentary officials and departmental secretariats. Later they were instructed to provide office accommodation and housing for certain specified departments, and to have it ready by the 9th May, the twentysixth anniversary of the opening of the first Commonwealth Parliament. Those instructions were complied with, and everything was ready by the appointed date. The constructional stage of the city’s development .was then practically finished, and the real test of the commission system of civic government began, with the results I have indicated.
I freely admit that the work of the Commission was considerably hampered by the fact that the leasehold system of land tenure operated in the Territory. Had there been freehold tenure the path of the Commission would have been smoother, because private enterprise would have assisted to a greater extent. But no disposition was shown to advance money for the provision of homes at Canberra, because its citizens were unable to secure a freehold title to the land on which they might wish to build. Thus the whole provision of residential accommodation, or practically all, had to bo undertaken by the Commission itself. The dissatisfaction of the citizens of Canberra became” very evident, and the government of the day made an endeavour to meet their wish for some measure of control of the affairs of their city. It was inevitable, perhaps, that those who had been compulsorily removed from their social environment in a big city like Melbourne, should feel some dissatisfaction with their change of situation, and they were thrown together in such a way that they did not lack opportunity of exchanging views and voicing their complaints. In the circumstances, complaints were, to be expected and the expectation was fully realized. An act was passed which permitted the citizens of Canberra to elect a representative to the Commission. The first Commissioner so elected did not enjoy a happy term of office, aud after a time he resigned. A second Commissioner was elected, and he, too, subsequently tendered his resignation; but withdrew it pending the formulation of this Government’s policy for the civic administration of Canberra. But though he is still the third Commissioner, it is evident that he is not at all happy in his position. The members of the last Government anticipated that they would soon have to take some step towards the substitution of another form of control for the Commission system, and the last Prime Minister, Mr. Bruce, stated in this chamber that his Government would, within twelve months, probably be in a position to formulate more permanent proposals for the Government of the Federal Capital Territory, and that Government refused to sanction the continuance of the Commission for a longer period. About that time the Chief Commissioner resigned and the second Commissioner, whose services had been loaned to the Commonwealth by the Malvern City Council, expressed his desire to return to his work in Melbourne. The two positions thus rendered vacant were filled by the appointment of two public servants, and the Commission continued to function.
There is no doubt that since Parliament first met in Canberra, there has been a growing resentment among members of both houses against the Commission system of control. When Sir Neville Howse, as the Minister in charge of the Territory, introduced the bill providing for local representation, he made the following reply to the criticism with which he had been mct -
It appears quite clear that honorable members generally are not anxious to accept the bill and its amendments, except as a temporary measure. I therefore propose to move, when the bill is in committee, to provide that the second and third Commissioners shall be appointed for only one year. This will enable Parliament to review the whole subject during the coming year.
I am of opinion that the commission system of government must fail, in Canberra or in any other place. When the representatives of the people, the appointed guardians of the public purse, part with their control and allow a government to shed its responsibility by establishing commission control, such a system ‘cannot do other than fail. Any system which permits the usurping of the responsibilities of Parliament cannot retain the approbation of its members.
– It cannot be said that an authority is usurping the powers of parliament when it has been established by that” Parliament to exercise certain specified powers.
– Perhaps it would be better to say that the members of a parliament cannot be expected to approve for long of the shedding of the powers of parliament in favour of a nonresponsible body.
– But it” is responsible.
– In my opinion, the luxe Government sought to shed responsibility; but when the pressure of public find parliamentary opinion became too great to resist, it compromised to the extent of allowing one of its Ministers to say that the bill would be amended during the committee stage, to restrict the operation of the measure to a period of twelve months, during’ which time the Government would probably be able to establish a system which would be more acceptable to honorable members.
There was, and still is in some quarters, a feeling that the commission system of administration should be continued in Canberra, as this city is similar in many respects to Washington, the capital of the United States of America. Sir John Sulman went to Washington to make a close study of the operation of the commission system of government there, and on his return to Australia he furnished on the 25th November, 1924, an official report on the subject, wherein he stated -
In order to obtain the citizens’’ view on thu commission system of government in Washington.. I interviewed Mr. Seymour, secretary of the Chamber of Commerce. He considers that, on the whole, the commission system of government fur a city like Washington is desirable, especially in view of the considerable coloured population who would have votes if. the city were governed by an elected council of the ordinary type. There was, however, a’ considerable m mount of dissatisfaction amongst the citizens at being wholly disfranchised.
Later Sir John Sulman said -
I have already pointed out the difficulties of Washington, which would have become more acute ere now but for the fear of the negro vote and if.? manipulation by unscrupulous wire-puller:-. With us this difficulty does not exist
I believe t-bat it would be wrong to continue in Canberra the system of commission control that obtains in Washington, and 1. am firmly of the opinion that, were it not for the serious problem created by the existence of a large negroid population in Washington, the people of th tit city, and of America generally, would have demanded some form of representative government for that capital. This Government is of opinion thai, on financial grounds, there 13 justification for ending the commission system in Canberra. I do not desire now to criticize the financial administration of the Federal Capital Commission; but L believe that the commission system is extravagant, and that the Federal Capital Commission has taken upon itself responsibilities which should have fallen upon the Commonwealth Parliament. Certainly there was a squandering of money which Australia could ill alford to spend. The total cash expenditure on the Federal Capital Territory from 1901 to 30th June, 1929. was £10,677,094. The amount which was expended by the Commission from the 1st January, 1925, to the 30th June, 1929, was £7.314,366. For financial and other reasons there has been a gradual diminution of expenditure by the Commission, as will be apparent from the following table. The Federal Capital Commission has expended -
For the current financial year, 1929-30, the sum of £450,000 only has been made available from loan, to which must be added revenue amounting to £225,000. It is estimated that at least £80,000 of that amount will be saved. On administration alone savings to the extent of £30,000 per annum have been effected, and these are of a permanent character. The Government, therefore, considers that there is no justification for continuing the costly and unwieldy machinery that was created at a time when the financial position of the Commonwealth was vastly different from what it is now. It therefore proposes, by the bill now before the House, to abolish the Federal Capital Commission, and to divide the present functions of the Commission among the departments. There will be a Federal Capital Council.
– That is not provided for in the bill.
– It is proposed to effect this change by means of an ordinance, so that such amendments as may be found necessary may bc made expeditiously, and without bringing every trivial detail before this Parliament. All these ordinances will be subject to the conditions that apply to ordinances generally. They will be laid on the table of both Houses, and may be objected to within 30 days by any honorable member who has any fault to find with them. The Government does not consider that the National Parliament should be asked continually to use its legislative machinery to effect small amendments to the municipal system to be set up in Canberra. The council will make recommendations to the Minister, who will submit them for the approval of the Governor in Council. The advisory council will consist of a chairman, who will be the civic administrator. . His salary will be fixed later, and his term of appointment will be for twelve months. The reason why that term is fixed is that the Government hopes that, at the expiration of that period, it may be possible to give the citizens of Canberra a greater degree of self-government.
– Is not that a provision similar to the proposal of Sir Neville Howse?
– It differs in this respect, that it is inspired by the spirit of optimism, whereas his proposal was demanded by defeat. The salary of the chairman of the advisory council will be modest in comparison with what has been paid to the executive officers of the Federal Capital Commission, whose salaries have ranged from £7,000 to £9,000 per annum.
– Who has received £7,000 or £9,000 per annum?
– The total salaries of the executive officers of the Federal Capital Commission have ranged from £7,000 to £9,000 a year in the peak period.
– Is not the honorable gentleman comparing the salary of the proposed chairman with the total salaries paid to the executive officers of the Federal Capital Commission?
– I am comparing the cost of administration under the new and the old systems of administration. The Government representatives on the advisory council will be the Secretary to the Department of Home Affairs, the Secretary to the Works Department, and the Director-General of Health. Three other members will be elected by the citizens. The qualifications of candidates for those positions and of electors will be similar to those pertaining to the election of members of this Parliament. Both men and women will be eligible for election to the council. An honorarium of £100 a year will be paid to each elected member.
– Why should not the departmental heads also receive the honorarium?
– Because attendance at the meetings of the council will be one of their official duties.
– Is not their time fully occupied already?
– They will have sufficient time to attend to this additional work. I do not anticipate the slightest trouble in that matter. I believe that they will be glad to have the opportunity to take part in this work. Most of the meetings will be held in the day-time, probably in the afternoon.
– Will they be open to the public?
– Except as to certain matters which it may be desirable to discuss in camera, I see no reason why the proceedings of the council should not be open to the public.
– What qualifications does the Government suggest that the chairman should possess?
– It is hoped to obtain as chairman and civic administrator one who has had experience in administration in the Federal Capital Territory. It is proposed to redistribute the present functions of the Commission as follows: -
Health Department. - Protection of public health; sanitation, omitting nightsoil and garbage removal ; medical inspection of school children; control of preparation and sale of drugs and food, including abattoirs, dairy supervision, milk supply, sale of meat ; hospitals ; control of stock diseases, orchards, fruit and plant pests.
Works Department. - Construction and maintenance of all engineering works, including roads, footpaths, bridges, culverts, levees, sewers and treatment works, water-courses, drains, water supply, dams, reservoirs, electric power stations, mains and services, mechanical works, &c. ; construction and maintenance of all buildings and residences other than those constructed privately ; provision of electricity and water; acquisition and disposal of all public buildings, excluding hotels, private buildings and residences; control and management of factories and workshops, brickworks, quarries, cement products, &c. ; plant required for construction of all works; purchase and supply of material’s and stores ; supply of furniture and fittings for all Commonwealth requirements; surveys, maps, and plans.
Attorney-General’s Department. - Registration of Titles; preparation of ordinances, by-laws, regulations, &c, for the government of the Territory.
Home Affairs Department (Civic). - Development of city according to the Griffin plan; special local government activities; social service; preparation of balance-sheets; collection and accounting for all amounts due for rents, rates, electricity, water, garbage, &c. ; approval of designs, &c, of all buildings erected in the Territory; sub-divisions; fire brigades, &c. ; land valuations; control and management of Crown lands; levying and collection of rates; forestry; destruction of vermin and noxious weeds; the disposal of residences, of which the Commission now controls approximately 800, including sale, letting, and inspection; advances for buildings to lessees; credit foncier; general municipal government; education; hotels and boarding houses; bus and transport, other than for works, tractors and cars for works inspectors; collection of charges for electricity, water and sewerage; markets, weighbridges and pounds; sanitation and garbage removal; industrial matters, including tribunals; cemeteries and burials; parks and gardens, and recreation grounds; administration and accounting for the above.
– Will the officers who are employed in the civic section enjoy all the rights and privileges of public servants?
– No. Because of the uncertainty of the position and the likelihood that within a few years we shall be able to give full civic control of the city to the people themselves, it would not be wise to give these officers full status under the Public Service Act; but as temporary officers they will be subject to the Public Service regulations. The dissection of the Commission’s activities that I have outlined was the work of a committee which was called together by me, and consisted of representatives of the various departments and of the Commission. That committee investigated the matter thoroughly and held a number of conferences, as a result of which it recommended the transference of the Commission’s activities in the manner that T have indicated. That recommendation was accepted by the Government. The three representatives of the citizens on the proposed Federal Capital Council will meet in conference the four representatives of the Government either weekly or fortnightly as the exigencies of the situation may require.
– Why should they be paid an honorarium of fi 00 per annum, and the departmental officers be given no extra, remuneration ?
– That matter can be discussed when honorable members have the ordinances before them. The honorable member for Moreton (Mr. Francis) need not fear that the departmental heads concerned will not be given a fair deal. They are completely in accord with the policy of the Government, and are only too pleased to take upon their shoulders some responsibility for the development of this beautiful city. They are looking forward eagerly to an acceptance of responsibility for the various activities that they will be asked to administer.
I cannot allow this opportunity to pass without paying a tribute to the very fine work that has been done in connexion with the building and development of this city by a number of gentlemen whose names I propose to place on record. They are: Mr. Burley Griffin, who was responsible for the conception of the plan of lay-out of the City of Canberra ; Sir John Sulman, Colonel P. T. Owen, Colonel J. T. H. Goodwin, Mr. E. M. de Burgh, and Mr. H. E. Ross, members of the Federal Capital Advisory Committee, who did excellent work and laid the foundations of the programme that was ultimately carried out by the Federal Capital Commission; the late Mr. C. R. Scrivener, Director of Commonwealth Lands and Surveys; the late Colonel W. L. Vernon, Government Architect of New South Wales; Mr. Thomas Hill, Commonwealth Director-General of Works;
Brigadier-General David Miller, at one time Administrator of the Territory ; Mr. J. S. Murdoch, formerly Commonwealth Director-General of Works and at present a member of the Federal Capital Commission ; Sir John Butters, Sir John Harrison, the late Mr. C. H. Gorman, Colonel T. J. Thomas, Mr. B. C. Gooldand Mr. A. J. Christie, who have served in the capacity of members of the Federal Capital Commission; Dr. J. F. W. Watson and Dr. R. M. Alcorn, elected Third Commissioners; Mr. C. S. Daley, Secretary to the Federal Capital Commission; Mr. H. M. Holland, at one time Works Director of the Federal Capital Territory; Mr. T. G. Weston, late Superintendent of Parks and Gardens; and the vast number of workers who have played a most important part in the building of this exceedingly beautiful city.
The Government’s proposals are designed to serve the interests of both the people of Canberra and the nation generally. It is our responsibility to develop this national city so that it will be the hub of all the commercial, social and political activities of the Commonwealth. That responsibility imposes sacrifices upon those who are obliged to come here ; it certainly has done so in the case of those members of the Public Service who were transferred from other centres. I feel sure, however, that the day will arrive when every one of them will be proud of the city. The ordinance to which I have referred will allow - in fact, will invite - the residents of the city to take a part in its development and to assist to make it what it will one day become, the most beautiful city in the southern hemisphere. I commend the bill to honorable members.
Debate (on motion by Mr. Latham) adjourned
page 40
Motion (by Mr. Blakeley”) - by leave - agreed to -
That lie have leave to bring in a bill for an act to provide a fund for the establishment and endowment of a solar observatory in the Territory for the Seat of Government.
Bill brought up, and read a first time.
– by leave - I move -
That the bill be now read a second time.
This is a short measure, which provides for. the establishment of a fund in connexion with the Commonwealth Solar Observatory at Mount Stromlo, about seven miles distant from the city, in the Federal Capital Territory. The observatory was founded for the study of solar phenomena, and ha3 aroused a good deal of interest in scientific circles because of the work that it is anticipated it will carry out. Its establishment is Australia’s contribution to the world of scientific attainment. We hope that in it will be carried out work of great value to the people of Australia, particularly in connexion with weather reports and cognate subjects. Valuable gift telescopes have been presented to the observatory by Mr. James Oddie, of Ballarat, Mr. J. H. Reynolds, of Birmingham, and the trustees of the estate of the late Lord Farnham. The apparatus that was so patriotically presented is now being placed in position, and it is anticipated that it will prove an exceedingly valuable aid to the work of those scientists who are engaged on solar observations. Sums have also been subscribed for the benefit of the observatory by a number of people who are interested in the scientific advancement of solar physics and allied researches and studies. The donations that have been made by these patriotic gentlemen have reached a total of £2,500. This amount is at present invested in Commonwealth funds, and it is hoped that it will be materially augmented by donations from persons who are interested in the scientific development of the observatory. It is proposed that the custody of the fund, and its control, shall be undertaken by three trustees, one of whom will be the acting director of the observatory, the second the Secretary to the Treasury, and the third the Secretary to the Department of Home Affairs.
– The bill mentions a director, but not an acting director, of the observatory.
– A director has not yet been appointed to fill the position made vacant by the death of the late Dr. Duffield. The fund will consist of future donations in the form of either money or securities; investments made out of donations already in hand; and any other moneys or property received by the trustees for the purposes of the fund. The trustees are to be empowered to invest money to the credit of the fund in securities of the Commonwealth or on fixed deposit with the Commonwealth Bank, or the Commonwealth Savings Bank, and to convert iuto money any securities that form part of the fund. The spending power of the trustees will be restricted to the income that accrues from the investing of the moneys to constitute the fund. They will be required to furnish the Minister for Home Affairs with an animal report showing the financial transactions of the fund, the books and accounts of which will be subject to audit by the Commonwealth AuditorGeneral. I commend the bill to honorable members.
– Has this bill been introduced for the purpose of assisting to make Canberra thehomeof culture in Australia ?
– Yes.
– What amount will the Treasury pay into the fund?
– The Treasury will not be called upon to provide anything. The money paid into the fund has been donated by patriotic citizens.
Debate (on motion by Mr. Latham) adjourned.
page 41
Mr.SCULLIN (Yarro- Prime Minister) [5.46]. - In moving -
That the House do now adjourn,
I should like to express my appreciation of the courtesy of the Opposition in allowing the Government to bring forward its measures to-day.
Question resolved in the affirmative.
House adjourned at5.47 p.m.
Cite as: Australia, House of Representatives, Debates, 12 March 1930, viewed 22 October 2017, <http://historichansard.net/hofreps/1930/19300312_reps_12_123/>.